[Congressional Record Volume 169, Number 130 (Thursday, July 27, 2023)]
[Senate]
[Pages S3774-S3838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1073. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. 1063. BRIEFING ON AIR NATIONAL GUARD ACTIVE 
                   ASSOCIATIONS.

       Not later than November 1, 2023, the Secretary of the Air 
     Force shall brief the congressional defense committees on the 
     potential increase in air refueling capacity and cost 
     savings, including manpower, to be achieved by making all Air 
     National Guard KC-135 units active associations.
                                 ______
                                 
  SA 1074. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 936 proposed by Mr. Schumer to the amendment SA 935 
proposed by Mr. Schumer (for Mr. Reed (for himself and Mr. Wicker)) to 
the bill S. 2226, to authorize appropriations for fiscal year 2024 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 1, line 3, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 1075. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 3 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1076. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1075 submitted by Mr. Schumer and intended to be 
proposed to the bill S. 2226, to authorize appropriations for fiscal 
year 2024 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1, line 3, strike ``3'' and insert ``4 days''.
                                 ______
                                 
  SA 1077. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 5 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1078. Mr. SCHATZ (for himself and Ms. Murkowski) proposed an 
amendment to amendment SA 935 proposed by Mr. Schumer (for Mr. Reed 
(for himself and Mr. Wicker)) to the bill S. 2226, to authorize 
appropriations for fiscal year 2024 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; as follows:

       At the end, add the following:

 DIVISION I--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      REAUTHORIZATION ACT OF 2023

     SEC. 11001. SHORT TITLE.

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

     SEC. 11002. CONSOLIDATION OF ENVIRONMENTAL REVIEW 
                   REQUIREMENTS.

       Section 105 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
     adding at the end the following:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project at the time of environmental review, 
     the Indian tribe of the recipient may assume, in addition to 
     all of the responsibilities for environmental review, 
     decision making, and action under subsection (a), all of the 
     additional responsibilities for environmental review, 
     decision making, and action under provisions of law that 
     would apply to each Federal agency providing additional 
     funding were the Federal agency to carry out the project as a 
     Federal project.
       ``(2) Discharge.--The assumption by the Indian tribe of the 
     additional responsibilities for environmental review, 
     decision making, and action under paragraph (1) with respect 
     to a project shall be deemed to discharge the responsibility 
     of the applicable Federal agency for environmental review, 
     decision making, and action with respect to the project.
       ``(3) Certification.--An Indian tribe that assumes the 
     additional responsibilities under paragraph (1), shall 
     certify, in addition to the requirements under subsection 
     (c)--
       ``(A) the additional responsibilities that the Indian tribe 
     has fully carried out under this subsection; and
       ``(B) that the certifying officer consents to assume the 
     status of a responsible Federal official under the provisions 
     of law that would apply to each Federal agency providing 
     additional funding under paragraph (1).

[[Page S3775]]

       ``(4) Liability.--
       ``(A) In general.--An Indian tribe that completes an 
     environmental review under this subsection shall assume sole 
     liability for the content and quality of the review.
       ``(B) Remedies and sanctions.--Except as provided in 
     subparagraph (C), if the Secretary approves a certification 
     and release of funds to an Indian tribe for a project in 
     accordance with subsection (b), but the Secretary or the head 
     of another Federal agency providing funding for the project 
     subsequently learns that the Indian tribe failed to carry out 
     the responsibilities of the Indian tribe as described in 
     subsection (a) or paragraph (1), as applicable, the Secretary 
     or other head, as applicable, may impose appropriate remedies 
     and sanctions in accordance with--
       ``(i) the regulations issued pursuant to section 106; or
       ``(ii) such regulations as are issued by the other head.
       ``(C) Statutory violation waivers.--If the Secretary waives 
     the requirements under this section in accordance with 
     subsection (d) with respect to a project for which an Indian 
     tribe assumes additional responsibilities under paragraph 
     (1), the waiver shall prohibit any other Federal agency 
     providing additional funding for the project from imposing 
     remedies or sanctions for failure to comply with requirements 
     for environmental review, decision making, and action under 
     provisions of law that would apply to the Federal agency.''.

     SEC. 11003. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2024 through 2030''.

     SEC. 11004. STUDENT HOUSING ASSISTANCE.

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

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

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

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

       Section 203(g) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is 
     amended by striking ``$5,000'' and inserting ``$7,000''.

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

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

     SEC. 11008. LEASE REQUIREMENTS AND TENANT SELECTION.

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

     SEC. 11009. INDIAN HEALTH SERVICE.

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

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

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

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

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

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

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

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

     SEC. 11011. REPORTS TO CONGRESS.

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

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

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

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

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

     SEC. 11014. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   PROVISIONS.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``such sums as may be necessary'' and all that 
     follows through the period at the end and inserting ``such 
     sums as may be necessary for each of fiscal years 2024 
     through 2030.''.

     SEC. 11015. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

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

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

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes and Tribally Designated Housing 
     Entities as Community-based Development Organizations.--
       ``(1) Definition.--In this subsection, the term `tribally 
     designated housing entity' has the meaning given the term in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).

[[Page S3776]]

       ``(2) Qualification.--An Indian tribe, a tribally 
     designated housing entity, or a tribal organization shall 
     qualify as a community-based development organization for 
     purposes of carrying out new housing construction under this 
     subsection under a grant made under section 106(a)(1).
       ``(j) Special Activities by Indian Tribes.--An Indian tribe 
     receiving a grant under paragraph (1) of section 106(a)(1) 
     shall be authorized to directly carry out activities 
     described in paragraph (15) of such section 106(a)(1).''.

     SEC. 11017. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184 of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Authority.--To provide access to sources of private 
     financing to Indian families, Indian housing authorities, and 
     Indian Tribes, who otherwise could not acquire housing 
     financing because of the unique legal status of Indian lands 
     and the unique nature of tribal economies, and to expand 
     homeownership opportunities to Indian families, Indian 
     housing authorities and Indian tribes on fee simple lands, 
     the Secretary may guarantee not to exceed 100 percent of the 
     unpaid principal and interest due on any loan eligible under 
     subsection (b) made to an Indian family, Indian housing 
     authority, or Indian Tribe on trust land and fee simple 
     land.''; and
       (2) in subsection (b)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Eligible housing.--The loan shall be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are standard housing.'';
       (B) in paragraph (4)--
       (i) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and adjusting the 
     margins accordingly;
       (ii) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (iii) in subparagraph (A), as so designated, by adding at 
     the end the following:
       ``(v) Any other lender that is supervised, approved, 
     regulated, or insured by any agency of the Federal 
     Government, including any entity certified as a community 
     development financial institution by the Community 
     Development Financial Institutions Fund established under 
     section 104(a) of the Riegle Community Development and 
     Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; 
     and
       (iv) by adding at the end the following:
       ``(B) Direct guarantee process.--
       ``(i) Authorization.--The Secretary may authorize 
     qualifying lenders to participate in a direct guarantee 
     process for approving loans under this section.
       ``(ii) Indemnification.--

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

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

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

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

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

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the mortgagee engaged in 
     fraud or misrepresentation.''; and
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (h)(1)(B), the term of the loan shall not exceed 40 years''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2024 through 2030.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2024 through 2030''.

     SEC. 11018. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

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

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

       ``(iv) Any other lender that is supervised, approved, 
     regulated, or insured by any agency of the Federal 
     Government, including any entity certified as a community 
     development financial institution by the Community 
     Development Financial Institutions Fund established under 
     section 104(a) of the Riegle Community Development and 
     Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; 
     and
       (ii) by adding at the end the following:
       ``(C) Indemnification.--
       ``(i) In general.--If the Secretary determines that a 
     mortgage guaranteed through a direct guarantee process under 
     this section was not originated in accordance with the 
     requirements established by the Secretary, the Secretary may 
     require the lender approved under this section to indemnify 
     the Secretary for the loss, irrespective of whether the 
     violation caused the mortgage default.
       ``(ii) Direct guarantee endorsement.--The Secretary may, 
     dependent on the availability of systems development and 
     staffing resources, delegate to eligible lenders the 
     authority to directly endorse loans under this section.
       ``(iii) Fraud or misrepresentation.--If fraud or 
     misrepresentation was involved in the direct guarantee 
     endorsement process by a lender under this section, the 
     Secretary shall require the approved direct guarantee 
     endorsement lender to indemnify the Secretary for any loss or 
     potential loss, regardless of whether the fraud or 
     misrepresentation caused or may cause the loan default.
       ``(iv) Implementation.--The Secretary may implement any 
     requirements described in this subparagraph by regulation, 
     notice, or Dear Lender Letter.''.
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (i)(1)(B), the term of the loan shall not exceed 40 years'';
       (3) in subsection (d)--
       (A) in paragraph (1), by adding at the end the following:
       ``(C) Exception.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and 
     (B) of this paragraph shall not apply.'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Standard for approval.--
       ``(A) Approval.--The Secretary may approve a loan for 
     guarantee under this section and issue a certificate under 
     this subsection only if the Secretary determines that there 
     is a reasonable prospect of repayment of the loan.
       ``(B) Exceptions.--When the Secretary exercises its 
     discretion to delegate direct guarantee endorsement authority 
     pursuant to subsection (c)(4)(C)(ii)--
       ``(i) subparagraph (A) shall not apply; and
       ``(ii) the direct guarantee endorsement lender may issue a 
     certificate under this paragraph as evidence of the guarantee 
     in accordance with requirements prescribed by the 
     Secretary.''; and
       (C) in paragraph (3)(A), by inserting ``or, where 
     applicable, the direct guarantee endorsement lender,'' after 
     ``Secretary'' and
       (4) in subsection (j)(5)(B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2024 through 2030.''.

     SEC. 11019. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--

[[Page S3777]]

       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may, in consultation with 
     the Bureau of Indian Affairs and relevant Tribal law 
     enforcement agencies, make grants under this section to 
     recipients of assistance under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.) for use in eliminating drug-related and violent 
     crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement agencies for additional 
     security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;
       (4) the employment of 1 or more individuals--
       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing communities funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents;
       (8) sports programs and sports activities that serve 
     primarily youths from housing communities funded through and 
     are operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those 
     communities; and
       (9) other programs for youth in school settings that 
     address drug prevention and positive alternatives for youth, 
     including education and activities related to science, 
     technology, engineering, and math.
       (d) Applications.--
       (1) In general.--To receive a grant under this subsection, 
     an eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute funding to 
     grantees under this section, which shall include descriptions 
     of--
       (A) the methodology used to distribute amounts made 
     available under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under section are not used to fund baseline 
     local government services, as described in subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall publish 
     on the website of the Department a notice of all grant awards 
     made pursuant to section, which shall identify the grantees 
     and the amount of the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, as specified in the 
     program requirements published in a notice by the Secretary, 
     which may include--
       (A) the use of on-site monitoring, independent public audit 
     requirements, certification by Tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2);
       (B) entering into agreements with the Attorney General to 
     achieve compliance, and verification of compliance, with the 
     provisions of this section; and
       (C) adopting enforcement authority that is substantially 
     similar to the authority provided to the Secretary under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each 
     fiscal years 2024 through 2030 to carry out this section.

     SEC. 11020. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

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

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

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

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

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

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

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.

[[Page S3778]]

       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

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

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

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

       ``(vii) Consultation.--

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

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

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

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

       ``(x) Reporting.--

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

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

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

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

     SEC. 11021. CONTINUUM OF CARE.

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

     SEC. 11022. LEVERAGING.

       All funds provided under a grant made pursuant to this 
     division or the amendments made by this division may be used 
     for purposes of meeting matching or cost participation 
     requirements under any other Federal housing program, 
     provided that such grants made pursuant to the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) are spent in accordance with 
     that Act.
                                 ______
                                 
  SA 1079. Ms. WARREN (for herself and Mr. Markey) submitted an 
amendment intended to be proposed by her to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle A of title XXVIII, add the 
     following:

     SEC. 2816. PRIORITIZATION OF CERTAIN MILITARY INSTALLATION 
                   RESILIENCE PROJECTS TO IMPROVE INFRASTRUCTURE 
                   AT CERTAIN FACILITIES DETERMINED TO BE CRITICAL 
                   TO NATIONAL SECURITY.

       Section 2815 of title 10, United States Code, is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Prioritization of Certain Infrastructure Projects.--
     In carrying out this section, the Secretary concerned shall 
     prioritize projects that improve infrastructure that--
       ``(1) is owned by the United States Government; and
       ``(2) provides the sole means of ingress to and egress from 
     a facility determined to be critical to the national security 
     interests of the United States, as determined by the 
     Secretary of Defense.''.
                                 ______
                                 
  SA 1080. Ms. WARREN (for herself and Mr. Markey) submitted an 
amendment intended to be proposed by her to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle A of title XXVIII, add the 
     following:

     SEC. 2816. INCREASE OF AMOUNT OF OPERATION AND MAINTENANCE 
                   FUNDS AUTHORIZED TO BE OBLIGATED ANNUALLY FOR 
                   MILITARY INSTALLATION RESILIENCE PROJECTS.

       Section 2815(e)(3) of title 10, United States Code, is 
     amended by striking ``$100,000,000'' and inserting 
     ``$200,000,000''.
                                 ______
                                 
  SA 1081. Mr. MULLIN submitted an amendment intended to be proposed by

[[Page S3779]]

him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 10____. OPERATIONS AND MAINTENANCE COSTS OF CERTAIN 
                   BUREAU OF RECLAMATION DAMS AND DIKES.

       Section 4309(a) of the America's Water Infrastructure Act 
     of 2018 (43 U.S.C. 377b note; Public Law 115-270) is 
     amended--
       (1) by striking ``one-year''; and
       (2) by inserting ``and ending on December 31, 2026'' after 
     ``2023''.
                                 ______
                                 
  SA 1082. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF E-
                   3 AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2024 for the Air 
     Force may be obligated or expended to retire, prepare to 
     retire, or place in storage or in backup aircraft inventory 
     any E-3 aircraft if such actions would reduce the total 
     aircraft inventory for such aircraft below 16.
       (b) Exception for Plan.--If the Secretary of the Air Force 
     submits to the congressional defense committees a plan for 
     maintaining readiness and ensuring there is no lapse in 
     mission capabilities, the prohibition under subsection (a) 
     shall not apply to actions taken to reduce the total aircraft 
     inventory for E-3 aircraft to below 16, beginning 30 days 
     after the date on which the plan is so submitted.
       (c) Exception for E-7 Procurement.--If the Secretary of the 
     Air Force procures enough E-7 Wedgetail aircraft to 
     accomplish the required mission load, the prohibition under 
     subsection (a) shall not apply to actions taken to reduce the 
     total aircraft inventory for E-3 aircraft to below 16 after 
     the date on which such E-7 Wedgetail aircraft are delivered.
                                 ______
                                 
  SA 1083. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1049. PROHIBITION ON USE OF FUNDS FOR ADULT CABARET 
                   PERFORMANCES.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2024 for the 
     Department of Defense and no facilities owned or operated by 
     Department of Defense may be used to host, advertise, or 
     otherwise support an adult cabaret performance.
       (b) Definitions.--In this section:
       (1) Adult cabaret performance.--The term ``adult cabaret 
     performance'' means a performance that features topless 
     dancers, go-go dancers, exotic dances, strippers, or male or 
     female impersonators who provide entertainment that appeals 
     to prurient interest.
       (2) Host, advertise, or otherwise support.--The term 
     ``host, advertise, or otherwise support'' includes such 
     activities as social media, background checks, transportation 
     or escort, meal services, event venues, non-governmental or 
     non-military related flags, banners, and fliers.
                                 ______
                                 
  SA 1084. Mr. DAINES (for himself and Mr. Tester) proposed an 
amendment to amendment SA 935 proposed by Mr. Schumer (for Mr. Reed 
(for himself and Mr. Wicker)) to the bill S. 2226, to authorize 
appropriations for fiscal year 2024 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; as follows:

       At the end, add the following:

 DIVISION I--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT 
                                OF 2023

     SEC. 11001. SHORT TITLE.

       This division may be cited as the ``Fort Belknap Indian 
     Community Water Rights Settlement Act of 2023''.

     SEC. 11002. PURPOSES.

       The purposes of this division are--
       (1) to achieve a fair, equitable, and final settlement of 
     claims to water rights in the State of Montana for--
       (A) the Fort Belknap Indian Community of the Fort Belknap 
     Reservation of Montana; and
       (B) the United States, acting as trustee for the Fort 
     Belknap Indian Community and allottees;
       (2) to authorize, ratify, and confirm the water rights 
     compact entered into by the Fort Belknap Indian Community and 
     the State, to the extent that the Compact is consistent with 
     this division;
       (3) to authorize and direct the Secretary--
       (A) to execute the Compact; and
       (B) to take any other actions necessary to carry out the 
     Compact in accordance with this division;
       (4) to authorize funds necessary for the implementation of 
     the Compact and this division; and
       (5) to authorize the exchange and transfer of certain 
     Federal and State land.

     SEC. 11003. DEFINITIONS.

       In this division:
       (1) Allottee.--The term ``allottee'' means an individual 
     who holds a beneficial real property interest in an allotment 
     of Indian land that is--
       (A) located within the Reservation; and
       (B) held in trust by the United States.
       (2) Blackfeet tribe.--The term ``Blackfeet Tribe'' means 
     the Blackfeet Tribe of the Blackfeet Indian Reservation of 
     Montana.
       (3) Cercla.--The term ``CERCLA'' means the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       (4) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Reclamation.
       (5) Compact.--The term ``Compact'' means--
       (A) the Fort Belknap-Montana water rights compact dated 
     April 16, 2001, as contained in section 85-20-1001 of the 
     Montana Code Annotated (2021); and
       (B) any appendix (including appendix amendments), part, or 
     amendment to the Compact that is executed to make the Compact 
     consistent with this division.
       (6) Enforceability date.--The term ``enforceability date'' 
     means the date described in section 11011(f).
       (7) Fort belknap indian community.--The term ``Fort Belknap 
     Indian Community'' means the Gros Ventre and Assiniboine 
     Tribes of the Fort Belknap Reservation of Montana, a 
     federally recognized Indian Tribal entity included on the 
     list published by the Secretary pursuant to section 104(a) of 
     the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 5131(a)).
       (8) Fort belknap indian community council.--The term ``Fort 
     Belknap Indian Community Council'' means the governing body 
     of the Fort Belknap Indian Community.
       (9) Fort belknap indian irrigation project.--
       (A) In general.--The term ``Fort Belknap Indian Irrigation 
     Project'' means the Federal Indian irrigation project 
     constructed and operated by the Bureau of Indian Affairs, 
     consisting of the Milk River unit, including--
       (i) the Three Mile unit; and
       (ii) the White Bear unit.
       (B) Inclusions.--The term ``Fort Belknap Indian Irrigation 
     Project'' includes any addition to the Fort Belknap Indian 
     Irrigation Project constructed pursuant to this division, 
     including expansion of the Fort Belknap Indian Irrigation 
     Project, the Pumping Plant, delivery Pipe and Canal, the Fort 
     Belknap Reservoir and Dam, and the Peoples Creek Flood 
     Protection Project.
       (10) Implementation fund.--The term ``Implementation Fund'' 
     means the Fort Belknap Indian Community Water Settlement 
     Implementation Fund established by section 11013(a).
       (11) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (12) Lake elwell.--The term ``Lake Elwell'' means the water 
     impounded on the Marias River in the State by Tiber Dam, a 
     feature of the Lower Marias Unit of the Pick-Sloan Missouri 
     River Basin Program authorized by section 9 of the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (58 Stat. 891, chapter 665).
       (13) Malta irrigation district.--The term ``Malta 
     Irrigation District'' means the public corporation--
       (A) created on December 28, 1923, pursuant to the laws of 
     the State relating to irrigation districts; and
       (B) headquartered in Malta, Montana.
       (14) Milk river.--The term ``Milk River'' means the 
     mainstem of the Milk River and each tributary of the Milk 
     River between the headwaters of the Milk River and the 
     confluence of the Milk River with the Missouri River, 
     consisting of--
       (A) Montana Water Court Basins 40F, 40G, 40H, 40I, 40J, 
     40K, 40L, 40M, 40N, and 40O; and
       (B) the portion of the Milk River and each tributary of the 
     Milk River that flows through the Canadian Provinces of 
     Alberta and Saskatchewan.
       (15) Milk river project.--
       (A) In general.--The term ``Milk River Project'' means the 
     Bureau of Reclamation project conditionally approved by the 
     Secretary on March 14, 1903, pursuant to the Act of June 17, 
     1902 (32 Stat. 388, chapter 1093),

[[Page S3780]]

     commencing at Lake Sherburne Reservoir and providing water to 
     a point approximately 6 miles east of Nashua, Montana.
       (B) Inclusions.--The term ``Milk River Project'' includes--
       (i) the St. Mary Unit;
       (ii) the Fresno Dam and Reservoir; and
       (iii) the Dodson pumping unit.
       (16) Missouri river basin.--The term ``Missouri River 
     Basin'' means the hydrologic basin of the Missouri River, 
     including tributaries.
       (17) Operations and maintenance.--The term ``operations and 
     maintenance'' means the Bureau of Indian Affairs operations 
     and maintenance activities related to costs described in 
     section 171.500 of title 25, Code of Federal Regulations (or 
     a successor regulation).
       (18) Operations, maintenance, and replacement.--The term 
     ``operations, maintenance, and replacement'' means--
       (A) any recurring or ongoing activity associated with the 
     day-to-day operation of a project;
       (B) any activity relating to scheduled or unscheduled 
     maintenance of a project; and
       (C) any activity relating to repairing, replacing, or 
     rehabilitating a feature of a project.
       (19) Pick-sloan missouri river basin program.--The term 
     ``Pick-Sloan Missouri River Basin Program'' means the Pick-
     Sloan Missouri River Basin Program (authorized by section 9 
     of the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)).
       (20) PMM.--The term ``PMM'' means the Principal Meridian, 
     Montana.
       (21) Reservation.--
       (A) In general.--The term ``Reservation'' means the area of 
     the Fort Belknap Reservation in the State, as modified by 
     this division.
       (B) Inclusions.--The term ``Reservation'' includes--
       (i) all land and interests in land established by--

       (I) the Agreement with the Gros Ventre and Assiniboine 
     Tribes of the Fort Belknap Reservation, ratified by the Act 
     of May 1, 1888 (25 Stat. 113, chapter 212), as modified by 
     the Agreement with the Indians of the Fort Belknap 
     Reservation of October 9, 1895 (ratified by the Act of June 
     10, 1896) (29 Stat. 350, chapter 398);
       (II) the Act of March 3, 1921 (41 Stat. 1355, chapter 135); 
     and
       (III) Public Law 94-114 (25 U.S.C. 5501 et seq.);

       (ii) the land known as the ``Hancock lands'' purchased by 
     the Fort Belknap Indian Community pursuant to the Fort 
     Belknap Indian Community Council Resolution No. 234-89 
     (October 2, 1989); and
       (iii) all land transferred to the United States to be held 
     in trust for the benefit of the Fort Belknap Indian Community 
     under section 11006.
       (22) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (23) St. mary unit.--
       (A) In general.--The term ``St. Mary Unit'' means the St. 
     Mary Storage Unit of the Milk River Project authorized by 
     Congress on March 25, 1905.
       (B) Inclusions.--The term ``St. Mary Unit'' includes--
       (i) Sherburne Dam and Reservoir;
       (ii) Swift Current Creek Dike;
       (iii) Lower St. Mary Lake;
       (iv) St. Mary Canal Diversion Dam; and
       (v) St. Mary Canal and appurtenances.
       (24) State.--The term ``State'' means the State of Montana.
       (25) Tribal water code.--The term ``Tribal water code'' 
     means the Tribal water code enacted by the Fort Belknap 
     Indian Community pursuant to section 11005(g).
       (26) Tribal water rights.--The term ``Tribal water rights'' 
     means the water rights of the Fort Belknap Indian Community, 
     as described in Article III of the Compact and this division, 
     including the allocation of water to the Fort Belknap Indian 
     Community from Lake Elwell under section 11007.
       (27) Trust fund.--The term ``Trust Fund'' means the Aaniiih 
     Nakoda Settlement Trust Fund established for the Fort Belknap 
     Indian Community under section 11012(a).

     SEC. 11004. RATIFICATION OF COMPACT.

       (a) Ratification of Compact.--
       (1) In general.--As modified by this division, the Compact 
     is authorized, ratified, and confirmed.
       (2) Amendments.--Any amendment to the Compact is 
     authorized, ratified, and confirmed to the extent that the 
     amendment is executed to make the Compact consistent with 
     this division.
       (b) Execution.--
       (1) In general.--To the extent that the Compact does not 
     conflict with this division, the Secretary shall execute the 
     Compact, including all appendices to, or parts of, the 
     Compact requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this division precludes the 
     Secretary from approving any modification to an appendix to 
     the Compact that is consistent with this division, to the 
     extent that the modification does not otherwise require 
     congressional approval under section 2116 of the Revised 
     Statutes (25 U.S.C. 177) or any other applicable provision of 
     Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Compact and this 
     division, the Secretary shall comply with all applicable 
     provisions of--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the Compact and this 
     division, the Fort Belknap Indian Community shall prepare any 
     necessary environmental documents, except for any 
     environmental documents required under section 11008, 
     consistent with all applicable provisions of--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4231 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation submitted 
     under subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.
       (3) Effect of execution.--The execution of the Compact by 
     the Secretary under this section shall not constitute a major 
     Federal action for purposes of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (4) Costs.--Any costs associated with the performance of 
     the compliance activities described in paragraph (2) shall be 
     paid from funds deposited in the Trust Fund, subject to the 
     condition that any costs associated with the performance of 
     Federal approval or other review of such compliance work or 
     costs associated with inherently Federal functions shall 
     remain the responsibility of the Secretary.

     SEC. 11005. TRIBAL WATER RIGHTS.

       (a) Confirmation of Tribal Water Rights.--
       (1) In general.--The Tribal water rights are ratified, 
     confirmed, and declared to be valid.
       (2) Use.--Any use of the Tribal water rights shall be 
     subject to the terms and conditions of the Compact and this 
     division.
       (3) Conflict.--In the event of a conflict between the 
     Compact and this division, this division shall control.
       (b) Intent of Congress.--It is the intent of Congress to 
     provide to each allottee benefits that are equivalent to, or 
     exceed, the benefits the allottees possess on the day before 
     the date of enactment of this division, taking into 
     consideration--
       (1) the potential risks, cost, and time delay associated 
     with litigation that would be resolved by the Compact and 
     this division;
       (2) the availability of funding under this division and 
     from other sources;
       (3) the availability of water from the Tribal water rights; 
     and
       (4) the applicability of section 7 of the Act of February 
     8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this 
     division to protect the interests of allottees.
       (c) Trust Status of Tribal Water Rights.--The Tribal water 
     rights--
       (1) shall be held in trust by the United States for the use 
     and benefit of the Fort Belknap Indian Community and 
     allottees in accordance with this division; and
       (2) shall not be subject to loss through non-use, 
     forfeiture, or abandonment.
       (d) Allottees.--
       (1) Applicability of the act of february 8, 1887.--The 
     provisions of section 7 of the Act of February 8, 1887 (24 
     Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use 
     of water for irrigation purposes, shall apply to the Tribal 
     water rights.
       (2) Entitlement to water.--Any entitlement to water of an 
     allottee under Federal law shall be satisfied from the Tribal 
     water rights.
       (3) Allocations.--An allottee shall be entitled to a just 
     and equitable allocation of water for irrigation purposes.
       (4) Claims.--
       (A) Exhaustion of remedies.--Before asserting any claim 
     against the United States under section 7 of the Act of 
     February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), 
     or any other applicable law, an allottee shall exhaust 
     remedies available under the Tribal water code or other 
     applicable Tribal law.
       (B) Action for relief.--After the exhaustion of all 
     remedies available under the Tribal water code or other 
     applicable Tribal law, an allottee may seek relief under 
     section 7 of the Act of February 8, 1887 (24 Stat. 390, 
     chapter 119; 25 U.S.C. 381), or other applicable law.
       (5) Authority of the secretary.--The Secretary shall have 
     the authority to protect the rights of allottees in 
     accordance with this section.
       (e) Authority of the Fort Belknap Indian Community.--
       (1) In general.--The Fort Belknap Indian Community shall 
     have the authority to allocate, distribute, and lease the 
     Tribal water rights for use on the Reservation in accordance 
     with the Compact, this division, and applicable Federal law.
       (2) Off-reservation use.--The Fort Belknap Indian Community 
     may allocate, distribute, and lease the Tribal water rights 
     for off-Reservation use in accordance with the Compact, this 
     division, and applicable Federal law--
       (A) subject to the approval of the Secretary; or

[[Page S3781]]

       (B) pursuant to Tribal water leasing regulations consistent 
     with the requirements of subsection (f).
       (3) Land leases by allottees.--Notwithstanding paragraph 
     (1), an allottee may lease any interest in land held by the 
     allottee, together with any water right determined to be 
     appurtenant to the interest in land, in accordance with the 
     Tribal water code.
       (f) Tribal Water Leasing Regulations.--
       (1) In general.--At the discretion of the Fort Belknap 
     Indian Community, any water lease of the Fort Belknap Indian 
     Community of the Tribal water rights for use on or off the 
     Reservation shall not require the approval of the Secretary 
     if the lease--
       (A) is executed under tribal regulations, approved by the 
     Secretary under this subsection;
       (B) is in accordance with the Compact; and
       (C) does not exceed a term of 100 years, except that a 
     lease may include an option to renew for 1 additional term of 
     not to exceed 100 years.
       (2) Authority of the secretary over tribal water leasing 
     regulations.--
       (A) In general.--The Secretary shall have the authority to 
     approve or disapprove any Tribal water leasing regulations 
     issued in accordance with paragraph (1).
       (B) Considerations for approval.--The Secretary shall 
     approve any Tribal water leasing regulations issued in 
     accordance with paragraph (1) if the Tribal water leasing 
     regulations--
       (i) provide for an environmental review process that 
     includes--

       (I) the identification and evaluation of any significant 
     effects of the proposed action on the environment; and
       (II) a process for ensuring that--

       (aa) the public is informed of, and has a reasonable 
     opportunity to comment on, any significant environmental 
     impacts of the proposed action identified by the Fort Belknap 
     Indian Community; and
       (bb) the Fort Belknap Indian Community provides responses 
     to relevant and substantive public comments on those impacts 
     prior to its approval of a water lease; and
       (ii) are consistent with this division and the Compact.
       (3) Review process.--
       (A) In general.--Not later than 120 days after the date on 
     which Tribal water leasing regulations under paragraph (1) 
     are submitted to the Secretary, the Secretary shall review 
     and approve or disapprove the regulations.
       (B) Written documentation.--If the Secretary disapproves 
     the Tribal water leasing regulations described in 
     subparagraph (A), the Secretary shall include written 
     documentation with the disapproval notification that 
     describes the basis for this disapproval.
       (C) Extension.--The deadline described in subparagraph (A) 
     may be extended by the Secretary, after consultation with the 
     Fort Belknap Indian Community.
       (4) Federal environmental review.--Notwithstanding 
     paragraphs (2) and (3), if the Fort Belknap Indian Community 
     carries out a project or activity funded by a Federal agency, 
     the Fort Belknap Indian Community--
       (A) shall have the authority to rely on the environmental 
     review process of the applicable Federal agency; and
       (B) shall not be required to carry out a tribal 
     environmental review process under this subsection.
       (5) Documentation.--If the Fort Belknap Indian Community 
     issues a lease pursuant to Tribal water leasing regulations 
     under paragraph (1), the Fort Belknap Indian Community shall 
     provide the Secretary and the State a copy of the lease, 
     including any amendments or renewals to the lease.
       (6) Limitation of liability.--
       (A) In general.--The United States shall not be liable in 
     any claim relating to the negotiation, execution, or approval 
     of any lease or exchange agreement or storage agreement, 
     including any claims relating to the terms included in such 
     an agreement, made pursuant to Tribal water leasing 
     regulations under paragraph (1).
       (B) Obligations.--The United States shall have no trust 
     obligation or other obligation to monitor, administer, or 
     account for--
       (i) any funds received by the Fort Belknap Indian Community 
     as consideration under any lease or exchange agreement or 
     storage agreement; or
       (ii) the expenditure of those funds.
       (g) Tribal Water Code.--
       (1) In general.--Notwithstanding Article IV.A.2. of the 
     Compact, not later than 4 years after the date on which the 
     Fort Belknap Indian Community approves the Compact in 
     accordance with section 11011(f)(1), the Fort Belknap Indian 
     Community shall enact a Tribal water code that provides for--
       (A) the administration, management, regulation, and 
     governance of all uses of the Tribal water rights in 
     accordance with the Compact and this division; and
       (B) the establishment by the Fort Belknap Indian Community 
     of the conditions, permit requirements, and other 
     requirements for the allocation, distribution, or use of the 
     Tribal water rights in accordance with the Compact and this 
     division.
       (2) Inclusions.--Subject to the approval of the Secretary, 
     the Tribal water code shall provide--
       (A) that use of water by allottees shall be satisfied with 
     water from the Tribal water rights;
       (B) a process by which an allottee may request that the 
     Fort Belknap Indian Community provide water for irrigation 
     use in accordance with this division, including the provision 
     of water under any allottee lease under section 4 of the Act 
     of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
       (C) a due process system for the consideration and 
     determination by the Fort Belknap Indian Community of any 
     request of an allottee (or a successor in interest to an 
     allottee) for an allocation of water for irrigation purposes 
     on allotted land, including a process for--
       (i) appeal and adjudication of any denied or disputed 
     distribution of water; and
       (ii) resolution of any contested administrative decision;
       (D) a requirement that any allottee asserting a claim 
     relating to the enforcement of rights of the allottee under 
     the Tribal water code, including to the quantity of water 
     allocated to land of the allottee, shall exhaust all remedies 
     available to the allottee under Tribal law before initiating 
     an action against the United States or petitioning the 
     Secretary pursuant to subsection (d)(4)(B);
       (E) a process by which an owner of fee land within the 
     boundaries of the Reservation may apply for use of a portion 
     of the Tribal water rights; and
       (F) a process for the establishment of a controlled 
     Groundwater area and for the management of that area in 
     cooperation with establishment of a contiguous controlled 
     Groundwater area off the Reservation established pursuant to 
     Section B.2. of Article IV of the Compact and State law.
       (3) Action by secretary.--
       (A) In general.--During the period beginning on the date of 
     enactment of this Act and ending on the date on which a 
     Tribal water code described in paragraphs (1) and (2) is 
     enacted, the Secretary shall administer, with respect to the 
     rights of allottees, the Tribal water rights in accordance 
     with the Compact and this division.
       (B) Approval.--The Tribal water code described in 
     paragraphs (1) and (2) shall not be valid unless--
       (i) the provisions of the Tribal water code required by 
     paragraph (2) are approved by the Secretary; and
       (ii) each amendment to the Tribal water code that affects a 
     right of an allottee is approved by the Secretary.
       (C) Approval period.--
       (i) In general.--The Secretary shall approve or disapprove 
     the Tribal water code or an amendment to the Tribal water 
     code by not later than 180 days after the date on which the 
     Tribal water code or amendment to the Tribal water code is 
     submitted to the Secretary.
       (ii) Extensions.--The deadline described in clause (i) may 
     be extended by the Secretary, after consultation with the 
     Fort Belknap Indian Community.
       (h) Administration.--
       (1) No alienation.--The Fort Belknap Indian Community shall 
     not permanently alienate any portion of the Tribal water 
     rights.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this division for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this division shall be considered to satisfy any 
     requirement for authorization of the action required by 
     Federal law.
       (3) Prohibition on forfeiture.--The non-use of all or any 
     portion of the Tribal water rights by any water user shall 
     not result in the forfeiture, abandonment, relinquishment, or 
     other loss of all or any portion of the Tribal water rights.
       (i) Effect.--Except as otherwise expressly provided in this 
     section, nothing in this division--
       (1) authorizes any action by an allottee against any 
     individual or entity, or against the Fort Belknap Indian 
     Community, under Federal, State, Tribal, or local law; or
       (2) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.
       (j) Pick-Sloan Missouri River Basin Program Power Rates.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary, in cooperation with the Secretary of 
     Energy, shall make available the Pick-Sloan Missouri River 
     Basin Program irrigation project pumping power rates to the 
     Fort Belknap Indian Community, the Fort Belknap Indian 
     Irrigation Project, and any projects funded under this 
     division.
       (2) Authorized purposes.--The power rates made available 
     under paragraph (1) shall be authorized for the purposes of 
     wheeling, administration, and payment of irrigation project 
     pumping power rates, including project use power for gravity 
     power.

     SEC. 11006. EXCHANGE AND TRANSFER OF LAND.

       (a) Exchange of Eligible Land and State Land.--
       (1) Definitions.--In this subsection:
       (A) Eligible land.--The term ``eligible land'' means--
       (i) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that 
     are administered by the Secretary, acting through the 
     Director of the Bureau of Land Management; and
       (ii) land in the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Resources Planning 
     Act of 1974 (16 U.S.C. 1609(a)) that is administered by the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service.

[[Page S3782]]

       (B) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (i) the Secretary, with respect to the eligible land 
     administered by the Bureau of Land Management; and
       (ii) the Secretary of Agriculture, with respect to eligible 
     land managed by the Forest Service.
       (2) Negotiations authorized.--
       (A) In general.--The Secretary concerned shall offer to 
     enter into negotiations with the State for the purpose of 
     exchanging eligible land described in paragraph (4) for the 
     State land described in paragraph (3).
       (B) Requirements.--Any exchange of land made pursuant to 
     this subsection shall be subject to the terms and conditions 
     of this subsection.
       (C) Priority.--
       (i) In general.--In carrying out this paragraph, the 
     Secretary and the Secretary of Agriculture shall, during the 
     5-year period beginning on the date of enactment of this Act, 
     give priority to an exchange of eligible land located within 
     the State for State land.
       (ii) Secretary of agriculture.--The responsibility of the 
     Secretary of Agriculture under clause (i), during the 5-year 
     period described in that clause, shall be limited to 
     negotiating with the State an acceptable package of land in 
     the National Forest System (as defined in section 11(a) of 
     the Forest and Rangeland Resources Planning Act of 1974 (16 
     U.S.C. 1609(a))).
       (3) State land.--The Secretary is authorized to accept the 
     following parcels of State land located on and off the 
     Reservation:
       (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
       (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
       (C) 640 acres in T. 27 N., R. 21 E., sec. 36.
       (D) 640 acres in T. 26 N., R. 23 E., sec. 16.
       (E) 640 acres in T. 26 N., R. 23 E., sec. 36.
       (F) 640 acres in T. 26 N., R. 26 E., sec. 16.
       (G) 640 acres in T. 26 N., R. 22 E., sec. 36.
       (H) 640 acres in T. 27 N., R. 23 E., sec. 16.
       (I) 640 acres in T. 27 N., R. 25 E., sec. 36.
       (J) 640 acres in T. 28 N., R. 22 E., sec. 36.
       (K) 640 acres in T. 28 N., R. 23 E., sec. 16.
       (L) 640 acres in T. 28 N., R. 24 E., sec. 36.
       (M) 640 acres in T. 28 N., R. 25 E., sec. 16.
       (N) 640 acres in T. 28 N., R. 25 E., sec. 36.
       (O) 640 acres in T. 28 N., R. 26 E., sec. 16.
       (P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease 
     by the Fort Belknap Indian Community Council on the date of 
     enactment of this Act, comprised of--
       (i) 30.68 acres in lot 5;
       (ii) 26.06 acres in lot 6;
       (iii) 21.42 acres in lot 7; and
       (iv) 16.8 acres in lot 8.
       (Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding 
     the 73.36 acres under lease by individuals who are not 
     members of the Fort Belknap Indian Community, on the date of 
     enactment of this Act.
       (R) 640 acres in T. 29 N., R. 22 E., sec. 36.
       (S) 640 acres in T. 29 N., R. 23 E., sec. 16.
       (T) 640 acres in T. 29 N., R. 24 E., sec. 16.
       (U) 640 acres in T. 29 N., R. 24 E., sec. 36.
       (V) 640 acres in T. 29 N., R. 25 E., sec. 16.
       (W) 640 acres in T. 29 N., R. 25 E., sec. 36.
       (X) 640 acres in T. 29 N., R. 26 E., sec. 16.
       (Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding 
     the 58.72 acres under lease by individuals who are not 
     members of the Fort Belknap Indian Community on the date of 
     enactment of this Act.
       (Z) 640 acres in T. 30 N., R. 22 E., sec. 36.
       (AA) 640 acres in T. 30 N., R. 23 E., sec. 16.
       (BB) 640 acres in T. 30 N., R. 23 E., sec. 36.
       (CC) 640 acres in T. 30 N., R. 24 E., sec. 16.
       (DD) 640 acres in T. 30 N., R. 24 E., sec. 36.
       (EE) 640 acres in T. 30 N., R. 25 E., sec. 16.
       (FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under 
     lease by the Fort Belknap Indian Community Council on the 
     date of enactment of this Act.
       (GG) 640 acres in T. 31 N., R. 22 E., sec. 36.
       (HH) 640 acres in T. 31 N., R. 23 E., sec. 16.
       (II) 640 acres in T. 31 N., R. 23 E., sec. 36.
       (JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4.
       (KK) 640 acres in T. 25 N., R. 22 E., sec. 16.
       (4) Eligible land.--
       (A) In general.--Subject to valid existing rights, the 
     reservation of easements or rights-of-way deemed necessary to 
     be retained by the Secretary concerned, and the requirements 
     of this subsection, the Secretary is authorized and directed 
     to convey to the State any eligible land within the State 
     identified in the negotiations authorized by paragraph (2) 
     and agreed to by the Secretary concerned.
       (B) Exceptions.--The Secretary concerned shall exclude from 
     any conveyance any parcel of eligible land that is--
       (i) included within the National Landscape Conservation 
     System established by section 2002(a) of the Omnibus Public 
     Land Management Act of 2009 (16 U.S.C. 7202(a)), without 
     regard to whether that land has been identified as available 
     for disposal in a land use plan;
       (ii) designated as wilderness by Congress;
       (iii) within a component of the National Wild and Scenic 
     Rivers System; or
       (iv) designated in the Forest Land and Resource Management 
     Plan as a Research Natural Area.
       (C) Administrative responsibility.--The Secretary shall be 
     responsible for meeting all substantive and any procedural 
     requirements necessary to complete the exchange and the 
     conveyance of the eligible land.
       (5) Land into trust.--On completion of the land exchange 
     authorized by this subsection, the Secretary shall, as soon 
     as practicable after the enforceability date, take the land 
     received by the United States pursuant to this subsection 
     into trust for the benefit of the Fort Belknap Indian 
     Community.
       (6) Terms and conditions.--
       (A) Equal value.--The values of the eligible land and State 
     land exchanged under this subsection shall be equal, except 
     that the Secretary concerned may--
       (i) exchange land that is of approximately equal value if 
     such an exchange complies with the requirements of section 
     206(h) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1716(h)) (and any regulations implementing that 
     section) without regard to the monetary limitation described 
     in paragraph (1)(A) of that section; and
       (ii) make or accept an equalization payment, or waive an 
     equalization payment, if such a payment or waiver of a 
     payment complies with the requirements of section 206(b) of 
     that Act (43 U.S.C. 1716(b)) (and any regulations 
     implementing that section).
       (B) Impacts on local governments.--In identifying eligible 
     land to be exchanged with the State, the Secretary concerned 
     and the State may--
       (i) consider the financial impacts of exchanging specific 
     eligible land on local governments; and
       (ii) attempt to minimize the financial impact of the 
     exchange on local governments.
       (C) Existing authorizations.--
       (i) Eligible land conveyed to the state.--

       (I) In general.--Any eligible land conveyed to the State 
     under this subsection shall be subject to any valid existing 
     rights, contracts, leases, permits, and rights-of-way, unless 
     the holder of the right, contract, lease, permit, or right-
     of-way requests an earlier termination in accordance with 
     existing law.
       (II) Assumption by state.--The State shall assume all 
     benefits and obligations of the Forest Service or the Bureau 
     of Land Management, as applicable, under the existing rights, 
     contracts, leases, permits, and rights-of-way described in 
     subclause (I).

       (ii) State land conveyed to the united states.--

       (I) In general.--Any State land conveyed to the United 
     States under this subsection and taken into trust for the 
     benefit of the Fort Belknap Indian Community subject shall be 
     to any valid existing rights, contracts, leases, permits, and 
     rights-of-way, unless the holder of the right, contract, 
     lease, permit, or right-of-way requests an earlier 
     termination in accordance with existing law.
       (II) Assumption by bureau of indian affairs.--The Bureau of 
     Indian Affairs shall--

       (aa) assume all benefits and obligations of the State under 
     the existing rights, contracts, leases, permits, and rights-
     of-way described in subclause (I); and
       (bb) disburse to the Fort Belknap Indian Community any 
     amounts that accrue to the United States from those rights, 
     contracts, leases, permits, and rights-of-way, after the date 
     of transfer from any sale, bonus, royalty, or rental relating 
     to that land in the same manner as amounts received from 
     other land held by the Secretary in trust for the benefit of 
     the Fort Belknap Indian Community.
       (D) Personal property.--
       (i) In general.--Any improvements constituting personal 
     property, as defined by State law, belonging to the holder of 
     a right, contract, lease, permit, or right-of-way on land 
     transferred to the United States under this subsection 
     shall--

       (I) remain the property of the holder; and
       (II) be removed not later than 90 days after the date on 
     which the right, contract, lease, permit, or right-of-way 
     expires, unless the Fort Belknap Indian Community and the 
     holder agree otherwise.

       (ii) Remaining property.--Any personal property described 
     in clause (i) remaining with the holder described in that 
     clause beyond the 90-day period described in subclause (II) 
     of that clause shall--

       (I) become the property of the Fort Belknap Indian 
     Community; and
       (II) be subject to removal and disposition at the 
     discretion of the Fort Belknap Indian Community.

       (iii) Liability of previous holder.--The holder of personal 
     property described in clause (i) shall be liable for costs 
     incurred by the Fort Belknap Indian Community in removing and 
     disposing of the personal property under clause (ii)(II).
       (7) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of land owned by the State under 
     paragraph (3), the State may, with the consent of the Fort 
     Belknap Indian Community, make technical corrections to the 
     legal land descriptions to more specifically identify the 
     State parcels to be exchanged.
       (8) Assistance.--The Secretary shall provide $10,000,000 of 
     financial or other assistance to the State and the Fort 
     Belknap Indian Community as may be necessary to obtain the 
     appraisals, and to satisfy administrative requirements, 
     necessary to accomplish the exchanges under paragraph (2).
       (b) Federal Land Transfers.--
       (1) In general.--Subject to valid existing rights and the 
     requirements of this subsection, all right, title, and 
     interest of the United States in and to the land described in 
     paragraph (2) shall be held by the United States in trust for 
     the benefit of the Fort Belknap Indian Community as part of 
     the Reservation on the enforceability date.
       (2) Federal land.--
       (A) Bureau of land management parcels.--
       (i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised 
     of--

[[Page S3783]]

       (I) 19.55 acres in lot 10;
       (II) 19.82 acres in lot 11; and
       (III) 20.09 acres in lot 16.

       (ii) 324.24 acres in the N\1/2\ of T. 25 N., R. 22 E., sec. 
     5.
       (iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised 
     of--

       (I) 20.39 acres in lot 2;
       (II) 20.72 acres in lot 7;
       (III) 21.06 acres in lot 8;
       (IV) 40.00 acres in lot 9;
       (V) 40.00 acres in lot 10;
       (VI) 40.00 acres in lot 11;
       (VII) 40.00 acres in lot 12;
       (VIII) 21.39 acres in lot 13; and
       (IX) 160 acres in SW\1/4\.

       (iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised 
     of--

       (I) 18.06 acres in lot 5;
       (II) 18.25 acres in lot 6;
       (III) 18.44 acres in lot 7; and
       (IV) 15.88 acres in lot 8.

       (v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised 
     of--

       (I) 17.65 acres in lot 5;
       (II) 17.73 acres in lot 6;
       (III) 17.83 acres in lot 7; and
       (IV) 17.91 acres in lot 8.

       (vi) 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised 
     of--

       (I) 21.56 acres in lot 6;
       (II) 29.50 acres in lot 7;
       (III) 17.28 acres in lot 8;
       (IV) 17.41 acres in lot 9; and
       (V) 17.54 acres in lot 10.

       (vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised 
     of--

       (I) 80 acres in the S\1/2\ of the NW\1/4\ ; and
       (II) 80 acres in the W\1/2\ of the SW\1/4\.

       (viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2, 
     comprised of--

       (I) 82.54 acres in the E\1/2\ of the NW\1/4\;
       (II) 164.96 acres in the NE\1/4\; and
       (III) 320 acres in the S\1/2\.

       (ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised 
     of--

       (I) 40 acres in the SE\1/4\ of the NW\1/4\;
       (II) 160 acres in the SW\1/4\; and
       (III) 40 acres in the SW\1/4\ of the SE\1/4\.

       (x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of--

       (I) 80 acres in the E\1/2\ of the SE\1/4\; and
       (II) 40 acres in the NW\1/4\ of the SE\1/4\.

       (xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised 
     of--

       (I) 160 acres in the SW\1/4\; and
       (II) 40 acres in the SW\1/4\ of the NW\1/4\.

       (xii) 40 acres in the SE\1/4\ of the SE\1/4\ of T. 26 N., 
     R. 21 E., sec. 6.
       (xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised 
     of--

       (I) 40 acres in the NE\1/4\ of the SW\1/4\;
       (II) 160 acres in the NW\1/4\; and
       (III) 40 acres in the NW\1/4\ of the SE\1/4\.

       (xiv) 320 acres in the E\1/2\ of T. 26 N., R. 21 E., sec. 
     9.
       (xv) 640 acres in T. 26 N., R. 21 E., sec. 10.
       (xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised 
     of--

       (I) 320 acres in the N\1/2\;
       (II) 80 acres in the N\1/2\ of the SE\1/4\;
       (III) 160 acres in the SW\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the SE\1/4\.

       (xvii) 525.81 acres in T. 26 N., R. 22 E., sec. 21, 
     comprised of--

       (I) 6.62 acres in lot 1;
       (II) 5.70 acres in lot 2;
       (III) 56.61 acres in lot 5;
       (IV) 56.88 acres in lot 6;
       (V) 320 acres in the W\1/2\; and
       (VI) 80 acres in the W\1/2\ of the SE\1/4\.

       (xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28.
       (xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised 
     of--

       (I) 320 acres in the N\1/2\;
       (II) 160 acres in the N\1/2\ of the S\1/2\; and
       (III) 80 acres in the S\1/2\ of the SE\1/4\.

       (xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised 
     of--

       (I) 320 acres in the S\1/2\; and
       (II) 80 acres in the S\1/2\ of the NW\1/4\.

       (xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33, 
     comprised of--

       (I) 58.25 acres in lot 3;
       (II) 58.5 acres in lot 4;
       (III) 58.76 acres in lot 5;
       (IV) 40 acres in the NW\1/4\ of the NE\1/4\;
       (V) 160 acres in the SW\1/4\; and
       (VI) 80 acres in the W\1/2\ of the SE\1/4\.

       (xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised 
     of--

       (I) 24.36 acres in lot 1;
       (II) 24.35 acres in lot 2; and
       (III) 40 acres in the SW\1/4\ of the SW\1/4\.

       (xxiii) 80 acres in T. 27 N., R. 21 E., sec. 3, comprised 
     of--

       (I) 40 acres in lot 11; and
       (II) 40 acres in lot 12.

       (xxiv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised 
     of--

       (I) 40 acres in the NW\1/4\ of the SW\1/4\; and
       (II) 40 acres in the SW\1/4\ of the NW\1/4\.

       (xxv) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the SW\1/4\;
       (II) 40 acres in the NW\1/4\ of the NW\1/4\; and
       (III) 80 acres in the S\1/2\ of the NW\1/4\.

       (xxvi) 40 acres in the SE\1/4\ of the NE\1/4\ of T. 27 N., 
     R. 21 E., sec. 23.
       (xxvii) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NW\1/4\;
       (II) 160 acres in the NE\1/4\;
       (III) 40 acres in the NE\1/4\ of the SE\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the SW\1/4\.

       (xxviii) 120 acres in T. 27 N., R. 21 E., sec. 25, 
     comprised of--

       (I) 80 acres in the S\1/2\ of the NE\1/4\; and
       (II) 40 acres in the SE\1/4\ of the NW\1/4\.

       (xxix) 40 acres in the NE\1/4\ of the SE\1/4\ of T. 27 N., 
     R. 21 E., sec. 26.
       (xxx) 160 acres in the NW\1/4\ of T. 27 N., R. 21 E., sec. 
     27.
       (xxxi) 40 acres in the SW\1/4\ of the SW\1/4\ of T. 27 N., 
     R. 21 E., sec. 29.
       (xxxii) 40 acres in the SW\1/4\ of the NE\1/4\ of T. 27 N., 
     R. 21 E., sec 30.
       (xxxiii) 120 acres in T. 27 N., R. 21 E., sec. 33, 
     comprised of--

       (I) 40 acres in the SE\1/4\ of the NE\1/4\; and
       (II) 80 acres in the N\1/2\ of the SE\1/4\.

       (xxxiv) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised 
     of--

       (I) 160 acres in the N\1/2\ of the S\1/2\;
       (II) 160 acres in the NE\1/4\;
       (III) 80 acres in the S\1/2\ of the NW\1/4\; and
       (IV) 40 acres in the SE\1/4\ of the SE\1/4\.

       (xxxv) 133.44 acres in T. 27 N., R. 22 E., sec. 4, 
     comprised of--

       (I) 28.09 acres in lot 5;
       (II) 25.35 acres in lot 6;
       (III) 40 acres in lot 10; and
       (IV) 40 acres in lot 15.

       (xxxvi) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised 
     of--

       (I) 40 acres in the NE\1/4\ of the NE\1/4\;
       (II) 40 acres in the NW\1/4\ of the SW\1/4\; and
       (III) 80 acres in the W\1/2\ of the NW\1/4\.

       (xxxvii) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NW\1/4\; and
       (II) 40 acres in the NE\1/4\ of the SW\1/4\.

       (xxxviii) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 27 
     N., R. 22 E., sec. 9.
       (xxxix) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 27 N., 
     R. 22 E., sec. 17.
       (xl) 40 acres in the NW\1/4\ of the NW\1/4\ of T. 27 N., R. 
     22 E., sec. 19.
       (xli) 40 acres in the SE\1/4\ of the NW\1/4\ of T. 27 N., 
     R22 E., sec. 20.
       (xlii) 80 acres in the W\1/2\ of the SE\1/4\ of T. 27 N., 
     R. 22 E., sec. 31.
       (xliii) 52.36 acres in the SE\1/4\ of the SE\1/4\ of T. 27 
     N., R. 22 E., sec. 33.
       (xliv) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 28 N., 
     R. 22 E., sec. 29.
       (xlv) 40 acres in the NE\1/4\ of the NE\1/4\ of T. 26 N., 
     R. 21 E., sec. 7.
       (xlvi) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 26 N., 
     R. 21 E., sec. 12.
       (xlvii) 42.38 acres in the NW\1/4\ of the NE\1/4\ of T. 26 
     N., R. 22 E., sec. 6.
       (xlviii) 320 acres in the E\1/2\ of T. 26 N., R. 22 E., 
     sec. 17.
       (xlix) 80 acres in the E\1/2\ of the NE\1/4\ of T. 26 N., 
     R. 22 E., sec. 20.
       (l) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NE\1/4\;
       (II) 80 acres in the N\1/2\ of the SE\1/4\;
       (III) 40 acres in the SE\1/4\ of the NW\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the NE\1/4\.

       (B) Bureau of indian affairs.--The parcels of approximately 
     3,519.3 acres of trust land that have been converted to fee 
     land, judicially foreclosed on, acquired by the Department of 
     Agriculture, and transferred to the Bureau of Indian Affairs, 
     described in clauses (i) through (iii).
       (i) Parcel 1.--The land described in this clause is 640 
     acres in T. 29 N., R. 26 E., comprised of--

       (I) 160 acres in the SW\1/4\ of sec. 27;
       (II) 160 acres in the NE\1/4\ of sec. 33; and
       (III) 320 acres in the W\1/2\ of sec. 34.

       (ii) Parcel 2.--The land described in this clause is 320 
     acres in the N\1/2\ of T. 30 N., R. 23 E., sec. 28.
       (iii) Parcel 3.--The land described in this clause is 
     2,559.3 acres, comprised of--

       (I) T. 28 N., R. 24 E., including--

       (aa) of sec. 16--
       (AA) 5 acres in the E\1/2\, W\1/2\, E\1/2\, W\1/2\, W\1/2\, 
     NE\1/4\;
       (BB) 10 acres in the E\1/2\ , E\1/2\, W\1/2\, W\1/2\, NE\1/
     4\;
       (CC) 40 acres in the E\1/2\, W\1/2\, NE\1/4\;
       (DD) 40 acres in the W\1/2\, E\1/2\, NE\1/4\;
       (EE) 20 acres in the W\1/2\, E\1/2\, E\1/2\, NE\1/4\;
       (FF) 5 acres in the W\1/2\, W\1/2\, E\1/2\, E\1/2\, E\1/2\, 
     NE\1/4\; and
       (GG) 160 acres in the SE\1/4\;
       (bb) 640 acres in sec. 21;
       (cc) 320 acres in the S\1/2\ of sec. 22; and
       (dd) 320 acres in the W\1/2\ of sec. 27;

       (II) T. 29 N., R. 25 E., PMM, including--

       (aa) 320 acres in the S\1/2\ of sec. 1; and
       (bb) 320 acres in the N\1/2\ of sec. 12;

       (III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2;
       (IV) T. 30 N., R. 26 E., PMM, including--

       (aa) 39.4 acres in sec. 3, lot 2;
       (bb) 40 acres in the SW\1/4\ of the SW\1/4\ of sec. 4;
       (cc) 80 acres in the E\1/2\ of the SE\1/4\ of sec. 5;
       (dd) 80 acres in the S\1/2\ of the SE\1/4\ of sec. 7; and
       (ee) 40 acres in the N\1/2\, N\1/2\, NE\1/4\ of sec. 18; 
     and

       (V) 40 acres in T. 31 N., R. 26 E., PMM, the NW\1/4\ of the 
     SE\1/4\ of sec. 31.

       (3) Terms and conditions.--
       (A) Existing authorizations.--
       (i) In general.--Federal land transferred under this 
     subsection shall be conveyed and taken into trust subject to 
     valid existing rights, contracts, leases, permits, and 
     rights-of-way, unless the holder of the right, contract, 
     lease, permit, and rights-of-way requests an earlier 
     termination in accordance with existing law.
       (ii) Assumption by bureau of indian affairs.--The Bureau of 
     Indian Affairs shall--

       (I) assume all benefits and obligations of the previous 
     land management agency under the existing rights, contracts, 
     leases, permits, and rights-of-way described in clause (i); 
     and
       (II) disburse to the Fort Belknap Indian Community any 
     amounts that accrue to the United States from those rights, 
     contracts,

[[Page S3784]]

     leases, permits, and rights-of-ways after the date of 
     transfer from any sale, bonus, royalty, or rental relating to 
     that land in the same manner as amounts received from other 
     land held by the Secretary in trust for the Fort Belknap 
     Indian Community.

       (B) Personal property.--
       (i) In general.--Any improvements constituting personal 
     property, as defined by State law, belonging to the holder of 
     a right, contract, lease, permit, or right-of-way on land 
     transferred under this subsection shall--

       (I) remain the property of the holder; and
       (II) be removed from the land not later than 90 days after 
     the date on which the right, contract, lease, permit, or 
     right-of-way expires, unless the Fort Belknap Indian 
     Community and the holder agree otherwise.

       (ii) Remaining property.--Any personal property described 
     in clause (i) remaining with the holder described in that 
     clause beyond the 90-day period described in subclause (II) 
     of that clause shall--

       (I) become the property of the Fort Belknap Indian 
     Community; and
       (II) be subject to removal and disposition at the 
     discretion of the Fort Belknap Indian Community.

       (iii) Liability of previous holder.--The holder of personal 
     property described in clause (i) shall be liable to the Fort 
     Belknap Indian Community for costs incurred by the Fort 
     Belknap Indian Community in removing and disposing of the 
     property under clause (ii)(II).
       (C) Existing roads.--If any road within the Federal land 
     transferred under this subsection is necessary for customary 
     access to private land, the Bureau of Indian Affairs shall 
     offer the owner of the private land to apply for a right-of-
     way along the existing road, at the expense of the landowner.
       (D) Limitation on the transfer of water rights.--Water 
     rights that transfer with the land described in paragraph (2) 
     shall not become part of the Tribal water rights, unless 
     those rights are recognized and ratified in the Compact.
       (4) Withdrawal of federal land.--
       (A) In general.--Subject to valid existing rights, 
     effective on the date of enactment of this Act, all Federal 
     land within the parcels described in paragraph (2) is 
     withdrawn from all forms of--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (B) Expiration.--The withdrawals pursuant to subparagraph 
     (A) shall terminate on the date that the Secretary takes the 
     land into trust for the benefit of the Fort Belknap Indian 
     Community pursuant to paragraph (1).
       (C) No new reservation of federal water rights.--Nothing in 
     this paragraph establishes a new reservation in favor of the 
     United States or the Fort Belknap Indian Community with 
     respect to any water or water right on the land withdrawn by 
     this paragraph.
       (5) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of Federal land in paragraph (2), 
     the United States may, with the consent of the Fort Belknap 
     Indian Community, make technical corrections to the legal 
     land descriptions to more specifically identify the parcels.
       (6) Survey.--
       (A) In general.--Unless the United States or the Fort 
     Belknap Indian Community request an additional survey for the 
     transferred land or a technical correction is made under 
     paragraph (5), the description of land under this subsection 
     shall be controlling.
       (B) Additional survey.--If the United States or the Fort 
     Belknap Indian Community requests an additional survey, that 
     survey shall control the total acreage to be transferred into 
     trust under this subsection.
       (C) Assistance.--The Secretary shall provide such financial 
     or other assistance as may be necessary--
       (i) to conduct additional surveys under this subsection; 
     and
       (ii) to satisfy administrative requirements necessary to 
     accomplish the land transfers under this subsection.
       (7) Date of transfer.--The Secretary shall complete all 
     land transfers under this subsection and shall take the land 
     into trust for the benefit of the Fort Belknap Indian 
     Community as expeditiously as practicable after the 
     enforceability date, but not later than 10 years after the 
     enforceability date.
       (c) Tribally Owned Fee Land.--Not later than 10 years after 
     the enforceability date, the Secretary shall take into trust 
     for the benefit of the Fort Belknap Indian Community all fee 
     land owned by the Fort Belknap Indian Community on or 
     adjacent to the Reservation to become part of the 
     Reservation, provided that--
       (1) the land is free from any liens, encumbrances, or other 
     infirmities; and
       (2) no evidence exists of any hazardous substances on, or 
     other environmental liability with respect to, the land.
       (d) Dodson Land.--
       (1) In general.--Subject to paragraph (2), as soon as 
     practicable after the enforceability date, but not later than 
     10 years after the enforceability date, the Dodson Land 
     described in paragraph (3) shall be taken into trust by the 
     United States for the benefit of the Fort Belknap Indian 
     Community as part of the Reservation.
       (2) Restrictions.--The land taken into trust under 
     paragraph (1) shall be subject to a perpetual easement, 
     reserved by the United States for use by the Bureau of 
     Reclamation, its contractors, and its assigns for--
       (A) the right of ingress and egress for Milk River Project 
     purposes;
       (B) the right to--
       (i) seep, flood, and overflow the transferred land for Milk 
     River Project purposes;
       (ii) conduct routine and non-routine operation, 
     maintenance, and replacement activities on the Milk River 
     Project facilities, including modification to the headworks 
     at the upstream end of the Dodson South Canal in support of 
     Dodson South Canal enlargement, to include all associated 
     access, construction, and material storage necessary to 
     complete those activities; and
       (iii) prohibit the construction of permanent structures on 
     the transferred land, except--

       (I) as provided in the cooperative agreement under 
     paragraph (4); and
       (II) to meet the requirements of the Milk River Project.

       (3) Description of dodson land.--
       (A) In general.--The Dodson Land referred to in paragraphs 
     (1) and (2) is the approximately 2,500 acres of land owned by 
     the United States that is, as of the date of enactment of 
     this Act, under the jurisdiction of the Bureau of Reclamation 
     and located at the northeastern corner of the Reservation 
     (which extends to the point in the middle of the main channel 
     of the Milk River), where the Milk River Project facilities, 
     including the Dodson Diversion Dam, headworks to the Dodson 
     South Canal, and Dodson South Canal, are located, and more 
     particularly described as follows:
       (i) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 
     and 2.
       (ii) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13.
       (iii) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 
     18, 19, 20, and 29.
       (iv) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 
     26, 27, 35, and 36.
       (B) Clarification.--The supplemental plats described in 
     clauses (i) through (iv) of subparagraph (A) are official 
     plats, as documented by retracement boundary surveys of the 
     General Land Office, approved on March 11, 1938, and on 
     record at the Bureau of Land Management.
       (C) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of Federal land in subparagraph 
     (A), the United States may, with the consent of the Fort 
     Belknap Indian Community, make technical corrections to the 
     legal land descriptions to more specifically identify the 
     parcels to be transferred.
       (4) Cooperative agreement.--Not later than 3 years after 
     the enforceability date, the Bureau of Reclamation, the Malta 
     Irrigation District, the Bureau of Indian Affairs, and the 
     Fort Belknap Indian Community shall negotiate and enter into 
     a cooperative agreement that identifies the uses to which the 
     Fort Belknap Indian Community may put the land described in 
     paragraph (3), provided that the cooperative agreement may be 
     amended by mutual agreement of the Fort Belknap Indian 
     Community, Bureau of Reclamation, the Malta Irrigation 
     District, and the Bureau of Indian Affairs, including to 
     modify the perpetual easement to narrow the boundaries of the 
     easement or to terminate the perpetual easement and 
     cooperative agreement.
       (e) Land Status.--All land held in trust by the United 
     States for the benefit of the Fort Belknap Indian Community 
     under this section shall be--
       (1) beneficially owned by the Fort Belknap Indian 
     Community; and
       (2) part of the Reservation and administered in accordance 
     with the laws and regulations generally applicable to land 
     held in trust by the United States for the benefit of an 
     Indian Tribe.

     SEC. 11007. STORAGE ALLOCATION FROM LAKE ELWELL.

       (a) Storage Allocation of Water to Fort Belknap Indian 
     Community.--The Secretary shall allocate to the Fort Belknap 
     Indian Community 20,000 acre-feet per year of water stored in 
     Lake Elwell for use by the Fort Belknap Indian Community for 
     any beneficial purpose on or off the Reservation, under a 
     water right held by the United States and managed by the 
     Bureau of Reclamation for the benefit of the Fort Belknap 
     Indian Community, as measured and diverted at the outlet 
     works of the Tiber Dam or through direct pumping from Lake 
     Elwell.
       (b) Treatment.--
       (1) In general.--The allocation to the Fort Belknap Indian 
     Community under subsection (a) shall be considered to be part 
     of the Tribal water rights.
       (2) Priority date.--The priority date of the allocation to 
     the Fort Belknap Indian Community under subsection (a) shall 
     be the priority date of the Lake Elwell water right held by 
     the Bureau of Reclamation.
       (3) Administration.--The Fort Belknap Indian Community 
     shall administer the water allocated under subsection (a) in 
     accordance with the Compact and this division.
       (c) Allocation Agreement.--
       (1) In general.--As a condition of receiving the allocation 
     under this section, the Fort Belknap Indian Community shall 
     enter into an agreement with the Secretary to establish the 
     terms and conditions of the allocation, in accordance with 
     the Compact and this division.
       (2) Inclusions.--The agreement under paragraph (1) shall 
     include provisions establishing that--

[[Page S3785]]

       (A) the agreement shall be without limit as to term;
       (B) the Fort Belknap Indian Community, and not the United 
     States, shall be entitled to all consideration due to the 
     Fort Belknap Indian Community under any lease, contract, 
     exchange, or agreement entered into by the Fort Belknap 
     Indian Community pursuant to subsection (d);
       (C) the United States shall have no obligation to monitor, 
     administer, or account for--
       (i) any funds received by the Fort Belknap Indian Community 
     as consideration under any lease, contract, exchange, or 
     agreement entered into by the Fort Belknap Indian Community 
     pursuant to subsection (d); or
       (ii) the expenditure of those funds;
       (D) if the capacity or function of Lake Elwell facilities 
     are significantly reduced, or are anticipated to be 
     significantly reduced, for an extended period of time, the 
     Fort Belknap Indian Community shall have the same storage 
     rights as other storage contractors with respect to the 
     allocation under this section;
       (E) the costs associated with the construction of the 
     storage facilities at Tiber Dam allocable to the Fort Belknap 
     Indian Community shall be nonreimbursable;
       (F) no water service capital charge shall be due or payable 
     for any water allocated to the Fort Belknap Indian Community 
     under this section or the allocation agreement, regardless of 
     whether that water is delivered for use by the Fort Belknap 
     Indian Community or under a lease, contract, exchange, or by 
     agreement entered into by the Fort Belknap Indian Community 
     pursuant to subsection (d);
       (G) the Fort Belknap Indian Community shall not be required 
     to make payments to the United States for any water allocated 
     to the Fort Belknap Indian Community under this section or 
     the allocation agreement, except for each acre-foot of stored 
     water leased or transferred for industrial purposes as 
     described in subparagraph (H); and
       (H) for each acre-foot of stored water leased or 
     transferred by the Fort Belknap Indian Community for 
     industrial purposes--
       (i) the Fort Belknap Indian Community shall pay annually to 
     the United States an amount necessary to cover the 
     proportional share of the annual operations, maintenance, and 
     replacement costs allocable to the quantity of water leased 
     or transferred by the Fort Belknap Indian Community for 
     industrial purposes; and
       (ii) the annual payments of the Fort Belknap Indian 
     Community shall be reviewed and adjusted, as appropriate, to 
     reflect the actual operations, maintenance, and replacement 
     costs for Tiber Dam.
       (d) Agreement by Fort Belknap Indian Community.--The Fort 
     Belknap Indian Community may use, lease, contract, exchange, 
     or enter into other agreements for the use of the water 
     allocated to the Fort Belknap Indian Community under 
     subsection (a) if--
       (1) the use of water that is the subject of such an 
     agreement occurs within the Missouri River Basin; and
       (2) the agreement does not permanently alienate any water 
     allocated to the Fort Belknap Indian Community under that 
     subsection.
       (e) Effective Date.--The allocation under subsection (a) 
     takes effect on the enforceability date.
       (f) No Carryover Storage.--The allocation under subsection 
     (a) shall not be increased by any year-to-year carryover 
     storage.
       (g) Development and Delivery Costs.--The United States 
     shall not be required to pay the cost of developing or 
     delivering any water allocated under this section.

     SEC. 11008. MILK RIVER PROJECT MITIGATION.

       (a) In General.--In complete satisfaction of the Milk River 
     Project mitigation requirements provided for in Article VI.B. 
     of the Compact, the Secretary, acting through the 
     Commissioner--
       (1) in cooperation with the State and the Blackfeet Tribe, 
     shall carry out appropriate activities concerning the 
     restoration of the St. Mary Canal and associated facilities, 
     including activities relating to the--
       (A) planning and design to restore the St. Mary Canal and 
     appurtenances to convey 850 cubic-feet per second; and
       (B) rehabilitating, constructing, and repairing of the St. 
     Mary Canal and appurtenances; and
       (2) in cooperation with the State and the Fort Belknap 
     Indian Community, shall carry out appropriate activities 
     concerning the enlargement of Dodson South Canal and 
     associated facilities, including activities relating to the--
       (A) planning and design to enlarge Dodson South Canal and 
     headworks at the upstream end of Dodson South Canal to divert 
     and convey 700 cubic-feet per second; and
       (B) rehabilitating, constructing, and enlarging the Dodson 
     South Canal and headworks at the upstream end of Dodson South 
     Canal to divert and convey 700 cubic-feet per second.
       (b) Funding.--The total amount of obligations incurred by 
     the Secretary, prior to any adjustments provided for in 
     section 11014(b), shall not exceed $300,000,000 to carry out 
     activities described in subsection (c)(1).
       (c) Satisfaction of Mitigation Requirement.--
     Notwithstanding any provision of the Compact, the mitigation 
     required by Article VI.B. of the Compact shall be deemed 
     satisfied if--
       (1) the Secretary has--
       (A) restored the St. Mary Canal and associated facilities 
     to convey 850 cubic-feet per second; and
       (B) enlarged the Dodson South Canal and headworks at the 
     upstream end of Dodson South Canal to divert and convey 700 
     cubic-feet per second; or
       (2) the Secretary--
       (A) has expended all of the available funding provided 
     pursuant to section 11014(a)(1)(D) to rehabilitate the St. 
     Mary Canal and enlarge the Dodson South Canal; and
       (B) despite diligent efforts, could not complete the 
     activities described in subsection (a).
       (d) Nonreimbursability of Costs.--The costs to the 
     Secretary of carrying out this section shall be 
     nonreimbursable.

     SEC. 11009. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary shall rehabilitate, modernize, 
     and expand the Fort Belknap Indian Irrigation Project, as 
     generally described in the document of Natural Resources 
     Consulting Engineers, Inc., entitled ``Fort Belknap Indian 
     Community Comprehensive Water Development Plan'' and dated 
     February 2019, which shall include--
       (1) planning, studies, and designing of the existing and 
     expanded Milk River unit, including the irrigation system, 
     Pumping Plant, delivery pipe and canal, Fort Belknap Dam and 
     Reservoir, and Peoples Creek Flood Protection Project;
       (2) the rehabilitation, modernization, and construction of 
     the existing Milk River unit; and
       (3) construction of the expanded Milk River unit, including 
     the irrigation system, Pumping Plant, delivery pipe and 
     canal, Fort Belknap Dam and Reservoir, and Peoples Creek 
     Flood Protection Project.
       (b) Lead Agency.--The Bureau of Indian Affairs, in 
     coordination with the Bureau of Reclamation, shall serve as 
     the lead agency with respect to any activities carried out 
     under this section.
       (c) Consultation With the Fort Belknap Indian Community.--
     The Secretary shall consult with the Fort Belknap Indian 
     Community on appropriate changes to the final design and 
     costs of any activity under this section.
       (d) Funding.--The total amount of obligations incurred by 
     the Secretary in carrying out this section, prior to any 
     adjustment provided for in section 11014(b), shall not exceed 
     $415,832,153.
       (e) Nonreimbursability of Costs.--All costs incurred by the 
     Secretary in carrying out this section shall be 
     nonreimbursable.
       (f) Administration.--The Secretary and the Fort Belknap 
     Indian Community shall negotiate the cost of any oversight 
     activity carried out by the Bureau of Indian Affairs or the 
     Bureau of Reclamation under any agreement entered into under 
     subsection (j), subject to the condition that the total cost 
     for the oversight shall not exceed 3 percent of the total 
     project costs for each project.
       (g) Project Management Committee.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary shall 
     facilitate the formation of a project management committee 
     composed of representatives of the Bureau of Indian Affairs, 
     the Bureau of Reclamation, and the Fort Belknap Indian 
     Community--
       (1) to review and make recommendations relating to cost 
     factors, budgets, and implementing the activities for 
     rehabilitating, modernizing, and expanding the Fort Belknap 
     Indian Irrigation Project; and
       (2) to improve management of inherently governmental 
     activities through enhanced communication.
       (h) Project Efficiencies.--If the total cost of planning, 
     studies, design, rehabilitation, modernization, and 
     construction activities relating to the projects described in 
     subsection (a) results in cost savings and is less than the 
     amounts authorized to be obligated, the Secretary, at the 
     request of the Fort Belknap Indian Community, shall deposit 
     those savings in the Fort Belknap Indian Community Water 
     Resources and Water Rights Administration, Operation, and 
     Maintenance Account established under section 11012(b)(2).
       (i) Treatment.--Any activities carried out pursuant to this 
     section that result in improvements, additions, or 
     modifications to the Fort Belknap Indian Irrigation Project 
     shall--
       (1) become a part of the Fort Belknap Indian Irrigation 
     Project; and
       (2) be recorded in the inventory of the Secretary relating 
     to the Fort Belknap Indian Irrigation Project.
       (j) Applicability of ISDEAA.--At the request of the Fort 
     Belknap Indian Community, and in accordance with the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5301 et seq.), the Secretary shall enter into agreements with 
     the Fort Belknap Indian Community to carry out all or a 
     portion of this section.
       (k) Effect.--Nothing in this section--
       (1) alters any applicable law under which the Bureau of 
     Indian Affairs collects assessments or carries out the 
     operations and maintenance of the Fort Belknap Indian 
     Irrigation Project; or
       (2) impacts the availability of amounts under section 
     11014.
       (l) Satisfaction of Fort Belknap Indian Irrigation Project 
     System Requirement.--The obligations of the Secretary under 
     subsection (a) shall be deemed satisfied if the Secretary--
       (1) has rehabilitated, modernized, and expanded the Fort 
     Belknap Indian Irrigation Project in accordance with 
     subsection (a); or

[[Page S3786]]

       (2)(A) has expended all of the available funding provided 
     pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 
     11014(a); and
       (B) despite diligent efforts, could not complete the 
     activities described in subsection (a).

     SEC. 11010. SATISFACTION OF CLAIMS.

       (a) In General.--The benefits provided under this division 
     shall be in complete replacement of, complete substitution 
     for, and full satisfaction of any claim of the Fort Belknap 
     Indian Community against the United States that is waived and 
     released by the Fort Belknap Indian Community under section 
     11011(a).
       (b) Allottees.--The benefits realized by the allottees 
     under this division shall be in complete replacement of, 
     complete substitution for, and full satisfaction of--
       (1) all claims waived and released by the United States 
     (acting as trustee for the allottees) under section 
     11011(a)(2); and
       (2) any claims of the allottees against the United States 
     similar to the claims described in section 11011(a)(2) that 
     the allottee asserted or could have asserted.

     SEC. 11011. WAIVERS AND RELEASES OF CLAIMS.

       (a) In General.--
       (1) Waiver and release of claims by the fort belknap indian 
     community and united states as trustee for the fort belknap 
     indian community.--Subject to the reservation of rights and 
     retention of claims under subsection (d), as consideration 
     for recognition of the Tribal water rights and other benefits 
     described in the Compact and this division, the Fort Belknap 
     Indian Community, acting on behalf of the Fort Belknap Indian 
     Community and members of the Fort Belknap Indian Community 
     (but not any member of the Fort Belknap Indian Community as 
     an allottee), and the United States, acting as trustee for 
     the Fort Belknap Indian Community and the members of the Fort 
     Belknap Indian Community (but not any member of the Fort 
     Belknap Indian Community as an allottee), shall execute a 
     waiver and release of all claims for water rights within the 
     State that the Fort Belknap Indian Community, or the United 
     States acting as trustee for the Fort Belknap Indian 
     Community, asserted or could have asserted in any proceeding, 
     including a State stream adjudication, on or before the 
     enforceability date, except to the extent that such rights 
     are recognized in the Compact and this division.
       (2) Waiver and release of claims by the united states as 
     trustee for allottees.--Subject to the reservation of rights 
     and the retention of claims under subsection (d), as 
     consideration for recognition of the Tribal water rights and 
     other benefits described in the Compact and this division, 
     the United States, acting as trustee for the allottees, shall 
     execute a waiver and release of all claims for water rights 
     within the Reservation that the United States, acting as 
     trustee for the allottees, asserted or could have asserted in 
     any proceeding, including a State stream adjudication, on or 
     before the enforceability date, except to the extent that 
     such rights are recognized in the Compact and this division.
       (3) Waiver and release of claims by the fort belknap indian 
     community against the united states.--Subject to the 
     reservation of rights and retention of claims under 
     subsection (d), the Fort Belknap Indian Community, acting on 
     behalf of the Fort Belknap Indian Community and members of 
     the Fort Belknap Indian Community (but not any member of the 
     Fort Belknap Indian Community as an allottee), shall execute 
     a waiver and release of all claims against the United States 
     (including any agency or employee of the United States)--
       (A) first arising before the enforceability date relating 
     to--
       (i) water rights within the State that the United States, 
     acting as trustee for the Fort Belknap Indian Community, 
     asserted or could have asserted in any proceeding, including 
     a general stream adjudication in the State, except to the 
     extent that such rights are recognized as Tribal water rights 
     under this division;
       (ii) foregone benefits from nontribal use of water, on and 
     off the Reservation (including water from all sources and for 
     all uses);
       (iii) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights, 
     including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion of, 
     or taking of water, or claims relating to a failure to 
     protect, acquire, replace, or develop water, water rights, or 
     water infrastructure) within the State;
       (iv) a failure to establish or provide a municipal rural or 
     industrial water delivery system on the Reservation;
       (v) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of the Fort Belknap Indian Irrigation Project and 
     other Federal land and facilities (including damages, losses, 
     or injuries to Tribal fisheries, fish habitat, wildlife, and 
     wildlife habitat);
       (vi) a failure to provide for operation and maintenance, or 
     deferred maintenance, for the Fort Belknap Indian Irrigation 
     Project or any other irrigation system or irrigation project;
       (vii) the litigation of claims relating to any water rights 
     of the Fort Belknap Indian Community in the State;
       (viii) the negotiation, execution, or adoption of the 
     Compact (including appendices) and this division;
       (ix) the taking or acquisition of land or resources of the 
     Fort Belknap Indian Community for the construction or 
     operation of the Fort Belknap Indian Irrigation Project or 
     the Milk River Project; and
       (x) the allocation of water of the Milk River and the St. 
     Mary River (including tributaries) between the United States 
     and Canada pursuant to the International Boundary Waters 
     Treaty of 1909 (36 Stat. 2448); and
       (B) relating to damage, loss, or injury to water, water 
     rights, land, or natural resources due to mining activities 
     in the Little Rockies Mountains prior to the date of trust 
     acquisition, including damages, losses, or injuries to 
     hunting, fishing, gathering, or cultural rights.
       (b) Effectiveness.--The waivers and releases under 
     subsection (a) shall take effect on the enforceability date.
       (c) Objections in Montana Water Court.--Nothing in this 
     division or the Compact prohibits the Fort Belknap Indian 
     Community, a member of the Fort Belknap Indian Community, an 
     allottee, or the United States in any capacity from objecting 
     to any claim to a water right filed in any general stream 
     adjudication in the Montana Water Court.
       (d) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsection 
     (a), the Fort Belknap Indian Community, acting on behalf of 
     the Fort Belknap Indian Community and members of the Fort 
     Belknap Indian Community, and the United States, acting as 
     trustee for the Fort Belknap Indian Community and the 
     allottees shall retain--
       (1) all claims relating to--
       (A) the enforcement of water rights recognized under the 
     Compact, any final court decree relating to those water 
     rights, or this division or to water rights accruing on or 
     after the enforceability date;
       (B) the quality of water under--
       (i) CERCLA, including damages to natural resources;
       (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (iii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.); and
       (iv) any regulations implementing the Acts described in 
     clauses (i) through (iii);
       (C) damage, loss, or injury to land or natural resources 
     that are--
       (i) not due to loss of water or water rights (including 
     hunting, fishing, gathering, or cultural rights); and
       (ii) not described in subsection (a)(3); and
       (D) an action to prevent any person or party (as defined in 
     sections 29 and 30 of Article II of the Compact) from 
     interfering with the enjoyment of the Tribal water rights;
       (2) all claims relating to off-Reservation hunting rights, 
     fishing rights, gathering rights, or other rights;
       (3) all claims relating to the right to use and protect 
     water rights acquired after the date of enactment of this 
     Act;
       (4) all claims relating to the allocation of waters of the 
     Milk River and the Milk River Project between the Fort 
     Belknap Indian Community and the Blackfeet Tribe, pursuant to 
     section 3705(e)(3) of the Blackfeet Water Rights Settlement 
     Act (Public Law 114-322; 130 Stat. 1818);
       (5) all claims relating to the enforcement of this 
     division, including the required transfer of land under 
     section 11006; and
       (6) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to this 
     division or the Compact.
       (e) Effect of Compact and Division.--Nothing in the Compact 
     or this division--
       (1) affects the authority of the Fort Belknap Indian 
     Community to enforce the laws of the Fort Belknap Indian 
     Community, including with respect to environmental 
     protections;
       (2) affects the ability of the United States, acting as 
     sovereign, to carry out any activity authorized by law, 
     including--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) CERCLA; and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (3) affects the ability of the United States to act as 
     trustee for any other Indian Tribe or an allottee of any 
     other Indian Tribe;
       (4) confers jurisdiction on any State court--
       (A) to interpret Federal law relating to health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party under Federal law relating to health, safety, or 
     the environment; or
       (C) to conduct judicial review of any Federal agency 
     action;
       (5) waives any claim of a member of the Fort Belknap Indian 
     Community in an individual capacity that does not derive from 
     a right of the Fort Belknap Indian Community;
       (6) revives any claim adjudicated in the decision in Gros 
     Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); 
     or
       (7) revives any claim released by an allottee or member of 
     the Fort Belknap Indian Community in the settlement in Cobell 
     v. Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
       (f) Enforceability Date.--The enforceability date shall be 
     the date on which the Secretary publishes in the Federal 
     Register a statement of findings that--
       (1) the eligible members of the Fort Belknap Indian 
     Community have voted to

[[Page S3787]]

     approve this division and the Compact by a majority of votes 
     cast on the day of the vote;
       (2)(A) the Montana Water Court has approved the Compact in 
     a manner from which no further appeal may be taken; or
       (B) if the Montana Water Court is found to lack 
     jurisdiction, the appropriate district court of the United 
     States has approved the Compact as a consent decree from 
     which no further appeal may be taken;
       (3) all of the amounts authorized to be appropriated under 
     section 11014 have been appropriated and deposited in the 
     designated accounts;
       (4) the Secretary and the Fort Belknap Indian Community 
     have executed the allocation agreement described in section 
     11007(c)(1);
       (5) the State has provided the required funding into the 
     Fort Belknap Indian Community Tribal Irrigation and Other 
     Water Resources Development Account of the Trust Fund 
     pursuant to section 11014(a)(3); and
       (6) the waivers and releases under subsection (a) have been 
     executed by the Fort Belknap Indian Community and the 
     Secretary.
       (g) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the 
     enforceability date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitations or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (h) Expiration.--
       (1) In general.--This division shall expire in any case in 
     which--
       (A) the amounts authorized to be appropriated by this 
     division have not been made available to the Secretary by not 
     later than--
       (i) January 21, 2034; and
       (ii) such alternative later date as is agreed to by the 
     Fort Belknap Indian Community and the Secretary; or
       (B) the Secretary fails to publish a statement of findings 
     under subsection (f) by not later than--
       (i) January 21, 2035; and
       (ii) such alternative later date as is agreed to by the 
     Fort Belknap Indian Community and the Secretary, after 
     providing reasonable notice to the State.
       (2) Consequences.--If this division expires under paragraph 
     (1)--
       (A) the waivers and releases under subsection (a) shall--
       (i) expire; and
       (ii) have no further force or effect;
       (B) the authorization, ratification, confirmation, and 
     execution of the Compact under section 11004 shall no longer 
     be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into, pursuant to this division 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     division, together with any interest earned on those funds, 
     and any water rights or contracts to use water and title to 
     other property acquired or constructed with Federal funds 
     appropriated or made available to carry out the activities 
     authorized by this division shall be returned to the Federal 
     Government, unless otherwise agreed to by the Fort Belknap 
     Indian Community and the United States and approved by 
     Congress; and
       (E) except for Federal funds used to acquire or construct 
     property that is returned to the Federal Government under 
     subparagraph (D), the United States shall be entitled to 
     offset any Federal funds made available to carry out this 
     division that were expended or withdrawn, or any funds made 
     available to carry out this division from other Federal 
     authorized sources, together with any interest accrued on 
     those funds, against any claims against the United States--
       (i) relating to--

       (I) water rights in the State asserted by--

       (aa) the Fort Belknap Indian Community; or
       (bb) any user of the Tribal water rights; or

       (II) any other matter described in subsection (a)(3); or

       (ii) in any future settlement of water rights of the Fort 
     Belknap Indian Community or an allottee.

     SEC. 11012. AANIIIH NAKODA SETTLEMENT TRUST FUND.

       (a) Establishment.--The Secretary shall establish a trust 
     fund for the Fort Belknap Indian Community, to be known as 
     the ``Aaniiih Nakoda Settlement Trust Fund'', to be managed, 
     invested, and distributed by the Secretary and to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury, consisting of the amounts 
     deposited in the Trust Fund under subsection (c), together 
     with any investment earnings, including interest, earned on 
     those amounts, for the purpose of carrying out this division.
       (b) Accounts.--The Secretary shall establish in the Trust 
     Fund the following accounts:
       (1) The Fort Belknap Indian Community Tribal Irrigation and 
     Other Water Resources Development Account.
       (2) The Fort Belknap Indian Community Water Resources and 
     Water Rights Administration, Operation, and Maintenance 
     Account.
       (3) The Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Fort Belknap Indian Community Tribal Irrigation 
     and Other Water Resources Development Account established 
     under subsection (b)(1), the amounts made available pursuant 
     to paragraphs (1)(A) and (2)(A)(i) of section 11014(a);
       (2) in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account established under subsection (b)(2), the amounts made 
     available pursuant to section 11014(a)(2)(A)(ii); and
       (3) in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account established under subsection (b)(3), the amounts made 
     available pursuant to paragraphs (1)(B) and (2)(A)(iii) of 
     section 11014(a).
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of the funds into 
     the accounts in the Trust Fund pursuant to subsection (c), 
     the Secretary shall manage, invest, and distribute all 
     amounts in the Trust Fund in accordance with the investment 
     authority of the Secretary under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this section.
       (2) Investment earnings.--In addition to the amounts 
     deposited under subsection (c), any investment earnings, 
     including interest, credited to amounts held in the Trust 
     Fund shall be available for use in accordance with 
     subsections (e) and (g).
       (e) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     the Trust Fund, including any investment earnings, including 
     interest, earned on those amounts shall be made available--
       (A) to the Fort Belknap Indian Community by the Secretary 
     beginning on the enforceability date; and
       (B) subject to the uses and restrictions in this section.
       (2) Exceptions.--Notwithstanding paragraph (1)--
       (A) amounts deposited in the Fort Belknap Indian Community 
     Tribal Irrigation and Other Water Resources Development 
     Account established under subsection (b)(1) shall be 
     available to the Fort Belknap Indian Community on the date on 
     which the amounts are deposited for uses described in 
     subparagraph (A) and (B) of subsection (g)(1);
       (B) amounts deposited in the Fort Belknap Indian Community 
     Water Resources and Water Rights Administration, Operation, 
     and Maintenance Account established under subsection (b)(2) 
     shall be made available to the Fort Belknap Indian Community 
     on the date on which the amounts are deposited and the Fort 
     Belknap Indian Community has satisfied the requirements of 
     section 11011(f)(1), for the uses described in subsection 
     (g)(2)(A); and
       (C) amounts deposited in the Fort Belknap Indian Community 
     Clean and Safe Domestic Water and Sewer Systems, and Lake 
     Elwell Project Account established under subsection (b)(3) 
     shall be available to the Fort Belknap Indian Community on 
     the date on which the amounts are deposited for the uses 
     described in subsection (g)(3)(A).
       (f) Withdrawals.--
       (1) American indian trust fund management reform act of 
     1994.--
       (A) In general.--The Fort Belknap Indian Community may 
     withdraw any portion of the funds in the Trust Fund on 
     approval by the Secretary of a Tribal management plan 
     submitted by the Fort Belknap Indian Community in accordance 
     with the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this paragraph shall require that the Fort Belknap Indian 
     Community spend all amounts withdrawn from the Trust Fund, 
     and any investment earnings accrued through the investments 
     under the Tribal management plan, in accordance with this 
     division.
       (C) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary--
       (i) to enforce the Tribal management plan; and
       (ii) to ensure that amounts withdrawn from the Trust Fund 
     by the Fort Belknap Indian Community under this paragraph are 
     used in accordance with this division.
       (2) Withdrawals under expenditure plan.--
       (A) In general.--The Fort Belknap Indian Community may 
     submit to the Secretary a request to withdraw funds from the 
     Trust Fund pursuant to an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this paragraph, the Fort Belknap 
     Indian Community shall submit to the Secretary for approval 
     an expenditure plan for any portion of the Trust Fund that 
     the Fort Belknap Indian Community elects to withdraw pursuant 
     to this paragraph, subject to the condition that the funds 
     shall be used for the purposes described in this division.

[[Page S3788]]

       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Trust 
     Fund will be used by the Fort Belknap Indian Community in 
     accordance with subsections (e) and (g).
       (D) Approval.--On receipt of an expenditure plan under this 
     paragraph, the Secretary shall approve the expenditure plan 
     if the Secretary determines that the expenditure plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this division.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan under this paragraph 
     to ensure that amounts disbursed under this paragraph are 
     used in accordance with this division.
       (g) Uses.--Amounts from the Trust Fund shall be used by the 
     Fort Belknap Indian Community for the following purposes:
       (1) Fort belknap indian community tribal irrigation and 
     other water resources development account.--Amounts in the 
     Fort Belknap Indian Community Tribal Irrigation and Other 
     Water Resources Development Account established under 
     subsection (b)(1) shall be used to pay the cost of activities 
     relating to--
       (A) planning, studies, and design of the Southern Tributary 
     Irrigation Project and the Peoples Creek Irrigation Project, 
     including the Upper Peoples Creek Dam and Reservoir, as 
     generally described in the document of Natural Resources 
     Consulting Engineers, Inc., entitled ``Fort Belknap Indian 
     Community Comprehensive Water Development Plan'' and dated 
     February 2019;
       (B) environmental compliance;
       (C) construction of the Southern Tributary Irrigation 
     Project and the Peoples Creek Irrigation Project, including 
     the Upper Peoples Creek Dam and Reservoir;
       (D) wetlands restoration and development;
       (E) stock watering infrastructure; and
       (F) on farm development support and reacquisition of fee 
     lands within the Fort Belknap Indian Irrigation Project and 
     Fort Belknap Indian Community irrigation projects within the 
     Reservation.
       (2) Fort belknap indian community water resources and water 
     rights administration, operation, and maintenance account.--
     Amounts in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account established under subsection (b)(2), the principal 
     and investment earnings, including interest, may only be used 
     by the Fort Belknap Indian Community to pay the costs of 
     activities described in subparagraphs (A) through (C) as 
     follows:
       (A) $9,000,000 shall be used for the establishment, 
     operation, and capital expenditures in connection with the 
     administration of the Tribal water resources and water rights 
     development, including the development or enactment of a 
     Tribal water code.
       (B) Only investment earnings, including interest, on 
     $29,299,059 shall be used and be available to pay the costs 
     of activities for administration, operations, and regulation 
     of the Tribal water resources and water rights department, in 
     accordance with the Compact and this division.
       (C) Only investment earnings, including interest, on 
     $28,331,693 shall be used and be available to pay the costs 
     of activities relating to a portion of the annual assessment 
     costs for the Fort Belknap Indian Community and Tribal 
     members, including allottees, under the Fort Belknap Indian 
     Irrigation Project and Fort Belknap Indian Community 
     irrigation projects within the Reservation.
       (3) Fort belknap indian community clean and safe domestic 
     water and sewer systems, and lake elwell project account.--
     Amounts in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account established under subsection (b)(3), the principal 
     and investment earnings, including interest, may only be used 
     by the Fort Belknap Indian Community to pay the costs of 
     activities relating to--
       (A) planning, studies, design, and environmental compliance 
     of domestic water supply, and sewer collection and treatment 
     systems, as generally described in the document of Natural 
     Resources Consulting Engineers, Inc., entitled ``Fort Belknap 
     Indian Community Comprehensive Water Development Plan'' and 
     dated February 2019, including the Lake Elwell Project water 
     delivery to the southern part of the Reservation;
       (B) construction of domestic water supply, sewer 
     collection, and treatment systems;
       (C) construction, in accordance with applicable law, of 
     infrastructure for delivery of Lake Elwell water diverted 
     from the Missouri River to the southern part of the 
     Reservation; and
       (D) planning, studies, design, environmental compliance, 
     and construction of a Tribal wellness center for a work force 
     health and wellbeing project.
       (h) Liability.--The Secretary shall not be liable for any 
     expenditure or investment of amounts withdrawn from the Trust 
     Fund by the Fort Belknap Indian Community pursuant to 
     subsection (f).
       (i) Project Efficiencies.--If the total cost of the 
     activities described in subsection (g) results in cost 
     savings and is less than the amounts authorized to be 
     obligated under any of paragraphs (1) through (3) of that 
     subsection required to carry out those activities, the 
     Secretary, at the request of the Fort Belknap Indian 
     Community, shall deposit those savings in the Trust Fund to 
     be used in accordance with that subsection.
       (j) Annual Report.--The Fort Belknap Indian Community shall 
     submit to the Secretary an annual expenditure report 
     describing accomplishments and amounts spent from use of 
     withdrawals under a Tribal management plan or an expenditure 
     plan described in this section.
       (k) No Per Capita Payments.--No principal or interest 
     amount in any account established by this section shall be 
     distributed to any member of the Fort Belknap Indian 
     Community on a per capita basis.
       (l) Effect.--Nothing in this division entitles the Fort 
     Belknap Indian Community to judicial review of a 
     determination of the Secretary regarding whether to approve a 
     Tribal management plan under subsection (f)(1) or an 
     expenditure plan under subsection (f)(2), except as provided 
     under subchapter II of chapter 5, and chapter 7, of title 5, 
     United States Code (commonly known as the ``Administrative 
     Procedure Act'').

     SEC. 11013. FORT BELKNAP INDIAN COMMUNITY WATER SETTLEMENT 
                   IMPLEMENTATION FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a non-trust, interest-bearing account to be 
     known as the ``Fort Belknap Indian Community Water Settlement 
     Implementation Fund'', to be managed and distributed by the 
     Secretary, for use by the Secretary for carrying out this 
     division.
       (b) Accounts.--The Secretary shall establish in the 
     Implementation Fund the following accounts:
       (1) The Fort Belknap Indian Irrigation Project System 
     Account.
       (2) The Milk River Project Mitigation Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Fort Belknap Indian Irrigation Project System 
     Account established under subsection (b)(1), the amount made 
     available pursuant to paragraphs (1)(C) and (2)(A)(iv) of 
     section 11014(a); and
       (2) in the Milk River Project Mitigation Account 
     established under subsection (b)(2), the amount made 
     available pursuant to section 11014(a)(1)(D).
       (d) Uses.--
       (1) Fort belknap indian irrigation project system 
     account.--The Fort Belknap Indian Irrigation Project 
     Rehabilitation Account established under subsection (b)(1) 
     shall be used to carry out section 11009, except as provided 
     in subsection (h) of that section.
       (2) Milk river project mitigation account.--The Milk River 
     Project Mitigation Account established under subsection 
     (b)(2) may only be used to carry out section 11008.
       (e) Management.--
       (1) In general.--Amounts in the Implementation Fund shall 
     not be available to the Secretary for expenditure until the 
     enforceability date.
       (2) Exception.--Notwithstanding paragraph (1), amounts 
     deposited in the Fort Belknap Indian Irrigation Project 
     System Account established under subsection (b)(1) shall be 
     available to the Secretary on the date on which the amounts 
     are deposited for uses described in paragraphs (1) and (2) of 
     section 11009(a).
       (f) Interest.--In addition to the deposits under subsection 
     (c), any interest credited to amounts unexpended in the 
     Implementation Fund are authorized to be appropriated to be 
     used in accordance with the uses described in subsection (d).

     SEC. 11014. FUNDING.

       (a) Funding.--
       (1) Authorization of appropriations.--Subject to subsection 
     (b), there are authorized to be appropriated to the 
     Secretary--
       (A) for deposit in the Fort Belknap Indian Community Tribal 
     Irrigation and Other Water Resources Development Account of 
     the Trust Fund established under section 11012(b)(1), 
     $89,643,100, to be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury;
       (B) for deposit in the Fort Belknap Indian Community Clean 
     and Safe Domestic Water and Sewer Systems, and Lake Elwell 
     Project Account of the Trust Fund established under section 
     11012(b)(3), $331,885,220, to be retained until expended, 
     withdrawn, or reverted to the general fund of the Treasury;
       (C) for deposit in the Fort Belknap Indian Irrigation 
     Project System Account of the Implementation Fund established 
     under section 11013(b)(1), such sums as are necessary, but 
     not more than $187,124,469, for the Secretary to carry out 
     section 11009, to be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury; and
       (D) for deposit in the Milk River Project Mitigation 
     Account of the Implementation Fund established under section 
     11013(b)(2), such sums as are necessary, but not more than 
     $300,000,000, for the Secretary to carry out obligations of 
     the Secretary under section 11008, to be retained until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury.
       (2) Mandatory appropriations.--
       (A) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     deposit--
       (i) in the Fort Belknap Indian Community Tribal Irrigation 
     and Other Water Resources Development Account of the Trust 
     Fund established under section 11012(b)(1),

[[Page S3789]]

     $29,881,034, to be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury;
       (ii) in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account of the Trust Fund established under section 
     11012(b)(2), $66,630,752;
       (iii) in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account of the Trust Fund established under section 
     11012(b)(3), $110,628,407; and
       (iv) in the Fort Belknap Indian Irrigation Project System 
     Account of the Implementation Fund established under section 
     11013(b)(1), $228,707,684.
       (B) Availability.--Amounts deposited in the accounts under 
     subparagraph (A) shall be available without further 
     appropriation.
       (3) State cost share.--The State shall contribute 
     $5,000,000, plus any earned interest, payable to the 
     Secretary for deposit in the Fort Belknap Indian Community 
     Tribal Irrigation and Other Water Resources Development 
     Account of the Trust Fund established under section 
     11012(b)(1) on approval of a final decree by the Montana 
     Water Court for the purpose of activities relating to the 
     Upper Peoples Creek Dam and Reservoir under subparagraphs (A) 
     through (C) of section 11012(g)(1).
       (b) Fluctuation in Costs.--
       (1) In general.--The amounts authorized to be appropriated 
     under paragraphs (1) and (2) of subsection (a) and this 
     subsection shall be--
       (A) increased or decreased, as appropriate, by such amounts 
     as may be justified by reason of ordinary fluctuations in 
     costs occurring after the date of enactment of this Act as 
     indicated by the Bureau of Reclamation Construction Cost 
     Index--Composite Trend; and
       (B) adjusted to address construction cost changes necessary 
     to account for unforeseen market volatility that may not 
     otherwise be captured by engineering cost indices as 
     determined by the Secretary, including repricing applicable 
     to the types of construction and current industry standards 
     involved.
       (2) Repetition.--The adjustment process under paragraph (1) 
     shall be repeated for each subsequent amount appropriated 
     until the amount authorized to be appropriated under 
     subsection (a), as adjusted, has been appropriated.
       (3) Period of indexing.--
       (A) Trust fund.--With respect to the Trust Fund, the period 
     of indexing adjustment under paragraph (1) for any increment 
     of funding shall end on the date on which the funds are 
     deposited into the Trust Fund.
       (B) Implementation fund.--With respect to the 
     Implementation Fund, the period of adjustment under paragraph 
     (1) for any increment of funding shall be annually.

     SEC. 11015. MISCELLANEOUS PROVISIONS.

       (a) Waiver of Sovereign Immunity by the United States.--
     Except as provided in subsections (a) through (c) of section 
     208 of the Department of Justice Appropriation Act, 1953 (43 
     U.S.C. 666), nothing in this division waives the sovereign 
     immunity of the United States.
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     division quantifies or diminishes any land or water right, or 
     any claim or entitlement to land or water, of an Indian 
     Tribe, band, or community other than the Fort Belknap Indian 
     Community.
       (c) Elimination of Debts or Liens Against Allotments of the 
     Fort Belknap Indian Community Members Within the Fort Belknap 
     Indian Irrigation Project.--On the date of enactment of this 
     Act, the Secretary shall cancel and eliminate all debts or 
     liens against the allotments of land held by the Fort Belknap 
     Indian Community and the members of the Fort Belknap Indian 
     Community due to construction assessments and annual 
     operation and maintenance charges relating to the Fort 
     Belknap Indian Irrigation Project.
       (d) Effect on Current Law.--Nothing in this division 
     affects any provision of law (including regulations) in 
     effect on the day before the date of enactment of this Act 
     with respect to pre-enforcement review of any Federal 
     environmental enforcement action.
       (e) Effect on Reclamation Laws.--The activities carried out 
     by the Commissioner under this division shall not establish a 
     precedent or impact the authority provided under any other 
     provision of the reclamation laws, including--
       (1) the Reclamation Rural Water Supply Act of 2006 (43 
     U.S.C. 2401 et seq.); and
       (2) the Omnibus Public Land Management Act of 2009 (Public 
     Law 111-11; 123 Stat. 991).
       (f) Additional Funding.--Nothing in this division prohibits 
     the Fort Belknap Indian Community from seeking--
       (1) additional funds for Tribal programs or purposes; or
       (2) funding from the United States or the State based on 
     the status of the Fort Belknap Indian Community as an Indian 
     Tribe.
       (g) Rights Under State Law.--Except as provided in section 
     1 of Article III of the Compact (relating to the closing of 
     certain water basins in the State to new appropriations in 
     accordance with the laws of the State), nothing in this 
     division or the Compact precludes the acquisition or exercise 
     of a right arising under State law (as defined in section 6 
     of Article II of the Compact) to the use of water by the Fort 
     Belknap Indian Community, or a member or allottee of the Fort 
     Belknap Indian Community, outside the Reservation by--
       (1) purchase of the right; or
       (2) submitting to the State an application in accordance 
     with State law.
       (h) Water Storage and Importation.--Nothing in this 
     division or the Compact prevents the Fort Belknap Indian 
     Community from participating in any project to import water 
     to, or to add storage in, the Milk River Basin.

     SEC. 11016. ANTIDEFICIENCY.

       The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this 
     division, including any obligation or activity under the 
     Compact, if--
       (1) adequate appropriations are not provided by Congress 
     expressly to carry out the purposes of this division; or
       (2) there are not enough funds available in the Reclamation 
     Water Settlements Fund established by section 10501(a) of the 
     Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)) 
     to carry out the purposes of this division.
                                 ______
                                 
  SA 1085. Mr. TESTER (for himself and Mr. Daines) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

 DIVISION I--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT 
                                OF 2023

     SEC. 11001. SHORT TITLE.

       This division may be cited as the ``Fort Belknap Indian 
     Community Water Rights Settlement Act of 2023''.

     SEC. 11002. PURPOSES.

       The purposes of this division are--
       (1) to achieve a fair, equitable, and final settlement of 
     claims to water rights in the State of Montana for--
       (A) the Fort Belknap Indian Community of the Fort Belknap 
     Reservation of Montana; and
       (B) the United States, acting as trustee for the Fort 
     Belknap Indian Community and allottees;
       (2) to authorize, ratify, and confirm the water rights 
     compact entered into by the Fort Belknap Indian Community and 
     the State, to the extent that the Compact is consistent with 
     this division;
       (3) to authorize and direct the Secretary--
       (A) to execute the Compact; and
       (B) to take any other actions necessary to carry out the 
     Compact in accordance with this division;
       (4) to authorize funds necessary for the implementation of 
     the Compact and this division; and
       (5) to authorize the exchange and transfer of certain 
     Federal and State land.

     SEC. 11003. DEFINITIONS.

       In this division:
       (1) Allottee.--The term ``allottee'' means an individual 
     who holds a beneficial real property interest in an allotment 
     of Indian land that is--
       (A) located within the Reservation; and
       (B) held in trust by the United States.
       (2) Blackfeet tribe.--The term ``Blackfeet Tribe'' means 
     the Blackfeet Tribe of the Blackfeet Indian Reservation of 
     Montana.
       (3) Cercla.--The term ``CERCLA'' means the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       (4) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Reclamation.
       (5) Compact.--The term ``Compact'' means--
       (A) the Fort Belknap-Montana water rights compact dated 
     April 16, 2001, as contained in section 85-20-1001 of the 
     Montana Code Annotated (2021); and
       (B) any appendix (including appendix amendments), part, or 
     amendment to the Compact that is executed to make the Compact 
     consistent with this division.
       (6) Enforceability date.--The term ``enforceability date'' 
     means the date described in section 11011(f).
       (7) Fort belknap indian community.--The term ``Fort Belknap 
     Indian Community'' means the Gros Ventre and Assiniboine 
     Tribes of the Fort Belknap Reservation of Montana, a 
     federally recognized Indian Tribal entity included on the 
     list published by the Secretary pursuant to section 104(a) of 
     the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 5131(a)).
       (8) Fort belknap indian community council.--The term ``Fort 
     Belknap Indian Community Council'' means the governing body 
     of the Fort Belknap Indian Community.
       (9) Fort belknap indian irrigation project.--
       (A) In general.--The term ``Fort Belknap Indian Irrigation 
     Project'' means the Federal Indian irrigation project 
     constructed and operated by the Bureau of Indian Affairs, 
     consisting of the Milk River unit, including--
       (i) the Three Mile unit; and
       (ii) the White Bear unit.

[[Page S3790]]

       (B) Inclusions.--The term ``Fort Belknap Indian Irrigation 
     Project'' includes any addition to the Fort Belknap Indian 
     Irrigation Project constructed pursuant to this division, 
     including expansion of the Fort Belknap Indian Irrigation 
     Project, the Pumping Plant, delivery Pipe and Canal, the Fort 
     Belknap Reservoir and Dam, and the Peoples Creek Flood 
     Protection Project.
       (10) Implementation fund.--The term ``Implementation Fund'' 
     means the Fort Belknap Indian Community Water Settlement 
     Implementation Fund established by section 11013(a).
       (11) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (12) Lake elwell.--The term ``Lake Elwell'' means the water 
     impounded on the Marias River in the State by Tiber Dam, a 
     feature of the Lower Marias Unit of the Pick-Sloan Missouri 
     River Basin Program authorized by section 9 of the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (58 Stat. 891, chapter 665).
       (13) Malta irrigation district.--The term ``Malta 
     Irrigation District'' means the public corporation--
       (A) created on December 28, 1923, pursuant to the laws of 
     the State relating to irrigation districts; and
       (B) headquartered in Malta, Montana.
       (14) Milk river.--The term ``Milk River'' means the 
     mainstem of the Milk River and each tributary of the Milk 
     River between the headwaters of the Milk River and the 
     confluence of the Milk River with the Missouri River, 
     consisting of--
       (A) Montana Water Court Basins 40F, 40G, 40H, 40I, 40J, 
     40K, 40L, 40M, 40N, and 40O; and
       (B) the portion of the Milk River and each tributary of the 
     Milk River that flows through the Canadian Provinces of 
     Alberta and Saskatchewan.
       (15) Milk river project.--
       (A) In general.--The term ``Milk River Project'' means the 
     Bureau of Reclamation project conditionally approved by the 
     Secretary on March 14, 1903, pursuant to the Act of June 17, 
     1902 (32 Stat. 388, chapter 1093), commencing at Lake 
     Sherburne Reservoir and providing water to a point 
     approximately 6 miles east of Nashua, Montana.
       (B) Inclusions.--The term ``Milk River Project'' includes--
       (i) the St. Mary Unit;
       (ii) the Fresno Dam and Reservoir; and
       (iii) the Dodson pumping unit.
       (16) Missouri river basin.--The term ``Missouri River 
     Basin'' means the hydrologic basin of the Missouri River, 
     including tributaries.
       (17) Operations and maintenance.--The term ``operations and 
     maintenance'' means the Bureau of Indian Affairs operations 
     and maintenance activities related to costs described in 
     section 171.500 of title 25, Code of Federal Regulations (or 
     a successor regulation).
       (18) Operations, maintenance, and replacement.--The term 
     ``operations, maintenance, and replacement'' means--
       (A) any recurring or ongoing activity associated with the 
     day-to-day operation of a project;
       (B) any activity relating to scheduled or unscheduled 
     maintenance of a project; and
       (C) any activity relating to repairing, replacing, or 
     rehabilitating a feature of a project.
       (19) Pick-sloan missouri river basin program.--The term 
     ``Pick-Sloan Missouri River Basin Program'' means the Pick-
     Sloan Missouri River Basin Program (authorized by section 9 
     of the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)).
       (20) PMM.--The term ``PMM'' means the Principal Meridian, 
     Montana.
       (21) Reservation.--
       (A) In general.--The term ``Reservation'' means the area of 
     the Fort Belknap Reservation in the State, as modified by 
     this division.
       (B) Inclusions.--The term ``Reservation'' includes--
       (i) all land and interests in land established by--

       (I) the Agreement with the Gros Ventre and Assiniboine 
     Tribes of the Fort Belknap Reservation, ratified by the Act 
     of May 1, 1888 (25 Stat. 113, chapter 212), as modified by 
     the Agreement with the Indians of the Fort Belknap 
     Reservation of October 9, 1895 (ratified by the Act of June 
     10, 1896) (29 Stat. 350, chapter 398);
       (II) the Act of March 3, 1921 (41 Stat. 1355, chapter 135); 
     and
       (III) Public Law 94-114 (25 U.S.C. 5501 et seq.);

       (ii) the land known as the ``Hancock lands'' purchased by 
     the Fort Belknap Indian Community pursuant to the Fort 
     Belknap Indian Community Council Resolution No. 234-89 
     (October 2, 1989); and
       (iii) all land transferred to the United States to be held 
     in trust for the benefit of the Fort Belknap Indian Community 
     under section 11006.
       (22) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (23) St. mary unit.--
       (A) In general.--The term ``St. Mary Unit'' means the St. 
     Mary Storage Unit of the Milk River Project authorized by 
     Congress on March 25, 1905.
       (B) Inclusions.--The term ``St. Mary Unit'' includes--
       (i) Sherburne Dam and Reservoir;
       (ii) Swift Current Creek Dike;
       (iii) Lower St. Mary Lake;
       (iv) St. Mary Canal Diversion Dam; and
       (v) St. Mary Canal and appurtenances.
       (24) State.--The term ``State'' means the State of Montana.
       (25) Tribal water code.--The term ``Tribal water code'' 
     means the Tribal water code enacted by the Fort Belknap 
     Indian Community pursuant to section 11005(g).
       (26) Tribal water rights.--The term ``Tribal water rights'' 
     means the water rights of the Fort Belknap Indian Community, 
     as described in Article III of the Compact and this division, 
     including the allocation of water to the Fort Belknap Indian 
     Community from Lake Elwell under section 11007.
       (27) Trust fund.--The term ``Trust Fund'' means the Aaniiih 
     Nakoda Settlement Trust Fund established for the Fort Belknap 
     Indian Community under section 11012(a).

     SEC. 11004. RATIFICATION OF COMPACT.

       (a) Ratification of Compact.--
       (1) In general.--As modified by this division, the Compact 
     is authorized, ratified, and confirmed.
       (2) Amendments.--Any amendment to the Compact is 
     authorized, ratified, and confirmed to the extent that the 
     amendment is executed to make the Compact consistent with 
     this division.
       (b) Execution.--
       (1) In general.--To the extent that the Compact does not 
     conflict with this division, the Secretary shall execute the 
     Compact, including all appendices to, or parts of, the 
     Compact requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this division precludes the 
     Secretary from approving any modification to an appendix to 
     the Compact that is consistent with this division, to the 
     extent that the modification does not otherwise require 
     congressional approval under section 2116 of the Revised 
     Statutes (25 U.S.C. 177) or any other applicable provision of 
     Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Compact and this 
     division, the Secretary shall comply with all applicable 
     provisions of--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the Compact and this 
     division, the Fort Belknap Indian Community shall prepare any 
     necessary environmental documents, except for any 
     environmental documents required under section 11008, 
     consistent with all applicable provisions of--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4231 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation submitted 
     under subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.
       (3) Effect of execution.--The execution of the Compact by 
     the Secretary under this section shall not constitute a major 
     Federal action for purposes of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (4) Costs.--Any costs associated with the performance of 
     the compliance activities described in paragraph (2) shall be 
     paid from funds deposited in the Trust Fund, subject to the 
     condition that any costs associated with the performance of 
     Federal approval or other review of such compliance work or 
     costs associated with inherently Federal functions shall 
     remain the responsibility of the Secretary.

     SEC. 11005. TRIBAL WATER RIGHTS.

       (a) Confirmation of Tribal Water Rights.--
       (1) In general.--The Tribal water rights are ratified, 
     confirmed, and declared to be valid.
       (2) Use.--Any use of the Tribal water rights shall be 
     subject to the terms and conditions of the Compact and this 
     division.
       (3) Conflict.--In the event of a conflict between the 
     Compact and this division, this division shall control.
       (b) Intent of Congress.--It is the intent of Congress to 
     provide to each allottee benefits that are equivalent to, or 
     exceed, the benefits the allottees possess on the day before 
     the date of enactment of this division, taking into 
     consideration--
       (1) the potential risks, cost, and time delay associated 
     with litigation that would be resolved by the Compact and 
     this division;
       (2) the availability of funding under this division and 
     from other sources;
       (3) the availability of water from the Tribal water rights; 
     and
       (4) the applicability of section 7 of the Act of February 
     8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this 
     division to protect the interests of allottees.
       (c) Trust Status of Tribal Water Rights.--The Tribal water 
     rights--
       (1) shall be held in trust by the United States for the use 
     and benefit of the Fort Belknap Indian Community and 
     allottees in accordance with this division; and

[[Page S3791]]

       (2) shall not be subject to loss through non-use, 
     forfeiture, or abandonment.
       (d) Allottees.--
       (1) Applicability of the act of february 8, 1887.--The 
     provisions of section 7 of the Act of February 8, 1887 (24 
     Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use 
     of water for irrigation purposes, shall apply to the Tribal 
     water rights.
       (2) Entitlement to water.--Any entitlement to water of an 
     allottee under Federal law shall be satisfied from the Tribal 
     water rights.
       (3) Allocations.--An allottee shall be entitled to a just 
     and equitable allocation of water for irrigation purposes.
       (4) Claims.--
       (A) Exhaustion of remedies.--Before asserting any claim 
     against the United States under section 7 of the Act of 
     February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), 
     or any other applicable law, an allottee shall exhaust 
     remedies available under the Tribal water code or other 
     applicable Tribal law.
       (B) Action for relief.--After the exhaustion of all 
     remedies available under the Tribal water code or other 
     applicable Tribal law, an allottee may seek relief under 
     section 7 of the Act of February 8, 1887 (24 Stat. 390, 
     chapter 119; 25 U.S.C. 381), or other applicable law.
       (5) Authority of the secretary.--The Secretary shall have 
     the authority to protect the rights of allottees in 
     accordance with this section.
       (e) Authority of the Fort Belknap Indian Community.--
       (1) In general.--The Fort Belknap Indian Community shall 
     have the authority to allocate, distribute, and lease the 
     Tribal water rights for use on the Reservation in accordance 
     with the Compact, this division, and applicable Federal law.
       (2) Off-reservation use.--The Fort Belknap Indian Community 
     may allocate, distribute, and lease the Tribal water rights 
     for off-Reservation use in accordance with the Compact, this 
     division, and applicable Federal law--
       (A) subject to the approval of the Secretary; or
       (B) pursuant to Tribal water leasing regulations consistent 
     with the requirements of subsection (f).
       (3) Land leases by allottees.--Notwithstanding paragraph 
     (1), an allottee may lease any interest in land held by the 
     allottee, together with any water right determined to be 
     appurtenant to the interest in land, in accordance with the 
     Tribal water code.
       (f) Tribal Water Leasing Regulations.--
       (1) In general.--At the discretion of the Fort Belknap 
     Indian Community, any water lease of the Fort Belknap Indian 
     Community of the Tribal water rights for use on or off the 
     Reservation shall not require the approval of the Secretary 
     if the lease--
       (A) is executed under tribal regulations, approved by the 
     Secretary under this subsection;
       (B) is in accordance with the Compact; and
       (C) does not exceed a term of 100 years, except that a 
     lease may include an option to renew for 1 additional term of 
     not to exceed 100 years.
       (2) Authority of the secretary over tribal water leasing 
     regulations.--
       (A) In general.--The Secretary shall have the authority to 
     approve or disapprove any Tribal water leasing regulations 
     issued in accordance with paragraph (1).
       (B) Considerations for approval.--The Secretary shall 
     approve any Tribal water leasing regulations issued in 
     accordance with paragraph (1) if the Tribal water leasing 
     regulations--
       (i) provide for an environmental review process that 
     includes--

       (I) the identification and evaluation of any significant 
     effects of the proposed action on the environment; and
       (II) a process for ensuring that--

       (aa) the public is informed of, and has a reasonable 
     opportunity to comment on, any significant environmental 
     impacts of the proposed action identified by the Fort Belknap 
     Indian Community; and
       (bb) the Fort Belknap Indian Community provides responses 
     to relevant and substantive public comments on those impacts 
     prior to its approval of a water lease; and
       (ii) are consistent with this division and the Compact.
       (3) Review process.--
       (A) In general.--Not later than 120 days after the date on 
     which Tribal water leasing regulations under paragraph (1) 
     are submitted to the Secretary, the Secretary shall review 
     and approve or disapprove the regulations.
       (B) Written documentation.--If the Secretary disapproves 
     the Tribal water leasing regulations described in 
     subparagraph (A), the Secretary shall include written 
     documentation with the disapproval notification that 
     describes the basis for this disapproval.
       (C) Extension.--The deadline described in subparagraph (A) 
     may be extended by the Secretary, after consultation with the 
     Fort Belknap Indian Community.
       (4) Federal environmental review.--Notwithstanding 
     paragraphs (2) and (3), if the Fort Belknap Indian Community 
     carries out a project or activity funded by a Federal agency, 
     the Fort Belknap Indian Community--
       (A) shall have the authority to rely on the environmental 
     review process of the applicable Federal agency; and
       (B) shall not be required to carry out a tribal 
     environmental review process under this subsection.
       (5) Documentation.--If the Fort Belknap Indian Community 
     issues a lease pursuant to Tribal water leasing regulations 
     under paragraph (1), the Fort Belknap Indian Community shall 
     provide the Secretary and the State a copy of the lease, 
     including any amendments or renewals to the lease.
       (6) Limitation of liability.--
       (A) In general.--The United States shall not be liable in 
     any claim relating to the negotiation, execution, or approval 
     of any lease or exchange agreement or storage agreement, 
     including any claims relating to the terms included in such 
     an agreement, made pursuant to Tribal water leasing 
     regulations under paragraph (1).
       (B) Obligations.--The United States shall have no trust 
     obligation or other obligation to monitor, administer, or 
     account for--
       (i) any funds received by the Fort Belknap Indian Community 
     as consideration under any lease or exchange agreement or 
     storage agreement; or
       (ii) the expenditure of those funds.
       (g) Tribal Water Code.--
       (1) In general.--Notwithstanding Article IV.A.2. of the 
     Compact, not later than 4 years after the date on which the 
     Fort Belknap Indian Community approves the Compact in 
     accordance with section 11011(f)(1), the Fort Belknap Indian 
     Community shall enact a Tribal water code that provides for--
       (A) the administration, management, regulation, and 
     governance of all uses of the Tribal water rights in 
     accordance with the Compact and this division; and
       (B) the establishment by the Fort Belknap Indian Community 
     of the conditions, permit requirements, and other 
     requirements for the allocation, distribution, or use of the 
     Tribal water rights in accordance with the Compact and this 
     division.
       (2) Inclusions.--Subject to the approval of the Secretary, 
     the Tribal water code shall provide--
       (A) that use of water by allottees shall be satisfied with 
     water from the Tribal water rights;
       (B) a process by which an allottee may request that the 
     Fort Belknap Indian Community provide water for irrigation 
     use in accordance with this division, including the provision 
     of water under any allottee lease under section 4 of the Act 
     of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
       (C) a due process system for the consideration and 
     determination by the Fort Belknap Indian Community of any 
     request of an allottee (or a successor in interest to an 
     allottee) for an allocation of water for irrigation purposes 
     on allotted land, including a process for--
       (i) appeal and adjudication of any denied or disputed 
     distribution of water; and
       (ii) resolution of any contested administrative decision;
       (D) a requirement that any allottee asserting a claim 
     relating to the enforcement of rights of the allottee under 
     the Tribal water code, including to the quantity of water 
     allocated to land of the allottee, shall exhaust all remedies 
     available to the allottee under Tribal law before initiating 
     an action against the United States or petitioning the 
     Secretary pursuant to subsection (d)(4)(B);
       (E) a process by which an owner of fee land within the 
     boundaries of the Reservation may apply for use of a portion 
     of the Tribal water rights; and
       (F) a process for the establishment of a controlled 
     Groundwater area and for the management of that area in 
     cooperation with establishment of a contiguous controlled 
     Groundwater area off the Reservation established pursuant to 
     Section B.2. of Article IV of the Compact and State law.
       (3) Action by secretary.--
       (A) In general.--During the period beginning on the date of 
     enactment of this Act and ending on the date on which a 
     Tribal water code described in paragraphs (1) and (2) is 
     enacted, the Secretary shall administer, with respect to the 
     rights of allottees, the Tribal water rights in accordance 
     with the Compact and this division.
       (B) Approval.--The Tribal water code described in 
     paragraphs (1) and (2) shall not be valid unless--
       (i) the provisions of the Tribal water code required by 
     paragraph (2) are approved by the Secretary; and
       (ii) each amendment to the Tribal water code that affects a 
     right of an allottee is approved by the Secretary.
       (C) Approval period.--
       (i) In general.--The Secretary shall approve or disapprove 
     the Tribal water code or an amendment to the Tribal water 
     code by not later than 180 days after the date on which the 
     Tribal water code or amendment to the Tribal water code is 
     submitted to the Secretary.
       (ii) Extensions.--The deadline described in clause (i) may 
     be extended by the Secretary, after consultation with the 
     Fort Belknap Indian Community.
       (h) Administration.--
       (1) No alienation.--The Fort Belknap Indian Community shall 
     not permanently alienate any portion of the Tribal water 
     rights.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this division for the allocation, 
     distribution, leasing, or other arrangement entered into 
     pursuant to this division shall be considered to satisfy any 
     requirement for authorization of the action required by 
     Federal law.
       (3) Prohibition on forfeiture.--The non-use of all or any 
     portion of the Tribal water

[[Page S3792]]

     rights by any water user shall not result in the forfeiture, 
     abandonment, relinquishment, or other loss of all or any 
     portion of the Tribal water rights.
       (i) Effect.--Except as otherwise expressly provided in this 
     section, nothing in this division--
       (1) authorizes any action by an allottee against any 
     individual or entity, or against the Fort Belknap Indian 
     Community, under Federal, State, Tribal, or local law; or
       (2) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.
       (j) Pick-Sloan Missouri River Basin Program Power Rates.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary, in cooperation with the Secretary of 
     Energy, shall make available the Pick-Sloan Missouri River 
     Basin Program irrigation project pumping power rates to the 
     Fort Belknap Indian Community, the Fort Belknap Indian 
     Irrigation Project, and any projects funded under this 
     division.
       (2) Authorized purposes.--The power rates made available 
     under paragraph (1) shall be authorized for the purposes of 
     wheeling, administration, and payment of irrigation project 
     pumping power rates, including project use power for gravity 
     power.

     SEC. 11006. EXCHANGE AND TRANSFER OF LAND.

       (a) Exchange of Eligible Land and State Land.--
       (1) Definitions.--In this subsection:
       (A) Eligible land.--The term ``eligible land'' means--
       (i) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that 
     are administered by the Secretary, acting through the 
     Director of the Bureau of Land Management; and
       (ii) land in the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Resources Planning 
     Act of 1974 (16 U.S.C. 1609(a)) that is administered by the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service.
       (B) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (i) the Secretary, with respect to the eligible land 
     administered by the Bureau of Land Management; and
       (ii) the Secretary of Agriculture, with respect to eligible 
     land managed by the Forest Service.
       (2) Negotiations authorized.--
       (A) In general.--The Secretary concerned shall offer to 
     enter into negotiations with the State for the purpose of 
     exchanging eligible land described in paragraph (4) for the 
     State land described in paragraph (3).
       (B) Requirements.--Any exchange of land made pursuant to 
     this subsection shall be subject to the terms and conditions 
     of this subsection.
       (C) Priority.--
       (i) In general.--In carrying out this paragraph, the 
     Secretary and the Secretary of Agriculture shall, during the 
     5-year period beginning on the date of enactment of this Act, 
     give priority to an exchange of eligible land located within 
     the State for State land.
       (ii) Secretary of agriculture.--The responsibility of the 
     Secretary of Agriculture under clause (i), during the 5-year 
     period described in that clause, shall be limited to 
     negotiating with the State an acceptable package of land in 
     the National Forest System (as defined in section 11(a) of 
     the Forest and Rangeland Resources Planning Act of 1974 (16 
     U.S.C. 1609(a))).
       (3) State land.--The Secretary is authorized to accept the 
     following parcels of State land located on and off the 
     Reservation:
       (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
       (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
       (C) 640 acres in T. 27 N., R. 21 E., sec. 36.
       (D) 640 acres in T. 26 N., R. 23 E., sec. 16.
       (E) 640 acres in T. 26 N., R. 23 E., sec. 36.
       (F) 640 acres in T. 26 N., R. 26 E., sec. 16.
       (G) 640 acres in T. 26 N., R. 22 E., sec. 36.
       (H) 640 acres in T. 27 N., R. 23 E., sec. 16.
       (I) 640 acres in T. 27 N., R. 25 E., sec. 36.
       (J) 640 acres in T. 28 N., R. 22 E., sec. 36.
       (K) 640 acres in T. 28 N., R. 23 E., sec. 16.
       (L) 640 acres in T. 28 N., R. 24 E., sec. 36.
       (M) 640 acres in T. 28 N., R. 25 E., sec. 16.
       (N) 640 acres in T. 28 N., R. 25 E., sec. 36.
       (O) 640 acres in T. 28 N., R. 26 E., sec. 16.
       (P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease 
     by the Fort Belknap Indian Community Council on the date of 
     enactment of this Act, comprised of--
       (i) 30.68 acres in lot 5;
       (ii) 26.06 acres in lot 6;
       (iii) 21.42 acres in lot 7; and
       (iv) 16.8 acres in lot 8.
       (Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding 
     the 73.36 acres under lease by individuals who are not 
     members of the Fort Belknap Indian Community, on the date of 
     enactment of this Act.
       (R) 640 acres in T. 29 N., R. 22 E., sec. 36.
       (S) 640 acres in T. 29 N., R. 23 E., sec. 16.
       (T) 640 acres in T. 29 N., R. 24 E., sec. 16.
       (U) 640 acres in T. 29 N., R. 24 E., sec. 36.
       (V) 640 acres in T. 29 N., R. 25 E., sec. 16.
       (W) 640 acres in T. 29 N., R. 25 E., sec. 36.
       (X) 640 acres in T. 29 N., R. 26 E., sec. 16.
       (Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding 
     the 58.72 acres under lease by individuals who are not 
     members of the Fort Belknap Indian Community on the date of 
     enactment of this Act.
       (Z) 640 acres in T. 30 N., R. 22 E., sec. 36.
       (AA) 640 acres in T. 30 N., R. 23 E., sec. 16.
       (BB) 640 acres in T. 30 N., R. 23 E., sec. 36.
       (CC) 640 acres in T. 30 N., R. 24 E., sec. 16.
       (DD) 640 acres in T. 30 N., R. 24 E., sec. 36.
       (EE) 640 acres in T. 30 N., R. 25 E., sec. 16.
       (FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under 
     lease by the Fort Belknap Indian Community Council on the 
     date of enactment of this Act.
       (GG) 640 acres in T. 31 N., R. 22 E., sec. 36.
       (HH) 640 acres in T. 31 N., R. 23 E., sec. 16.
       (II) 640 acres in T. 31 N., R. 23 E., sec. 36.
       (JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4.
       (KK) 640 acres in T. 25 N., R. 22 E., sec. 16.
       (4) Eligible land.--
       (A) In general.--Subject to valid existing rights, the 
     reservation of easements or rights-of-way deemed necessary to 
     be retained by the Secretary concerned, and the requirements 
     of this subsection, the Secretary is authorized and directed 
     to convey to the State any eligible land within the State 
     identified in the negotiations authorized by paragraph (2) 
     and agreed to by the Secretary concerned.
       (B) Exceptions.--The Secretary concerned shall exclude from 
     any conveyance any parcel of eligible land that is--
       (i) included within the National Landscape Conservation 
     System established by section 2002(a) of the Omnibus Public 
     Land Management Act of 2009 (16 U.S.C. 7202(a)), without 
     regard to whether that land has been identified as available 
     for disposal in a land use plan;
       (ii) designated as wilderness by Congress;
       (iii) within a component of the National Wild and Scenic 
     Rivers System; or
       (iv) designated in the Forest Land and Resource Management 
     Plan as a Research Natural Area.
       (C) Administrative responsibility.--The Secretary shall be 
     responsible for meeting all substantive and any procedural 
     requirements necessary to complete the exchange and the 
     conveyance of the eligible land.
       (5) Land into trust.--On completion of the land exchange 
     authorized by this subsection, the Secretary shall, as soon 
     as practicable after the enforceability date, take the land 
     received by the United States pursuant to this subsection 
     into trust for the benefit of the Fort Belknap Indian 
     Community.
       (6) Terms and conditions.--
       (A) Equal value.--The values of the eligible land and State 
     land exchanged under this subsection shall be equal, except 
     that the Secretary concerned may--
       (i) exchange land that is of approximately equal value if 
     such an exchange complies with the requirements of section 
     206(h) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1716(h)) (and any regulations implementing that 
     section) without regard to the monetary limitation described 
     in paragraph (1)(A) of that section; and
       (ii) make or accept an equalization payment, or waive an 
     equalization payment, if such a payment or waiver of a 
     payment complies with the requirements of section 206(b) of 
     that Act (43 U.S.C. 1716(b)) (and any regulations 
     implementing that section).
       (B) Impacts on local governments.--In identifying eligible 
     land to be exchanged with the State, the Secretary concerned 
     and the State may--
       (i) consider the financial impacts of exchanging specific 
     eligible land on local governments; and
       (ii) attempt to minimize the financial impact of the 
     exchange on local governments.
       (C) Existing authorizations.--
       (i) Eligible land conveyed to the state.--

       (I) In general.--Any eligible land conveyed to the State 
     under this subsection shall be subject to any valid existing 
     rights, contracts, leases, permits, and rights-of-way, unless 
     the holder of the right, contract, lease, permit, or right-
     of-way requests an earlier termination in accordance with 
     existing law.
       (II) Assumption by state.--The State shall assume all 
     benefits and obligations of the Forest Service or the Bureau 
     of Land Management, as applicable, under the existing rights, 
     contracts, leases, permits, and rights-of-way described in 
     subclause (I).

       (ii) State land conveyed to the united states.--

       (I) In general.--Any State land conveyed to the United 
     States under this subsection and taken into trust for the 
     benefit of the Fort Belknap Indian Community subject shall be 
     to any valid existing rights, contracts, leases, permits, and 
     rights-of-way, unless the holder of the right, contract, 
     lease, permit, or right-of-way requests an earlier 
     termination in accordance with existing law.
       (II) Assumption by bureau of indian affairs.--The Bureau of 
     Indian Affairs shall--

       (aa) assume all benefits and obligations of the State under 
     the existing rights, contracts, leases, permits, and rights-
     of-way described in subclause (I); and
       (bb) disburse to the Fort Belknap Indian Community any 
     amounts that accrue to the United States from those rights, 
     contracts, leases, permits, and rights-of-way, after the date 
     of transfer from any sale, bonus, royalty, or rental relating 
     to that land in the same manner as amounts received from 
     other land held by the Secretary in trust for the benefit of 
     the Fort Belknap Indian Community.
       (D) Personal property.--
       (i) In general.--Any improvements constituting personal 
     property, as defined by State law, belonging to the holder of 
     a right, contract, lease, permit, or right-of-way on land 
     transferred to the United States under this subsection 
     shall--

       (I) remain the property of the holder; and

[[Page S3793]]

       (II) be removed not later than 90 days after the date on 
     which the right, contract, lease, permit, or right-of-way 
     expires, unless the Fort Belknap Indian Community and the 
     holder agree otherwise.

       (ii) Remaining property.--Any personal property described 
     in clause (i) remaining with the holder described in that 
     clause beyond the 90-day period described in subclause (II) 
     of that clause shall--

       (I) become the property of the Fort Belknap Indian 
     Community; and
       (II) be subject to removal and disposition at the 
     discretion of the Fort Belknap Indian Community.

       (iii) Liability of previous holder.--The holder of personal 
     property described in clause (i) shall be liable for costs 
     incurred by the Fort Belknap Indian Community in removing and 
     disposing of the personal property under clause (ii)(II).
       (7) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of land owned by the State under 
     paragraph (3), the State may, with the consent of the Fort 
     Belknap Indian Community, make technical corrections to the 
     legal land descriptions to more specifically identify the 
     State parcels to be exchanged.
       (8) Assistance.--The Secretary shall provide $10,000,000 of 
     financial or other assistance to the State and the Fort 
     Belknap Indian Community as may be necessary to obtain the 
     appraisals, and to satisfy administrative requirements, 
     necessary to accomplish the exchanges under paragraph (2).
       (b) Federal Land Transfers.--
       (1) In general.--Subject to valid existing rights and the 
     requirements of this subsection, all right, title, and 
     interest of the United States in and to the land described in 
     paragraph (2) shall be held by the United States in trust for 
     the benefit of the Fort Belknap Indian Community as part of 
     the Reservation on the enforceability date.
       (2) Federal land.--
       (A) Bureau of land management parcels.--
       (i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised 
     of--

       (I) 19.55 acres in lot 10;
       (II) 19.82 acres in lot 11; and
       (III) 20.09 acres in lot 16.

       (ii) 324.24 acres in the N\1/2\ of T. 25 N., R. 22 E., sec. 
     5.
       (iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised 
     of--

       (I) 20.39 acres in lot 2;
       (II) 20.72 acres in lot 7;
       (III) 21.06 acres in lot 8;
       (IV) 40.00 acres in lot 9;
       (V) 40.00 acres in lot 10;
       (VI) 40.00 acres in lot 11;
       (VII) 40.00 acres in lot 12;
       (VIII) 21.39 acres in lot 13; and
       (IX) 160 acres in SW\1/4\.

       (iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised 
     of--

       (I) 18.06 acres in lot 5;
       (II) 18.25 acres in lot 6;
       (III) 18.44 acres in lot 7; and
       (IV) 15.88 acres in lot 8.

       (v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised 
     of--

       (I) 17.65 acres in lot 5;
       (II) 17.73 acres in lot 6;
       (III) 17.83 acres in lot 7; and
       (IV) 17.91 acres in lot 8.

       (vi) 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised 
     of--

       (I) 21.56 acres in lot 6;
       (II) 29.50 acres in lot 7;
       (III) 17.28 acres in lot 8;
       (IV) 17.41 acres in lot 9; and
       (V) 17.54 acres in lot 10.

       (vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised 
     of--

       (I) 80 acres in the S\1/2\ of the NW\1/4\ ; and
       (II) 80 acres in the W\1/2\ of the SW\1/4\.

       (viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2, 
     comprised of--

       (I) 82.54 acres in the E\1/2\ of the NW\1/4\;
       (II) 164.96 acres in the NE\1/4\; and
       (III) 320 acres in the S\1/2\.

       (ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised 
     of--

       (I) 40 acres in the SE\1/4\ of the NW\1/4\;
       (II) 160 acres in the SW\1/4\; and
       (III) 40 acres in the SW\1/4\ of the SE\1/4\.

       (x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of--

       (I) 80 acres in the E\1/2\ of the SE\1/4\; and
       (II) 40 acres in the NW\1/4\ of the SE\1/4\.

       (xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised 
     of--

       (I) 160 acres in the SW\1/4\; and
       (II) 40 acres in the SW\1/4\ of the NW\1/4\.

       (xii) 40 acres in the SE\1/4\ of the SE\1/4\ of T. 26 N., 
     R. 21 E., sec. 6.
       (xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised 
     of--

       (I) 40 acres in the NE\1/4\ of the SW\1/4\;
       (II) 160 acres in the NW\1/4\; and
       (III) 40 acres in the NW\1/4\ of the SE\1/4\.

       (xiv) 320 acres in the E\1/2\ of T. 26 N., R. 21 E., sec. 
     9.
       (xv) 640 acres in T. 26 N., R. 21 E., sec. 10.
       (xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised 
     of--

       (I) 320 acres in the N\1/2\;
       (II) 80 acres in the N\1/2\ of the SE\1/4\;
       (III) 160 acres in the SW\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the SE\1/4\.

       (xvii) 525.81 acres in T. 26 N., R. 22 E., sec. 21, 
     comprised of--

       (I) 6.62 acres in lot 1;
       (II) 5.70 acres in lot 2;
       (III) 56.61 acres in lot 5;
       (IV) 56.88 acres in lot 6;
       (V) 320 acres in the W\1/2\; and
       (VI) 80 acres in the W\1/2\ of the SE\1/4\.

       (xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28.
       (xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised 
     of--

       (I) 320 acres in the N\1/2\;
       (II) 160 acres in the N\1/2\ of the S\1/2\; and
       (III) 80 acres in the S\1/2\ of the SE\1/4\.

       (xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised 
     of--

       (I) 320 acres in the S\1/2\; and
       (II) 80 acres in the S\1/2\ of the NW\1/4\.

       (xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33, 
     comprised of--

       (I) 58.25 acres in lot 3;
       (II) 58.5 acres in lot 4;
       (III) 58.76 acres in lot 5;
       (IV) 40 acres in the NW\1/4\ of the NE\1/4\;
       (V) 160 acres in the SW\1/4\; and
       (VI) 80 acres in the W\1/2\ of the SE\1/4\.

       (xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised 
     of--

       (I) 24.36 acres in lot 1;
       (II) 24.35 acres in lot 2; and
       (III) 40 acres in the SW\1/4\ of the SW\1/4\.

       (xxiii) 80 acres in T. 27 N., R. 21 E., sec. 3, comprised 
     of--

       (I) 40 acres in lot 11; and
       (II) 40 acres in lot 12.

       (xxiv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised 
     of--

       (I) 40 acres in the NW\1/4\ of the SW\1/4\; and
       (II) 40 acres in the SW\1/4\ of the NW\1/4\.

       (xxv) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the SW\1/4\;
       (II) 40 acres in the NW\1/4\ of the NW\1/4\; and
       (III) 80 acres in the S\1/2\ of the NW\1/4\.

       (xxvi) 40 acres in the SE\1/4\ of the NE\1/4\ of T. 27 N., 
     R. 21 E., sec. 23.
       (xxvii) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NW\1/4\;
       (II) 160 acres in the NE\1/4\;
       (III) 40 acres in the NE\1/4\ of the SE\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the SW\1/4\.

       (xxviii) 120 acres in T. 27 N., R. 21 E., sec. 25, 
     comprised of--

       (I) 80 acres in the S\1/2\ of the NE\1/4\; and
       (II) 40 acres in the SE\1/4\ of the NW\1/4\.

       (xxix) 40 acres in the NE\1/4\ of the SE\1/4\ of T. 27 N., 
     R. 21 E., sec. 26.
       (xxx) 160 acres in the NW\1/4\ of T. 27 N., R. 21 E., sec. 
     27.
       (xxxi) 40 acres in the SW\1/4\ of the SW\1/4\ of T. 27 N., 
     R. 21 E., sec. 29.
       (xxxii) 40 acres in the SW\1/4\ of the NE\1/4\ of T. 27 N., 
     R. 21 E., sec 30.
       (xxxiii) 120 acres in T. 27 N., R. 21 E., sec. 33, 
     comprised of--

       (I) 40 acres in the SE\1/4\ of the NE\1/4\; and
       (II) 80 acres in the N\1/2\ of the SE\1/4\.

       (xxxiv) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised 
     of--

       (I) 160 acres in the N\1/2\ of the S\1/2\;
       (II) 160 acres in the NE\1/4\;
       (III) 80 acres in the S\1/2\ of the NW\1/4\; and
       (IV) 40 acres in the SE\1/4\ of the SE\1/4\.

       (xxxv) 133.44 acres in T. 27 N., R. 22 E., sec. 4, 
     comprised of--

       (I) 28.09 acres in lot 5;
       (II) 25.35 acres in lot 6;
       (III) 40 acres in lot 10; and
       (IV) 40 acres in lot 15.

       (xxxvi) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised 
     of--

       (I) 40 acres in the NE\1/4\ of the NE\1/4\;
       (II) 40 acres in the NW\1/4\ of the SW\1/4\; and
       (III) 80 acres in the W\1/2\ of the NW\1/4\.

       (xxxvii) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NW\1/4\; and
       (II) 40 acres in the NE\1/4\ of the SW\1/4\.

       (xxxviii) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 27 
     N., R. 22 E., sec. 9.
       (xxxix) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 27 N., 
     R. 22 E., sec. 17.
       (xl) 40 acres in the NW\1/4\ of the NW\1/4\ of T. 27 N., R. 
     22 E., sec. 19.
       (xli) 40 acres in the SE\1/4\ of the NW\1/4\ of T. 27 N., 
     R22 E., sec. 20.
       (xlii) 80 acres in the W\1/2\ of the SE\1/4\ of T. 27 N., 
     R. 22 E., sec. 31.
       (xliii) 52.36 acres in the SE\1/4\ of the SE\1/4\ of T. 27 
     N., R. 22 E., sec. 33.
       (xliv) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 28 N., 
     R. 22 E., sec. 29.
       (xlv) 40 acres in the NE\1/4\ of the NE\1/4\ of T. 26 N., 
     R. 21 E., sec. 7.
       (xlvi) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 26 N., 
     R. 21 E., sec. 12.
       (xlvii) 42.38 acres in the NW\1/4\ of the NE\1/4\ of T. 26 
     N., R. 22 E., sec. 6.
       (xlviii) 320 acres in the E\1/2\ of T. 26 N., R. 22 E., 
     sec. 17.
       (xlix) 80 acres in the E\1/2\ of the NE\1/4\ of T. 26 N., 
     R. 22 E., sec. 20.
       (l) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised 
     of--

       (I) 80 acres in the E\1/2\ of the NE\1/4\;
       (II) 80 acres in the N\1/2\ of the SE\1/4\;
       (III) 40 acres in the SE\1/4\ of the NW\1/4\; and
       (IV) 40 acres in the SW\1/4\ of the NE\1/4\.

       (B) Bureau of indian affairs.--The parcels of approximately 
     3,519.3 acres of trust land that have been converted to fee 
     land, judicially foreclosed on, acquired by the Department of 
     Agriculture, and transferred to the Bureau of Indian Affairs, 
     described in clauses (i) through (iii).
       (i) Parcel 1.--The land described in this clause is 640 
     acres in T. 29 N., R. 26 E., comprised of--

       (I) 160 acres in the SW\1/4\ of sec. 27;
       (II) 160 acres in the NE\1/4\ of sec. 33; and
       (III) 320 acres in the W\1/2\ of sec. 34.

       (ii) Parcel 2.--The land described in this clause is 320 
     acres in the N\1/2\ of T. 30 N., R. 23 E., sec. 28.
       (iii) Parcel 3.--The land described in this clause is 
     2,559.3 acres, comprised of--

       (I) T. 28 N., R. 24 E., including--

       (aa) of sec. 16--

[[Page S3794]]

       (AA) 5 acres in the E\1/2\, W\1/2\, E\1/2\, W\1/2\, W\1/2\, 
     NE\1/4\;
       (BB) 10 acres in the E\1/2\ , E\1/2\, W\1/2\, W\1/2\, NE\1/
     4\;
       (CC) 40 acres in the E\1/2\, W\1/2\, NE\1/4\;
       (DD) 40 acres in the W\1/2\, E\1/2\, NE\1/4\;
       (EE) 20 acres in the W\1/2\, E\1/2\, E\1/2\, NE\1/4\;
       (FF) 5 acres in the W\1/2\, W\1/2\, E\1/2\, E\1/2\, E\1/2\, 
     NE\1/4\; and
       (GG) 160 acres in the SE\1/4\;
       (bb) 640 acres in sec. 21;
       (cc) 320 acres in the S\1/2\ of sec. 22; and
       (dd) 320 acres in the W\1/2\ of sec. 27;

       (II) T. 29 N., R. 25 E., PMM, including--

       (aa) 320 acres in the S\1/2\ of sec. 1; and
       (bb) 320 acres in the N\1/2\ of sec. 12;

       (III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2;
       (IV) T. 30 N., R. 26 E., PMM, including--

       (aa) 39.4 acres in sec. 3, lot 2;
       (bb) 40 acres in the SW\1/4\ of the SW\1/4\ of sec. 4;
       (cc) 80 acres in the E\1/2\ of the SE\1/4\ of sec. 5;
       (dd) 80 acres in the S\1/2\ of the SE\1/4\ of sec. 7; and
       (ee) 40 acres in the N\1/2\, N\1/2\, NE\1/4\ of sec. 18; 
     and

       (V) 40 acres in T. 31 N., R. 26 E., PMM, the NW\1/4\ of the 
     SE\1/4\ of sec. 31.

       (3) Terms and conditions.--
       (A) Existing authorizations.--
       (i) In general.--Federal land transferred under this 
     subsection shall be conveyed and taken into trust subject to 
     valid existing rights, contracts, leases, permits, and 
     rights-of-way, unless the holder of the right, contract, 
     lease, permit, and rights-of-way requests an earlier 
     termination in accordance with existing law.
       (ii) Assumption by bureau of indian affairs.--The Bureau of 
     Indian Affairs shall--

       (I) assume all benefits and obligations of the previous 
     land management agency under the existing rights, contracts, 
     leases, permits, and rights-of-way described in clause (i); 
     and
       (II) disburse to the Fort Belknap Indian Community any 
     amounts that accrue to the United States from those rights, 
     contracts, leases, permits, and rights-of-ways after the date 
     of transfer from any sale, bonus, royalty, or rental relating 
     to that land in the same manner as amounts received from 
     other land held by the Secretary in trust for the Fort 
     Belknap Indian Community.

       (B) Personal property.--
       (i) In general.--Any improvements constituting personal 
     property, as defined by State law, belonging to the holder of 
     a right, contract, lease, permit, or right-of-way on land 
     transferred under this subsection shall--

       (I) remain the property of the holder; and
       (II) be removed from the land not later than 90 days after 
     the date on which the right, contract, lease, permit, or 
     right-of-way expires, unless the Fort Belknap Indian 
     Community and the holder agree otherwise.

       (ii) Remaining property.--Any personal property described 
     in clause (i) remaining with the holder described in that 
     clause beyond the 90-day period described in subclause (II) 
     of that clause shall--

       (I) become the property of the Fort Belknap Indian 
     Community; and
       (II) be subject to removal and disposition at the 
     discretion of the Fort Belknap Indian Community.

       (iii) Liability of previous holder.--The holder of personal 
     property described in clause (i) shall be liable to the Fort 
     Belknap Indian Community for costs incurred by the Fort 
     Belknap Indian Community in removing and disposing of the 
     property under clause (ii)(II).
       (C) Existing roads.--If any road within the Federal land 
     transferred under this subsection is necessary for customary 
     access to private land, the Bureau of Indian Affairs shall 
     offer the owner of the private land to apply for a right-of-
     way along the existing road, at the expense of the landowner.
       (D) Limitation on the transfer of water rights.--Water 
     rights that transfer with the land described in paragraph (2) 
     shall not become part of the Tribal water rights, unless 
     those rights are recognized and ratified in the Compact.
       (4) Withdrawal of federal land.--
       (A) In general.--Subject to valid existing rights, 
     effective on the date of enactment of this Act, all Federal 
     land within the parcels described in paragraph (2) is 
     withdrawn from all forms of--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (B) Expiration.--The withdrawals pursuant to subparagraph 
     (A) shall terminate on the date that the Secretary takes the 
     land into trust for the benefit of the Fort Belknap Indian 
     Community pursuant to paragraph (1).
       (C) No new reservation of federal water rights.--Nothing in 
     this paragraph establishes a new reservation in favor of the 
     United States or the Fort Belknap Indian Community with 
     respect to any water or water right on the land withdrawn by 
     this paragraph.
       (5) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of Federal land in paragraph (2), 
     the United States may, with the consent of the Fort Belknap 
     Indian Community, make technical corrections to the legal 
     land descriptions to more specifically identify the parcels.
       (6) Survey.--
       (A) In general.--Unless the United States or the Fort 
     Belknap Indian Community request an additional survey for the 
     transferred land or a technical correction is made under 
     paragraph (5), the description of land under this subsection 
     shall be controlling.
       (B) Additional survey.--If the United States or the Fort 
     Belknap Indian Community requests an additional survey, that 
     survey shall control the total acreage to be transferred into 
     trust under this subsection.
       (C) Assistance.--The Secretary shall provide such financial 
     or other assistance as may be necessary--
       (i) to conduct additional surveys under this subsection; 
     and
       (ii) to satisfy administrative requirements necessary to 
     accomplish the land transfers under this subsection.
       (7) Date of transfer.--The Secretary shall complete all 
     land transfers under this subsection and shall take the land 
     into trust for the benefit of the Fort Belknap Indian 
     Community as expeditiously as practicable after the 
     enforceability date, but not later than 10 years after the 
     enforceability date.
       (c) Tribally Owned Fee Land.--Not later than 10 years after 
     the enforceability date, the Secretary shall take into trust 
     for the benefit of the Fort Belknap Indian Community all fee 
     land owned by the Fort Belknap Indian Community on or 
     adjacent to the Reservation to become part of the 
     Reservation, provided that--
       (1) the land is free from any liens, encumbrances, or other 
     infirmities; and
       (2) no evidence exists of any hazardous substances on, or 
     other environmental liability with respect to, the land.
       (d) Dodson Land.--
       (1) In general.--Subject to paragraph (2), as soon as 
     practicable after the enforceability date, but not later than 
     10 years after the enforceability date, the Dodson Land 
     described in paragraph (3) shall be taken into trust by the 
     United States for the benefit of the Fort Belknap Indian 
     Community as part of the Reservation.
       (2) Restrictions.--The land taken into trust under 
     paragraph (1) shall be subject to a perpetual easement, 
     reserved by the United States for use by the Bureau of 
     Reclamation, its contractors, and its assigns for--
       (A) the right of ingress and egress for Milk River Project 
     purposes;
       (B) the right to--
       (i) seep, flood, and overflow the transferred land for Milk 
     River Project purposes;
       (ii) conduct routine and non-routine operation, 
     maintenance, and replacement activities on the Milk River 
     Project facilities, including modification to the headworks 
     at the upstream end of the Dodson South Canal in support of 
     Dodson South Canal enlargement, to include all associated 
     access, construction, and material storage necessary to 
     complete those activities; and
       (iii) prohibit the construction of permanent structures on 
     the transferred land, except--

       (I) as provided in the cooperative agreement under 
     paragraph (4); and
       (II) to meet the requirements of the Milk River Project.

       (3) Description of dodson land.--
       (A) In general.--The Dodson Land referred to in paragraphs 
     (1) and (2) is the approximately 2,500 acres of land owned by 
     the United States that is, as of the date of enactment of 
     this Act, under the jurisdiction of the Bureau of Reclamation 
     and located at the northeastern corner of the Reservation 
     (which extends to the point in the middle of the main channel 
     of the Milk River), where the Milk River Project facilities, 
     including the Dodson Diversion Dam, headworks to the Dodson 
     South Canal, and Dodson South Canal, are located, and more 
     particularly described as follows:
       (i) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 
     and 2.
       (ii) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13.
       (iii) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 
     18, 19, 20, and 29.
       (iv) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 
     26, 27, 35, and 36.
       (B) Clarification.--The supplemental plats described in 
     clauses (i) through (iv) of subparagraph (A) are official 
     plats, as documented by retracement boundary surveys of the 
     General Land Office, approved on March 11, 1938, and on 
     record at the Bureau of Land Management.
       (C) Technical corrections.--Notwithstanding the 
     descriptions of the parcels of Federal land in subparagraph 
     (A), the United States may, with the consent of the Fort 
     Belknap Indian Community, make technical corrections to the 
     legal land descriptions to more specifically identify the 
     parcels to be transferred.
       (4) Cooperative agreement.--Not later than 3 years after 
     the enforceability date, the Bureau of Reclamation, the Malta 
     Irrigation District, the Bureau of Indian Affairs, and the 
     Fort Belknap Indian Community shall negotiate and enter into 
     a cooperative agreement that identifies the uses to which the 
     Fort Belknap Indian Community may put the land described in 
     paragraph (3), provided that the cooperative agreement may be 
     amended by mutual agreement of the Fort Belknap Indian 
     Community, Bureau of Reclamation, the Malta Irrigation 
     District, and the Bureau of Indian Affairs, including to 
     modify the perpetual easement to narrow the boundaries of the 
     easement or to terminate the perpetual easement and 
     cooperative agreement.
       (e) Land Status.--All land held in trust by the United 
     States for the benefit of the Fort

[[Page S3795]]

     Belknap Indian Community under this section shall be--
       (1) beneficially owned by the Fort Belknap Indian 
     Community; and
       (2) part of the Reservation and administered in accordance 
     with the laws and regulations generally applicable to land 
     held in trust by the United States for the benefit of an 
     Indian Tribe.

     SEC. 11007. STORAGE ALLOCATION FROM LAKE ELWELL.

       (a) Storage Allocation of Water to Fort Belknap Indian 
     Community.--The Secretary shall allocate to the Fort Belknap 
     Indian Community 20,000 acre-feet per year of water stored in 
     Lake Elwell for use by the Fort Belknap Indian Community for 
     any beneficial purpose on or off the Reservation, under a 
     water right held by the United States and managed by the 
     Bureau of Reclamation for the benefit of the Fort Belknap 
     Indian Community, as measured and diverted at the outlet 
     works of the Tiber Dam or through direct pumping from Lake 
     Elwell.
       (b) Treatment.--
       (1) In general.--The allocation to the Fort Belknap Indian 
     Community under subsection (a) shall be considered to be part 
     of the Tribal water rights.
       (2) Priority date.--The priority date of the allocation to 
     the Fort Belknap Indian Community under subsection (a) shall 
     be the priority date of the Lake Elwell water right held by 
     the Bureau of Reclamation.
       (3) Administration.--The Fort Belknap Indian Community 
     shall administer the water allocated under subsection (a) in 
     accordance with the Compact and this division.
       (c) Allocation Agreement.--
       (1) In general.--As a condition of receiving the allocation 
     under this section, the Fort Belknap Indian Community shall 
     enter into an agreement with the Secretary to establish the 
     terms and conditions of the allocation, in accordance with 
     the Compact and this division.
       (2) Inclusions.--The agreement under paragraph (1) shall 
     include provisions establishing that--
       (A) the agreement shall be without limit as to term;
       (B) the Fort Belknap Indian Community, and not the United 
     States, shall be entitled to all consideration due to the 
     Fort Belknap Indian Community under any lease, contract, 
     exchange, or agreement entered into by the Fort Belknap 
     Indian Community pursuant to subsection (d);
       (C) the United States shall have no obligation to monitor, 
     administer, or account for--
       (i) any funds received by the Fort Belknap Indian Community 
     as consideration under any lease, contract, exchange, or 
     agreement entered into by the Fort Belknap Indian Community 
     pursuant to subsection (d); or
       (ii) the expenditure of those funds;
       (D) if the capacity or function of Lake Elwell facilities 
     are significantly reduced, or are anticipated to be 
     significantly reduced, for an extended period of time, the 
     Fort Belknap Indian Community shall have the same storage 
     rights as other storage contractors with respect to the 
     allocation under this section;
       (E) the costs associated with the construction of the 
     storage facilities at Tiber Dam allocable to the Fort Belknap 
     Indian Community shall be nonreimbursable;
       (F) no water service capital charge shall be due or payable 
     for any water allocated to the Fort Belknap Indian Community 
     under this section or the allocation agreement, regardless of 
     whether that water is delivered for use by the Fort Belknap 
     Indian Community or under a lease, contract, exchange, or by 
     agreement entered into by the Fort Belknap Indian Community 
     pursuant to subsection (d);
       (G) the Fort Belknap Indian Community shall not be required 
     to make payments to the United States for any water allocated 
     to the Fort Belknap Indian Community under this section or 
     the allocation agreement, except for each acre-foot of stored 
     water leased or transferred for industrial purposes as 
     described in subparagraph (H); and
       (H) for each acre-foot of stored water leased or 
     transferred by the Fort Belknap Indian Community for 
     industrial purposes--
       (i) the Fort Belknap Indian Community shall pay annually to 
     the United States an amount necessary to cover the 
     proportional share of the annual operations, maintenance, and 
     replacement costs allocable to the quantity of water leased 
     or transferred by the Fort Belknap Indian Community for 
     industrial purposes; and
       (ii) the annual payments of the Fort Belknap Indian 
     Community shall be reviewed and adjusted, as appropriate, to 
     reflect the actual operations, maintenance, and replacement 
     costs for Tiber Dam.
       (d) Agreement by Fort Belknap Indian Community.--The Fort 
     Belknap Indian Community may use, lease, contract, exchange, 
     or enter into other agreements for the use of the water 
     allocated to the Fort Belknap Indian Community under 
     subsection (a) if--
       (1) the use of water that is the subject of such an 
     agreement occurs within the Missouri River Basin; and
       (2) the agreement does not permanently alienate any water 
     allocated to the Fort Belknap Indian Community under that 
     subsection.
       (e) Effective Date.--The allocation under subsection (a) 
     takes effect on the enforceability date.
       (f) No Carryover Storage.--The allocation under subsection 
     (a) shall not be increased by any year-to-year carryover 
     storage.
       (g) Development and Delivery Costs.--The United States 
     shall not be required to pay the cost of developing or 
     delivering any water allocated under this section.

     SEC. 11008. MILK RIVER PROJECT MITIGATION.

       (a) In General.--In complete satisfaction of the Milk River 
     Project mitigation requirements provided for in Article VI.B. 
     of the Compact, the Secretary, acting through the 
     Commissioner--
       (1) in cooperation with the State and the Blackfeet Tribe, 
     shall carry out appropriate activities concerning the 
     restoration of the St. Mary Canal and associated facilities, 
     including activities relating to the--
       (A) planning and design to restore the St. Mary Canal and 
     appurtenances to convey 850 cubic-feet per second; and
       (B) rehabilitating, constructing, and repairing of the St. 
     Mary Canal and appurtenances; and
       (2) in cooperation with the State and the Fort Belknap 
     Indian Community, shall carry out appropriate activities 
     concerning the enlargement of Dodson South Canal and 
     associated facilities, including activities relating to the--
       (A) planning and design to enlarge Dodson South Canal and 
     headworks at the upstream end of Dodson South Canal to divert 
     and convey 700 cubic-feet per second; and
       (B) rehabilitating, constructing, and enlarging the Dodson 
     South Canal and headworks at the upstream end of Dodson South 
     Canal to divert and convey 700 cubic-feet per second.
       (b) Funding.--The total amount of obligations incurred by 
     the Secretary, prior to any adjustments provided for in 
     section 11014(b), shall not exceed $300,000,000 to carry out 
     activities described in subsection (c)(1).
       (c) Satisfaction of Mitigation Requirement.--
     Notwithstanding any provision of the Compact, the mitigation 
     required by Article VI.B. of the Compact shall be deemed 
     satisfied if--
       (1) the Secretary has--
       (A) restored the St. Mary Canal and associated facilities 
     to convey 850 cubic-feet per second; and
       (B) enlarged the Dodson South Canal and headworks at the 
     upstream end of Dodson South Canal to divert and convey 700 
     cubic-feet per second; or
       (2) the Secretary--
       (A) has expended all of the available funding provided 
     pursuant to section 11014(a)(1)(D) to rehabilitate the St. 
     Mary Canal and enlarge the Dodson South Canal; and
       (B) despite diligent efforts, could not complete the 
     activities described in subsection (a).
       (d) Nonreimbursability of Costs.--The costs to the 
     Secretary of carrying out this section shall be 
     nonreimbursable.

     SEC. 11009. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary shall rehabilitate, modernize, 
     and expand the Fort Belknap Indian Irrigation Project, as 
     generally described in the document of Natural Resources 
     Consulting Engineers, Inc., entitled ``Fort Belknap Indian 
     Community Comprehensive Water Development Plan'' and dated 
     February 2019, which shall include--
       (1) planning, studies, and designing of the existing and 
     expanded Milk River unit, including the irrigation system, 
     Pumping Plant, delivery pipe and canal, Fort Belknap Dam and 
     Reservoir, and Peoples Creek Flood Protection Project;
       (2) the rehabilitation, modernization, and construction of 
     the existing Milk River unit; and
       (3) construction of the expanded Milk River unit, including 
     the irrigation system, Pumping Plant, delivery pipe and 
     canal, Fort Belknap Dam and Reservoir, and Peoples Creek 
     Flood Protection Project.
       (b) Lead Agency.--The Bureau of Indian Affairs, in 
     coordination with the Bureau of Reclamation, shall serve as 
     the lead agency with respect to any activities carried out 
     under this section.
       (c) Consultation With the Fort Belknap Indian Community.--
     The Secretary shall consult with the Fort Belknap Indian 
     Community on appropriate changes to the final design and 
     costs of any activity under this section.
       (d) Funding.--The total amount of obligations incurred by 
     the Secretary in carrying out this section, prior to any 
     adjustment provided for in section 11014(b), shall not exceed 
     $415,832,153.
       (e) Nonreimbursability of Costs.--All costs incurred by the 
     Secretary in carrying out this section shall be 
     nonreimbursable.
       (f) Administration.--The Secretary and the Fort Belknap 
     Indian Community shall negotiate the cost of any oversight 
     activity carried out by the Bureau of Indian Affairs or the 
     Bureau of Reclamation under any agreement entered into under 
     subsection (j), subject to the condition that the total cost 
     for the oversight shall not exceed 3 percent of the total 
     project costs for each project.
       (g) Project Management Committee.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary shall 
     facilitate the formation of a project management committee 
     composed of representatives of the Bureau of Indian Affairs, 
     the Bureau of Reclamation, and the Fort Belknap Indian 
     Community--
       (1) to review and make recommendations relating to cost 
     factors, budgets, and implementing the activities for 
     rehabilitating, modernizing, and expanding the Fort Belknap 
     Indian Irrigation Project; and

[[Page S3796]]

       (2) to improve management of inherently governmental 
     activities through enhanced communication.
       (h) Project Efficiencies.--If the total cost of planning, 
     studies, design, rehabilitation, modernization, and 
     construction activities relating to the projects described in 
     subsection (a) results in cost savings and is less than the 
     amounts authorized to be obligated, the Secretary, at the 
     request of the Fort Belknap Indian Community, shall deposit 
     those savings in the Fort Belknap Indian Community Water 
     Resources and Water Rights Administration, Operation, and 
     Maintenance Account established under section 11012(b)(2).
       (i) Treatment.--Any activities carried out pursuant to this 
     section that result in improvements, additions, or 
     modifications to the Fort Belknap Indian Irrigation Project 
     shall--
       (1) become a part of the Fort Belknap Indian Irrigation 
     Project; and
       (2) be recorded in the inventory of the Secretary relating 
     to the Fort Belknap Indian Irrigation Project.
       (j) Applicability of ISDEAA.--At the request of the Fort 
     Belknap Indian Community, and in accordance with the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5301 et seq.), the Secretary shall enter into agreements with 
     the Fort Belknap Indian Community to carry out all or a 
     portion of this section.
       (k) Effect.--Nothing in this section--
       (1) alters any applicable law under which the Bureau of 
     Indian Affairs collects assessments or carries out the 
     operations and maintenance of the Fort Belknap Indian 
     Irrigation Project; or
       (2) impacts the availability of amounts under section 
     11014.
       (l) Satisfaction of Fort Belknap Indian Irrigation Project 
     System Requirement.--The obligations of the Secretary under 
     subsection (a) shall be deemed satisfied if the Secretary--
       (1) has rehabilitated, modernized, and expanded the Fort 
     Belknap Indian Irrigation Project in accordance with 
     subsection (a); or
       (2)(A) has expended all of the available funding provided 
     pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 
     11014(a); and
       (B) despite diligent efforts, could not complete the 
     activities described in subsection (a).

     SEC. 11010. SATISFACTION OF CLAIMS.

       (a) In General.--The benefits provided under this division 
     shall be in complete replacement of, complete substitution 
     for, and full satisfaction of any claim of the Fort Belknap 
     Indian Community against the United States that is waived and 
     released by the Fort Belknap Indian Community under section 
     11011(a).
       (b) Allottees.--The benefits realized by the allottees 
     under this division shall be in complete replacement of, 
     complete substitution for, and full satisfaction of--
       (1) all claims waived and released by the United States 
     (acting as trustee for the allottees) under section 
     11011(a)(2); and
       (2) any claims of the allottees against the United States 
     similar to the claims described in section 11011(a)(2) that 
     the allottee asserted or could have asserted.

     SEC. 11011. WAIVERS AND RELEASES OF CLAIMS.

       (a) In General.--
       (1) Waiver and release of claims by the fort belknap indian 
     community and united states as trustee for the fort belknap 
     indian community.--Subject to the reservation of rights and 
     retention of claims under subsection (d), as consideration 
     for recognition of the Tribal water rights and other benefits 
     described in the Compact and this division, the Fort Belknap 
     Indian Community, acting on behalf of the Fort Belknap Indian 
     Community and members of the Fort Belknap Indian Community 
     (but not any member of the Fort Belknap Indian Community as 
     an allottee), and the United States, acting as trustee for 
     the Fort Belknap Indian Community and the members of the Fort 
     Belknap Indian Community (but not any member of the Fort 
     Belknap Indian Community as an allottee), shall execute a 
     waiver and release of all claims for water rights within the 
     State that the Fort Belknap Indian Community, or the United 
     States acting as trustee for the Fort Belknap Indian 
     Community, asserted or could have asserted in any proceeding, 
     including a State stream adjudication, on or before the 
     enforceability date, except to the extent that such rights 
     are recognized in the Compact and this division.
       (2) Waiver and release of claims by the united states as 
     trustee for allottees.--Subject to the reservation of rights 
     and the retention of claims under subsection (d), as 
     consideration for recognition of the Tribal water rights and 
     other benefits described in the Compact and this division, 
     the United States, acting as trustee for the allottees, shall 
     execute a waiver and release of all claims for water rights 
     within the Reservation that the United States, acting as 
     trustee for the allottees, asserted or could have asserted in 
     any proceeding, including a State stream adjudication, on or 
     before the enforceability date, except to the extent that 
     such rights are recognized in the Compact and this division.
       (3) Waiver and release of claims by the fort belknap indian 
     community against the united states.--Subject to the 
     reservation of rights and retention of claims under 
     subsection (d), the Fort Belknap Indian Community, acting on 
     behalf of the Fort Belknap Indian Community and members of 
     the Fort Belknap Indian Community (but not any member of the 
     Fort Belknap Indian Community as an allottee), shall execute 
     a waiver and release of all claims against the United States 
     (including any agency or employee of the United States)--
       (A) first arising before the enforceability date relating 
     to--
       (i) water rights within the State that the United States, 
     acting as trustee for the Fort Belknap Indian Community, 
     asserted or could have asserted in any proceeding, including 
     a general stream adjudication in the State, except to the 
     extent that such rights are recognized as Tribal water rights 
     under this division;
       (ii) foregone benefits from nontribal use of water, on and 
     off the Reservation (including water from all sources and for 
     all uses);
       (iii) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights, 
     including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion of, 
     or taking of water, or claims relating to a failure to 
     protect, acquire, replace, or develop water, water rights, or 
     water infrastructure) within the State;
       (iv) a failure to establish or provide a municipal rural or 
     industrial water delivery system on the Reservation;
       (v) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of the Fort Belknap Indian Irrigation Project and 
     other Federal land and facilities (including damages, losses, 
     or injuries to Tribal fisheries, fish habitat, wildlife, and 
     wildlife habitat);
       (vi) a failure to provide for operation and maintenance, or 
     deferred maintenance, for the Fort Belknap Indian Irrigation 
     Project or any other irrigation system or irrigation project;
       (vii) the litigation of claims relating to any water rights 
     of the Fort Belknap Indian Community in the State;
       (viii) the negotiation, execution, or adoption of the 
     Compact (including appendices) and this division;
       (ix) the taking or acquisition of land or resources of the 
     Fort Belknap Indian Community for the construction or 
     operation of the Fort Belknap Indian Irrigation Project or 
     the Milk River Project; and
       (x) the allocation of water of the Milk River and the St. 
     Mary River (including tributaries) between the United States 
     and Canada pursuant to the International Boundary Waters 
     Treaty of 1909 (36 Stat. 2448); and
       (B) relating to damage, loss, or injury to water, water 
     rights, land, or natural resources due to mining activities 
     in the Little Rockies Mountains prior to the date of trust 
     acquisition, including damages, losses, or injuries to 
     hunting, fishing, gathering, or cultural rights.
       (b) Effectiveness.--The waivers and releases under 
     subsection (a) shall take effect on the enforceability date.
       (c) Objections in Montana Water Court.--Nothing in this 
     division or the Compact prohibits the Fort Belknap Indian 
     Community, a member of the Fort Belknap Indian Community, an 
     allottee, or the United States in any capacity from objecting 
     to any claim to a water right filed in any general stream 
     adjudication in the Montana Water Court.
       (d) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases under subsection 
     (a), the Fort Belknap Indian Community, acting on behalf of 
     the Fort Belknap Indian Community and members of the Fort 
     Belknap Indian Community, and the United States, acting as 
     trustee for the Fort Belknap Indian Community and the 
     allottees shall retain--
       (1) all claims relating to--
       (A) the enforcement of water rights recognized under the 
     Compact, any final court decree relating to those water 
     rights, or this division or to water rights accruing on or 
     after the enforceability date;
       (B) the quality of water under--
       (i) CERCLA, including damages to natural resources;
       (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (iii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.); and
       (iv) any regulations implementing the Acts described in 
     clauses (i) through (iii);
       (C) damage, loss, or injury to land or natural resources 
     that are--
       (i) not due to loss of water or water rights (including 
     hunting, fishing, gathering, or cultural rights); and
       (ii) not described in subsection (a)(3); and
       (D) an action to prevent any person or party (as defined in 
     sections 29 and 30 of Article II of the Compact) from 
     interfering with the enjoyment of the Tribal water rights;
       (2) all claims relating to off-Reservation hunting rights, 
     fishing rights, gathering rights, or other rights;
       (3) all claims relating to the right to use and protect 
     water rights acquired after the date of enactment of this 
     Act;
       (4) all claims relating to the allocation of waters of the 
     Milk River and the Milk River Project between the Fort 
     Belknap Indian Community and the Blackfeet Tribe, pursuant to 
     section 3705(e)(3) of the Blackfeet Water Rights Settlement 
     Act (Public Law 114-322; 130 Stat. 1818);
       (5) all claims relating to the enforcement of this 
     division, including the required transfer of land under 
     section 11006; and

[[Page S3797]]

       (6) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to this 
     division or the Compact.
       (e) Effect of Compact and Division.--Nothing in the Compact 
     or this division--
       (1) affects the authority of the Fort Belknap Indian 
     Community to enforce the laws of the Fort Belknap Indian 
     Community, including with respect to environmental 
     protections;
       (2) affects the ability of the United States, acting as 
     sovereign, to carry out any activity authorized by law, 
     including--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (C) CERCLA; and
       (D) any regulations implementing the Acts described in 
     subparagraphs (A) through (C);
       (3) affects the ability of the United States to act as 
     trustee for any other Indian Tribe or an allottee of any 
     other Indian Tribe;
       (4) confers jurisdiction on any State court--
       (A) to interpret Federal law relating to health, safety, or 
     the environment;
       (B) to determine the duties of the United States or any 
     other party under Federal law relating to health, safety, or 
     the environment; or
       (C) to conduct judicial review of any Federal agency 
     action;
       (5) waives any claim of a member of the Fort Belknap Indian 
     Community in an individual capacity that does not derive from 
     a right of the Fort Belknap Indian Community;
       (6) revives any claim adjudicated in the decision in Gros 
     Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); 
     or
       (7) revives any claim released by an allottee or member of 
     the Fort Belknap Indian Community in the settlement in Cobell 
     v. Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
       (f) Enforceability Date.--The enforceability date shall be 
     the date on which the Secretary publishes in the Federal 
     Register a statement of findings that--
       (1) the eligible members of the Fort Belknap Indian 
     Community have voted to approve this division and the Compact 
     by a majority of votes cast on the day of the vote;
       (2)(A) the Montana Water Court has approved the Compact in 
     a manner from which no further appeal may be taken; or
       (B) if the Montana Water Court is found to lack 
     jurisdiction, the appropriate district court of the United 
     States has approved the Compact as a consent decree from 
     which no further appeal may be taken;
       (3) all of the amounts authorized to be appropriated under 
     section 11014 have been appropriated and deposited in the 
     designated accounts;
       (4) the Secretary and the Fort Belknap Indian Community 
     have executed the allocation agreement described in section 
     11007(c)(1);
       (5) the State has provided the required funding into the 
     Fort Belknap Indian Community Tribal Irrigation and Other 
     Water Resources Development Account of the Trust Fund 
     pursuant to section 11014(a)(3); and
       (6) the waivers and releases under subsection (a) have been 
     executed by the Fort Belknap Indian Community and the 
     Secretary.
       (g) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the 
     enforceability date.
       (2) Effect of subsection.--Nothing in this subsection 
     revives any claim or tolls any period of limitations or time-
     based equitable defense that expired before the date of 
     enactment of this Act.
       (h) Expiration.--
       (1) In general.--This division shall expire in any case in 
     which--
       (A) the amounts authorized to be appropriated by this 
     division have not been made available to the Secretary by not 
     later than--
       (i) January 21, 2034; and
       (ii) such alternative later date as is agreed to by the 
     Fort Belknap Indian Community and the Secretary; or
       (B) the Secretary fails to publish a statement of findings 
     under subsection (f) by not later than--
       (i) January 21, 2035; and
       (ii) such alternative later date as is agreed to by the 
     Fort Belknap Indian Community and the Secretary, after 
     providing reasonable notice to the State.
       (2) Consequences.--If this division expires under paragraph 
     (1)--
       (A) the waivers and releases under subsection (a) shall--
       (i) expire; and
       (ii) have no further force or effect;
       (B) the authorization, ratification, confirmation, and 
     execution of the Compact under section 11004 shall no longer 
     be effective;
       (C) any action carried out by the Secretary, and any 
     contract or agreement entered into, pursuant to this division 
     shall be void;
       (D) any unexpended Federal funds appropriated or made 
     available to carry out the activities authorized by this 
     division, together with any interest earned on those funds, 
     and any water rights or contracts to use water and title to 
     other property acquired or constructed with Federal funds 
     appropriated or made available to carry out the activities 
     authorized by this division shall be returned to the Federal 
     Government, unless otherwise agreed to by the Fort Belknap 
     Indian Community and the United States and approved by 
     Congress; and
       (E) except for Federal funds used to acquire or construct 
     property that is returned to the Federal Government under 
     subparagraph (D), the United States shall be entitled to 
     offset any Federal funds made available to carry out this 
     division that were expended or withdrawn, or any funds made 
     available to carry out this division from other Federal 
     authorized sources, together with any interest accrued on 
     those funds, against any claims against the United States--
       (i) relating to--

       (I) water rights in the State asserted by--

       (aa) the Fort Belknap Indian Community; or
       (bb) any user of the Tribal water rights; or

       (II) any other matter described in subsection (a)(3); or

       (ii) in any future settlement of water rights of the Fort 
     Belknap Indian Community or an allottee.

     SEC. 11012. AANIIIH NAKODA SETTLEMENT TRUST FUND.

       (a) Establishment.--The Secretary shall establish a trust 
     fund for the Fort Belknap Indian Community, to be known as 
     the ``Aaniiih Nakoda Settlement Trust Fund'', to be managed, 
     invested, and distributed by the Secretary and to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury, consisting of the amounts 
     deposited in the Trust Fund under subsection (c), together 
     with any investment earnings, including interest, earned on 
     those amounts, for the purpose of carrying out this division.
       (b) Accounts.--The Secretary shall establish in the Trust 
     Fund the following accounts:
       (1) The Fort Belknap Indian Community Tribal Irrigation and 
     Other Water Resources Development Account.
       (2) The Fort Belknap Indian Community Water Resources and 
     Water Rights Administration, Operation, and Maintenance 
     Account.
       (3) The Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Fort Belknap Indian Community Tribal Irrigation 
     and Other Water Resources Development Account established 
     under subsection (b)(1), the amounts made available pursuant 
     to paragraphs (1)(A) and (2)(A)(i) of section 11014(a);
       (2) in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account established under subsection (b)(2), the amounts made 
     available pursuant to section 11014(a)(2)(A)(ii); and
       (3) in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account established under subsection (b)(3), the amounts made 
     available pursuant to paragraphs (1)(B) and (2)(A)(iii) of 
     section 11014(a).
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of the funds into 
     the accounts in the Trust Fund pursuant to subsection (c), 
     the Secretary shall manage, invest, and distribute all 
     amounts in the Trust Fund in accordance with the investment 
     authority of the Secretary under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this section.
       (2) Investment earnings.--In addition to the amounts 
     deposited under subsection (c), any investment earnings, 
     including interest, credited to amounts held in the Trust 
     Fund shall be available for use in accordance with 
     subsections (e) and (g).
       (e) Availability of Amounts.--
       (1) In general.--Amounts appropriated to, and deposited in, 
     the Trust Fund, including any investment earnings, including 
     interest, earned on those amounts shall be made available--
       (A) to the Fort Belknap Indian Community by the Secretary 
     beginning on the enforceability date; and
       (B) subject to the uses and restrictions in this section.
       (2) Exceptions.--Notwithstanding paragraph (1)--
       (A) amounts deposited in the Fort Belknap Indian Community 
     Tribal Irrigation and Other Water Resources Development 
     Account established under subsection (b)(1) shall be 
     available to the Fort Belknap Indian Community on the date on 
     which the amounts are deposited for uses described in 
     subparagraph (A) and (B) of subsection (g)(1);
       (B) amounts deposited in the Fort Belknap Indian Community 
     Water Resources and Water Rights Administration, Operation, 
     and Maintenance Account established under subsection (b)(2) 
     shall be made available to the Fort Belknap Indian Community 
     on the date on which the amounts are deposited and the Fort 
     Belknap Indian Community has satisfied the requirements of 
     section 11011(f)(1), for the uses described in subsection 
     (g)(2)(A); and
       (C) amounts deposited in the Fort Belknap Indian Community 
     Clean and Safe Domestic Water and Sewer Systems, and Lake 
     Elwell Project Account established under subsection (b)(3) 
     shall be available to the Fort

[[Page S3798]]

     Belknap Indian Community on the date on which the amounts are 
     deposited for the uses described in subsection (g)(3)(A).
       (f) Withdrawals.--
       (1) American indian trust fund management reform act of 
     1994.--
       (A) In general.--The Fort Belknap Indian Community may 
     withdraw any portion of the funds in the Trust Fund on 
     approval by the Secretary of a Tribal management plan 
     submitted by the Fort Belknap Indian Community in accordance 
     with the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this paragraph shall require that the Fort Belknap Indian 
     Community spend all amounts withdrawn from the Trust Fund, 
     and any investment earnings accrued through the investments 
     under the Tribal management plan, in accordance with this 
     division.
       (C) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary--
       (i) to enforce the Tribal management plan; and
       (ii) to ensure that amounts withdrawn from the Trust Fund 
     by the Fort Belknap Indian Community under this paragraph are 
     used in accordance with this division.
       (2) Withdrawals under expenditure plan.--
       (A) In general.--The Fort Belknap Indian Community may 
     submit to the Secretary a request to withdraw funds from the 
     Trust Fund pursuant to an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this paragraph, the Fort Belknap 
     Indian Community shall submit to the Secretary for approval 
     an expenditure plan for any portion of the Trust Fund that 
     the Fort Belknap Indian Community elects to withdraw pursuant 
     to this paragraph, subject to the condition that the funds 
     shall be used for the purposes described in this division.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Trust 
     Fund will be used by the Fort Belknap Indian Community in 
     accordance with subsections (e) and (g).
       (D) Approval.--On receipt of an expenditure plan under this 
     paragraph, the Secretary shall approve the expenditure plan 
     if the Secretary determines that the expenditure plan--
       (i) is reasonable; and
       (ii) is consistent with, and will be used for, the purposes 
     of this division.
       (E) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan under this paragraph 
     to ensure that amounts disbursed under this paragraph are 
     used in accordance with this division.
       (g) Uses.--Amounts from the Trust Fund shall be used by the 
     Fort Belknap Indian Community for the following purposes:
       (1) Fort belknap indian community tribal irrigation and 
     other water resources development account.--Amounts in the 
     Fort Belknap Indian Community Tribal Irrigation and Other 
     Water Resources Development Account established under 
     subsection (b)(1) shall be used to pay the cost of activities 
     relating to--
       (A) planning, studies, and design of the Southern Tributary 
     Irrigation Project and the Peoples Creek Irrigation Project, 
     including the Upper Peoples Creek Dam and Reservoir, as 
     generally described in the document of Natural Resources 
     Consulting Engineers, Inc., entitled ``Fort Belknap Indian 
     Community Comprehensive Water Development Plan'' and dated 
     February 2019;
       (B) environmental compliance;
       (C) construction of the Southern Tributary Irrigation 
     Project and the Peoples Creek Irrigation Project, including 
     the Upper Peoples Creek Dam and Reservoir;
       (D) wetlands restoration and development;
       (E) stock watering infrastructure; and
       (F) on farm development support and reacquisition of fee 
     lands within the Fort Belknap Indian Irrigation Project and 
     Fort Belknap Indian Community irrigation projects within the 
     Reservation.
       (2) Fort belknap indian community water resources and water 
     rights administration, operation, and maintenance account.--
     Amounts in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account established under subsection (b)(2), the principal 
     and investment earnings, including interest, may only be used 
     by the Fort Belknap Indian Community to pay the costs of 
     activities described in subparagraphs (A) through (C) as 
     follows:
       (A) $9,000,000 shall be used for the establishment, 
     operation, and capital expenditures in connection with the 
     administration of the Tribal water resources and water rights 
     development, including the development or enactment of a 
     Tribal water code.
       (B) Only investment earnings, including interest, on 
     $29,299,059 shall be used and be available to pay the costs 
     of activities for administration, operations, and regulation 
     of the Tribal water resources and water rights department, in 
     accordance with the Compact and this division.
       (C) Only investment earnings, including interest, on 
     $28,331,693 shall be used and be available to pay the costs 
     of activities relating to a portion of the annual assessment 
     costs for the Fort Belknap Indian Community and Tribal 
     members, including allottees, under the Fort Belknap Indian 
     Irrigation Project and Fort Belknap Indian Community 
     irrigation projects within the Reservation.
       (3) Fort belknap indian community clean and safe domestic 
     water and sewer systems, and lake elwell project account.--
     Amounts in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account established under subsection (b)(3), the principal 
     and investment earnings, including interest, may only be used 
     by the Fort Belknap Indian Community to pay the costs of 
     activities relating to--
       (A) planning, studies, design, and environmental compliance 
     of domestic water supply, and sewer collection and treatment 
     systems, as generally described in the document of Natural 
     Resources Consulting Engineers, Inc., entitled ``Fort Belknap 
     Indian Community Comprehensive Water Development Plan'' and 
     dated February 2019, including the Lake Elwell Project water 
     delivery to the southern part of the Reservation;
       (B) construction of domestic water supply, sewer 
     collection, and treatment systems;
       (C) construction, in accordance with applicable law, of 
     infrastructure for delivery of Lake Elwell water diverted 
     from the Missouri River to the southern part of the 
     Reservation; and
       (D) planning, studies, design, environmental compliance, 
     and construction of a Tribal wellness center for a work force 
     health and wellbeing project.
       (h) Liability.--The Secretary shall not be liable for any 
     expenditure or investment of amounts withdrawn from the Trust 
     Fund by the Fort Belknap Indian Community pursuant to 
     subsection (f).
       (i) Project Efficiencies.--If the total cost of the 
     activities described in subsection (g) results in cost 
     savings and is less than the amounts authorized to be 
     obligated under any of paragraphs (1) through (3) of that 
     subsection required to carry out those activities, the 
     Secretary, at the request of the Fort Belknap Indian 
     Community, shall deposit those savings in the Trust Fund to 
     be used in accordance with that subsection.
       (j) Annual Report.--The Fort Belknap Indian Community shall 
     submit to the Secretary an annual expenditure report 
     describing accomplishments and amounts spent from use of 
     withdrawals under a Tribal management plan or an expenditure 
     plan described in this section.
       (k) No Per Capita Payments.--No principal or interest 
     amount in any account established by this section shall be 
     distributed to any member of the Fort Belknap Indian 
     Community on a per capita basis.
       (l) Effect.--Nothing in this division entitles the Fort 
     Belknap Indian Community to judicial review of a 
     determination of the Secretary regarding whether to approve a 
     Tribal management plan under subsection (f)(1) or an 
     expenditure plan under subsection (f)(2), except as provided 
     under subchapter II of chapter 5, and chapter 7, of title 5, 
     United States Code (commonly known as the ``Administrative 
     Procedure Act'').

     SEC. 11013. FORT BELKNAP INDIAN COMMUNITY WATER SETTLEMENT 
                   IMPLEMENTATION FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a non-trust, interest-bearing account to be 
     known as the ``Fort Belknap Indian Community Water Settlement 
     Implementation Fund'', to be managed and distributed by the 
     Secretary, for use by the Secretary for carrying out this 
     division.
       (b) Accounts.--The Secretary shall establish in the 
     Implementation Fund the following accounts:
       (1) The Fort Belknap Indian Irrigation Project System 
     Account.
       (2) The Milk River Project Mitigation Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Fort Belknap Indian Irrigation Project System 
     Account established under subsection (b)(1), the amount made 
     available pursuant to paragraphs (1)(C) and (2)(A)(iv) of 
     section 11014(a); and
       (2) in the Milk River Project Mitigation Account 
     established under subsection (b)(2), the amount made 
     available pursuant to section 11014(a)(1)(D).
       (d) Uses.--
       (1) Fort belknap indian irrigation project system 
     account.--The Fort Belknap Indian Irrigation Project 
     Rehabilitation Account established under subsection (b)(1) 
     shall be used to carry out section 11009, except as provided 
     in subsection (h) of that section.
       (2) Milk river project mitigation account.--The Milk River 
     Project Mitigation Account established under subsection 
     (b)(2) may only be used to carry out section 11008.
       (e) Management.--
       (1) In general.--Amounts in the Implementation Fund shall 
     not be available to the Secretary for expenditure until the 
     enforceability date.
       (2) Exception.--Notwithstanding paragraph (1), amounts 
     deposited in the Fort Belknap Indian Irrigation Project 
     System Account established under subsection (b)(1) shall be 
     available to the Secretary on the date on which the amounts 
     are deposited for uses described in paragraphs (1) and (2) of 
     section 11009(a).

[[Page S3799]]

       (f) Interest.--In addition to the deposits under subsection 
     (c), any interest credited to amounts unexpended in the 
     Implementation Fund are authorized to be appropriated to be 
     used in accordance with the uses described in subsection (d).

     SEC. 11014. FUNDING.

       (a) Funding.--
       (1) Authorization of appropriations.--Subject to subsection 
     (b), there are authorized to be appropriated to the 
     Secretary--
       (A) for deposit in the Fort Belknap Indian Community Tribal 
     Irrigation and Other Water Resources Development Account of 
     the Trust Fund established under section 11012(b)(1), 
     $89,643,100, to be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury;
       (B) for deposit in the Fort Belknap Indian Community Clean 
     and Safe Domestic Water and Sewer Systems, and Lake Elwell 
     Project Account of the Trust Fund established under section 
     11012(b)(3), $331,885,220, to be retained until expended, 
     withdrawn, or reverted to the general fund of the Treasury;
       (C) for deposit in the Fort Belknap Indian Irrigation 
     Project System Account of the Implementation Fund established 
     under section 11013(b)(1), such sums as are necessary, but 
     not more than $187,124,469, for the Secretary to carry out 
     section 11009, to be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury; and
       (D) for deposit in the Milk River Project Mitigation 
     Account of the Implementation Fund established under section 
     11013(b)(2), such sums as are necessary, but not more than 
     $300,000,000, for the Secretary to carry out obligations of 
     the Secretary under section 11008, to be retained until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury.
       (2) Mandatory appropriations.--
       (A) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     deposit--
       (i) in the Fort Belknap Indian Community Tribal Irrigation 
     and Other Water Resources Development Account of the Trust 
     Fund established under section 11012(b)(1), $29,881,034, to 
     be retained until expended, withdrawn, or reverted to the 
     general fund of the Treasury;
       (ii) in the Fort Belknap Indian Community Water Resources 
     and Water Rights Administration, Operation, and Maintenance 
     Account of the Trust Fund established under section 
     11012(b)(2), $66,630,752;
       (iii) in the Fort Belknap Indian Community Clean and Safe 
     Domestic Water and Sewer Systems, and Lake Elwell Project 
     Account of the Trust Fund established under section 
     11012(b)(3), $110,628,407; and
       (iv) in the Fort Belknap Indian Irrigation Project System 
     Account of the Implementation Fund established under section 
     11013(b)(1), $228,707,684.
       (B) Availability.--Amounts deposited in the accounts under 
     subparagraph (A) shall be available without further 
     appropriation.
       (3) State cost share.--The State shall contribute 
     $5,000,000, plus any earned interest, payable to the 
     Secretary for deposit in the Fort Belknap Indian Community 
     Tribal Irrigation and Other Water Resources Development 
     Account of the Trust Fund established under section 
     11012(b)(1) on approval of a final decree by the Montana 
     Water Court for the purpose of activities relating to the 
     Upper Peoples Creek Dam and Reservoir under subparagraphs (A) 
     through (C) of section 11012(g)(1).
       (b) Fluctuation in Costs.--
       (1) In general.--The amounts authorized to be appropriated 
     under paragraphs (1) and (2) of subsection (a) and this 
     subsection shall be--
       (A) increased or decreased, as appropriate, by such amounts 
     as may be justified by reason of ordinary fluctuations in 
     costs occurring after the date of enactment of this Act as 
     indicated by the Bureau of Reclamation Construction Cost 
     Index--Composite Trend; and
       (B) adjusted to address construction cost changes necessary 
     to account for unforeseen market volatility that may not 
     otherwise be captured by engineering cost indices as 
     determined by the Secretary, including repricing applicable 
     to the types of construction and current industry standards 
     involved.
       (2) Repetition.--The adjustment process under paragraph (1) 
     shall be repeated for each subsequent amount appropriated 
     until the amount authorized to be appropriated under 
     subsection (a), as adjusted, has been appropriated.
       (3) Period of indexing.--
       (A) Trust fund.--With respect to the Trust Fund, the period 
     of indexing adjustment under paragraph (1) for any increment 
     of funding shall end on the date on which the funds are 
     deposited into the Trust Fund.
       (B) Implementation fund.--With respect to the 
     Implementation Fund, the period of adjustment under paragraph 
     (1) for any increment of funding shall be annually.

     SEC. 11015. MISCELLANEOUS PROVISIONS.

       (a) Waiver of Sovereign Immunity by the United States.--
     Except as provided in subsections (a) through (c) of section 
     208 of the Department of Justice Appropriation Act, 1953 (43 
     U.S.C. 666), nothing in this division waives the sovereign 
     immunity of the United States.
       (b) Other Tribes Not Adversely Affected.--Nothing in this 
     division quantifies or diminishes any land or water right, or 
     any claim or entitlement to land or water, of an Indian 
     Tribe, band, or community other than the Fort Belknap Indian 
     Community.
       (c) Elimination of Debts or Liens Against Allotments of the 
     Fort Belknap Indian Community Members Within the Fort Belknap 
     Indian Irrigation Project.--On the date of enactment of this 
     Act, the Secretary shall cancel and eliminate all debts or 
     liens against the allotments of land held by the Fort Belknap 
     Indian Community and the members of the Fort Belknap Indian 
     Community due to construction assessments and annual 
     operation and maintenance charges relating to the Fort 
     Belknap Indian Irrigation Project.
       (d) Effect on Current Law.--Nothing in this division 
     affects any provision of law (including regulations) in 
     effect on the day before the date of enactment of this Act 
     with respect to pre-enforcement review of any Federal 
     environmental enforcement action.
       (e) Effect on Reclamation Laws.--The activities carried out 
     by the Commissioner under this division shall not establish a 
     precedent or impact the authority provided under any other 
     provision of the reclamation laws, including--
       (1) the Reclamation Rural Water Supply Act of 2006 (43 
     U.S.C. 2401 et seq.); and
       (2) the Omnibus Public Land Management Act of 2009 (Public 
     Law 111-11; 123 Stat. 991).
       (f) Additional Funding.--Nothing in this division prohibits 
     the Fort Belknap Indian Community from seeking--
       (1) additional funds for Tribal programs or purposes; or
       (2) funding from the United States or the State based on 
     the status of the Fort Belknap Indian Community as an Indian 
     Tribe.
       (g) Rights Under State Law.--Except as provided in section 
     1 of Article III of the Compact (relating to the closing of 
     certain water basins in the State to new appropriations in 
     accordance with the laws of the State), nothing in this 
     division or the Compact precludes the acquisition or exercise 
     of a right arising under State law (as defined in section 6 
     of Article II of the Compact) to the use of water by the Fort 
     Belknap Indian Community, or a member or allottee of the Fort 
     Belknap Indian Community, outside the Reservation by--
       (1) purchase of the right; or
       (2) submitting to the State an application in accordance 
     with State law.
       (h) Water Storage and Importation.--Nothing in this 
     division or the Compact prevents the Fort Belknap Indian 
     Community from participating in any project to import water 
     to, or to add storage in, the Milk River Basin.

     SEC. 11016. ANTIDEFICIENCY.

       The United States shall not be liable for any failure to 
     carry out any obligation or activity authorized by this 
     division, including any obligation or activity under the 
     Compact, if--
       (1) adequate appropriations are not provided by Congress 
     expressly to carry out the purposes of this division; or
       (2) there are not enough funds available in the Reclamation 
     Water Settlements Fund established by section 10501(a) of the 
     Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)) 
     to carry out the purposes of this division.
                                 ______
                                 
  SA 1086. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ESTABLISHMENT OF OFFICE OF THE SPECIAL 
                   REPRESENTATIVE FOR CITY AND STATE DIPLOMACY.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a) is amended by adding at the end the 
     following new subsection:
       ``(n) Office of Special Representative for City and State 
     Diplomacy.--
       ``(1) In general.--There is established within the 
     Department of State an Office of the Special Representative 
     for City and State Diplomacy (in this subsection referred to 
     as the `Office').
       ``(2) Head.--The head of the Office shall be the Special 
     Representative for City and State Diplomacy, who shall--
       ``(A) have the rank and status of ambassador; and
       ``(B) be responsible for developing strategies to advise 
     and enhance subnational diplomacy throughout the United 
     States.
       ``(3) Duties.--
       ``(A) Principal duty.--The principal duty of the Special 
     Representative shall be providing the overall strategic 
     guidance of Department of State support for subnational 
     engagements by State and municipal governments with foreign 
     governments. The Special Representative shall be the 
     principal adviser to the Secretary of State on subnational 
     engagements, the principal official on such matters within 
     the senior management of the Department of State, and lead 
     coordinator on such matters for other relevant Federal 
     agencies.
       ``(B) Additional duties.--The additional duties of the 
     Special Representative shall include the following:
       ``(i) Providing strategic guidance for overall Department 
     of State policy and programs

[[Page S3800]]

     in support of subnational engagements by State and municipal 
     governments with foreign governments, including with respect 
     to the following:

       ``(I) Identifying policy, program, and funding 
     discrepancies among relevant Federal agencies regarding 
     subnational diplomacy engagement.
       ``(II) Advising on efforts to better align the Department 
     of State and other Federal agencies in support of such 
     engagements.

       ``(ii) Identifying areas of alignment between United States 
     foreign policy and State and municipal goals.
       ``(iii) Facilitating tools for State and municipal 
     officials to communicate with the United States public 
     regarding the breadth of international engagement by 
     subnational actors and the impact of diplomacy across the 
     United States.
       ``(iv) Building and facilitating linkages and networks 
     among State and municipal governments, and between State and 
     municipal governments and their foreign counterparts.
       ``(v) Under the direction of the Secretary, negotiating 
     agreements and memoranda of understanding with foreign 
     governments related to subnational engagements and 
     priorities.
       ``(vi) Supporting United States economic and other 
     interests through subnational engagements, in consultation 
     and coordination with the Department of Commerce, the 
     Department of the Treasury, the Office of the United States 
     Trade Representative, and other Federal agencies.
       ``(vii) Spearheading the engagement of the Department of 
     State with local elected officials, including mayors, 
     governors, city councilors, and other municipal leaders, both 
     in the United States and around the globe.
       ``(4) Coordination.--With respect to matters involving 
     trade promotion and inward investment facilitation, the 
     Office shall coordinate with and support the International 
     Trade Administration of the Department of Commerce as the 
     lead Federal agency for trade promotion and facilitation of 
     business investment in the United States.
       ``(5) Detailees.--
       ``(A) In general.--The Secretary of State, with respect to 
     employees of the Department of State, is authorized to detail 
     a member of the civil service or Foreign Service to State and 
     municipal governments on a reimbursable or nonreimbursable 
     basis. Such details shall be for a period not to exceed two 
     years, and shall be without interruption or loss of status or 
     privilege.
       ``(B) Responsibilities.--Detailees under subparagraph (A) 
     should carry out the following responsibilities:
       ``(i) Supporting the mission and objectives of the host 
     subnational government office.
       ``(ii) Advising State and municipal government officials 
     regarding questions of global affairs, foreign policy, 
     cooperative agreements, and public diplomacy.
       ``(iii) Coordinating activities relating to State and 
     municipal government subnational engagements with the 
     Department of State, including the Office, Department 
     leadership, and regional and functional bureaus of the 
     Department, as appropriate.
       ``(iv) Engaging Federal agencies regarding security, public 
     health, trade promotion, and other programs executed at the 
     State or municipal government level.
       ``(v) Any other duties requested by State and municipal 
     governments and approved by the Office.
       ``(C) Additional personnel support for subnational 
     engagement.--For the purposes of this subsection, the 
     Secretary of State--
       ``(i) is authorized to employ individuals by contract;
       ``(ii) is encouraged to make use of the re-hired annuitants 
     authority under section 3323 of title 5, United States Code, 
     particularly for annuitants who are already residing across 
     the United States who may have the skills and experience to 
     support subnational governments; and
       ``(iii) is encouraged to make use of authorities under the 
     Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et 
     seq.) to temporarily assign State and local government 
     officials to the Department of State or overseas missions to 
     increase their international experience and add their 
     perspectives on United States priorities to the Department.
       ``(6) Rule of construction.--Nothing in this subsection may 
     be construed as precluding--
       ``(A) the Office from being elevated to a bureau within the 
     Department of State; or
       ``(B) the Special Representative from being elevated to an 
     Assistant Secretary, if such an Assistant Secretary position 
     does not increase the number of Assistant Secretary positions 
     at the Department above the number authorized under 
     subsection (c)(1).
       ``(7) Definitions.--In this subsection:
       ``(A) Municipal.--The term `municipal' means, with respect 
     to the government of a municipality in the United States, a 
     municipality with a population of not fewer than 100,000 
     people.
       ``(B) State.--The term `State' means the 50 States, the 
     District of Columbia, and any territory or possession of the 
     United States.
       ``(C) Subnational engagement.--The term `subnational 
     engagement' means formal meetings or events between elected 
     officials of State or municipal governments and their foreign 
     counterparts.''.
                                 ______
                                 
  SA 1087. Mr. REED (for himself and Mr. Wicker) proposed an amendment 
to amendment SA 935 proposed by Mr. Schumer (for Mr. Reed (for himself 
and Mr. Wicker)) to the bill S. 2226, to authorize appropriations for 
fiscal year 2024 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; as follows:

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

     SEC. __. BRIEFING ON AIR NATIONAL GUARD ACTIVE ASSOCIATIONS.

       Not later than November 1, 2023, the Secretary of the Air 
     Force shall brief the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives on the potential increase in air refueling 
     capacity and cost savings, including manpower, to be achieved 
     by making all Air National Guard KC-135 units active 
     associations.
       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. __. INFORMING CONSUMERS ABOUT SMART DEVICES ACT.

       (a) Required Disclosure of a Camera or Recording Capability 
     in Certain Internet-connected Devices.--Each manufacturer of 
     a covered device shall disclose, clearly and conspicuously 
     and prior to purchase, whether the covered device 
     manufactured by the manufacturer contains a camera or 
     microphone as a component of the covered device.
       (b) Enforcement by the Federal Trade Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     subsection (a) shall be treated as a violation of a rule 
     defining an unfair or deceptive act or practice prescribed 
     under section 18(a)(1)(B) of the Federal Trade Commission Act 
     (15 U.S.C. 57a(a)(1)(B)).
       (2) Actions by the commission.--
       (A) In general.--The Federal Trade Commission (in this 
     section referred to as the ``Commission'') shall enforce this 
     section in the same manner, by the same means, and with the 
     same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this section.
       (B) Penalties and privileges.--Any person who violates this 
     section or a regulation promulgated under this section shall 
     be subject to the penalties and entitled to the privileges 
     and immunities provided in the Federal Trade Commission Act 
     (15 U.S.C. 41 et seq.).
       (C) Savings clause.--Nothing in this section shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (3) Commission guidance.--Not later than 180 days after the 
     date of enactment of this section, the Commission, through 
     outreach to relevant private entities, shall issue guidance 
     to assist manufacturers in complying with the requirements of 
     this section, including guidance about best practices for 
     making the disclosure required by subsection (a) as clear and 
     conspicuous and age appropriate as practicable and about best 
     practices for the use of a pictorial (as defined in section 
     2(a) of the Consumer Review Fairness Act of 2016 (15 U.S.C. 
     45b(a))) visual representation of the information to be 
     disclosed.
       (4) Tailored guidance.--A manufacturer of a covered device 
     may petition the Commission for tailored guidance as to how 
     to meet the requirements of subsection (a) consistent with 
     existing rules of practice or any successor rules.
       (5) Limitation on commission guidance.--No guidance issued 
     by the Commission with respect to this section shall confer 
     any rights on any person, State, or locality, nor shall 
     operate to bind the Commission or any person to the approach 
     recommended in such guidance. In any enforcement action 
     brought pursuant to this section, the Commission shall allege 
     a specific violation of a provision of this section. The 
     Commission may not base an enforcement action on, or execute 
     a consent order based on, practices that are alleged to be 
     inconsistent with any such guidelines, unless the practices 
     allegedly violate subsection (a).
       (c) Definition of Covered Device.--In this section, the 
     term ``covered device''--
       (1) means a consumer product, as defined by section 3(a) of 
     the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is 
     capable of connecting to the internet, a component of which 
     is a camera or microphone; and
       (2) does not include--
       (A) a telephone (including a mobile phone), a laptop, 
     tablet, or any device that a consumer would reasonably expect 
     to have a microphone or camera;
       (B) any device that is specifically marketed as a camera, 
     telecommunications device, or microphone; or
       (C) any device or apparatus described in sections 255, 716, 
     and 718, and subsections (aa) and (bb) of section 303 of the 
     Communications Act of 1934 (47 U.S.C. 255; 617; 619; and 
     303(aa) and (bb)), and any regulations promulgated 
     thereunder.
       (d) Effective Date.--This section shall apply to all 
     covered devices manufactured after the date that is 180 days 
     after the date on which guidance is issued by the Commission 
     under subsection (b)(3), and shall not apply to covered 
     devices manufactured or sold before such date, or otherwise 
     introduced into interstate commerce before such date.
       At the appropriate place in title V, insert the following:

[[Page S3801]]

  


     SEC. __. EXTENSION OF TROOPS FOR TEACHERS PROGRAM TO THE JOB 
                   CORPS.

       Section 1154 of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(ii), by striking ``; or'' and 
     inserting s semicolon;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) a Job Corps center as defined in section 147 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3197).''; 
     and
       (B) in paragraph (3)--
       (i) in subparagraph (B), by striking ``; or'' and inserting 
     s semicolon;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(D) a Job Corps center as defined in section 147 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3197).'';
       (2) in subsection (d)(4)(A)(ii), by inserting ``or Job 
     Corps centers'' after ``secondary schools''; and
       (3) in subsection (e)(2)(E), by inserting ``or Job Corps 
     center'' after ``secondary school''.
       At the appropriate place in title XII, insert the 
     following:

    Subtitle __--International Children With Disabilities Protection

     SEC. _1. SHORT TITLE.

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

     SEC. _2. SENSE OF CONGRESS.

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

     SEC. _3. DEFINITIONS.

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

     SEC. _4. STATEMENT OF POLICY.

       It is the policy of the United States to--
       (1) assist partner countries in developing policies and 
     programs that recognize, support, and protect the civil and 
     political rights of and enjoyment of fundamental freedoms by 
     persons with disabilities, including children, such that the 
     latter may grow and thrive in supportive family environments 
     and make the transition to independent living as adults;
       (2) promote the development of advocacy and leadership 
     skills among persons with disabilities and their families in 
     a manner that enables effective civic engagement, including 
     at the local, national, and regional levels, and promote 
     policy reforms and programs that support full economic and 
     civic inclusion of persons with disabilities and their 
     families;
       (3) promote the development of laws and policies that--
       (A) strengthen families and protect against the unnecessary 
     institutionalization of children with disabilities; and
       (B) create opportunities for children and youth with 
     disabilities to access the resources and support needed to 
     achieve their full potential to live independently in the 
     community with choices equal to others;
       (4) promote the participation of persons with disabilities 
     and their families in advocacy efforts and legal frameworks 
     to recognize, support, and protect the civil and political 
     rights of and enjoyment of fundamental freedoms by persons 
     with disabilities; and
       (5) promote the sustainable action needed to bring about 
     changes in law, policy, and programs to ensure full family 
     inclusion of children with disabilities and the transition of 
     children with disabilities to independent living as adults.

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

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

     SEC. _6. ANNUAL REPORT ON IMPLEMENTATION.

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

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

       (a) Sense of Congress on Programming and Programs.--It is 
     the sense of Congress that--
       (1) all programming of the Department and the United States 
     Agency for International Development related to health 
     systems strengthening, primary and secondary education, and 
     the protection of civil and political rights of persons with 
     disabilities should seek to be consistent with the policy 
     described in [section _4]; and

[[Page S3802]]

       (2) programs of the Department and the United States Agency 
     for International Development related to children, global 
     health, and education--
       (A) should--
       (i) engage organizations of persons with disabilities in 
     policymaking and program implementation; and
       (ii) support full inclusion of children with disabilities 
     in families; and
       (B) should aim to avoid support for residential 
     institutions for children with disabilities except in 
     situations of conflict or emergency in a manner that protects 
     family connections as described in subsection (b).
       (b) Sense of Congress on Conflict and Emergencies.--It is 
     the sense of Congress that--
       (1) programs of the Department and the United States Agency 
     for International Development serving children in situations 
     of conflict or emergency, among displaced or refugee 
     populations, or in natural disasters should seek to ensure 
     that children with and without disabilities can maintain 
     family ties; and
       (2) in situations of emergency, if children are separated 
     from parents or have no family, every effort should be made 
     to ensure that children are placed with extended family, in 
     kinship care, or in an adoptive or foster family.
       At the appropriate place in title I, insert the following:

     SEC. __. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF E-
                   3 AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT.

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

     SEC. 10__. IMPROVING PROCESSING BY DEPARTMENT OF VETERANS 
                   AFFAIRS OF DISABILITY CLAIMS FOR POST-TRAUMATIC 
                   STRESS DISORDER THROUGH IMPROVED TRAINING.

       (a) Short Title.--This section may be cited as the 
     ``Department of Veterans Affairs Post-Traumatic Stress 
     Disorder Processing Claims Improvement Act of 2023''.
       (b) Formal Process for Conduct of Annual Analysis of 
     Training Needs Based on Trends.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs, acting through the Under Secretary for 
     Benefits, shall establish a formal process to analyze, on an 
     annual basis, training needs of employees of the Department 
     who review claims for disability compensation for service-
     connected post-traumatic stress disorder, based on identified 
     processing error trends.
       (c) Formal Process for Conduct of Annual Studies to Support 
     Annual Analysis.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, acting through the 
     Under Secretary, shall establish a formal process to conduct, 
     on an annual basis, studies to help guide the process 
     established under subsection (b).
       (2) Elements.--Each study conducted under paragraph (1) 
     shall cover the following:
       (A) Military post-traumatic stress disorder stressors.
       (B) Decision-making claims for claims processors.
       At the appropriate place in title VI, insert the following:

     SEC. 6__. EXTENSION OF TRAVEL ALLOWANCE FOR MEMBERS OF THE 
                   ARMED FORCES ASSIGNED TO ALASKA.

       Section 603(b)(5)(B) of the James M. Inhofe National 
     Defense Authorization Act for Fiscal Year 2023 (Public Law 
     117-263; 136 Stat. 2621) is amended by striking ``December 
     31, 2023'' and inserting ``June 30, 2024''.
       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. ___. U.S. HOSTAGE AND WRONGFUL DETAINEE DAY ACT OF 2023.

       (a) Short Title.--This section may be cited as the ``U.S. 
     Hostage and Wrongful Detainee Day Act of 2023''.
       (b) Designation.--
       (1) Hostage and wrongful detainee day.--
       (A) In general.--Chapter 1 of title 36, United States Code, 
     is amended--
       (i) by redesignating the second section 146 (relating to 
     Choose Respect Day) as section 147; and
       (ii) by adding at the end the following:

     ``Sec. 148. U.S. Hostage and Wrongful Detainee Day

       ``(a) Designation.--March 9 is U.S. Hostage and Wrongful 
     Detainee Day.
       ``(b) Proclamation.--The President is requested to issue 
     each year a proclamation calling on the people of the United 
     States to observe U.S. Hostage and Wrongful Detainee Day with 
     appropriate ceremonies and activities.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 1 of title 36, United States Code, is 
     amended by striking the item relating to the second section 
     146 and inserting the following new items:

``147. Choose Respect Day.
``148. U.S. Hostage and Wrongful Detainee Day.''.
       (2) Hostage and wrongful detainee flag.--
       (A) In general.--Chapter 9 of title 36, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 904. Hostage and Wrongful Detainee flag

       ``(a) Designation.--The Hostage and Wrongful Detainee flag 
     championed by the Bring Our Families Home Campaign is 
     designated as the symbol of the commitment of the United 
     States to recognizing, and prioritizing the freedom of, 
     citizens and lawful permanent residents of the United States 
     held as hostages or wrongfully detained abroad.
       ``(b) Required Display.--
       ``(1) In general.--The Hostage and Wrongful Detainee flag 
     shall be displayed at the locations specified in paragraph 
     (3) on the days specified in paragraph (2).
       ``(2) Days specified.--The days specified in this paragraph 
     are the following:
       ``(A) U.S. Hostage and Wrongful Detainee Day, March 9.
       ``(B) Flag Day, June 14.
       ``(C) Independence Day, July 4.
       ``(D) Any day on which a citizen or lawful permanent 
     resident of the United States--
       ``(i) returns to the United States from being held hostage 
     or wrongfully detained abroad; or
       ``(ii) dies while being held hostage or wrongfully detained 
     abroad.
       ``(3) Locations specified.--The locations specified in this 
     paragraph are the following:
       ``(A) The Capitol.
       ``(B) The White House.
       ``(C) The buildings containing the official office of--
       ``(i) the Secretary of State; and
       ``(ii) the Secretary of Defense.
       ``(c) Display To Be in a Manner Visible to the Public.--
     Display of the Hostage and Wrongful Detainee flag pursuant to 
     this section shall be in a manner designed to ensure 
     visibility to the public.
       ``(d) Limitation.--This section may not be construed or 
     applied so as to require any employee to report to work 
     solely for the purpose of providing for the display of the 
     Hostage and Wrongful Detainee flag.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 9 of title 36, United States Code, is 
     amended by adding at the end the following:
       

``904. Hostage and Wrongful Detainee flag.''.
        At the end of subtitle G of title XII, add the following:

     SEC. 1299L. SHARING OF INFORMATION WITH RESPECT TO SUSPECTED 
                   VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS.

       Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is 
     amended--
       (1) in subsection (a)(1), by inserting ``, packing 
     materials, shipping containers,'' after ``its packaging'' 
     each place it appears; and
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) any other party with an interest in the merchandise, 
     as determined appropriate by the Commissioner.''.
       At the end of subtitle D of title V, add the following:

     SEC. 543. ANNUAL REPORT ON INITIATIVE TO ENHANCE THE 
                   CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE 
                   ORGANIZATIONS TO PREVENT AND COMBAT CHILD 
                   SEXUAL EXPLOITATION.

       In order to effectively carry out the initiative under 
     section 550D of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1561 note 
     prec.), the Secretary of Defense shall carry out the 
     following actions:
       (1) Not later than 90 days after the date of the enactment 
     of this Act, and annually thereafter, submit to the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives an annual report on 
     the progress of the initiative carried out under such 
     section, outlining specific actions taken and planned to 
     detect, combat, and stop the use of the Department of Defense 
     network to further online child sexual exploitation (CSE).
       (2) Develop partnerships and execute collaborative 
     agreements with functional experts, including highly 
     qualified national child protection organizations or law 
     enforcement training centers with demonstrated expertise in 
     the delivery of law enforcement training, to identify, 
     investigate and prosecute individuals engaged in online CSE.

[[Page S3803]]

       (3) Establish mandatory training for Department of Defense 
     criminal investigative organizations and personnel at 
     military installations to maintain capacity and address 
     turnover and relocation issues.
       At the end of subtitle D of title VIII of division A, add 
     the following:

     SEC. 849. ELIMINATING SELF-CERTIFICATION FOR SERVICE-DISABLED 
                   VETERAN-OWNED SMALL BUSINESSES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Small business concern; small business concerns owned 
     and controlled by service-disabled veterans.--The terms 
     ``small business concern'' and ``small business concerns 
     owned and controlled by service-disabled veterans'' have the 
     meanings given those terms in section 3 of the Small Business 
     Act (15 U.S.C. 632).
       (b) Eliminating Self-Certification in Prime Contracting and 
     Subcontracting for SDVOSBs.--
       (1) In general.--Each prime contract award and subcontract 
     award that is counted for the purpose of meeting the goals 
     for participation by small business concerns owned and 
     controlled by service-disabled veterans in procurement 
     contracts for Federal agencies, as established in section 
     15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)), 
     shall be entered into with small business concerns certified 
     by the Administrator as small business concerns owned and 
     controlled by service-disabled veterans under section 36 of 
     such Act (15 U.S.C. 657f).
       (2) Effective date.--Paragraph (1) shall take effect on 
     October 1 of the fiscal year beginning after the 
     Administrator promulgates the regulations required under 
     subsection (d).
       (c) Phased Approach to Eliminating Self-Certification for 
     SDVOSBs.--Notwithstanding any other provision of law, any 
     small business concern that self-certified as a small 
     business concern owned and controlled by service-disabled 
     veterans may--
       (1) if the small business concern files a certification 
     application with the Administrator before the end of the 1-
     year period beginning on the date of enactment of this Act, 
     maintain such self-certification until the Administrator 
     makes a determination with respect to such certification; and
       (2) if the small business concern does not file a 
     certification application before the end of the 1-year period 
     beginning on the date of enactment of this Act, lose, at the 
     end of such 1-year period, any self-certification of the 
     small business concern as a small business concern owned and 
     controlled by service-disabled veterans.
       (d) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations to carry out this section.
       At the appropriate place in title VIII, insert the 
     following:

     SEC. __. ADDITION OF ADMINISTRATOR OF THE SMALL BUSINESS 
                   ADMINISTRATION TO THE FEDERAL ACQUISITION 
                   REGULATORY COUNCIL.

       Section 1302(b)(1) of title 41, United States Code, is 
     amended--
       (1) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(E) the Administrator of the Small Business 
     Administration.''.
       At the end of subtitle D of title VIII of division A, add 
     the following:

     SEC. 849. PAYMENT OF SUBCONTRACTORS.

       Section 8(d)(13) of the Small Business Act (15 U.S.C. 
     637(d)(13)) is amended--
       (1) in subparagraph (B)(i), by striking ``90 days'' and 
     inserting ``30 days'';
       (2) in subparagraph (C)--
       (A) by striking ``contractor shall'' and inserting 
     ``contractor--
       ``(i) shall'';
       (B) in clause (i), as so designated, by striking the period 
     at the end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(i) may enter or modify past performance information of 
     the prime contractor in connection with the unjustified 
     failure to make a full or timely payment to a subcontractor 
     subject to this paragraph before or after close-out of the 
     covered contract.''.
       (3) in subparagraph (D), by striking ``subparagraph (E)'' 
     and inserting ``subparagraph (F)'';
       (4) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (5) by inserting after subparagraph (D) the following":
       ``(E) Cooperation.--
       ``(i) In general.--Once a contracting officer determines, 
     with respect to the past performance of a prime contractor, 
     that there was an unjustified failure by the prime contractor 
     on a covered contract to make a full or timely payment to a 
     subcontractor covered by subparagraph (B) or (C), the prime 
     contractor is required to cooperate with the contracting 
     officer, who shall consult with the Director of Small 
     Business Programs or the Director of Small and Disadvantaged 
     Business Utilization acting pursuant to section 15(k)(6) and 
     other representatives of the Government, regarding correcting 
     and mitigating the unjustified failure to make a full or 
     timely payment to a subcontractor.
       ``(ii) Duration.--The duty of cooperation under this 
     subparagraph for a prime contractor described in clause (i) 
     continues until the subcontractor is made whole or the 
     determination of the contracting officer determination is no 
     longer effective, and regardless of performance or close-out 
     status of the covered contract.''.
       At the end of subtitle D of title XII, add the following:

     SEC. 1269. EXTENSION OF EXPORT PROHIBITION ON MUNITIONS ITEMS 
                   TO THE HONG KONG POLICE FORCE.

       Section 3 of the Act entitled ``An Act to prohibit the 
     commercial export of covered munitions items to the Hong Kong 
     Police Force'', approved November 27, 2019 (Public Law 116-
     77; 133 Stat. 1173), is amended by striking ``shall expire on 
     December 31, 2024'' and inserting ``shall expire on the date 
     on which the President certifies to the appropriate 
     congressional committees that--
       ``(1) the Secretary of State has, on or after the date of 
     the enactment of this paragraph, certified under section 205 
     of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 
     5701 et seq.) that Hong Kong warrants treatment under United 
     States law in the same manner as United States laws were 
     applied to Hong Kong before July 1, 1997;
       ``(2) the Hong Kong Police have not engaged in gross 
     violations of human rights during the 1-year period ending on 
     the date of such certification; and
       ``(3) there has been an independent examination of human 
     rights concerns related to the crowd control tactics of the 
     Hong Kong Police and the Government of the Hong Kong Special 
     Administrative Region has adequately addressed those 
     concerns.''.
       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. FOREIGN PORT SECURITY ASSESSMENTS.

       (a) Short Title.--This section may be cited as the 
     ``International Port Security Enforcement Act''.
       (b) In General.--Section 70108 of title 46, United States 
     Code, is amended--
       (1) in subsection (f)--
       (A) in paragraph (1), by striking ``provided that'' and all 
     that follows and inserting the following: ``if--
       ``(A) the Secretary certifies that the foreign government 
     or international organization--
       ``(i) has conducted the assessment in accordance with 
     subsection (b); and
       ``(ii) has provided the Secretary with sufficient 
     information pertaining to its assessment (including 
     information regarding the outcome of the assessment); and
       ``(B) the foreign government that conducted the assessment 
     is not a state sponsor of terrorism (as defined in section 
     3316(h).''; and
       (B) by amending paragraph (3) to read as follows:
       ``(3) Limitations.--Nothing in this section may be 
     construed--
       ``(A) to require the Secretary to treat an assessment 
     conducted by a foreign government or an international 
     organization as an assessment that satisfies the requirement 
     under subsection (a);
       ``(B) to limit the discretion or ability of the Secretary 
     to conduct an assessment under this section;
       ``(C) to limit the authority of the Secretary to repatriate 
     aliens to their respective countries of origin; or
       ``(D) to prevent the Secretary from requesting security and 
     safety measures that the Secretary considers necessary to 
     safeguard Coast Guard personnel during the repatriation of 
     aliens to their respective countries of origin.''; and
       (2) by adding at the end the following:
       ``(g) State Sponsors of Terrorism and International 
     Terrorist Organizations.--The Secretary--
       ``(1) may not enter into an agreement under subsection 
     (f)(2) with--
       ``(A) a foreign government that is a state sponsor of 
     terrorism; or
       ``(B) a foreign terrorist organization; and
       ``(2) shall--
       ``(A) deem any port that is under the jurisdiction of a 
     foreign government that is a state sponsor of terrorism as 
     not having effective antiterrorism measures for purposes of 
     this section and section 70109; and
       ``(B) immediately apply the sanctions described in section 
     70110(a) to such port.''.
       At the end of subtitle C of title VIII, insert the 
     following:

     SEC. 836. SENSE OF CONGRESS RELATING TO RUBBER SUPPLY.

       It is the sense of Congress that--
       (1) the Department of Defense should take all appropriate 
     action to lessen the dependence of the Armed Forces on 
     adversarial nations for the procurement of strategic and 
     critical materials, and that one such material in short 
     supply according to the most recent report from Defense 
     Logistics Agency Strategic Material is natural rubber, 
     undermining our national security and jeopardizing the 
     military's ability to rely on a stable source of natural 
     rubber for tire manufacturing and production of other goods; 
     and
       (2) the Secretary of Defense should take all appropriate 
     action, pursuant with the authority provided by the Strategic 
     and Critical Materials Stock Piling Act (50 U.S.C. 98a et 
     seq.) to engage in activities that may include stockpiling, 
     but shall also include research and development aspects for 
     increasing the domestic supply of natural rubber.
       At the appropriate place, insert the following:

     SEC. __. REPEAL OF BONAFIDE OFFICE RULE FOR 8(A) CONTRACTS 
                   WITH THE DEPARTMENT OF DEFENSE.

       Section 8(a)(11) of the Small Business Act (15 U.S.C. 
     637(a)(11)) is amended--

[[Page S3804]]

       (1) by inserting ``(A)'' before ``To the maximum''; and
       (2) by adding at the end the following:
       ``(B) Subparagraph (A) shall not apply with respect to a 
     contract entered into under this subsection with the 
     Department of Defense.''.
       At the end of subtitle A of title XII, add the following:

     SEC. 1213. REPORT ON COORDINATION WITH PRIVATE ENTITIES AND 
                   STATE GOVERNMENTS WITH RESPECT TO THE STATE 
                   PARTNERSHIP PROGRAM.

       (a) In General.-- The Secretary of Defense shall submit to 
     Congress a report on the feasibility of coordinating with 
     private entities and State governments to provide resources 
     and personnel to support technical exchanges under the 
     Department of Defense State Partnership Program established 
     under section 341 of title 10, United States Code.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An analysis of the limitations of the State Partnership 
     Program.
       (2) The types of personnel and expertise that could be 
     helpful to partner country participants in the State 
     Partnership Program.
       (3) Any authority needed to leverage such expertise from 
     private entities and State governments, as applicable.
       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT 
                   GRANT FUNDS TO CERTAIN ENTITIES THAT HAVE 
                   VIOLATED INTELLECTUAL PROPERTY RIGHTS OF UNITED 
                   STATES ENTITIES.

       (a) In General.--During the period beginning on the date 
     that is 30 days after the date of the enactment of this 
     section, amounts provided as project grants under subchapter 
     I of chapter 471 of title 49, United States Code, may not be 
     used to enter into a contract described in subsection (b) 
     with any entity on the list required by subsection (c).
       (b) Contract Described.--A contract described in this 
     subsection is a contract or other agreement for the 
     procurement of infrastructure or equipment for a passenger 
     boarding bridge at an airport.
       (c) List Required.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, and thereafter as required by 
     paragraph (2), the United States Trade Representative, and 
     the Administrator of the Federal Aviation Administration 
     shall make available to the Administrator of the Federal 
     Aviation Administration a publicly-available a list of 
     entities manufacturing airport passenger boarding 
     infrastructure or equipment that--
       (A) are owned, directed by, or subsidized in whole, or in 
     part by the People's Republic of China;
       (B) have been determined by a Federal court to have 
     misappropriated intellectual property or trade secrets from 
     an entity organized under the laws of the United States or 
     any jurisdiction within the United States;
       (C) own or control, are owned or controlled by, are under 
     common ownership or control with, or are successors to, an 
     entity described in subparagraph (A);
       (D) own or control, are under common ownership or control 
     with, or are successors to, an entity described in 
     subparagraph (A); or
       (E) have entered into an agreement with or accepted funding 
     from, whether in the form of minority investment interest or 
     debt, have entered into a partnership with, or have entered 
     into another contractual or other written arrangement with, 
     an entity described in subparagraph (A).
       (2) Updates to list.--The United States Trade 
     Representative shall update the list required by paragraph 
     (1), based on information provided by the Administrator of 
     the Federal Aviation Administration, in consultation with the 
     Attorney General--
       (A) not less frequently than every 90 days during the 180-
     day period following the initial publication of the list 
     under paragraph (1); and
       (B) not less frequently than annually thereafter.
       (d) Definitions.--In this section, the definitions in 
     section 47102 of title 49, United States Code, shall apply.
       At the appropriate place in subtitle A of title VII, insert 
     the following:

     SEC. 7___. SENSE OF CONGRESS ON ACCESS TO MENTAL HEALTH 
                   SERVICES THROUGH TRICARE.

       It is the sense of Congress that the Secretary of Defense 
     should take all necessary steps to ensure members of the 
     National Guard and the members of their families who are 
     enrolled in TRICARE have timely access to mental and 
     behavioral health care services through the TRICARE program.
       At the appropriate place in subtitle C of title II, insert 
     the following:

     SEC. ___. ESTABLISHMENT OF TECHNOLOGY TRANSITION PROGRAM FOR 
                   STRATEGIC NUCLEAR DETERRENCE.

       (a) In General.--The Commander of Air Force Global Strike 
     Command may, through the use of a partnership intermediary, 
     establish a program--
       (1) to carry out technology transition, digital engineering 
     projects, and other innovation activities supporting the Air 
     Force nuclear enterprise; and
       (2) to discover capabilities that have the potential to 
     generate life-cycle cost savings and provide data-driven 
     approaches to resource allocation.
       (b) Termination.--The program established under subsection 
     (a) shall terminate on September 30, 2029.
       (c) Partnership Intermediary Defined.--The term 
     ``partnership intermediary'' has the meaning given the term 
     in section 23(c) of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3715(c)).
       At the appropriate place in title XVI, insert the 
     following:

     SEC. 16__. CONTROL AND MANAGEMENT OF DEPARTMENT OF DEFENSE 
                   DATA AND ESTABLISHMENT OF CHIEF DIGITAL AND 
                   ARTIFICIAL INTELLIGENCE OFFICER GOVERNING 
                   COUNCIL.

       (a) Control and Management of Department of Defense Data.--
     The Chief Digital and Artificial Intelligence Officer of the 
     Department of Defense shall maintain the authority, but not 
     the requirement, to access and control, on behalf of the 
     Secretary of Defense, of all data collected, acquired, 
     accessed, or utilized by Department of Defense components 
     consistent with section 1513 of the James M. Inhofe National 
     Defense Authorization Act for Fiscal Year 2023 (Public Law 
     117-263; 10 U.S.C. 4001 note).
       (b) Chief Digital and Artificial Intelligence Officer 
     Governing Council.--Paragraph (3) of section 238(d) of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061) is 
     amended to read as follows:
       ``(3) Chief digital and artificial intelligence officer 
     governing council.--
       ``(A) Establishment.--(i) The Secretary shall establish a 
     council to provide policy oversight to ensure the 
     responsible, coordinated, and ethical employment of data and 
     artificial intelligence capabilities across Department of 
     Defense missions and operations.
       ``(ii) The council established pursuant to clause (i) shall 
     be known as the `Chief Digital and Artificial Intelligence 
     Officer Governing Council' (in this paragraph the `Council').
       ``(B) Membership.--The Council shall be composed of the 
     following:
       ``(i) Joint Staff J-6.
       ``(ii) The Under Secretary of Defense for Acquisition and 
     Sustainment.
       ``(iii) The Under Secretary of Defense for Research and 
     Evaluation.
       ``(iv) The Under Secretary of Defense for Intelligence and 
     Security.
       ``(v) The Under Secretary of Defense for Policy.
       ``(vi) The Director of Cost Analysis and Program 
     Evaluation.
       ``(vii) The Chief Information Officer of the Department.
       ``(viii) The Director of Administration and Management.
       ``(ix) The service acquisition executives of each of the 
     military departments.
       ``(C) Head of council.--The Council shall be headed by the 
     Chief Digital and Artificial Intelligence Officer of the 
     Department.
       ``(D) Meetings.--The Council shall meet not less frequently 
     than twice each fiscal year.
       ``(E) Duties of council.--The duties of the Council are as 
     follows:
       ``(i) To streamline the organizational structure of the 
     Department as it relates to artificial intelligence 
     development, implementation, and oversight.
       ``(ii) To improve coordination on artificial intelligence 
     governance with the defense industry sector.
       ``(iii) To establish and oversee artificial intelligence 
     guidance on ethical requirements and protections for usage of 
     artificial intelligence supported by Department funding and 
     reduces or mitigates instances of unintended bias in 
     artificial intelligence algorithms.
       ``(iv) To identify, monitor, and periodically update 
     appropriate recommendations for operational usage of 
     artificial intelligence.
       ``(v) To review, as the head of the Council considers 
     necessary, artificial intelligence program funding to ensure 
     that any Department investment in an artificial intelligence 
     tool, system, or algorithm adheres to all Department 
     established policy related to artificial intelligence.
       ``(vi) To provide periodic status updates on the efforts of 
     the Department to develop and implement artificial 
     intelligence into existing Department programs and processes.
       ``(vii) To provide guidance on access and distribution 
     restrictions relating to data, models, tool sets, or testing 
     or validation infrastructure.
       ``(viii) to implement and oversee a data and artificial 
     intelligence educational program for the purpose of 
     familiarizing the Department at all levels on the 
     applications of artificial intelligence in their operations.
       ``(ix) To implement and oversee a data decree scorecard.
       ``(x) Such other duties as the Council determines 
     appropriate.
       ``(F) Periodic reports.--Not later than 180 days after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2024 and not less frequently than once 
     every 18 months thereafter, the Council shall submit to the 
     Secretary and the congressional defense committees a report 
     on the activities of the Council during the period covered by 
     the report.''.
       At the appropriate place in title VIII, insert the 
     following:

     SEC. 8___. MODIFICATIONS TO RIGHTS IN TECHNICAL DATA.

       Section 3771(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (3)(C), by inserting ``for which the 
     United States shall have government purpose rights, unless 
     the Government

[[Page S3805]]

     and the contractor negotiate different license rights'' after 
     ``component)''; and
       (2) in paragraph (4)(A)--
       (A) in clause (ii), by striking ``; or'' and inserting a 
     semicolon;
       (B) by redesignating clause (iii) as clause (iv); and
       (C) by inserting after clause (ii) the following new clause 
     (iii):
       ``(iii) is a release, disclosure, or use of detailed 
     manufacturing or process data--

       ``(I) that is necessary for operation, maintenance, 
     installation, or training and shall be used only for 
     operation, maintenance, installation, or training purposes 
     supporting wartime operations or contingency operations; and
       ``(II) for which the head of an agency determines that the 
     original supplier of such data will be unable to satisfy 
     military readiness or operational requirements for such 
     operations; or''.

       At the appropriate place, insert the following:

     SEC. ___. INCREASE IN GOVERNMENTWIDE GOAL FOR PARTICIPATION 
                   IN FEDERAL CONTRACTS BY SMALL BUSINESS CONCERNS 
                   OWNED AND CONTROLLED BY SERVICE-DISABLED 
                   VETERANS.

       Section 15(g)(1)(A)(ii) of the Small Business Act (15 
     U.S.C. 644(g)(1)(A)(ii)) is amended by striking ``3 percent'' 
     and inserting ``5 percent''.
       At the appropriate place in title I, insert the following:

     SEC. __. SENSE OF SENATE ON PROCUREMENT OF OUTSTANDING F/A-18 
                   SUPER HORNET PLATFORMS.

       (a) Findings.--Congress finds that Congress appropriated 
     funds for twelve F/A-18 Super Hornet platforms in fiscal year 
     2022 and eight F/A-18 Super Hornet platforms in fiscal year 
     2023, but the Navy has yet to enter into any contracts for 
     the procurement of such platforms.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the Secretary of the Navy and the contractor team 
     should expeditiously enter into contractual agreements to 
     procure the twenty F/A-18 Super Hornet platforms for which 
     funds have been appropriated; and
       (2) the Senate urges the Secretary of the Navy and the 
     contractor team to comply with congressional intent and 
     applicable law with appropriate expediency to bolster the 
     Navy's fleet of strike fighter aircraft and avoid further 
     disruption to the defense industrial base.
        At the appropriate place, insert the following:

     SEC. ____. CONDUCT OF WINTER SEASON RECONNAISSANCE OF 
                   ATMOSPHERIC RIVERS IN THE WESTERN UNITED 
                   STATES.

       (a) Conduct of Reconnaissance.--
       (1) In general.--Subject to the availability of 
     appropriations, the 53rd Weather Reconnaissance Squadron of 
     the Air Force Reserve Command and the Administrator of the 
     National Oceanic and Atmospheric Administration may use 
     aircraft, personnel, and equipment necessary to meet the 
     mission requirements of the 53rd Weather Reconnaissance 
     Squadron of the Air Force Reserve Command and the National 
     Oceanic and Atmospheric Administration if those aircraft, 
     personnel, and equipment are not otherwise needed for 
     hurricane monitoring and response.
       (2) Activities.--In carrying out paragraph (1), the 53rd 
     Weather Reconnaissance Squadron of the Air Force Reserve 
     Command, in consultation with the Administrator of the 
     National Oceanic and Atmospheric Administration and 
     appropriate line offices of the National Oceanic and 
     Atmospheric Administration, may--
       (A) improve the accuracy and timeliness of observations to 
     support the forecast and warning services of the National 
     Weather Service for the coasts of the United States;
       (B) collect data in data-sparse regions where conventional, 
     upper-air observations are lacking;
       (C) support water management decisions and flood 
     forecasting through the execution of targeted airborne 
     dropsonde, buoys, autonomous platform observations, satellite 
     observations, remote sensing observations, and other 
     observation platforms as appropriate, including enhanced 
     assimilation of the data from those observations over the 
     eastern, central, and western north Pacific Ocean, the Gulf 
     of Mexico, and the western Atlantic Ocean to improve 
     forecasts of large storms for civil authorities and military 
     decision makers;
       (D) participate in the research and operations partnership 
     that guides flight planning and uses research methods to 
     improve and expand the capabilities and effectiveness of 
     weather reconnaissance over time; and
       (E) undertake such other additional activities as the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, in collaboration with the 53rd Weather 
     Reconnaissance Squadron, considers appropriate to further 
     prediction of dangerous weather events.
       (b) Reports.--
       (1) Air force.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Air Force, in 
     consultation with the Administrator of the National Oceanic 
     and Atmospheric Administration, shall submit to the 
     appropriate committees of Congress a comprehensive report on 
     the resources necessary for the 53rd Weather Reconnaissance 
     Squadron of the Air Force Reserve Command to continue to 
     support, through December 31, 2035--
       (i) the National Hurricane Operations Plan;
       (ii) the National Winter Season Operations Plan; and
       (iii) any other operational requirements relating to 
     weather reconnaissance.
       (B) Appropriate committees of congress.--In this paragraph, 
     the term ``appropriate committees of Congress'' means--
       (i) the Committee on Armed Services of the Senate;
       (ii) the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate;
       (iii) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       (iv) the Committee on Science, Space, and Technology of the 
     House of Representatives;
       (v) the Committee on Armed Services of the House of 
     Representatives; and
       (vi) the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives.
       (2) Commerce.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Commerce shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives a comprehensive 
     report on the resources necessary for the National Oceanic 
     and Atmospheric Administration to continue to support, 
     through December 31, 2035--
       (A) the National Hurricane Operations Plan;
       (B) the National Winter Season Operations Plan; and
       (C) any other operational requirements relating to weather 
     reconnaissance.
       At the appropriate place in subtitle B of title XV, insert 
     the following:

     SEC. ___. MONITORING IRANIAN ENRICHMENT.

       (a) Significant Enrichment Activity Defined.--In this 
     section, the term ``significant enrichment activity'' means--
       (1) any enrichment of any amount of uranium-235 to a purity 
     percentage that is 5 percent higher than the purity 
     percentage indicated in the prior submission to Congress 
     under subsection (b)(1); or
       (2) any enrichment of uranium-235 in a quantity exceeding 
     10 kilograms.
       (b) Submission to Congress.--
       (1) In general.--Not later than 48 hours after the Director 
     of National Intelligence assesses that the Islamic Republic 
     of Iran has produced or possesses any amount of uranium-235 
     enriched to greater than 60 percent purity or has engaged in 
     significant enrichment activity, the Director of National 
     Intelligence shall submit to Congress such assessment, 
     consistent with the protection of intelligence sources and 
     methods.
       (2) Duplication.--For any submission required by this 
     subsection, the Director of National Intelligence may rely 
     upon existing products that reflect the current analytic 
     judgment of the intelligence community, including reports or 
     products produced in response to congressional mandate or 
     requests from executive branch officials.
       At the appropriate place in title II, insert the following:

     SEC. 2__. REVIEW OF ARTIFICIAL INTELLIGENCE INVESTMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (1) review the current investment into applications of 
     artificial intelligence to the platforms, processes, and 
     operations of the Department of Defense; and
       (2) categorize the types of artificial intelligence 
     investments by categories including but not limited to the 
     following:
       (A) Automation.
       (B) Machine learning.
       (C) Autonomy.
       (D) Robotics.
       (E) Deep learning and neural network.
       (F) Natural language processing.
       (b) Report to Congress.--Not later than 120 days after the 
     completion of the review and categorization required by 
     subsection (a), the Secretary of Defense shall submit to the 
     congressional defense committees a report on--
       (1) the findings of the Secretary with respect to the 
     review and any action taken or proposed to be taken by the 
     Secretary to address such findings; and
       (2) an evaluation of how the findings of the Secretary 
     align with stated strategies of the Department of Defense 
     with regard to artificial intelligence and performance 
     objectives established in the Department of Defense Data, 
     Analytics, and Artificial Intelligence Adoption Strategy.
       At the appropriate place, insert the following:

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

     SEC. __01. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the 
     ``Connecting Oceania's Nations with Vanguard Exercises and 
     National Empowerment'' or the ``CONVENE Act of 2023''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

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

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

[[Page S3806]]

  


     SEC. __02. DEFINITIONS.

       In this title:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committees on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) Congressional defense committees.--The term 
     ``congressional defense committees'' has the meaning given 
     such term in section 101(a) of title 10, United States Code.
       (3) National security council.--The term ``national 
     security council'' means, with respect to a specified 
     country, an intergovernmental body under the jurisdiction of 
     the freely elected government of the specified country that 
     acts as the primary coordinating entity for security 
     cooperation, disaster response, and the activities described 
     section 6103(f).
       (4) Specified country.--The term ``specified country'' 
     means--
       (A) the Federated States of Micronesia;
       (B) the Republic of the Marshall Islands; and
       (C) the Republic of Palau.

     SEC. __03. NATIONAL SECURITY COUNCILS OF SPECIFIED COUNTRIES.

       (a) In General.--The Secretary of State, in consultation 
     with other relevant Federal departments and agencies, as 
     appropriate, may consult and engage with each specified 
     country to advise and provide assistance to a national 
     security council (including by developing a national security 
     council, if appropriate), or to identify a similar 
     coordinating body for national security matters, comprised of 
     citizens of the specified country--
       (1) that enables the specified country--
       (A) to better coordinate with the United States Government, 
     including the Armed Forces, as appropriate;
       (B) to increase cohesion on activities, including emergency 
     humanitarian response, law enforcement, and maritime security 
     activities; and
       (C) to provide trained professionals to serve as members of 
     the committees of the specified country established under the 
     applicable Compact of Free Association; and
       (2) for the purpose of enhancing resilience capabilities 
     and protecting the people, infrastructure, and territory of 
     the specified country from malign actions.
       (b) Composition.--The Secretary of State, respecting the 
     unique needs of each specified country, may seek to ensure 
     that the national security council, or other identified 
     coordinating body, of the specified country is composed of 
     sufficient staff and members to enable the activities 
     described in subsection (f).
       (c) Access to Sensitive Information.--The Secretary of 
     State, with the concurrence of the Director of National 
     Intelligence, may establish, as appropriate, for use by the 
     members and staff of the national security council, or other 
     identified coordinating body, of each specified country 
     standards and a process for vetting and sharing sensitive 
     information.
       (d) Standards for Equipment and Services.--The Secretary of 
     State may work with the national security council, or other 
     identified coordinating body, of each specified country to 
     ensure that--
       (1) the equipment and services used by the national 
     security council or other identified coordinating body are 
     compliant with security standards so as to minimize the risk 
     of cyberattacks or espionage;
       (2) the national security council or other identified 
     coordinating body takes all reasonable efforts not to procure 
     or use systems, equipment, or software that originates from 
     any entity identified under section 1260H of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3965; 10 
     U.S.C. 113 note); and
       (3) to the extent practicable, the equipment and services 
     used by the national security council or other identified 
     coordinating body are interoperable with the equipment and 
     services used by the national security councils, or other 
     identified coordinating bodies, of the other specified 
     countries.
       (e) Report on Implementation.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for two 
     years, the Secretary of State shall submit to the appropriate 
     committees of Congress a report that includes--
       (A) an assessment as to whether a national security council 
     or a similar formal coordinating body is helping or would 
     help achieve the objectives described in subsection (a) at 
     acceptable financial and opportunity cost;
       (B) a description of all actions taken by the United States 
     Government to assist in the identification or maintenance of 
     a national security council, or other identified coordinating 
     body, in each specified country;
       (C) with respect to each specified country, an assessment 
     as to whether--
       (i) the specified country has appropriately staffed its 
     national security council or other identified coordinating 
     body; and
       (ii) the extent to which the national security council, or 
     other identified coordinating body, of the specified country 
     is capable of carrying out the activities described in 
     subsection (f);
       (D) an assessment of--
       (i) any challenge to cooperation and coordination with the 
     national security council, or other identified coordinating 
     body, of any specified country;
       (ii) current efforts by the Secretary of State to 
     coordinate with the specified countries on the activities 
     described in subsection (f); and
       (iii) existing governmental entities within each specified 
     country that are capable of supporting such activities;
       (E) a description of any challenge with respect to--
       (i) the implementation of the national security council, or 
     other identified coordinating body, of any specified country; 
     and
       (ii) the implementation of subsections (a) through (d);
       (F) an assessment of any attempt or campaign by a malign 
     actor to influence the political, security, or economic 
     policy of a specified country, a member of a national 
     security council or other identified coordinating body, or an 
     immediate family member of such a member; and
       (G) any other matter the Secretary of State considers 
     relevant.
       (2) Form.--Each report required by paragraph (1) may be 
     submitted in unclassified form and may include a classified 
     annex.
       (f) Activities Described.--The activities described in this 
     subsection are the following:
       (1) Homeland security activities.--
       (A) Coordination of--
       (i) the prosecution and investigation of transnational 
     criminal enterprises;
       (ii) responses to national emergencies, such as natural 
     disasters;
       (iii) counterintelligence and counter-coercion responses to 
     foreign threats; and
       (iv) efforts to combat illegal, unreported, or unregulated 
     fishing.
       (B) Coordination with United States Government officials on 
     humanitarian response, military exercises, law enforcement, 
     and other issues of security concern.
       (C) Identification and development of an existing 
     governmental entity to support homeland defense and civil 
     support activities.
       At the end of subtitle B of title XII, add the following:

     SEC. 1225. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR 
                   DETAINED ISIS MEMBERS AND RELEVANT POPULATIONS 
                   IN SYRIA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on the Judiciary, the 
     Committee on Banking, Housing, and Urban Affairs, the Select 
     Committee on Intelligence, and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on the Judiciary, the 
     Committee on Financial Services, the Permanent Select 
     Committee on Intelligence, and the Committee on 
     Appropriations of the House of Representatives.
       (2) ISIS member.--The term ``ISIS member'' means a person 
     who was part of, or substantially supported, the Islamic 
     State in Iraq and Syria.
       (3) Senior coordinator.--The term ``Senior Coordinator'' 
     means the coordinator for detained ISIS members and relevant 
     displaced populations in Syria designated under subsection 
     (a) of section 1224 of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642), as 
     amended by subsection (d).
       (b) Sense of Congress.--
       It is the sense of Congress that--
       (A) ISIS detainees held by the Syrian Democratic Forces and 
     ISIS-affiliated individuals located within displaced persons 
     camps in Syria pose a significant and growing humanitarian 
     challenge and security threat to the region;
       (B) the vast majority of individuals held in displaced 
     persons camps in Syria are women and children, approximately 
     50 percent of whom are under the age of 12 at the al-Hol 
     camp, and they face significant threats of violence and 
     radicalization, as well as lacking access to adequate 
     sanitation and health care facilities;
       (C) there is an urgent need to seek a sustainable solution 
     to such camps through repatriation and reintegration of the 
     inhabitants;
       (D) the United States should work closely with 
     international allies and partners to facilitate the 
     repatriation and reintegration efforts required to provide a 
     long-term solution for such camps and prevent the resurgence 
     of ISIS; and
       (E) if left unaddressed, such camps will continue to be 
     drivers of instability that jeopardize the long-term 
     prospects for peace and stability in the region.
       (c) Statement of Policy.--It is the policy of the United 
     States that--
       (1) ISIS-affiliated individuals located within displacement 
     camps in Syria, and other inhabitants of displacement camps 
     in Syria, be repatriated and, where appropriate, prosecuted, 
     or where possible, reintegrated into their country of origin, 
     consistent with all relevant domestic laws and applicable 
     international laws prohibiting refoulement; and
       (2) the camps will be closed as soon as is practicable.
       (d) Modification of Establishment of Coordinator for 
     Detained ISIS Members and Relevant Displaced Populations in 
     Syria.--Section 1224 of the National Defense

[[Page S3807]]

     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 
     133 Stat. 1642) is amended--
       (1) by striking subsection (a);
       (2) by amending subsection (b) to read as follows:
       ``(a) Designation.--
       ``(1) In general.--The President, in consultation with the 
     Secretary of Defense, the Secretary of State, the Director of 
     National Intelligence, the Secretary of the Treasury, the 
     Administrator of the United States Agency for International 
     Development, and the Attorney General, shall designate an 
     existing official to serve within the executive branch as 
     senior-level coordinator to coordinate, in conjunction with 
     other relevant agencies, matters related to ISIS members who 
     are in the custody of the Syrian Democratic Forces and other 
     relevant displaced populations in Syria, including--
       ``(A) by engaging foreign partners to support the 
     repatriation and disposition of such individuals, including 
     by encouraging foreign partners to repatriate, transfer, 
     investigate, and prosecute such ISIS members, and share 
     information;
       ``(B) coordination of all multilateral and international 
     engagements led by the Department of State and other agencies 
     that are related to the current and future handling, 
     detention, and prosecution of such ISIS members;
       ``(C) the funding and coordination of the provision of 
     technical and other assistance to foreign countries to aid in 
     the successful investigation and prosecution of such ISIS 
     members, as appropriate, in accordance with relevant domestic 
     laws, international humanitarian law, and other 
     internationally recognized human rights and rule of law 
     standards;
       ``(D) coordination of all multilateral and international 
     engagements related to humanitarian access and provision of 
     basic services to, and freedom of movement and security and 
     safe return of, displaced persons at camps or facilities in 
     Syria that hold family members of such ISIS members;
       ``(E) coordination with relevant agencies on matters 
     described in this section; and
       ``(F) any other matter the President considers relevant.
       ``(2) Rule of construction.--If, on the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024, an individual has already been designated, 
     consistent with the requirements and responsibilities 
     described in paragraph (1), the requirements under that 
     paragraph shall be considered to be satisfied with respect to 
     such individual until the date on which such individual no 
     longer serves as the Senior Coordinator.'';
       (3) in subsection (c), by striking ``subsection (b)'' and 
     inserting ``subsection (a)'';
       (4) in subsection (d), by striking ``subsection (b)'' and 
     inserting ``subsection (a)'';
       (5) in subsection (e), by striking ``January 31, 2021'' and 
     inserting ``January 31, 2025'';
       (6) in subsection (f)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Senior coordinator.--The term `Senior Coordinator' 
     means the individual designated under subsection (a).''; and
       (C) by adding at the end the following new paragraph:
       ``(4) Relevant agencies.--The term `relevant agencies' 
     means--
       ``(A) the Department of State;
       ``(B) the Department of Defense;
       ``(C) the Department of the Treasury;
       ``(D) the Department of Justice;
       ``(E) the United States Agency for International 
     Development;
       ``(F) the Office of the Director of National Intelligence; 
     and
       ``(G) any other agency the President considers relevant.''; 
     and
       (7) by redesignating subsections (c) through (f) as 
     subsections (b) through (e), respectively.
       (e) Strategy on ISIS-Related Detainee and Displacement 
     Camps in Syria.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Defense, the Director of 
     National Intelligence, the Secretary of the Treasury, the 
     Administrator of the United States Agency for International 
     Development, and the Attorney General, shall submit to the 
     appropriate committees of Congress an interagency strategy 
     with respect to ISIS-affiliated individuals and ISIS-related 
     detainee and other displaced persons camps in Syria.
       (2) Elements.--The strategy required by paragraph (1) shall 
     include--
       (A) methods to address--
       (i) disengagement from and prevention of recruitment into 
     violence, violent extremism, and other illicit activity in 
     such camps;
       (ii) efforts to encourage and facilitate repatriation and, 
     as appropriate, investigation and prosecution of foreign 
     nationals from such camps, consistent with all relevant 
     domestic and applicable international laws;
       (iii) the return and reintegration of displaced Syrian and 
     Iraqi women and children into their communities of origin;
       (iv) international engagement to develop processes for 
     repatriation and reintegration of foreign nationals from such 
     camps;
       (v) contingency plans for the relocation of detained and 
     displaced persons who are not able to be repatriated from 
     such camps;
       (vi) efforts to improve the humanitarian conditions in such 
     camps, including through the delivery of medicine, 
     psychosocial support, clothing, education, and improved 
     housing; and
       (vii) assessed humanitarian and security needs of all camps 
     and detainment facilities based on prioritization of such 
     camps and facilities most at risk of humanitarian crises, 
     external attacks, or internal violence;
       (B) an assessment of--
       (i) rehabilitation centers in northeast Syria, including 
     humanitarian conditions and processes for admittance and 
     efforts to improve both humanitarian conditions and 
     admittance processes for such centers and camps, as well as 
     on the prevention of youth radicalization; and
       (ii) processes for being sent to, and resources directed 
     towards, rehabilitation centers and programs in countries 
     that receive returned ISIS affiliated individuals, with a 
     focus on the prevention of radicalization of minor children;
       (C) a plan to improve, in such camps--
       (i) security conditions, including by training of personnel 
     and through construction; and
       (ii) humanitarian conditions;
       (D) a framework for measuring progress of humanitarian, 
     security, and repatriation efforts with the goal of closing 
     such camps; and
       (E) any other matter the Secretary of State considers 
     appropriate.
       (3) Form.--The strategy required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex that is transmitted separately.
       (f) Annual Interagency Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter through January 31, 2025, the Senior 
     Coordinator, in coordination with the relevant agencies, 
     shall submit to the appropriate committees of Congress a 
     detailed report that includes the following:
       (A) A detailed description of the facilities and camps 
     where detained ISIS members, and families with perceived ISIS 
     affiliation, are being held and housed, including--
       (i) a description of the security and management of such 
     facilities and camps;
       (ii) an assessment of resources required for the security 
     of such facilities and camps;
       (iii) an assessment of the adherence by the operators of 
     such facilities and camps to international humanitarian law 
     standards; and
       (iv) an assessment of children held within such facilities 
     and camps that may be used as part of smuggling operations to 
     evade security at the facilities and camps.
       (B) A description of all efforts undertaken by, and the 
     resources needed for, the United States Government to address 
     deficits in the humanitarian environment and security of such 
     facilities and camps.
       (C) A description of all multilateral and international 
     engagements related to humanitarian access and provision of 
     basic services to, and freedom of movement and security and 
     safe return of, displaced persons at camps or facilities in 
     Iraq, Syria, and any other area affected by ISIS activity, 
     including a description of--
       (i) support for efforts by the Syrian Democratic Forces to 
     facilitate the return and reintegration of displaced people 
     from Iraq and Syria;
       (ii) repatriation efforts with respect to displaced women 
     and children and male children aging into adults while held 
     in these facilities and camps;
       (iii) any current or future potential threat to United 
     States national security interests posed by detained ISIS 
     members or displaced families, including an analysis of the 
     al-Hol camp and annexes; and
       (iv) United States Government plans and strategies to 
     respond to any threat identified under clause (iii).
       (D) The number of individuals repatriated from the custody 
     of the Syrian Democratic Forces.
       (E) An analysis of factors on the ground in Syria and Iraq 
     that may result in the unintended release of detained or 
     displaced ISIS members, and an assessment of any measures 
     available to mitigate such releases.
       (F) A detailed description of efforts to encourage the 
     final disposition and security of detained or displaced ISIS 
     members with other countries and international organizations.
       (G) A description of foreign repatriation and 
     rehabilitation programs deemed successful systems to model, 
     and an analysis of the long-term results of such programs.
       (H) A description of the manner in which the United States 
     Government communicates regarding repatriation and 
     disposition efforts with the families of United States 
     citizens believed to have been victims of a criminal act by a 
     detained or displaced ISIS member, in accordance with section 
     503(c) of the Victims' Rights and Restitution Act of 1990 (34 
     U.S.C. 20141(c)) and section 3771 of title 18, United States 
     Code.
       (I) An analysis of all efforts between the United States 
     and partner countries within the Global Coalition to Defeat 
     ISIS or other countries to share related information that may 
     aid in resolving the final disposition of ISIS members, and 
     any obstacles that may hinder such efforts.
       (J) Any other matter the Coordinator considers appropriate.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex that is transmitted separately.

[[Page S3808]]

       (g) Rule of Construction.--Nothing in this section, or an 
     amendment made by this section, may be construed--
       (1) to limit the authority of any Federal agency to 
     independently carry out the authorized functions of such 
     agency; or
       (2) to impair or otherwise affect the activities performed 
     by that agency as granted by law.
       At the appropriate place, insert the following:

                     Subtitle _____--Crypto Assets

     SEC. ___01. CRYPTO ASSET ANTI-MONEY LAUNDERING EXAMINATION 
                   STANDARDS.

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

     SEC. ___02. COMBATING ANONYMOUS CRYPTO ASSET TRANSACTIONS.

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

     SEC. 16__. REQUIREMENT TO SUPPORT FOR CYBER EDUCATION AND 
                   WORKFORCE DEVELOPMENT AT INSTITUTIONS OF HIGHER 
                   LEARNING.

       (a) Authority.--The Secretary of Defense shall support the 
     development of foundational expertise in critical cyber 
     operational skills at institutions of higher learning, 
     selected by the Secretary under subsection (b), for current 
     and future members of the Armed Forces and civilian employees 
     of the Department of Defense.
       (b) Selection.--The Secretary shall select institutions of 
     higher learning to receive support under subsection (a) from 
     among institutions of higher learning that meet the following 
     eligibility criteria:
       (1) The institution offers a program from beginning through 
     advanced skill levels to provide future military and civilian 
     leaders of the Armed Forces with operational cyber expertise.
       (2) The institution includes instruction and practical 
     experiences that lead to recognized certifications and 
     degrees in the cyber field.
       (3) The institution has and maintains an educational 
     partnership with an active component of the Armed Forces or a 
     Department component designed to facilitate the development 
     of critical cyber skills for students who may pursue a 
     military career.
       (4) The institution is located in close proximity to a 
     military installation with a cyber mission defined by the 
     Department or the Armed Forces.
       (c) Support.--Under subsection (a), the Secretary shall 
     provide, at a minimum, to each institution of higher learning 
     selected by the Secretary under subsection (b) the following 
     support for civilian and military leaders of the Department 
     transitioning into cyber fields at the Department:
       (1) Expansion of cyber educational programs focused on 
     enhancing such transition.
       (2) Hands-on cyber opportunities, including laboratories 
     and security operations centers.
       (3) Direct financial assistance to civilian and military 
     students at the Department to increase access to courses and 
     hands-on opportunities under paragraphs (1) and (2).
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     fiscal year 2024.
       At the end of subtitle G of title X, add the following:

     SEC. 1083. NATIONAL COLD WAR CENTER DESIGNATION.

       (a) Purposes.--The purposes of this section are--
       (1) to designate the museum located at Blytheville/Eaker 
     Air Force Base in Blytheville, Arkansas, including its future 
     and expanded exhibits, collections, and educational programs, 
     as a ``National Cold War Center'';
       (2) to recognize the preservation, maintenance, and 
     interpretation of the artifacts, documents, images, and 
     history collected by the Center;
       (3) to enhance the knowledge of the American people of the 
     experience of the United States during the Cold War years; 
     and
       (4) to ensure that all future generations understand the 
     sacrifices made to preserve freedom and democracy, and the 
     benefits of peace for all future generations in the 21st 
     century and beyond.
       (b) Designation.--
       (1) In general.--The museum located at Blytheville/Eaker 
     Air Force Base in Blytheville, Arkansas, is designated as a 
     ``National Cold War Center''.
       (2) Rule of construction.--Nothing in this section shall 
     preclude the designation of other national centers or museums 
     in the United States interpreting the Cold War.
       (c) Effect of Designation.--The National Cold War Center 
     designated by this section is not a unit of the National Park 
     System, and the designation of the center as a National Cold 
     War Center shall not be construed to require or permit 
     Federal funds to be expended for any purpose related to the 
     designation made by this section.
       At the appropriate place, insert the following:

     SEC. ___. SEMICONDUCTOR PROGRAM.

       Title XCIX of division H of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 (15 
     U.S.C. 4651 et seq.) is amended--
       (1) in section 9902 (15 U.S.C. 4652)--
       (A) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (B) by inserting after subsection (g) the following:
       ``(h) Authority Relating to Environmental Review.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the provision by the Secretary of Federal financial 
     assistance for a project described in this section that 
     satisfies the requirements under subsection (a)(2)(C)(i) of 
     this section shall not be considered to be a major Federal 
     action under NEPA or an undertaking for the purposes of 
     division A of subtitle III of title 54, United States Code, 
     if--
       ``(A) the activity described in the application for that 
     project has commenced not later than 1 year after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024;
       ``(B) the Federal financial assistance provided is in the 
     form of a loan or loan guarantee; or
       ``(C) the Federal financial assistance provided, excluding 
     any loan or loan guarantee, comprises not more than 10 
     percent of the total estimated cost of the project.
       ``(2) Savings clause.--Nothing in this subsection may be 
     construed as altering whether an activity described in 
     subparagraph (A), (B), or (C) of paragraph (1) is considered 
     to be a major Federal action under NEPA, or an undertaking 
     under division A of subtitle III of title 54, United States 
     Code, for a reason other than that the activity is eligible 
     for Federal financial assistance provided under this 
     section.''; and
       (2) in section 9909 (15 U.S.C. 4659), by adding at the end 
     the following:
       ``(c) Lead Federal Agency and Cooperating Agencies.--
       ``(1) Definition.--In this subsection, the term `lead 
     agency' has the meaning given the term in section 111 of 
     NEPA.
       ``(2) Option to serve as lead agency.--With respect to a 
     covered activity that is a major Federal action under NEPA, 
     and with respect to which the Department of Commerce is 
     authorized or required by law to issue an authorization or 
     take action for or relating to that covered activity, the 
     Department of Commerce shall have the first right to serve as 
     the lead agency with respect to that covered activity under 
     NEPA.
       ``(d) Categorical Exclusions.--
       ``(1) Establishment of categorical exclusions.--Each of the 
     following categorical exclusions is established for the 
     National Institute of Standards and Technology with respect 
     to a covered activity and, beginning on the date of enactment 
     of this subsection, is available for use by the Secretary 
     with respect to a covered activity:
       ``(A) Categorical exclusion 17.04.d (relating to the 
     acquisition of machinery and equipment) in the document 
     entitled `EDA Program to Implement the National Environmental 
     Policy Act of 1969 and Other Federal Environmental Mandates 
     As Required' (Directive No. 17.02-2; effective date October 
     14, 1992).
       ``(B) Categorical exclusion A9 in Appendix A to subpart D 
     of part 1021 of title 10, Code of Federal Regulations, or any 
     successor regulation.
       ``(C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1 
     in Appendix B to subpart D of part 1021 of title 10, Code of 
     Federal Regulations, or any successor regulation.
       ``(D) The categorical exclusions described in paragraphs 
     (4) and (13) of section 50.19(b) of title 24, Code of Federal 
     Regulations, or any successor regulation.

[[Page S3809]]

       ``(E) Categorical exclusion (c)(1) in Appendix B to part 
     651 of title 32, Code of Federal Regulations, or any 
     successor regulation.
       ``(F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix 
     B to part 989 of title 32, Code of Federal Regulations, or 
     any successor regulation.
       ``(2) Additional categorical exclusions.--Notwithstanding 
     any other provision of law, each of the following shall be 
     treated as a category of action categorically excluded from 
     the requirements relating to environmental assessments and 
     environmental impact statements under section 1501.4 of title 
     40, Code of Federal Regulations, or any successor regulation:
       ``(A) The provision by the Secretary of any Federal 
     financial assistance for a project described in section 9902, 
     if the facility that is the subject of the project is on or 
     adjacent to a site--
       ``(i) that is owned or leased by the covered entity to 
     which Federal financial assistance is provided for that 
     project; and
       ``(ii) on which, as of the date on which the Secretary 
     provides that Federal financial assistance, substantially 
     similar construction, expansion, or modernization is being or 
     has been carried out, such that the facility would not more 
     than double existing developed acreage or on-site supporting 
     infrastructure.
       ``(B) The provision by the Secretary of Defense of any 
     Federal financial assistance relating to--
       ``(i) the creation, expansion, or modernization of one or 
     more facilities described in the second sentence of section 
     9903(a)(1); or
       ``(ii) carrying out section 9903(b), as in effect on the 
     date of enactment of this subsection.
       ``(C) Any activity undertaken by the Secretary relating to 
     carrying out section 9906, as in effect on the date of 
     enactment of this subsection.
       ``(e) Incorporation of Prior Planning Decisions.--
       ``(1) Definition.--In this subsection, the term `prior 
     studies and decisions' means baseline data, planning 
     documents, studies, analyses, decisions, and documentation 
     that a Federal agency has completed for a project (or that 
     have been completed under the laws and procedures of a State 
     or Indian Tribe), including for determining the reasonable 
     range of alternatives for that project.
       ``(2) Reliance on prior studies and decisions.--In 
     completing an environmental review under NEPA for a covered 
     activity, the Secretary may consider and, as appropriate, 
     rely on or adopt prior studies and decisions, if the 
     Secretary determines that--
       ``(A) those prior studies and decisions meet the standards 
     for an adequate statement, assessment, or determination under 
     applicable procedures of the Department of Commerce 
     implementing the requirements of NEPA;
       ``(B) in the case of prior studies and decisions completed 
     under the laws and procedures of a State or Indian Tribe, 
     those laws and procedures are of equal or greater rigor than 
     those of each applicable Federal law, including NEPA, 
     implementing procedures of the Department of Commerce; or
       ``(C) if applicable, the prior studies and decisions are 
     informed by other analysis or documentation that would have 
     been prepared if the prior studies and decisions were 
     prepared by the Secretary under NEPA.
       ``(f) Definitions.--In this section:
       ``(1) Covered activity.--The term `covered activity' means 
     any activity relating to the construction, expansion, or 
     modernization of a facility, the investment in which is 
     eligible for Federal financial assistance under section 9902 
     or 9906.
       ``(2) NEPA.--The term `NEPA' means the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
     Viz:
       At the appropriate place in title XII, insert the 
     following:

        Subtitle __--Western Hemisphere Partnership Act of 2023

     SEC. __. SHORT TITLE.

       This subtitle may be cited as the ``Western Hemisphere 
     Partnership Act of 2023''.

     SEC. __. UNITED STATES POLICY IN THE WESTERN HEMISPHERE.

       It is the policy of the United States to promote economic 
     competitiveness, democratic governance, and security in the 
     Western Hemisphere by--
       (1) encouraging stronger economic relations, respect for 
     property rights, the rule of law, and enforceable investment 
     rules and labor and environmental standards;
       (2) advancing the principles and practices expressed in the 
     Charter of the Organization of American States, the American 
     Declaration on the Rights and Duties of Man, and the Inter-
     American Democratic Charter; and
       (3) enhancing the capacity and technical capabilities of 
     democratic partner nation government institutions, including 
     civilian law enforcement, the judiciary, attorneys general, 
     and security forces.

     SEC. __. PROMOTING SECURITY AND THE RULE OF LAW IN THE 
                   WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should strengthen security cooperation with 
     democratic partner nations in the Western Hemisphere to 
     promote a secure hemisphere and to address the negative 
     impacts of transnational criminal organizations and malign 
     external state actors.
       (b) Collaborative Efforts.--The Secretary of State, in 
     coordination with the heads of other relevant Federal 
     agencies, should support the improvement of security 
     conditions and the rule of law in the Western Hemisphere 
     through collaborative efforts with democratic partners that--
       (1) enhance the institutional capacity and technical 
     capabilities of defense and security institutions in 
     democratic partner nations to conduct national or regional 
     security missions, including through regular bilateral and 
     multilateral engagements, foreign military sales and 
     financing, international military education and training 
     programs, expanding the National Guard State Partnership 
     Programs, and other means;
       (2) provide technical assistance and material support 
     (including, as appropriate, radars, vessels, and 
     communications equipment) to relevant security forces to 
     disrupt, degrade, and dismantle organizations involved in the 
     illicit trafficking of narcotics and precursor chemicals, 
     transnational criminal activities, illicit mining, and 
     illegal, unreported, and unregulated fishing, and other 
     illicit activities;
       (3) enhance the institutional capacity, legitimacy, and 
     technical capabilities of relevant civilian law enforcement, 
     attorneys general, and judicial institutions to--
       (A) strengthen the rule of law and transparent governance;
       (B) combat corruption and kleptocracy in the region; and
       (C) improve regional cooperation to disrupt, degrade, and 
     dismantle transnational organized criminal networks and 
     terrorist organizations, including through training, 
     anticorruption initiatives, anti-money laundering programs, 
     and strengthening cyber capabilities and resources;
       (4) enhance port management and maritime security 
     partnerships and airport management and aviation security 
     partnerships to disrupt, degrade, and dismantle transnational 
     criminal networks and facilitate the legitimate flow of 
     people, goods, and services;
       (5) strengthen cooperation to improve border security 
     across the Western Hemisphere, dismantle human smuggling and 
     trafficking networks, and increase cooperation to 
     demonstrably strengthen migration management systems;
       (6) counter the malign influence of state and non-state 
     actors and disinformation campaigns;
       (7) disrupt illicit domestic and transnational financial 
     networks;
       (8) foster mechanisms for cooperation on emergency 
     preparedness and rapid recovery from natural disasters, 
     including by--
       (A) supporting regional preparedness, recovery, and 
     emergency management centers to facilitate rapid response to 
     survey and help maintain planning on regional disaster 
     anticipated needs and possible resources;
       (B) training disaster recovery officials on latest 
     techniques and lessons learned from United States 
     experiences;
       (C) making available, preparing, and transferring on-hand 
     nonlethal supplies, and providing training on the use of such 
     supplies, for humanitarian or health purposes to respond to 
     unforeseen emergencies; and
       (D) conducting medical support operations and medical 
     humanitarian missions, such as hospital ship deployments and 
     base-operating services, to the extent required by the 
     operation;
       (9) foster regional mechanisms for early warning and 
     response to pandemics in the Western Hemisphere, including 
     through--
       (A) improved cooperation with and research by the United 
     States Centers for Disease Control and Prevention through 
     regional pandemic response centers;
       (B) personnel exchanges for technology transfer and skills 
     development; and
       (C) surveying and mapping of health networks to build local 
     health capacity;
       (10) promote the meaningful participation of women across 
     all political processes, including conflict prevention and 
     conflict resolution and post-conflict relief and recovery 
     efforts; and
       (11) hold accountable actors that violate political and 
     civil rights.
       (c) Limitations on Use of Technologies.--Operational 
     technologies transferred pursuant to subsection (b) to 
     partner governments for intelligence, defense, or law 
     enforcement purposes shall be used solely for the purposes 
     for which the technology was intended. The United States 
     shall take all necessary steps to ensure that the use of such 
     operational technologies is consistent with United States 
     law, including protections of freedom of expression, freedom 
     of movement, and freedom of association.
       (d) Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the heads of other relevant Federal 
     agencies, shall submit to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives a 5-year strategy to promote 
     security and the rule of law in the Western Hemisphere in 
     accordance to this section.
       (2) Elements.--The strategy required under paragraph (1) 
     shall include the following elements:
       (A) A detailed assessment of the resources required to 
     carry out such collaborative efforts.
       (B) Annual benchmarks to track progress and obstacles in 
     undertaking such collaborative efforts.
       (C) A public diplomacy component to engage the people of 
     the Western Hemisphere

[[Page S3810]]

     with the purpose of demonstrating that the security of their 
     countries is enhanced to a greater extent through alignment 
     with the United States and democratic values rather than with 
     authoritarian countries such as the People's Republic of 
     China, the Russian Federation, and the Islamic Republic of 
     Iran.
       (3) Briefing.--Not later than 1 year after submission of 
     the strategy required under paragraph (1), and annually 
     thereafter, the Secretary of State shall provide to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a briefing on the implementation of the strategy.

     SEC. __. PROMOTING DIGITALIZATION AND CYBERSECURITY IN THE 
                   WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should support digitalization and expand 
     cybersecurity cooperation in the Western Hemisphere to 
     promote regional economic prosperity and security.
       (b) Promotion of Digitalization and Cybersecurity.--The 
     Secretary of State, in coordination with the heads of other 
     relevant Federal agencies, should promote digitalization and 
     cybersecurity in the Western Hemisphere through collaborative 
     efforts with democratic partners that--
       (1) promote digital connectivity and facilitate e-commerce 
     by expanding access to information and communications 
     technology (ICT) supply chains that adhere to high-quality 
     security and reliability standards, including--
       (A) to open market access on a national treatment, 
     nondiscriminatory basis; and
       (B) to strengthen the cybersecurity and cyber resilience of 
     partner countries;
       (2) advance the provision of digital government services 
     (e-government) that, to the greatest extent possible, promote 
     transparency, lower business costs, and expand citizens' 
     access to public services and public information; and
       (3) develop robust cybersecurity partnerships to--
       (A) promote the inclusion of components and architectures 
     in information and communications technology (ICT) supply 
     chains from participants in initiatives that adhere to high-
     quality security and reliability standards;
       (B) share best practices to mitigate cyber threats to 
     critical infrastructure from ICT architectures by technology 
     providers that supply equipment and services covered under 
     section 2 of the Secure and Trusted Communications Networks 
     Act of 2019 (47 U.S.C. 1601);
       (C) effectively respond to cybersecurity threats, including 
     state-sponsored threats; and
       (D) to strengthen resilience against cyberattacks and 
     cybercrime.

     SEC. __. PROMOTING ECONOMIC AND COMMERCIAL PARTNERSHIPS IN 
                   THE WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should enhance economic and commercial ties 
     with democratic partners to promote prosperity in the Western 
     Hemisphere by modernizing and strengthening trade capacity-
     building and trade facilitation initiatives, encouraging 
     market-based economic reforms that enable inclusive economic 
     growth, strengthening labor and environmental standards, 
     addressing economic disparities of women, and encouraging 
     transparency and adherence to the rule of law in investment 
     dealings.
       (b) In General.--The Secretary of State, in coordination 
     with the United States Trade Representative, the Chief 
     Executive Officer of the Development Finance Corporation, and 
     the heads of other relevant Federal agencies, should support 
     the improvement of economic conditions in the Western 
     Hemisphere through collaborative efforts with democratic 
     partners that--
       (1) facilitate a more open, transparent, and competitive 
     environment for United States businesses and promote robust 
     and comprehensive trade capacity-building and trade 
     facilitation by--
       (A) reducing trade and nontariff barriers between the 
     countries in the region, establishing a mechanism for 
     pursuing Mutual Recognition Agreements and Formalized 
     Regulatory Cooperation Agreements in priority sectors of the 
     economy;
       (B) establishing a forum for discussing and evaluating 
     technical and other assistance needs to help establish 
     streamlined ``single window'' processes to facilitate 
     movement of goods and common customs arrangements and 
     procedures to lower costs of goods in transit and speed to 
     destination;
       (C) building relationships and exchanges between relevant 
     regulatory bodies in the United States and democratic 
     partners in the Western Hemisphere to promote best practices 
     and transparency in rulemaking, implementation, and 
     enforcement, and provide training and assistance to help 
     improve supply chain management in the Western Hemisphere;
       (D) establishing regional fora for identifying, raising, 
     and addressing supply chain management issues, including 
     infrastructure needs and strengthening of investment rules 
     and regulatory frameworks;
       (E) establishing a dedicated program of trade missions and 
     reverse trade missions to increase commercial contacts and 
     ties between the United States and Western Hemisphere partner 
     countries; and
       (F) strengthening labor and environmental standards in the 
     region;
       (2) establish frameworks or mechanisms to review and 
     address the long-term financial sustainability and national 
     security implications of foreign investments in strategic 
     sectors or services;
       (3) establish competitive and transparent infrastructure 
     project selection and procurement processes that promote 
     transparency, open competition, financial sustainability, and 
     robust adherence to global standards and norms; and
       (4) advance robust and comprehensive energy production and 
     integration, including through a more open, transparent, and 
     competitive environment for United States companies competing 
     in the Western Hemisphere, including by--
       (A) facilitating further development of integrated regional 
     energy markets;
       (B) improving management of grids, including technical 
     capability to ensure the functionality, safe and responsible 
     management, and quality of service of electricity providers, 
     carriers, and management and distribution systems;
       (C) facilitating private sector-led development of reliable 
     and affordable power generation capacity;
       (D) establishing a process for surveying grid capacity and 
     management focused on identifying electricity service 
     efficiencies and establishing cooperative mechanisms for 
     providing technical assistance for--
       (i) grid management, power pricing, and tariff issues;
       (ii) establishing and maintaining appropriate regulatory 
     best practices; and
       (iii) proposals to establish regional power grids for the 
     purpose of promoting the sale of excess supply to consumers 
     across borders;
       (E) assessing the viability and effectiveness of 
     decentralizing power production and transmission and building 
     micro-grid power networks to improve, when feasible, access 
     to electricity, particularly in rural and underserved 
     communities where centralized power grid connections may not 
     be feasible in the short to medium term; and
       (F) exploring opportunities to partner with the private 
     sector and multilateral institutions, such as the World Bank 
     and the Inter-American Development Bank, to promote universal 
     access to reliable and affordable electricity in the Western 
     Hemisphere.

     SEC. __. PROMOTING TRANSPARENCY AND DEMOCRATIC GOVERNANCE IN 
                   THE WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should support efforts to strengthen the 
     capacity and legitimacy of democratic institutions and 
     inclusive processes in the Western Hemisphere to promote a 
     more transparent, democratic, and prosperous region.
       (b) In General.--The Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development and heads of other relevant Federal 
     agencies, should support transparent, accountable, and 
     democratic governance in the Western Hemisphere through 
     collaborative efforts with democratic partners that--
       (1) strengthen the capacity of national electoral 
     institutions to ensure free, fair, and transparent electoral 
     processes, including through pre-election assessment 
     missions, technical assistance, and independent local and 
     international election monitoring and observation missions;
       (2) enhance the capabilities of democratically elected 
     national legislatures, parliamentary bodies, and autonomous 
     regulatory institutions to conduct oversight;
       (3) strengthen the capacity of subnational government 
     institutions to govern in a transparent, accountable, and 
     democratic manner, including through training and technical 
     assistance;
       (4) combat corruption at local and national levels, 
     including through trainings, cooperation agreements, 
     initiatives aimed at dismantling corrupt networks, and 
     political support for bilateral or multilateral 
     anticorruption mechanisms that strengthen attorneys general 
     and prosecutors' offices;
       (5) strengthen the capacity of civil society to conduct 
     oversight of government institutions, build the capacity of 
     independent professional journalism, facilitate substantive 
     dialogue with government and the private sector to generate 
     issue-based policies, and mobilize local resources to carry 
     out such activities;
       (6) promote the meaningful and significant participation of 
     women in democratic processes, including in national and 
     subnational government and civil society; and
       (7) support the creation of procedures for the Organization 
     of American States (OAS) to create an annual forum for 
     democratically elected national legislatures from OAS member 
     States to discuss issues of hemispheric importance, as 
     expressed in section 4 of the Organization of American States 
     Legislative Engagement Act of 2020 (Public Law 116-343).

     SEC. __. INVESTMENT, TRADE, AND DEVELOPMENT IN AFRICA AND 
                   LATIN AMERICA AND THE CARIBBEAN.

       (a) Strategy Required.--
       (1) In general.--The President shall establish a 
     comprehensive United States strategy for public and private 
     investment, trade, and development in Africa and Latin 
     America and the Caribbean.
       (2) Focus of strategy.--The strategy required by paragraph 
     (1) shall focus on increasing exports of United States goods 
     and services to Africa and Latin America and the Caribbean by 
     200 percent in real dollar value by the date that is 10 years 
     after the date of the enactment of this Act.

[[Page S3811]]

       (3) Consultations.--In developing the strategy required by 
     paragraph (1), the President shall consult with--
       (A) Congress;
       (B) each agency that is a member of the Trade Promotion 
     Coordinating Committee;
       (C) the relevant multilateral development banks, in 
     coordination with the Secretary of the Treasury and the 
     respective United States Executive Directors of such banks;
       (D) each agency that participates in the Trade Policy Staff 
     Committee established;
       (E) the President's Export Council;
       (F) each of the development agencies;
       (G) any other Federal agencies with responsibility for 
     export promotion or financing and development; and
       (H) the private sector, including businesses, 
     nongovernmental organizations, and African and Latin American 
     and Caribbean diaspora groups.
       (4) Submission to appropriate congressional committees.--
       (A) Strategy.--Not later than 200 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress the strategy required by subsection (a).
       (B) Progress report.--Not later than 3 years after the date 
     of the enactment of this Act, the President shall submit to 
     Congress a report on the implementation of the strategy 
     required by paragraph (1).
       (b) Special Africa and Latin America and the Caribbean 
     Export Strategy Coordinators.--The Secretary of Commerce 
     shall designate an individual within the Department of 
     Commerce to serve as Special Africa Export Strategy 
     Coordinator and an individual within the Department of 
     Commerce to serve as Special Latin America and the Caribbean 
     Export Strategy Coordinator--
       (1) to oversee the development and implementation of the 
     strategy required by subsection (a);
       (2) to coordinate developing and implementing the strategy 
     with--
       (A) the Trade Promotion Coordinating Committee;
       (B) the Director General for the U.S. and Foreign 
     Commercial Service and the Assistant Secretary for Global 
     Markets;
       (C) the Assistant United States Trade Representative for 
     African Affairs or the Assistant United States Trade 
     Representative for the Western Hemisphere, as appropriate;
       (D) the Assistant Secretary of State for African Affairs or 
     the Assistant Secretary of State for Western Hemisphere 
     Affairs, as appropriate;
       (E) the Foreign Agricultural Service of the Department of 
     Agriculture;
       (F) the Export-Import Bank of the United States;
       (G) the United States International Development Finance 
     Corporation; and
       (H) the development agencies; and
       (3) considering and reflecting the impact of promotion of 
     United States exports on the economy and employment 
     opportunities of importing country, with a view to improving 
     secure supply chains, avoiding economic disruptions, and 
     stabilizing economic growth in a trade and export strategy.
       (c) Trade Missions to Africa and Latin America and the 
     Caribbean.--It is the sense of Congress that, not later than 
     one year after the date of the enactment of this Act, the 
     Secretary of Commerce and other high-level officials of the 
     United States Government with responsibility for export 
     promotion, financing, and development should conduct joint 
     trade missions to Africa and to Latin America and the 
     Caribbean.
       (d) Training.--The President shall develop a plan--
       (1) to standardize the training received by United States 
     and Foreign Commercial Service officers, economic officers of 
     the Department of State, and economic officers of the United 
     States Agency for International Development with respect to 
     the programs and procedures of the Export-Import Bank of the 
     United States, the United States International Development 
     Finance Corporation, the Small Business Administration, and 
     the United States Trade and Development Agency; and
       (2) to ensure that, not later than one year after the date 
     of the enactment of this Act--
       (A) all United States and Foreign Commercial Service 
     officers that are stationed overseas receive the training 
     described in paragraph (1); and
       (B) in the case of a country to which no United States and 
     Foreign Commercial Service officer is assigned, any economic 
     officer of the Department of State stationed in that country 
     receives that training.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Finance, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on Ways 
     and Means, and the Committee on Energy and Commerce of the 
     House of Representatives.
       (2) Development agencies.--The term ``development 
     agencies'' means the United States Department of State, the 
     United States Agency for International Development, the 
     Millennium Challenge Corporation, the United States 
     International Development Finance Corporation, the United 
     States Trade and Development Agency, the United States 
     Department of Agriculture, and relevant multilateral 
     development banks.
       (3) Multilateral development banks.--The term 
     ``multilateral development banks'' has the meaning given that 
     term in section 1701(c)(4) of the International Financial 
     Institutions Act (22 U.S.C. 262r(c)(4)) and includes the 
     African Development Foundation.
       (4) Trade policy staff committee.--The term ``Trade Policy 
     Staff Committee'' means the Trade Policy Staff Committee 
     established pursuant to section 2002.2 of title 15, Code of 
     Federal Regulations.
       (5) Trade promotion coordinating committee.--The term 
     ``Trade Promotion Coordinating Committee'' means the Trade 
     Promotion Coordinating Committee established under section 
     2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
       (6) United states and foreign commercial service.--The term 
     ``United States and Foreign Commercial Service'' means the 
     United States and Foreign Commercial Service established by 
     section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 
     4721).

     SEC. __. SENSE OF CONGRESS ON PRIORITIZING NOMINATION AND 
                   CONFIRMATION OF QUALIFIED AMBASSADORS.

       It is the sense of Congress that it is critically important 
     that both the President and the Senate play their respective 
     roles to nominate and confirm qualified ambassadors as 
     quickly as possible.

     SEC. __. WESTERN HEMISPHERE DEFINED.

       In this subtitle, the term ``Western Hemisphere'' does not 
     include Cuba, Nicaragua, or Venezuela.

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

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives a report on efforts by the Maduro regime of 
     Venezuela to detain United States citizens and lawful 
     permanent residents.
       (b) Elements.--The report required by subsection (a) shall 
     include, regarding the arrest, capture, detainment, and 
     imprisonment of United States citizens and lawful permanent 
     residents--
       (1) the names, positions, and institutional affiliation of 
     Venezuelan individuals, or those acting on their behalf, who 
     have engaged in such activities;
       (2) a description of any role played by transnational 
     criminal organizations, and an identification of such 
     organizations; and
       (3) where relevant, an assessment of whether and how United 
     States citizens and lawful permanent residents have been 
     lured to Venezuela.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but shall include a 
     classified annex, which shall include a list of the total 
     number of United States citizens and lawful permanent 
     residents detained or imprisoned in Venezuela as of the date 
     on which the report is submitted.
       At the appropriate place in title XVI, insert the 
     following:

     SEC. 16__. IMPROVEMENTS RELATING TO CYBER PROTECTION SUPPORT 
                   FOR DEPARTMENT OF DEFENSE PERSONNEL IN 
                   POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.

       Section 1645 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2224 note) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``and personal accounts'' after ``personal 
     technology devices''; and
       (ii) by inserting ``and shall provide such support to any 
     such personnel who request the support'' after ``in paragraph 
     (2)''; and
       (B) in paragraph (2)(B), by inserting ``or personal 
     accounts'' after ``personal technology devices'';
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``or personal accounts'' 
     after ``personal technology devices''; and
       (B) in paragraph (2), by striking ``and networks'' and 
     inserting ``, personal networks, and personal accounts''; and
       (3) by striking subsections (d) and (e) and inserting the 
     following new subsection (d):
       ``(d) Definitions.--In this section:
       ``(1) The term `personal accounts' means accounts for 
     online and telecommunications services, including telephone, 
     residential internet access, email, text and multimedia 
     messaging, cloud computing, social media, health care, and 
     financial services, used by Department of Defense personnel 
     outside of the scope of their employment with the Department.
       ``(2) The term `personal technology devices ' means 
     technology devices used by Department of Defense personnel 
     outside of the scope of their employment with the Department 
     and includes networks to which such devices connect.''.

     SEC. 16__. COMPTROLLER GENERAL REPORT ON EFFORTS TO PROTECT 
                   PERSONAL INFORMATION OF DEPARTMENT OF DEFENSE 
                   PERSONNEL FROM EXPLOITATION BY FOREIGN 
                   ADVERSARIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall brief the appropriate congressional 
     committees on Department of Defense efforts to protect 
     personal information of its personnel from exploitation by 
     foreign adversaries.
       (b) Elements.--The briefing required under subsection (a) 
     shall include any observations on the following elements:

[[Page S3812]]

       (1) An assessment of efforts by the Department of Defense 
     to protect the personal information, including location data 
     generated by smart phones, of members of the Armed Forces, 
     civilian employees of the Department of Defense, veterans, 
     and their families from exploitation by foreign adversaries.
       (2) Recommendations to improve Department of Defense 
     policies and programs to meaningfully address this threat.
       (c) Report.--The Comptroller General shall publish on its 
     website an unclassified report, which may contain a 
     classified annex submitted to the congressional defense and 
     intelligence committees, on the elements described in 
     subsection (b) at a time mutually agreed upon.
       (d) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the congressional defense committees;
       (2) the Select Committee on Intelligence of the Senate; and
       (3) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
     Viz:
       At the end of subtitle F of title X, add the following:

     SEC. 1063. ENSURING RELIABLE SUPPLY OF CRITICAL MINERALS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the People's Republic of China's dominant share of the 
     global minerals market is a threat to the economic stability, 
     well being, and competitiveness of key industries in the 
     United States;
       (2) the United States should reduce reliance on the 
     People's Republic of China for critical minerals through--
       (A) strategic investments in development projects, 
     production technologies, and refining facilities in the 
     United States; and
       (B) in partnership with strategic allies of the United 
     States that are reliable trading partners, including members 
     of the Quadrilateral Security Dialogue; and
       (3) the United States Trade Representative should initiate 
     multilateral talks among the countries of the Quadrilateral 
     Security Dialogue to promote shared investment and 
     development of critical minerals.
       (b) Report Required.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the United States Trade 
     Representative, in consultation with the officials specified 
     in paragraph (3), shall submit to the appropriate 
     congressional committees a report on the work of the Trade 
     Representative to address the national security threat posed 
     by the People's Republic of China's control of nearly \2/3\ 
     of the global supply of critical minerals.
       (2) Elements.--The report required by paragraph (1) shall 
     include--
       (A) a description of the extent of the engagement of the 
     United States with the other countries of the Quadrilateral 
     Security Dialogue to promote shared investment and 
     development of critical minerals during the period beginning 
     on the date of the enactment of this Act and ending on the 
     date of the report; and
       (B) a description of the plans of the President to leverage 
     the partnership of the countries of the Quadrilateral 
     Security Dialogue to produce a more reliable and secure 
     global supply chain of critical minerals.
       (3) Officials specified.--The officials specified in this 
     paragraph are the following:
       (A) The Secretary of Commerce.
       (B) The Chief Executive Officer of the United States 
     International Development Finance Corporation.
       (C) The Secretary of Energy.
       (D) The Director of the United States Geological Survey.
       (4) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Finance and the Committee on Energy 
     and Natural Resources of the Senate; and
       (B) the Committee on Ways and Means and the Committee on 
     Energy and Commerce of the House of Representatives.
       At the end of subtitle G of title X, add the following:

     SEC. 1083. PROHIBITION OF DEMAND FOR BRIBE.

       Section 201 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(4) the term `foreign official' means--
       ``(A)(i) any official or employee of a foreign government 
     or any department, agency, or instrumentality thereof; or
       ``(ii) any senior foreign political figure, as defined in 
     section 1010.605 of title 31, Code of Federal Regulations, or 
     any successor regulation;
       ``(B) any official or employee of a public international 
     organization;
       ``(C) any person acting in an official capacity for or on 
     behalf of--
       ``(i) a government, department, agency, or instrumentality 
     described in subparagraph (A)(i); or
       ``(ii) a public international organization; or
       ``(D) any person acting in an unofficial capacity for or on 
     behalf of--
       ``(i) a government, department, agency, or instrumentality 
     described in subparagraph (A)(i); or
       ``(ii) a public international organization; and
       ``(5) the term `public international organization' means--
       ``(A) an organization that is designated by Executive order 
     pursuant to section 1 of the International Organizations 
     Immunities Act (22 U.S.C. 288); or
       ``(B) any other international organization that is 
     designated by the President by Executive order for the 
     purposes of this section, effective as of the date of 
     publication of such order in the Federal Register.''; and
       (2) by adding at the end the following:
       ``(f) Prohibition of Demand for a Bribe.--
       ``(1) Offense.--It shall be unlawful for any foreign 
     official or person selected to be a foreign official to 
     corruptly demand, seek, receive, accept, or agree to receive 
     or accept, directly or indirectly, anything of value 
     personally or for any other person or nongovernmental entity, 
     by making use of the mails or any means or instrumentality of 
     interstate commerce, from any person (as defined in section 
     104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 
     78dd-3), except that that definition shall be applied without 
     regard to whether the person is an offender) while in the 
     territory of the United States, from an issuer (as defined in 
     section 3(a) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78c(a))), or from a domestic concern (as defined in 
     section 104 of the Foreign Corrupt Practices Act of 1977 (15 
     U.S.C. 78dd-2)), in return for--
       ``(A) being influenced in the performance of any official 
     act;
       ``(B) being induced to do or omit to do any act in 
     violation of the official duty of such foreign official or 
     person; or
       ``(C) conferring any improper advantage,
     in connection with obtaining or retaining business for or 
     with, or directing business to, any person.
       ``(2) Penalties.--Any person who violates paragraph (1) 
     shall be fined not more than $250,000 or 3 times the monetary 
     equivalent of the thing of value, imprisoned for not more 
     than 15 years, or both.
       ``(3) Jurisdiction.--An offense under paragraph (1) shall 
     be subject to extraterritorial Federal jurisdiction.
       ``(4) Report.--Not later than 1 year after the date of 
     enactment of the Foreign Extortion Prevention Act, and 
     annually thereafter, the Attorney General, in consultation 
     with the Secretary of State as relevant, shall submit to the 
     Committee on the Judiciary and the Committee on Foreign 
     Relations of the Senate and the Committee on the Judiciary 
     and the Committee on Foreign Affairs of the House of 
     Representatives, and post on the publicly available website 
     of the Department of Justice, a report--
       ``(A) focusing, in part, on demands by foreign officials 
     for bribes from entities domiciled or incorporated in the 
     United States, and the efforts of foreign governments to 
     prosecute such cases;
       ``(B) addressing United States diplomatic efforts to 
     protect entities domiciled or incorporated in the United 
     States from foreign bribery, and the effectiveness of those 
     efforts in protecting such entities;
       ``(C) summarizing major actions taken under this section in 
     the previous year, including enforcement actions taken and 
     penalties imposed;
       ``(D) evaluating the effectiveness of the Department of 
     Justice in enforcing this section; and
       ``(E) detailing what resources or legislative action the 
     Department of Justice needs to ensure adequate enforcement of 
     this section.
       ``(5) Rule of construction.--This subsection shall not be 
     construed as encompassing conduct that would violate section 
     30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) 
     or section 104 or 104A of the Foreign Corrupt Practices Act 
     of 1977 (15 U.S.C. 78dd-2; 15 U.S.C. 78dd-3) whether pursuant 
     to a theory of direct liability, conspiracy, complicity, or 
     otherwise.''.
        At the appropriate place in title III, insert the 
     following:

     SEC. 3__. MODIFICATIONS TO MILITARY AVIATION AND INSTALLATION 
                   ASSURANCE CLEARINGHOUSE FOR REVIEW OF MISSION 
                   OBSTRUCTIONS.

       (a) Projects Proposed Within Two Nautical Miles of Any 
     Active Intercontinental Ballistic Missile Launch Facility or 
     Control Center.--Section 183a of title 10, United States 
     Code, is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (B), by inserting ``or any active 
     intercontinental ballistic missile launch facility or control 
     center'' after ``military training routes''; and
       (B) in subparagraph (E), by striking ``or a Deputy Under 
     Secretary of Defense'' and inserting ``a Deputy Under 
     Secretary of Defense, or, in the case of a geographic area of 
     concern related to an active intercontinental ballistic 
     missile launch facility or control center, the Assistant 
     Secretary of Defense for Energy, Installations, and 
     Environment''; and
       (2) in subsection (e)(1)--
       (A) in the first sentence--
       (i) by striking ``The Secretary'' and inserting ``(A) The 
     Secretary''; and
       (ii) by inserting ``or antenna structure project'' after 
     ``energy project'';
       (B) in the second sentence, by striking ``The Secretary of 
     Defense's finding of unacceptable risk to national security'' 
     and inserting the following:
       ``(C) Any finding of unacceptable risk to national security 
     by the Secretary of Defense under this paragraph''; and
       (C) by inserting after subparagraph (A), as designated by 
     subparagraph (A)(i) of this paragraph, the following new 
     subparagraph:

[[Page S3813]]

       ``(B)(i) In the case of any energy project or antenna 
     structure project with proposed structures more than 200 feet 
     above ground level located within two nautical miles of an 
     active intercontinental ballistic missile launch facility or 
     control center, the Secretary of Defense shall issue a 
     finding of unacceptable risk to national security for such 
     project if the mitigation actions identified pursuant to this 
     section do not include removal of all such proposed 
     structures from such project after receiving notice of 
     presumed risk from the Clearinghouse under subsection (c)(2).
       ``(ii) Clause (i) does not apply to structures approved 
     before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2024 or to structures that 
     are re-powered with updated technology in the same location 
     as previously approved structures.''.
       (b) Inclusion of Antenna Structure Projects.--
       (1) In general.--Such section is further amended--
       (A) by inserting ``or antenna structure projects'' after 
     ``energy projects'' each place it appears; and
       (B) by inserting ``or antenna structure project'' after 
     ``energy project'' each place it appears (except for 
     subsections (e)(1) and (h)(2)).
       (2) Antenna structure project defined.--Section 183a(h) of 
     such title is amended--
       (A) by redesignating paragraphs (2) through (9) as 
     paragraphs (3) through (10), respectively; and
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) The term `antenna structure project'--
       ``(A) means a project to construct a structure located 
     within two nautical miles of any intercontinental ballistic 
     missile launch facility or control center that is constructed 
     or used to transmit radio energy or that is constructed or 
     used for the primary purpose of supporting antennas to 
     transmit or receive radio energy (or both), and any antennas 
     and other appurtenances mounted on the structure, from the 
     time construction of the supporting structure begins until 
     such time as the supporting structure is dismantled; and
       ``(B) does not include any project in support of or 
     required by an intercontinental ballistic missile launch 
     facility or control center.''.
       At the appropriate place in title X, insert the following:

     SEC. 10__. STUDIES AND REPORTS ON TREATMENT OF SERVICE OF 
                   CERTAIN MEMBERS OF THE ARMED FORCES WHO SERVED 
                   IN FEMALE CULTURAL SUPPORT TEAMS.

       (a) Findings.--Congress finds the following:
       (1) In 2010, the Commander of United States Special 
     Operations Command established the Cultural Support Team 
     Program to overcome significant intelligence gaps during the 
     Global War on Terror.
       (2) From 2010 through 2021, approximately 310 female 
     members, from every Armed Force, passed and were selected as 
     members of female cultural support teams, and deployed with 
     special operations forces.
       (3) Members of female cultural support teams served 
     honorably, demonstrated commendable courage, overcame such 
     intelligence gaps, engaged in direct action, and suffered 
     casualties during the Global War on Terror.
       (4) The Federal Government has a duty to recognize members 
     and veterans of female cultural support teams who volunteered 
     to join the Armed Forces, to undergo arduous training for 
     covered service, and to execute dangerous and classified 
     missions in the course of such covered service.
       (5) Members who performed covered service have sought 
     treatment from the Department of Veterans Affairs for 
     traumatic brain injuries, post-traumatic stress, and 
     disabling physical trauma incurred in the course of such 
     covered service, but have been denied such care.
       (b) Sense of Congress.--It is the Sense of Congress that--
       (1) individuals who performed covered service performed 
     exceptional service to the United States; and
       (2) the Secretary of Defense should ensure that the 
     performance of covered service is included in the military 
     service record of each individual who performed covered 
     service so that those with service-connected injuries can 
     receive proper care and benefits for their service.
       (c) Secretary of Defense Study and Report.--
       (1) In general.--Not later than March 31, 2024, the 
     Secretary of Defense shall--
       (A) carry out a study on the treatment of covered service 
     for purposes of retired pay under laws administered by the 
     Secretary; and
       (B) submit to the appropriate committees of Congress a 
     report on the findings of the Secretary with respect to the 
     study carried out under paragraph (1).
       (2) List.--The report submitted under paragraph (1)(B) 
     shall include a list of each individual who performed covered 
     service whose military service record should be modified on 
     account of covered service.
       (d) Secretary of Veterans Affairs Study and Report.--
       (1) In general.--Not later than March 31, 2024, the 
     Secretary of Veterans Affairs shall--
       (A) carry out a study on the treatment of covered service 
     for purposes of compensation under laws administered by the 
     Secretary; and
       (B) submit to the appropriate committees of Congress a 
     report on the findings of the Secretary with respect to the 
     study carried out under paragraph (1).
       (2) Contents.--The report submitted under paragraph (1)(B) 
     shall include the following:
       (A) A list of each veteran who performed covered service 
     whose claim for disability compensation under a law 
     administered by the Secretary was denied due to the inability 
     of the Department of Veterans Affairs to determine the injury 
     was service-connected.
       (B) An estimate of the cost that would be incurred by the 
     Department to provide veterans described in subparagraph (A) 
     with the health care and benefits they are entitled to under 
     the laws administered by the Secretary on account of their 
     covered service.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
       (2) Covered service.--The term ``covered service'' means 
     service--
       (A) as a member of the Armed Forces;
       (B) in a female cultural support team;
       (C) with the personnel development skill identifier of R2J 
     or 5DK, or any other validation methods, such as valid sworn 
     statements, officer and enlisted performance evaluations, 
     training certificates, or records of an award from completion 
     of tour with a cultural support team; and
       (D) during the period beginning on January 1, 2010, and 
     ending on August 31, 2021.
       At the end of subtitle G of title X, add the following:

     SEC. 1083. GLOBAL COOPERATIVE FRAMEWORK TO END HUMAN RIGHTS 
                   ABUSES IN SOURCING CRITICAL MINERALS.

       (a) In General.--The Secretary of State shall seek to 
     convene a meeting of foreign leaders to establish a 
     multilateral framework to end human rights abuses, including 
     the exploitation of forced labor and child labor, related to 
     the mining and sourcing of critical minerals.
       (b) Implementation Report.--The Secretary shall lead the 
     development of an annual global report on the implementation 
     of the framework under subsection (a), including progress and 
     recommendations to fully end human rights abuses, including 
     the exploitation of forced labor and child labor, related to 
     the extraction of critical minerals around the world.
       (c) Consultations.--The Secretary shall consult closely on 
     a timely basis with the following with respect to developing 
     and implementing the framework under subsection (a):
       (1) The Forced Labor Enforcement Task Force established 
     under section 741 of the United States-Mexico-Canada 
     Agreement Implementation Act (19 U.S.C. 4681).
       (2) Congress.
       (d) Relationship to United States Law.--Nothing in the 
     framework under subsection (a) shall be construed--
       (1) to amend or modify any law of the United States; or
       (2) to limit any authority conferred under any law of the 
     United States.
       (e) Extractive Industries Transparency Initiative and 
     Certain Provisions of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act.--Nothing in this section shall--
       (1) affect the authority of the President to take any 
     action to join and subsequently comply with the terms and 
     obligations of the Extractive Industries Transparency 
     Initiative (EITI); or
       (2) affect section 1502 of the Dodd-Frank Wall Street 
     Reform and Consumer Protection Act (15 U.S.C. 78m note), or 
     subsection (q) of section 13 of the Securities Exchange Act 
     of 1934 (15 U.S.C. 78m), as added by section 1504 of the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act 
     (Public Law 111-203; 124 Stat. 2220), or any rule prescribed 
     under either such section.
       (f) Critical Mineral Defined.--In this section, 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)).
       At the appropriate place, insert the following:

     SEC. __. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN 
                   SMALL BUSINESS CONCERNS.

       (a) Socially and Economically Disadvantaged Small Business 
     Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business 
     Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended--
       (1) by inserting ``(or $10,000,000, in the case of a 
     Department of Defense contract, as adjusted for inflation by 
     the Federal Acquisition Regulatory Council under section 
     1.109 of the Federal Acquisition Regulation)'' after 
     ``$7,000,000''; and
       (2) by inserting ``(or $8,000,000, in the case of a 
     Department of Defense contract, as adjusted for inflation by 
     the Federal Acquisition Regulatory Council under section 
     1.109 of the Federal Acquisition Regulation)'' after 
     ``$3,000,000''.
       (b) Certain Small Business Concerns Owned and Controlled by 
     Women.--Section 8(m) of the Small Business Act (15 
     U.S.C.637(m)) is amended--
       (1) in paragraph (7)(B)--
       (A) in clause (i), by inserting ``(or $10,000,000, in the 
     case of a Department of Defense contract, as adjusted for 
     inflation by

[[Page S3814]]

     the Federal Acquisition Regulatory Council under section 
     1.109 of the Federal Acquisition Regulation)'' after 
     ``$7,000,000''; and
       (B) in clause (ii), by inserting ``(or $8,000,000, in the 
     case of a Department of Defense contract, as adjusted for 
     inflation by the Federal Acquisition Regulatory Council under 
     section 1.109 of the Federal Acquisition Regulation)'' after 
     ``$4,000,000''; and
       (2) in paragraph (8)(B)--
       (A) in clause (i), by inserting ``(or $10,000,000, in the 
     case of a Department of Defense contract, as adjusted for 
     inflation by the Federal Acquisition Regulatory Council under 
     section 1.109 of the Federal Acquisition Regulation)'' after 
     ``$7,000,000''; and
       (B) in clause (ii), by inserting ``(or $8,000,000, in the 
     case of a Department of Defense contract, as adjusted for 
     inflation by the Federal Acquisition Regulatory Council under 
     section 1.109 of the Federal Acquisition Regulation)'' after 
     ``$4,000,000''.
       (c) Qualified Hubzone Small Business Concerns.--Section 
     31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 
     657a(c)(2)(A)(ii)) is amended--
       (1) in subclause (I), by inserting ``(or $10,000,000, in 
     the case of a Department of Defense contract, as adjusted for 
     inflation by the Federal Acquisition Regulatory Council under 
     section 1.109 of the Federal Acquisition Regulation)'' after 
     ``$7,000,000''; and
       (2) in subclause (II), by inserting ``(or $8,000,000, in 
     the case of a Department of Defense contract, as adjusted for 
     inflation by the Federal Acquisition Regulatory Council under 
     section 1.109 of the Federal Acquisition Regulation)'' after 
     ``$3,000,000''.
       (d) Small Business Concerns Owned and Controlled by 
     Service-disabled Veterans.--Section 36(c)(2) of the Small 
     Business Act (15 U.S.C. 657f(c)(2)) is amended--
       (1) in subparagraph (A), by inserting ``(or $10,000,000, in 
     the case of a Department of Defense contract, as adjusted for 
     inflation by the Federal Acquisition Regulatory Council under 
     section 1.109 of the Federal Acquisition Regulation)'' after 
     ``$7,000,000''; and
       (2) in subparagraph (B), by inserting ``(or $8,000,000, in 
     the case of a Department of Defense contract, as adjusted for 
     inflation by the Federal Acquisition Regulatory Council under 
     section 1.109 of the Federal Acquisition Regulation)'' after 
     ``$3,000,000''.
       (e) Certain Veteran-owned Concerns.--Section 8127(c) of 
     title 38, United States Code, is amended by striking 
     ``$5,000,000'' and inserting ``the dollar thresholds under 
     section 36(c)(2) of the Small Business Act (15 U.S.C. 
     657f(c)(2))''.
       At the end of subtitle G of title XII, add the following:

     SEC. 1299L. LEGAL PREPAREDNESS FOR SERVICEMEMBERS ABROAD.

       (a) Review Required.--Not later than December 31, 2024, the 
     Secretary of State, in coordination with the Secretary of 
     Defense, shall--
       (1) review the 10 largest foreign countries by United 
     States Armed Forces presence and evaluate local legal 
     systems, protections afforded by bilateral agreements between 
     the United States and countries being evaluated, and how the 
     rights and privileges afforded under such agreements may 
     differ from United States law; and
       (2) brief the Committee on Armed Services and the Committee 
     on Foreign Affairs of the House of Representatives and the 
     Committee on Armed Services and the Committee on Foreign 
     Relations of the Senate on the findings of the review.
       (b) Training Required.--The Secretary of Defense shall 
     review and improve as necessary training and educational 
     materials for members of the Armed Forces, their spouses, and 
     dependents, as appropriate, who are stationed in a country 
     reviewed pursuant to subsection (a)(1) regarding relevant 
     foreign laws, how such foreign laws may differ from the laws 
     of the United States, and the rights of accused in common 
     scenarios under such foreign laws.
       (c) Translation Standards and Readiness.--The Secretary of 
     Defense, in coordination with the Secretary of State, shall 
     review foreign language standards for servicemembers and 
     employees of the Department of Defense and Department of 
     State who are responsible for providing foreign language 
     translation services in situations involving foreign law 
     enforcement where a servicemember may be being detained, to 
     ensure such persons maintain an appropriate proficiency in 
     the legal terminology and meaning of essential terms in a 
     relevant language.
       At the end of title X of division A, add the following:

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

     SEC. 1091. SHORT TITLE.

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

     SEC. 1092. DEFINITIONS.

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

     SEC. 1093. ASSESSMENT OF ILLICIT USAGE.

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

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

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security and 
     the Secretary of State shall submit to the appropriate 
     congressional committees a joint strategy, to be known as the 
     National Strategy to Combat Illicit Recruitment Activity by 
     Transnational Criminal Organizations on Social Media and 
     Online Platforms, to combat the use of covered services by 
     transnational criminal organizations, or criminal enterprises 
     acting on behalf of transnational criminal organizations, to 
     recruit individuals located in the United States to engage in 
     or provide support with

[[Page S3815]]

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

     SEC. 1095. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to expand the 
     statutory law enforcement or regulatory authority of the 
     Department of Homeland Security or the Department of State.

     SEC. 1096. NO ADDITIONAL FUNDS.

       No additional funds are authorized to be appropriated for 
     the purpose of carrying out this subtitle.
       At the end of subtitle G of title X, add the following:

     SEC. 1083. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.

       Section 484C(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1091c(a)) is amended to read as follows:
       ``(a) Definition of Service in the Uniformed Services.--In 
     this section, the term `service in the uniformed services' 
     means service (whether voluntary or involuntary) on active 
     duty in the Armed Forces, including such service by a member 
     of the National Guard or Reserve.''
        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

[[Page S3816]]

     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 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).

[[Page S3817]]

       (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
       (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,

[[Page S3818]]

     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;
       (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--

[[Page S3819]]

       (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;
       (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--

[[Page S3820]]

       (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--
       (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.

[[Page S3821]]

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

[[Page S3822]]

  


       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;
       ``(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

[[Page S3823]]

       ``(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)).
       (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;

[[Page S3824]]

       (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.
       At the appropriate place, insert the following:

    DIVISION _--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2024''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

    DIVISION _--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by 
              law.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

Sec. 301. Plan to recruit, train, and retain personnel with experience 
              in financial intelligence and emerging technologies.
Sec. 302. Policy and performance framework for mobility of intelligence 
              community workforce.
Sec. 303. In-State tuition rates for active duty members of the 
              intelligence community.
Sec. 304. Standards, criteria, and guidance for counterintelligence 
              vulnerability assessments and surveys.
Sec. 305. Improving administration of certain post-employment 
              restrictions for intelligence community.
Sec. 306. Mission of the National Counterintelligence and Security 
              Center.
Sec. 307. Prohibition relating to transport of individuals detained at 
              United States Naval Station, Guantanamo Bay, Cuba.
Sec. 308. Department of Energy science and technology risk assessments.
Sec. 309. Congressional oversight of intelligence community risk 
              assessments.
Sec. 310. Inspector General review of dissemination by Federal Bureau 
              of Investigation Richmond, Virginia, field office of 
              certain document.
Sec. 311. Office of Intelligence and Analysis.

                Subtitle B--Central Intelligence Agency

Sec. 321. Change to penalties and increased availability of mental 
              health treatment for unlawful conduct on Central 
              Intelligence Agency installations.
Sec. 322. Modifications to procurement authorities of the Central 
              Intelligence Agency.
Sec. 323. Establishment of Central Intelligence Agency standard 
              workplace sexual misconduct complaint investigation 
              procedure.

             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

                 Subtitle A--People's Republic of China

Sec. 401. Intelligence community coordinator for accountability of 
              atrocities of the People's Republic of China.
Sec. 402. Interagency working group and report on the malign efforts of 
              the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by 
              intelligence community working group for monitoring the 
              economic and technological capabilities of the People's 
              Republic of China.
Sec. 404. Assessments of reciprocity in the relationship between the 
              United States and the People's Republic of China.
Sec. 405. Annual briefing on intelligence community efforts to identify 
              and mitigate Chinese Communist Party and Russian foreign 
              malign influence operations against the United States.
Sec. 406. Assessment of threat posed to United States ports by cranes 
              manufactured by countries of concern.

                  Subtitle B--Other Foreign Countries

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

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

                      Subtitle A--General Matters

Sec. 501. Assignment of detailees from intelligence community to 
              Department of Commerce.

   Subtitle B--Next-generation Energy, Biotechnology, and Artificial 
                              Intelligence

Sec. 511. Expanded annual assessment of economic and technological 
              capabilities of the People's Republic of China.
Sec. 512. Assessment of using civil nuclear energy for intelligence 
              community capabilities.
Sec. 513. Policies established by Director of National Intelligence for 
              artificial intelligence capabilities.

                    TITLE VI--WHISTLEBLOWER MATTERS

Sec. 601. Submittal to Congress of complaints and information by 
              whistleblowers in the intelligence community.
Sec. 602. Prohibition against disclosure of whistleblower identity as 
              reprisal against whistleblower disclosure by employees 
              and contractors in intelligence community.
Sec. 603. Establishing process parity for adverse security clearance 
              and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory 
              revocation of security clearances and access 
              determinations.
Sec. 605. Modification and repeal of reporting requirements.

                    TITLE VII--CLASSIFICATION REFORM

             Subtitle A--Classification Reform Act of 2023

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

            Subtitle B--Sensible Classification Act of 2023

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

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

Sec. 801. Review of shared information technology services for 
              personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for 
              personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.

[[Page S3825]]

Sec. 804. Survey to assess strengths and weaknesses of Trusted 
              Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified 
              information solely because of past use of cannabis.

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

Sec. 901. Improved funding flexibility for payments made by the Central 
              Intelligence Agency for qualifying injuries to the brain.
Sec. 902. Clarification of requirements to seek certain benefits 
              relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021 
              authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling 
              of anomalous health incidents.

                       TITLE X--ELECTION SECURITY

Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for 
              Elections through Independent Testing Act of 2023.

                        TITLE XI--OTHER MATTERS

Sec. 1101. Modification of reporting requirement for All-domain Anomaly 
              Resolution Office.
Sec. 1102. Funding limitations relating to unidentified anomalous 
              phenomena.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in such section.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2024 for the conduct of the intelligence and 
     intelligence-related activities of the Federal Government.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts.--The amounts authorized to 
     be appropriated under section 101 for the conduct of the 
     intelligence activities of the Federal Government are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany this division.
       (b) Availability of Classified Schedule of 
     Authorizations.--
       (1) Availability.--The classified Schedule of 
     Authorizations referred to in subsection (a) shall be made 
     available to the Committee on Appropriations of the Senate, 
     the Committee on Appropriations of the House of 
     Representatives, and to the President.
       (2) Distribution by the president.--Subject to paragraph 
     (3), the President shall provide for suitable distribution of 
     the classified Schedule of Authorizations referred to in 
     subsection (a), or of appropriate portions of such Schedule, 
     within the executive branch of the Federal Government.
       (3) Limits on disclosure.--The President shall not publicly 
     disclose the classified Schedule of Authorizations or any 
     portion of such Schedule except--
       (A) as provided in section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     3306(a));
       (B) to the extent necessary to implement the budget; or
       (C) as otherwise required by law.

     SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2024 the sum of $658,950,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2024 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

     SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this division for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund 
     $514,000,000 for fiscal year 2024.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

     SEC. 301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH 
                   EXPERIENCE IN FINANCIAL INTELLIGENCE AND 
                   EMERGING TECHNOLOGIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in coordination with the heads of human capital 
     of the Central Intelligence Agency, the National Security 
     Agency, and the Federal Bureau of Investigation, shall submit 
     to the congressional intelligence committees, the Committee 
     on Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives a plan for the 
     intelligence community to recruit, train, and retain 
     personnel who have skills and experience in financial 
     intelligence and emerging technologies in order to improve 
     analytic tradecraft.
       (b) Elements.--The plan required by subsection (a) shall 
     include the following elements:
       (1) An assessment, including measurable benchmarks of 
     progress, of current initiatives of the intelligence 
     community to recruit, train, and retain personnel who have 
     skills and experience in financial intelligence and emerging 
     technologies.
       (2) An assessment of whether personnel in the intelligence 
     community who have such skills are currently well integrated 
     into the analytical cadre of the relevant elements of the 
     intelligence community that produce analyses with respect to 
     financial intelligence and emerging technologies.
       (3) An identification of challenges to hiring or 
     compensation in the intelligence community that limit 
     progress toward rapidly increasing the number of personnel 
     with such skills, and an identification of hiring or other 
     reforms to resolve such challenges.
       (4) A determination of whether the National Intelligence 
     University has the resources and expertise necessary to train 
     existing personnel in financial intelligence and emerging 
     technologies.
       (5) A strategy, including measurable benchmarks of 
     progress, to, by January 1, 2025, increase by 10 percent the 
     analytical cadre of personnel with expertise and previous 
     employment in financial intelligence and emerging 
     technologies.

     SEC. 302. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF 
                   INTELLIGENCE COMMUNITY WORKFORCE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall, in coordination with the Secretary of 
     Defense and the Director of the Office of Personnel 
     Management as the Director of National Intelligence considers 
     appropriate, develop and implement a policy and performance 
     framework to ensure the timely and effective mobility of 
     employees and contractors of the Federal Government who are 
     transferring employment between elements of the intelligence 
     community.
       (b) Elements.--The policy and performance framework 
     required by subsection (a) shall include processes with 
     respect to the following:
       (1) Human resources.
       (2) Medical reviews.
       (3) Determinations of suitability or eligibility for access 
     to classified information in accordance with Executive Order 
     13467 (50 U.S.C. 3161 note; relating to reforming processes 
     related to suitability for Government employment, fitness for 
     contractor employees, and eligibility for access to 
     classified national security information).

     SEC. 303. IN-STATE TUITION RATES FOR ACTIVE DUTY MEMBERS OF 
                   THE INTELLIGENCE COMMUNITY.

       (a) In General.--Section 135(d) of the Higher Education Act 
     of 1965 (20 U.S.C. 1015d(d)), as amended by section 
     6206(a)(4) of the Foreign Service Families Act of 2021 
     (Public Law 117-81), is further amended--
       (1) in paragraph (1), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) a member of the intelligence community (as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)) (other than a member of the Armed Forces of the United 
     States) who is on active duty for a period of more than 30 
     days.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect at each public institution of higher 
     education in a State that receives assistance under the 
     Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the 
     first period of enrollment at such institution that begins 
     after July 1, 2026.

     SEC. 304. STANDARDS, CRITERIA, AND GUIDANCE FOR 
                   COUNTERINTELLIGENCE VULNERABILITY ASSESSMENTS 
                   AND SURVEYS.

       Section 904(d)(7)(A) of the Counterintelligence Enhancement 
     Act of 2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as 
     follows:
       ``(A) Counterintelligence vulnerability assessments and 
     surveys.--To develop standards, criteria, and guidance for 
     counterintelligence risk assessments and surveys of the 
     vulnerability of the United States to intelligence threats, 
     including with respect to critical infrastructure and 
     critical technologies, in order to identify the areas, 
     programs, and activities that require protection from such 
     threats.''.

     SEC. 305. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT 
                   RESTRICTIONS FOR INTELLIGENCE COMMUNITY.

       Section 304 of the National Security Act of 1947 (50 U.S.C. 
     3073a) is amended--
       (1) in subsection (c)(1)--
       (A) by striking ``A former'' and inserting the following:

[[Page S3826]]

       ``(A) In general.--A former''; and
       (B) by adding at the end the following:
       ``(B) Prior disclosure to director of national 
     intelligence.--
       ``(i) In general.--In the case of a former employee who 
     occupies a covered post-service position in violation of 
     subsection (a), whether the former employee voluntarily 
     notified the Director of National Intelligence of the intent 
     of the former employee to occupy such covered post-service 
     position before occupying such post-service position may be 
     used in determining whether the violation was knowing and 
     willful for purposes of subparagraph (A).
       ``(ii) Procedures and guidance.--The Director of National 
     Intelligence may establish procedures and guidance relating 
     to the submittal of notice for purposes of clause (i).''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``the restrictions under 
     subsection (a) and'' before ``the report requirements'';
       (B) in paragraph (2), by striking ``ceases to occupy'' and 
     inserting ``occupies''; and
       (C) in paragraph (3)(B), by striking ``before the person 
     ceases to occupy a covered intelligence position'' and 
     inserting ``when the person occupies a covered intelligence 
     position''.

     SEC. 306. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND 
                   SECURITY CENTER.

       (a) In General.--Section 904 of the Counterintelligence 
     Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
       (1) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Mission.--The mission of the National 
     Counterintelligence and Security Center shall include 
     organizing and leading strategic planning for 
     counterintelligence activities of the United States 
     Government by integrating instruments of national power as 
     needed to counter foreign intelligence activities.''.
       (b) Conforming Amendments.--
       (1) Counterintelligence enhancement act of 2002.--Section 
     904 of the Counterintelligence Enhancement Act of 2002 (50 
     U.S.C. 3383) is amended--
       (A) in subsection (e), as redesignated by subsection 
     (a)(1), by striking ``Subject to subsection (e)'' both places 
     it appears and inserting ``Subject to subsection (f)''; and
       (B) in subsection (f), as so redesignated--
       (i) in paragraph (1), by striking ``subsection (d)(1)'' and 
     inserting ``subsection (e)(1)''; and
       (ii) in paragraph (2), by striking ``subsection (d)(2)'' 
     and inserting ``subsection (e)(2)''.
       (2) Counterintelligence and security enhancements act of 
     1994.--Section 811(d)(1)(B)(ii) of the Counterintelligence 
     and Security Enhancements Act of 1994 (50 U.S.C. 
     3381(d)(1)(B)(ii)) is amended by striking ``section 904(d)(2) 
     of that Act (50 U.S.C. 3383(d)(2))'' and inserting ``section 
     904(e)(2) of that Act (50 U.S.C. 3383(e)(2))''.

     SEC. 307. PROHIBITION RELATING TO TRANSPORT OF INDIVIDUALS 
                   DETAINED AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA.

       (a) Definition of Individual Detained at Guantanamo.--In 
     this section, the term ``individual detained at Guantanamo'' 
     has the meaning given that term in section 1034(f)(2) of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92; 129 Stat. 971; 10 U.S.C. 801 note).
       (b) Prohibition on Chartering Private or Commercial 
     Aircraft to Transport Individuals Detained at United States 
     Naval Station, Guantanamo Bay, Cuba.--No head of an element 
     of the intelligence community may charter any private or 
     commercial aircraft to transport an individual who is or was 
     an individual detained at Guantanamo.

     SEC. 308. DEPARTMENT OF ENERGY SCIENCE AND TECHNOLOGY RISK 
                   ASSESSMENTS.

       (a) Definitions.--In this section:
       (1) Country of risk.--
       (A) In general.--The term ``country of risk'' means a 
     foreign country determined by the Secretary, in accordance 
     with subparagraph (B), to present a risk of theft of United 
     States intellectual property or a threat to the national 
     security of the United States if nationals of the country, or 
     entities owned or controlled by the country or nationals of 
     the country, participate in any research, development, 
     demonstration, or deployment activity authorized under this 
     Act or an amendment made by this Act.
       (B) Determination.--In making a determination under 
     subparagraph (A), the Secretary, in coordination with the 
     Director of the Office of Intelligence and 
     Counterintelligence, shall take into consideration--
       (i) the most recent World Wide Threat Assessment of the 
     United States Intelligence Community, prepared by the 
     Director of National Intelligence; and
       (ii) the most recent National Counterintelligence Strategy 
     of the United States.
       (2) Covered support.--The term ``covered support'' means 
     any grant, contract, subcontract, award, loan, program, 
     support, or other activity authorized under this Act or an 
     amendment made by this Act.
       (3) Entity of concern.--The term ``entity of concern'' 
     means any entity, including a national, that is--
       (A) identified under section 1237(b) of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 (50 
     U.S.C. 1701 note; Public Law 105-261);
       (B) identified under section 1260H of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (10 U.S.C. 113 note; Public Law 116-283);
       (C) on the Entity List maintained by the Bureau of Industry 
     and Security of the Department of Commerce and set forth in 
     Supplement No. 4 to part 744 of title 15, Code of Federal 
     Regulations;
       (D) included in the list required by section 9(b)(3) of the 
     Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 
     134 Stat. 656); or
       (E) identified by the Secretary, in coordination with the 
     Director of the Office of Intelligence and 
     Counterintelligence and the applicable office that would 
     provide, or is providing, covered support, as posing an 
     unmanageable threat--
       (i) to the national security of the United States; or
       (ii) of theft or loss of United States intellectual 
     property.
       (4) National.--The term ``national'' has the meaning given 
     the term in section 101 of the Immigration and Nationality 
     Act (8 U.S.C. 1101).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Science and Technology Risk Assessment.--
       (1) In general.--The Secretary shall develop and maintain 
     tools and processes to manage and mitigate research security 
     risks, such as a science and technology risk matrix, informed 
     by threats identified by the Director of the Office of 
     Intelligence and Counterintelligence, to facilitate 
     determinations of the risk of loss of United States 
     intellectual property or threat to the national security of 
     the United States posed by activities carried out under any 
     covered support.
       (2) Content and implementation.--In developing and using 
     the tools and processes developed under paragraph (1), the 
     Secretary shall--
       (A) deploy risk-based approaches to evaluating, awarding, 
     and managing certain research, development, demonstration, 
     and deployment activities, including designations that will 
     indicate the relative risk of activities;
       (B) assess, to the extent practicable, ongoing high-risk 
     activities;
       (C) designate an officer or employee of the Department of 
     Energy to be responsible for tracking and notifying 
     recipients of any covered support of unmanageable threats to 
     United States national security or of theft or loss of United 
     States intellectual property posed by an entity of concern;
       (D) consider requiring recipients of covered support to 
     implement additional research security mitigations for 
     higher-risk activities if appropriate; and
       (E) support the development of research security training 
     for recipients of covered support on the risks posed by 
     entities of concern.
       (3) Annual updates.--The tools and processes developed 
     under paragraph (1) shall be evaluated annually and updated 
     as needed, with threat-informed input from the Office of 
     Intelligence and Counterintelligence, to reflect changes in 
     the risk designation under paragraph (2)(A) of research, 
     development, demonstration, and deployment activities 
     conducted by the Department of Energy.
       (c) Entity of Concern.--
       (1) Prohibition.--Except as provided in paragraph (2), no 
     entity of concern, or individual that owns or controls, is 
     owned or controlled by, or is under common ownership or 
     control with an entity of concern, may receive, or perform 
     work under, any covered support.
       (2) Waiver of prohibition.--
       (A) In general.--The Secretary may waive the prohibition 
     under paragraph (1) if determined by the Secretary to be in 
     the national interest.
       (B) Notification to congress.--Not less than 2 weeks prior 
     to issuing a waiver under subparagraph (A), the Secretary 
     shall notify Congress of the intent to issue the waiver, 
     including a justification for the waiver.
       (3) Penalty.--
       (A) Termination of support.--On finding that any entity of 
     concern or individual described in paragraph (1) has received 
     covered support and has not received a waiver under paragraph 
     (2), the Secretary shall terminate all covered support to 
     that entity of concern or individual, as applicable.
       (B) Penalties.--An entity of concern or individual 
     identified under subparagraph (A) shall be--
       (i) prohibited from receiving or participating in covered 
     support for a period of not less than 1 year but not more 
     than 10 years, as determined by the Secretary; or
       (ii) instead of the penalty described in clause (i), 
     subject to any other penalties authorized under applicable 
     law or regulations that the Secretary determines to be in the 
     national interest.
       (C) Notification to congress.--Prior to imposing a penalty 
     under subparagraph (B), the Secretary shall notify Congress 
     of the intent to impose the penalty, including a description 
     of and justification for the penalty.
       (4) Coordination.--The Secretary shall--
       (A) share information about the unmanageable threats 
     described in subsection (a)(3)(E) with other Federal 
     agencies; and
       (B) develop consistent approaches to identifying entities 
     of concern.
       (d) International Agreements.--This section shall be 
     applied in a manner consistent

[[Page S3827]]

     with the obligations of the United States under international 
     agreements.
       (e) Report Required.--Not later than 240 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a report that--
       (1) describes--
       (A) the tools and processes developed under subsection 
     (b)(1) and any updates to those tools and processes; and
       (B) if applicable, the science and technology risk matrix 
     developed under that subsection and how that matrix has been 
     applied;
       (2) includes a mitigation plan for managing risks posed by 
     countries of risk with respect to future or ongoing research 
     and development activities of the Department of Energy; and
       (3) defines critical research areas, designated by risk, as 
     determined by the Secretary.

     SEC. 309. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY 
                   RISK ASSESSMENTS.

       (a) Risk Assessment Documents and Materials.--Except as 
     provided in subsection (b), whenever an element of the 
     intelligence community conducts a risk assessment arising 
     from the mishandling or improper disclosure of classified 
     information, the Director of National Intelligence shall, not 
     later than 30 days after the date of the commencement of such 
     risk assessment--
       (1) submit to the congressional intelligence committees 
     copies of such documents and materials as are--
       (A) within the jurisdiction of such committees; and
       (B) subject to the risk assessment; and
       (2) provide such committees a briefing on such documents, 
     materials, and risk assessment.
       (b) Exception.--If the Director determines, with respect to 
     a risk assessment described in subsection (a), that the 
     documents and other materials otherwise subject to paragraph 
     (1) of such subsection (a) are of such a volume that 
     submittal pursuant to such paragraph would be impracticable, 
     the Director shall--
       (1) in lieu of submitting copies of such documents and 
     materials, submit a log of such documents and materials; and
       (2) pursuant to a request by the Select Committee on 
     Intelligence of the Senate or the Permanent Select Committee 
     on Intelligence of the House of Representatives for a copy of 
     a document or material included in such log, submit to such 
     committee such copy.

     SEC. 310. INSPECTOR GENERAL REVIEW OF DISSEMINATION BY 
                   FEDERAL BUREAU OF INVESTIGATION RICHMOND, 
                   VIRGINIA, FIELD OFFICE OF CERTAIN DOCUMENT.

       (a) Review Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Department of Justice shall conduct a review of the 
     actions and events, including any underlying policy 
     direction, that served as a basis for the January 23, 2023, 
     dissemination by the field office of the Federal Bureau of 
     Investigation located in Richmond, Virginia, of a document 
     titled ``Interest of Racially or Ethnically Motivated Violent 
     Extremists in Radical-Traditionalist Catholic Ideology Almost 
     Certainly Presents New Mitigation Opportunities.''.
       (b) Submittal to Congress.--The Inspector General of the 
     Department of Justice shall submit the findings of the 
     Inspector General with respect to the review required by 
     subsection (a) to the following:
       (1) The congressional intelligence committees.
       (2) The Committee on the Judiciary, Committee on Homeland 
     Security and Governmental Affairs, and the Committee on 
     Appropriations of the Senate.
       (3) The Committee on the Judiciary, the Committee on 
     Oversight and Accountability, and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 311. OFFICE OF INTELLIGENCE AND ANALYSIS.

       Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 
     121) is amended by adding at the end the following:
       ``(h) Prohibition.--
       ``(1) Definition.--In this subsection, the term `United 
     States person' means a United States citizen, an alien known 
     by the Office of Intelligence and Analysis to be a permanent 
     resident alien, an unincorporated association substantially 
     composed of United States citizens or permanent resident 
     aliens, or a corporation incorporated in the United States, 
     except for a corporation directed and controlled by 1 or more 
     foreign governments.
       ``(2) Collection of information from united states 
     persons.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Office of Intelligence and Analysis may not engage 
     in the collection of information or intelligence targeting 
     any United States person except as provided in subparagraph 
     (B).
       ``(B) Exception.--Subparagraph (A) shall not apply to any 
     employee, officer, or contractor of the Office of 
     Intelligence and Analysis who is responsible for collecting 
     information from individuals working for a State, local, or 
     Tribal territory government or a private employer.''.

                Subtitle B--Central Intelligence Agency

     SEC. 321. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF 
                   MENTAL HEALTH TREATMENT FOR UNLAWFUL CONDUCT ON 
                   CENTRAL INTELLIGENCE AGENCY INSTALLATIONS.

       Section 15(b) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 3515(b)) is amended, in the second sentence, 
     by striking ``those specified in section 1315(c)(2) of title 
     40, United States Code'' and inserting ``the maximum penalty 
     authorized for a Class B misdemeanor under section 3559 of 
     title 18, United States Code''.

     SEC. 322. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       Section 3 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3503) is amended--
       (1) in subsection (a), by striking ``sections'' and all 
     that follows through ``session)'' and inserting ``sections 
     3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 
     3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 
     10, United States Code'' and
       (2) in subsection (d), by striking ``in paragraphs'' and 
     all that follows through ``1947'' and inserting ``in sections 
     3201 through 3204 of title 10, United States Code, shall not 
     be delegable. Each determination or decision required by 
     sections 3201 through 3204, 3321 through 3323, and 3841 of 
     title 10, United States Code''.

     SEC. 323. ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY 
                   STANDARD WORKPLACE SEXUAL MISCONDUCT COMPLAINT 
                   INVESTIGATION PROCEDURE.

       (a) Workplace Sexual Misconduct Defined.--The term 
     ``workplace sexual misconduct''--
       (1) means unwelcome sexual advances, requests for sexual 
     favors, and other verbal or physical conduct of a sexual 
     nature when--
       (A) submission to such conduct is made either explicitly or 
     implicitly a term or condition of an individual's employment;
       (B) submission to or rejection of such conduct by an 
     individual is used as the basis for employment decisions 
     affecting such individual; or
       (C) such conduct has the purpose or effect of unreasonably 
     interfering with an individual's work performance or creating 
     an intimidating, hostile, or offensive working environment; 
     and
       (2) includes sexual harassment and sexual assault.
       (b) Standard Complaint Investigation Procedure.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Director of the Central Intelligence Agency shall--
       (1) establish a standard workplace sexual misconduct 
     complaint investigation procedure;
       (2) implement the standard workplace sexual misconduct 
     complaint investigation procedure through clear workforce 
     communication and education on the procedure; and
       (3) submit the standard workplace sexual misconduct 
     complaint investigation procedure to the congressional 
     intelligence committees.
       (c) Minimum Requirements.--The procedure established 
     pursuant to subsection (b)(1) shall, at a minimum--
       (1) identify the individuals and offices of the Central 
     Intelligence Agency to which an employee of the Agency may 
     bring a complaint of workplace sexual misconduct;
       (2) detail the steps each individual or office identified 
     pursuant to paragraph (1) shall take upon receipt of a 
     complaint of workplace sexual misconduct and the timeframes 
     within which those steps shall be taken, including--
       (A) documentation of the complaint;
       (B) referral or notification to another individual or 
     office;
       (C) measures to document or preserve witness statements or 
     other evidence; and
       (D) preliminary investigation of the complaint;
       (3) set forth standard criteria for determining whether a 
     complaint of workplace sexual misconduct will be referred to 
     law enforcement and the timeframe within which such a 
     referral shall occur; and
       (4) for any complaint not referred to law enforcement, set 
     forth standard criteria for determining--
       (A) whether a complaint has been substantiated; and
       (B) for any substantiated complaint, the appropriate 
     disciplinary action.
       (d) Annual Reports.--On or before April 30 of each year, 
     the Director shall submit to the congressional intelligence 
     committees, the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate, and the Subcommittee on Defense 
     of the Committee on Appropriations of the House of 
     Representatives an annual report that includes, for the 
     preceding calendar year, the following:
       (1) The number of workplace sexual misconduct complaints 
     brought to each individual or office of the Central 
     Intelligence Agency identified pursuant to subsection (c)(1), 
     disaggregated by--
       (A) complaints referred to law enforcement; and
       (B) complaints substantiated.
       (2) For each complaint described in paragraph (1) that is 
     substantiated, a description of the disciplinary action taken 
     by the Director.

             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

                 Subtitle A--People's Republic of China

     SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR 
                   ACCOUNTABILITY OF ATROCITIES OF THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) Definitions.--In this section:
       (1) Atrocity.--The term ``atrocity'' means a crime against 
     humanity, genocide, or a war crime.

[[Page S3828]]

       (2) Foreign person.--The term ``foreign person'' means--
       (A) any person or entity that is not a United States 
     person; or
       (B) any entity not organized under the laws of the United 
     States or of any jurisdiction within the United States.
       (3) United states person.--The term ``United States 
     person'' has the meaning given that term in section 105A(c) 
     of the National Security Act of 1947 (50 U.S.C. 3039).
       (b) Intelligence Community Coordinator for Accountability 
     of Atrocities of the People's Republic of China.--
       (1) Designation.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall designate a senior official of the Office 
     of the Director of National Intelligence to serve as the 
     intelligence community coordinator for accountability of 
     atrocities of the People's Republic of China (in this section 
     referred to as the ``Coordinator'').
       (2) Duties.--The Coordinator shall lead the efforts of and 
     coordinate and collaborate with the intelligence community 
     with respect to the following:
       (A) Identifying and addressing any gaps in intelligence 
     collection relating to atrocities of the People's Republic of 
     China, including by recommending the modification of the 
     priorities of the intelligence community with respect to 
     intelligence collection and by utilizing informal processes 
     and collaborative mechanisms with key elements of the 
     intelligence community to increase collection on atrocities 
     of the People's Republic of China.
       (B) Prioritizing and expanding the intelligence analysis 
     with respect to ongoing atrocities of the People's Republic 
     of China and disseminating within the United States 
     Government intelligence relating to the identification and 
     activities of foreign persons suspected of being involved 
     with or providing support to atrocities of the People's 
     Republic of China, including genocide and forced labor 
     practices in Xinjiang, in order to support the efforts of 
     other Federal agencies, including the Department of State, 
     the Department of Justice, the Department of the Treasury, 
     the Office of Foreign Assets Control, the Department of 
     Commerce, the Bureau of Industry and Security, U.S. Customs 
     and Border Protection, and the National Security Council, to 
     hold the People's Republic of China accountable for such 
     atrocities.
       (C) Increasing efforts to declassify and share with the 
     people of the United States and the international community 
     information regarding atrocities of the People's Republic of 
     China in order to expose such atrocities and counter the 
     disinformation and misinformation campaign by the People's 
     Republic of China to deny such atrocities.
       (D) Documenting and storing intelligence and other 
     unclassified information that may be relevant to preserve as 
     evidence of atrocities of the People's Republic of China for 
     future accountability, and ensuring that other relevant 
     Federal agencies receive appropriate support from the 
     intelligence community with respect to the collection, 
     analysis, preservation, and, as appropriate, dissemination, 
     of intelligence related to atrocities of the People's 
     Republic of China, which may include the information from the 
     annual report required by section 6504 of the Intelligence 
     Authorization Act for Fiscal Year 2023 (Public Law 117-263).
       (E) Sharing information with the Forced Labor Enforcement 
     Task Force, established under section 741 of the United 
     States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 
     4681), the Department of Commerce, and the Department of the 
     Treasury for the purposes of entity listings and sanctions.
       (3) Plan required.--Not later than 120 days after the date 
     of the enactment of this Act, the Director shall submit to 
     the appropriate committees of Congress--
       (A) the name of the official designated as the Coordinator 
     pursuant to paragraph (1); and
       (B) the strategy of the intelligence community for the 
     collection and dissemination of intelligence relating to 
     ongoing atrocities of the People's Republic of China, 
     including a detailed description of how the Coordinator shall 
     support, and assist in facilitating the implementation of, 
     such strategy.
       (4) Annual report to congress.--
       (A) Reports required.--Not later than May 1, 2024, and 
     annually thereafter until May 1, 2034, the Director shall 
     submit to Congress a report detailing, for the year covered 
     by the report--
       (i) the analytical findings, changes in collection, and 
     other activities of the intelligence community with respect 
     to ongoing atrocities of the People's Republic of China;
       (ii) the recipients of information shared pursuant to this 
     section for the purpose of--

       (I) providing support to Federal agencies to hold the 
     People's Republic of China accountable for such atrocities; 
     and
       (II) sharing information with the people of the United 
     States to counter the disinformation and misinformation 
     campaign by the People's Republic of China to deny such 
     atrocities; and

       (iii) with respect to clause (ii), the date of any such 
     sharing.
       (B) Form.--Each report submitted under subparagraph (A) may 
     be submitted in classified form, consistent with the 
     protection of intelligence sources and methods.
       (c) Sunset.--This section shall cease to have effect on the 
     date that is 10 years after the date of the enactment of this 
     Act.

     SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON THE MALIGN 
                   EFFORTS OF THE PEOPLE'S REPUBLIC OF CHINA IN 
                   AFRICA.

       (a) Establishment.--
       (1) In general.--The Director of National Intelligence, in 
     consultation with such heads of elements of the intelligence 
     community as the Director considers appropriate, shall 
     establish an interagency working group within the 
     intelligence community to analyze the tactics and 
     capabilities of the People's Republic of China in Africa.
       (2) Establishment flexibility.--The working group 
     established under paragraph (1) may be--
       (A) independently established; or
       (B) to avoid redundancy, incorporated into existing working 
     groups or cross-intelligence efforts within the intelligence 
     community.
       (b) Report.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Foreign Relations and the Subcommittee 
     on Defense of the Committee on Appropriations of the Senate; 
     and
       (C) the Committee on Foreign Affairs and the Subcommittee 
     on Defense of the Committee on Appropriations of the House of 
     Representatives.
       (2) In general.--Not later than 120 days after the date of 
     the enactment of this Act, and twice annually thereafter, the 
     working group established under subsection (a) shall submit 
     to the appropriate committees of Congress a report on the 
     specific tactics and capabilities of the People's Republic of 
     China in Africa.
       (3) Elements.--Each report required by paragraph (2) shall 
     include the following elements:
       (A) An assessment of efforts by the Government of the 
     People's Republic of China to exploit mining and reprocessing 
     operations in Africa.
       (B) An assessment of efforts by the Government of the 
     People's Republic of China to provide or fund technologies in 
     Africa, including--
       (i) telecommunications and energy technologies, such as 
     advanced reactors, transportation, and other commercial 
     products; and
       (ii) by requiring that the People's Republic of China be 
     the sole provider of such technologies.
       (C) An assessment of efforts by the Government of the 
     People's Republic of China to expand intelligence 
     capabilities in Africa.
       (D) A description of actions taken by the intelligence 
     community to counter such efforts.
       (E) An assessment of additional resources needed by the 
     intelligence community to better counter such efforts.
       (4) Form.--Each report required by paragraph (2) shall be 
     submitted in unclassified form, but may include a classified 
     annex if necessary.
       (c) Sunset.--The requirements of this section shall 
     terminate on the date that is 5 years after the date of the 
     enactment of this Act.

     SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT BY 
                   INTELLIGENCE COMMUNITY WORKING GROUP FOR 
                   MONITORING THE ECONOMIC AND TECHNOLOGICAL 
                   CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.

       Section 6503(c)(3)(D) of the Intelligence Authorization Act 
     for Fiscal Year 2023 (division F of Public Law 117-263) is 
     amended by striking ``the top 200'' and inserting ``all the 
     known''.

     SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP 
                   BETWEEN THE UNITED STATES AND THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Assistant Secretary of State 
     for Intelligence and Research, in consultation with the 
     Director of National Intelligence and such other heads of 
     elements of the intelligence community as the Assistant 
     Secretary considers relevant, shall submit to Congress the 
     following:
       (1) A comprehensive assessment that identifies critical 
     areas in the security, diplomatic, economic, financial, 
     technological, scientific, commercial, academic, and cultural 
     spheres in which the United States does not enjoy a 
     reciprocal relationship with the People's Republic of China.
       (2) A comprehensive assessment that describes how the lack 
     of reciprocity between the People's Republic of China and the 
     United States in the areas identified in the assessment 
     required by paragraph (1) provides advantages to the People's 
     Republic of China.
       (b) Form of Assessments.--
       (1) Critical areas.--The assessment required by subsection 
     (a)(1) shall be submitted in unclassified form.
       (2) Advantages.--The assessment required by subsection 
     (a)(2) shall be submitted in classified form.

     SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMUNITY EFFORTS 
                   TO IDENTIFY AND MITIGATE CHINESE COMMUNIST 
                   PARTY AND RUSSIAN FOREIGN MALIGN INFLUENCE 
                   OPERATIONS AGAINST THE UNITED STATES.

       (a) Definitions.--In this section:

[[Page S3829]]

       (1) Chinese entities engaged in foreign malign influence 
     operations.--The term ``hinese entities engaged in foreign 
     malign influence operations'' means all of the elements of 
     the Government of the People's Republic of China and the 
     Chinese Communist Party involved in foreign malign influence, 
     such as--
       (A) the Ministry of State Security;
       (B) other security services of the People's Republic of 
     China;
       (C) the intelligence services of the People's Republic of 
     China;
       (D) the United Front Work Department and other united front 
     organs;
       (E) state-controlled media systems, such as the China 
     Global Television Network (CGTN); and
       (F) any entity involved in foreign malign influence 
     operations that demonstrably and intentionally disseminate 
     false information and propaganda of the Government of the 
     People's Republic of China or the Chinese Communist Party.
       (2) Russian malign influence actors.--The term ``Russian 
     malign influence actors'' refers to entities or individuals 
     engaged in foreign malign influence operations against the 
     United States who are affiliated with--
       (A) the intelligence and security services of the Russian 
     Federation
       (B) the Presidential Administration;
       (C) any other entity of the Government of the Russian 
     Federation; or
       (D) Russian mercenary or proxy groups such as the Wagner 
     Group.
       (3) Foreign malign influence operation.--The term ``foreign 
     malign influence operation'' means a coordinated and often 
     concealed activity that is covered by the definition of the 
     term ``foreign malign influence'' in section 119C of the 
     National Security Act of 1947 (50 U.S.C. 3059) and uses 
     disinformation, press manipulation, economic coercion, 
     targeted investments, corruption, or academic censorship, 
     which are often intended--
       (A) to coerce and corrupt United States interests, values, 
     institutions, or individuals; and
       (B) to foster attitudes, behavior, decisions, or outcomes 
     in the United States that support the interests of the 
     Government of the People's Republic of China or the Chinese 
     Communist Party.
       (b) Briefing Required.--Not later than 120 days after the 
     date of the enactment of this Act and annually thereafter 
     until the date that is 5 years after the date of the 
     enactment of this Act, the Director of the Foreign Malign 
     Influence Center shall, in collaboration with the heads of 
     the elements of the intelligence community, provide Congress 
     a classified briefing on the ways in which the relevant 
     elements of the intelligence community are working internally 
     and coordinating across the intelligence community to 
     identify and mitigate the actions of Chinese and Russian 
     entities engaged in foreign malign influence operations 
     against the United States, including against United States 
     persons.
       (c) Elements.--The classified briefing required by 
     subsection (b) shall cover the following:
       (1) The Government of the Russian Federation, the 
     Government of the People's Republic of China, and the Chinese 
     Communist Party tactics, tools, and entities that spread 
     disinformation, misinformation, and malign information and 
     conduct influence operations, information campaigns, or other 
     propaganda efforts.
       (2) A description of ongoing foreign malign influence 
     operations and campaigns of the Russian Federation against 
     the United States and an assessment of their objectives and 
     effectiveness in meeting those objectives.
       (3) A description of ongoing foreign malign influence 
     operations and campaigns of the People's Republic of China 
     against the United States and an assessment of their 
     objectives and effectiveness in meeting those objectives.
       (4) A description of any cooperation, information-sharing, 
     amplification, or other coordination between the Russian 
     Federation and the People's Republic of China in developing 
     or carrying out foreign malign influence operations against 
     the United States.
       (5) A description of front organizations, proxies, cut-
     outs, aligned third-party countries, or organizations used by 
     the Russian Federation or the People's Republic of China to 
     carry out foreign malign influence operations against the 
     United States.
       (6) An assessment of the loopholes or vulnerabilities in 
     United States law that Russia and the People's Republic of 
     China exploit to carry out foreign malign influence 
     operations.
       (7) The actions of the Foreign Malign Influence Center, in 
     coordination with the Global Engagement Center, relating to 
     early-warning, information sharing, and proactive risk 
     mitigation systems, based on the list of entities identified 
     in subsection (a)(1), to detect, expose, deter, and counter 
     foreign malign influence operations of the Government of the 
     People's Republic of China or the Chinese Communist Party 
     against the United States.
       (8) The actions of the Foreign Malign Influence Center to 
     conduct outreach, to identify and counter tactics, tools, and 
     entities described in paragraph (1) by sharing information 
     with allies and partners of the United States, in 
     coordination with the Global Engagement Center, as well as 
     State and local governments, the business community, and 
     civil society in order to expose the political influence 
     operations and information operations of the Government of 
     the Russian Federation and the Government of the People's 
     Republic of China or the Chinese Communist Party carried out 
     against individuals and entities in the United States.

     SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS 
                   BY CRANES MANUFACTURED BY COUNTRIES OF CONCERN.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, and the Subcommittee on 
     Defense of the Committee on Appropriations of the Senate; and
       (C) the Committee on Armed Services, the Committee on 
     Oversight and Accountability, the Committee on Financial 
     Services, and the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives.
       (2) Country of concern.--The term ``country of concern'' 
     has the meaning given that term in section 1(m)(1) of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(m)(1)).
       (b) Assessment.--The Director of National Intelligence, in 
     coordination with such other heads of the elements of the 
     intelligence community as the Director considers appropriate 
     and the Secretary of Defense, shall conduct an assessment of 
     the threat posed to United States ports by cranes 
     manufactured by countries of concern and commercial entities 
     of those countries, including the Shanghai Zhenhua Heavy 
     Industries Co. (ZPMC).
       (c) Report and Briefing.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit a report and provide a briefing to 
     the appropriate committees of Congress on the findings of the 
     assessment required by subsection (b).
       (2) Elements.--The report and briefing required by 
     paragraph (1) shall outline the potential for the cranes 
     described in subsection (b) to collect intelligence, disrupt 
     operations at United States ports, and impact the national 
     security of the United States.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

                  Subtitle B--Other Foreign Countries

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

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations, the Committee on 
     the Judiciary, and the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate; and
       (3) the Committee on Foreign Affairs, the Committee on the 
     Judiciary, and the Subcommittee on Defense of the Committee 
     on Appropriations of the House of Representatives.
       (b) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report on efforts by the Maduro regime in 
     Venezuela to detain United States citizens and lawful 
     permanent residents.
       (c) Elements.--The report required by subsection (b) shall 
     include, regarding the arrest, capture, detainment, or 
     imprisonment of United States citizens and lawful permanent 
     residents, the following:
       (1) The names, positions, and institutional affiliation of 
     Venezuelan individuals, or those acting on their behalf, who 
     have engaged in such activities.
       (2) A description of any role played by transnational 
     criminal organizations, and an identification of such 
     organizations.
       (3) Where relevant, an assessment of whether and how United 
     States citizens and lawful permanent residents have been 
     lured to Venezuela.
       (4) An analysis of the motive for the arrest, capture, 
     detainment, or imprisonment of United States citizens and 
     lawful permanent residents.
       (5) The total number of United States citizens and lawful 
     permanent residents detained or imprisoned in Venezuela as of 
     the date on which the report is submitted.
       (d) Form.--The report required by subsection (b) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 412. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN 
                   NATIONAL INTELLIGENCE PRIORITIES FRAMEWORK.

       It is the sense of Congress that the trafficking of illicit 
     fentanyl, including precursor chemicals and manufacturing 
     equipment associated with illicit fentanyl production and 
     organizations that traffic or finance the trafficking of 
     illicit fentanyl, originating from the People's Republic of 
     China and Mexico should be among the highest priorities in 
     the National Intelligence Priorities Framework of the Office 
     of the Director of National Intelligence.

[[Page S3830]]

  


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

                      Subtitle A--General Matters

     SEC. 501. ASSIGNMENT OF DETAILEES FROM INTELLIGENCE COMMUNITY 
                   TO DEPARTMENT OF COMMERCE.

       (a) Authority.--In order to better facilitate the sharing 
     of actionable intelligence on foreign adversary intent, 
     capabilities, threats, and operations that pose a threat to 
     the interests or security of the United States, particularly 
     as they relate to the procurement, development, and use of 
     dual-use and emerging technologies, the Director of National 
     Intelligence may assign or facilitate the assignment of 
     members from across the intelligence community to serve as 
     detailees to the Bureau of Industry and Security of the 
     Department of Commerce.
       (b) Assignment.--Detailees assigned pursuant to subsection 
     (a) shall be drawn from such elements of the intelligence 
     community as the Director considers appropriate, in 
     consultation with the Secretary of Commerce.
       (c) Expertise.--The Director shall ensure that detailees 
     assigned pursuant to subsection (a) have subject matter 
     expertise on countries of concern, including China, Iran, 
     North Korea, and Russia, as well as functional areas such as 
     illicit procurement, counterproliferation, emerging and 
     foundational technology, economic and financial intelligence, 
     information and communications technology systems, supply 
     chain vulnerability, and counterintelligence.
       (d) Duty Credit.--The detail of an employee of the 
     intelligence community to the Department of Commerce under 
     subsection (a) shall be without interruption or loss of civil 
     service status or privilege.

   Subtitle B--Next-generation Energy, Biotechnology, and Artificial 
                              Intelligence

     SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC AND 
                   TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       Section 6503(c)(3) of the Intelligence Authorization Act 
     for Fiscal Year 2023 (Public Law 117-263) is amended by 
     adding at the end the following:
       ``(I) A detailed assessment, prepared in consultation with 
     all elements of the working group--
       ``(i) of the investments made by the People's Republic of 
     China in--

       ``(I) artificial intelligence;
       ``(II) next-generation energy technologies, especially 
     small modular reactors and advanced batteries; and
       ``(III) biotechnology; and

       ``(ii) that identifies--

       ``(I) competitive practices of the People's Republic of 
     China relating to the technologies described in clause (i);
       ``(II) opportunities to counter the practices described in 
     subclause (I);
       ``(III) countries the People's Republic of China is 
     targeting for exports of civil nuclear technology;
       ``(IV) countries best positioned to utilize civil nuclear 
     technologies from the United States in order to facilitate 
     the commercial export of those technologies;
       ``(V) United States vulnerabilities in the supply chain of 
     these technologies; and
       ``(VI) opportunities to counter the export by the People's 
     Republic of China of civil nuclear technologies globally.

       ``(J) An identification and assessment of any unmet 
     resource or authority needs of the working group that affect 
     the ability of the working group to carry out this 
     section.''.

     SEC. 512. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR 
                   INTELLIGENCE COMMUNITY CAPABILITIES.

       (a) Assessment Required.--The Director of National 
     Intelligence shall, in consultation with the heads of such 
     other elements of the intelligence community as the Director 
     considers appropriate, conduct an assessment of capabilities 
     identified by the Intelligence Community Continuity Program 
     established pursuant to section E(3) of Intelligence 
     Community Directive 118, or any successor directive, or such 
     other intelligence community facilities or intelligence 
     community capabilities as may be determined by the Director 
     to be critical to United States national security, that have 
     unique energy needs--
       (1) to ascertain the feasibility and advisability of using 
     civil nuclear reactors to meet such needs; and
       (2) to identify such additional resources, technologies, 
     infrastructure, or authorities needed, or other potential 
     obstacles, to commence use of a nuclear reactor to meet such 
     needs.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director shall submit to the 
     congressional intelligence committees, the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Appropriations of the Senate, and the Committee on 
     Oversight and Accountability and the Committee on 
     Appropriations of the House of Representatives a report, 
     which may be in classified form, on the findings of the 
     Director with respect to the assessment conducted pursuant to 
     subsection (a).

     SEC. 513. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL 
                   INTELLIGENCE FOR ARTIFICIAL INTELLIGENCE 
                   CAPABILITIES.

       (a) In General.--Section 6702 of the Intelligence 
     Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is 
     amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``subsection (b)'' and inserting 
     ``subsection (c)'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Policies.--
       ``(1) In general.--In carrying out subsection (a)(1), not 
     later than 1 year after the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2024, the 
     Director of National Intelligence, in consultation with the 
     heads of the elements of the intelligence community, the 
     Director of the Office of Management and Budget, and such 
     other officials as the Director of National Intelligence 
     determines appropriate, shall establish the policies 
     described in paragraph (2).
       ``(2) Policies described.--The policies described in this 
     paragraph are policies for the acquisition, adoption, 
     development, use, coordination, and maintenance of artificial 
     intelligence capabilities that--
       ``(A) establish a lexicon relating to the use of machine 
     learning and artificial intelligence developed or acquired by 
     elements of the intelligence community;
       ``(B) establish guidelines for evaluating the performance 
     of models developed or acquired by elements of the 
     intelligence community, such as by--
       ``(i) specifying conditions for the continuous monitoring 
     of artificial intelligence capabilities for performance, 
     including the conditions for retraining or retiring models 
     based on performance;
       ``(ii) documenting performance objectives, including 
     specifying how performance objectives shall be developed and 
     contractually enforced for capabilities procured from third 
     parties;
       ``(iii) specifying the manner in which models should be 
     audited, as necessary, including the types of documentation 
     that should be provided to any auditor; and
       ``(iv) specifying conditions under which models used by 
     elements of the intelligence community should be subject to 
     testing and evaluation for vulnerabilities to techniques 
     meant to undermine the availability, integrity, or privacy of 
     an artificial intelligence capability;
       ``(C) establish guidelines for tracking dependencies in 
     adjacent systems, capabilities, or processes impacted by the 
     retraining or sunsetting of any model described in 
     subparagraph (B);
       ``(D) establish documentation requirements for capabilities 
     procured from third parties, aligning such requirements, as 
     necessary, with existing documentation requirements 
     applicable to capabilities developed by elements of the 
     intelligence community;
       ``(E) establish standards for the documentation of imputed, 
     augmented, or synthetic data used to train any model 
     developed, procured, or used by an element of the 
     intelligence community; and
       ``(F) provide guidance on the acquisition and usage of 
     models that have previously been trained by a third party for 
     subsequent modification and usage by such an element.
       ``(3) Policy review and revision.--The Director of National 
     Intelligence shall periodically review and revise each policy 
     established under paragraph (1).''.
       (b) Conforming Amendment.--Section 6712(b)(1) of such Act 
     (50 U.S.C. 3024 note) is amended by striking ``section 
     6702(b)'' and inserting ``section 6702(c)''.

                    TITLE VI--WHISTLEBLOWER MATTERS

     SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND INFORMATION 
                   BY WHISTLEBLOWERS IN THE INTELLIGENCE 
                   COMMUNITY.

       (a) Amendments to Chapter 4 of Title 5.--
       (1) Appointment of security officers.--Section 416 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``(i) Appointment of Security Officers.--Each Inspector 
     General under this section, including the designees of the 
     Inspector General of the Department of Defense pursuant to 
     subsection (b)(3), shall appoint within their offices 
     security officers to provide, on a permanent basis, 
     confidential, security-related guidance and direction to 
     employees and contractors described in subsection (b)(1) who 
     intend to report to Congress complaints or information, so 
     that such employees and contractors can obtain direction on 
     how to report to Congress in accordance with appropriate 
     security practices.''.
       (2) Procedures.--Subsection (e) of such section is 
     amended--
       (A) in paragraph (1), by inserting ``or any other committee 
     of jurisdiction of the Senate or the House of 
     Representatives'' after ``either or both of the intelligence 
     committees'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the employee may contact an intelligence committee or another 
     committee of jurisdiction directly as described in paragraph 
     (1) of this subsection or in subsection (b)(4) only if the 
     employee--
       ``(i) before making such a contact, furnishes to the head 
     of the establishment, through the Inspector General (or 
     designee), a statement of the employee's complaint or 
     information and notice of the employee's intent to contact an 
     intelligence committee or another committee of jurisdiction 
     of the Senate or the House of Representatives directly; and

[[Page S3831]]

       ``(ii)(I) obtains and follows, from the head of the 
     establishment, through the Inspector General (or designee), 
     procedural direction on how to contact an intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives in accordance with 
     appropriate security practices; or
       ``(II) obtains and follows such procedural direction from 
     the applicable security officer appointed under subsection 
     (i).
       ``(B) Lack of procedural direction.--If an employee seeks 
     procedural direction under subparagraph (A)(ii) and does not 
     receive such procedural direction within 30 days, or receives 
     insufficient direction to report to Congress a complaint or 
     information, the employee may contact an intelligence 
     committee or any other committee of jurisdiction of the 
     Senate or the House of Representatives directly without 
     obtaining or following the procedural direction otherwise 
     required under such subparagraph.''; and
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following:
       ``(3) Committee members and staff.--An employee of an 
     element of the intelligence community who intends to report 
     to Congress a complaint or information may report such 
     complaint or information to the Chairman and Vice Chairman or 
     Ranking Member, as the case may be, of an intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives, a nonpartisan member of the 
     committee staff designated for purposes of receiving 
     complaints or information under this section, or a member of 
     the majority staff and a member of the minority staff of the 
     committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subsection (b) of such section is amended by 
     adding at the end the following:
       ``(4) Clarification of right to report directly to 
     congress.--Subject to paragraphs (2) and (3) of subsection 
     (e), an employee of an element of the intelligence community 
     who intends to report to Congress a complaint or information 
     may report such complaint or information directly to 
     Congress.''.
       (b) Amendments to National Security Act of 1947.--
       (1) Appointment of security officers.--Section 103H(j) of 
     the National Security Act of 1947 (50 U.S.C. 3033(j)) is 
     amended by adding at the end the following:
       ``(5) The Inspector General shall appoint within the Office 
     of the Inspector General security officers as required by 
     section 416(i) of title 5, United States Code.''.
       (2) Procedures.--Subparagraph (D) of section 103H(k)(5) of 
     such Act (50 U.S.C. 3033(k)(5)) is amended--
       (A) in clause (i), by inserting ``or any other committee of 
     jurisdiction of the Senate or the House of Representatives'' 
     after ``either or both of the congressional intelligence 
     committees'';
       (B) by amending clause (ii) to read as follows:
       ``(ii)(I) Except as provided in subclause (II), an employee 
     may contact a congressional intelligence committee or another 
     committee of jurisdiction directly as described in clause (i) 
     only if the employee--
       ``(aa) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact a congressional intelligence 
     committee or another committee of jurisdiction of the Senate 
     or the House of Representatives directly; and
       ``(bb)(AA) obtains and follows, from the Director, through 
     the Inspector General, procedural direction on how to contact 
     a congressional intelligence committee or another committee 
     of jurisdiction of the Senate or the House of Representatives 
     in accordance with appropriate security practices; or
       ``(BB) obtains and follows such procedural direction from 
     the applicable security officer appointed under section 
     416(i) of title 5, United States Code.
       ``(II) If an employee seeks procedural direction under 
     subclause (I)(bb) and does not receive such procedural 
     direction within 30 days, or receives insufficient direction 
     to report to Congress a complaint or information, the 
     employee may contact a congressional intelligence committee 
     or any other committee of jurisdiction of the Senate or the 
     House of Representatives directly without obtaining or 
     following the procedural direction otherwise required under 
     such subclause.'';
       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii) the following:
       ``(iii) An employee of an element of the intelligence 
     community who intends to report to Congress a complaint or 
     information may report such complaint or information to the 
     Chairman and Vice Chairman or Ranking Member, as the case may 
     be, of a congressional intelligence committee or another 
     committee of jurisdiction of the Senate or the House of 
     Representatives, a nonpartisan member of the committee staff 
     designated for purposes of receiving complaints or 
     information under this section, or a member of the majority 
     staff and a member of the minority staff of the committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subparagraph (A) of such section is amended--
       (A) by inserting ``(i)'' before ``An employee of''; and
       (B) by adding at the end the following:
       ``(ii) Subject to clauses (ii) and (iii) of subparagraph 
     (D), an employee of an element of the intelligence community 
     who intends to report to Congress a complaint or information 
     may report such complaint or information directly to 
     Congress, regardless of whether the complaint or information 
     is with respect to an urgent concern--
       ``(I) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(II) in addition to reporting such complaint or 
     information under clause (i).''.
       (c) Amendments to the Central Intelligence Agency Act of 
     1949.--
       (1) Appointment of security officers.--Section 17(d)(5) of 
     the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)) is amended by adding at the end the following:
       ``(I) The Inspector General shall appoint within the Office 
     of the Inspector General security officers as required by 
     section 416(i) of title 5, United States Code.''.
       (2) Procedures.--Subparagraph (D) of such section is 
     amended--
       (A) in clause (i), by inserting ``or any other committee of 
     jurisdiction of the Senate or the House of Representatives'' 
     after ``either or both of the intelligence committees'';
       (B) by amending clause (ii) to read as follows:
       ``(ii)(I) Except as provided in subclause (II), an employee 
     may contact an intelligence committee or another committee of 
     jurisdiction directly as described in clause (i) only if the 
     employee--
       ``(aa) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact an intelligence committee or 
     another committee of jurisdiction of the Senate or the House 
     of Representatives directly; and
       ``(bb)(AA) obtains and follows, from the Director, through 
     the Inspector General, procedural direction on how to contact 
     an intelligence committee or another committee of 
     jurisdiction of the Senate or the House of Representatives in 
     accordance with appropriate security practices; or
       ``(BB) obtains and follows such procedural direction from 
     the applicable security officer appointed under section 
     416(i) of title 5, United States Code.
       ``(II) If an employee seeks procedural direction under 
     subclause (I)(bb) and does not receive such procedural 
     direction within 30 days, or receives insufficient direction 
     to report to Congress a complaint or information, the 
     employee may contact an intelligence committee or another 
     committee of jurisdiction of the Senate or the House of 
     Representatives directly without obtaining or following the 
     procedural direction otherwise required under such 
     subclause.'';
       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii) the following:
       ``(iii) An employee of the Agency who intends to report to 
     Congress a complaint or information may report such complaint 
     or information to the Chairman and Vice Chairman or Ranking 
     Member, as the case may be, of an intelligence committee or 
     another committee of jurisdiction of the Senate or the House 
     of Representatives, a nonpartisan member of the committee 
     staff designated for purposes of receiving complaints or 
     information under this section, or a member of the majority 
     staff and a member of the minority staff of the committee.''.
       (3) Clarification of right to report directly to 
     congress.--Subparagraph (A) of such section is amended--
       (A) by inserting ``(i)'' before ``An employee of''; and
       (B) by adding at the end the following:
       ``(ii) Subject to clauses (ii) and (iii) of subparagraph 
     (D), an employee of the Agency who intends to report to 
     Congress a complaint or information may report such complaint 
     or information directly to Congress, regardless of whether 
     the complaint or information is with respect to an urgent 
     concern--
       ``(I) in lieu of reporting such complaint or information 
     under clause (i); or
       ``(II) in addition to reporting such complaint or 
     information under clause (i).''.
       (d) Rule of Construction.--Nothing in this section or an 
     amendment made by this section shall be construed to revoke 
     or diminish any right of an individual provided by section 
     2303 of title 5, United States Code.

     SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER 
                   IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER 
                   DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN 
                   INTELLIGENCE COMMUNITY.

       (a) In General.--Section 1104 of the National Security Act 
     of 1947 (50 U.S.C. 3234) is amended--
       (1) in subsection (a)(3) of such section--
       (A) in subparagraph (I), by striking ``; or'' and inserting 
     a semicolon;
       (B) by redesignating subparagraph (J) as subparagraph (K); 
     and
       (C) by inserting after subparagraph (I) the following:
       ``(J) a knowing and willful disclosure revealing the 
     identity or other personally identifiable information of an 
     employee or contractor employee so as to identify the 
     employee or contractor employee as an employee or contractor 
     employee who has made a lawful disclosure described in 
     subsection (b) or (c); or'';
       (2) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and

[[Page S3832]]

       (3) by inserting after subsection (e) the following:
       ``(f) Personnel Actions Involving Disclosure of 
     Whistleblower Identity.--A personnel action described in 
     subsection (a)(3)(J) shall not be considered to be in 
     violation of subsection (b) or (c) under the following 
     circumstances:
       ``(1) The personnel action was taken with the express 
     consent of the employee or contractor employee.
       ``(2) An Inspector General with oversight responsibility 
     for a covered intelligence community element determines 
     that--
       ``(A) the personnel action was unavoidable under section 
     103H(g)(3)(A) of this Act (50 U.S.C. 3033(g)(3)(A)), section 
     17(e)(3)(A) of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3517(e)(3)(A)), section 407(b) of title 5, United 
     States Code, or section 420(b)(2)(B) of such title;
       ``(B) the personnel action was made to an official of the 
     Department of Justice responsible for determining whether a 
     prosecution should be undertaken; or
       ``(C) the personnel action was required by statute or an 
     order from a court of competent jurisdiction.''.
       (b) Applicability to Detailees.--Subsection (a) of section 
     1104 of such Act (50 U.S.C. 3234) is amended by adding at the 
     end the following:
       ``(5) Employee.--The term `employee', with respect to an 
     agency or a covered intelligence community element, includes 
     an individual who has been detailed to such agency or covered 
     intelligence community element.''.
       (c) Harmonization of Enforcement.--Subsection (g) of such 
     section, as redesignated by subsection (a)(2) of this 
     section, is amended to read as follows:
       ``(g) Enforcement.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the President shall provide for the enforcement 
     of this section.
       ``(2) Harmonization with other enforcement.--To the fullest 
     extent possible, the President shall provide for enforcement 
     of this section in a manner that is consistent with the 
     enforcement of section 2302(b)(8) of title 5, United States 
     Code, especially with respect to policies and procedures used 
     to adjudicate alleged violations of such section.''.

     SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY 
                   CLEARANCE AND ACCESS DETERMINATIONS.

       Subparagraph (C) of section 3001(j)(4) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
     3341(j)(4)) is amended to read as follows:
       ``(C) Contributing factor.--
       ``(i) In general.--Subject to clause (iii), in determining 
     whether the adverse security clearance or access 
     determination violated paragraph (1), the agency shall find 
     that paragraph (1) was violated if the individual has 
     demonstrated that a disclosure described in paragraph (1) was 
     a contributing factor in the adverse security clearance or 
     access determination taken against the individual.
       ``(ii) Circumstantial evidence.--An individual under clause 
     (i) may demonstrate that the disclosure was a contributing 
     factor in the adverse security clearance or access 
     determination taken against the individual through 
     circumstantial evidence, such as evidence that--

       ``(I) the official making the determination knew of the 
     disclosure; and
       ``(II) the determination occurred within a period such that 
     a reasonable person could conclude that the disclosure was a 
     contributing factor in the determination.

       ``(iii) Defense.--In determining whether the adverse 
     security clearance or access determination violated paragraph 
     (1), the agency shall not find that paragraph (1) was 
     violated if, after a finding that a disclosure was a 
     contributing factor, the agency demonstrates by clear and 
     convincing evidence that it would have made the same security 
     clearance or access determination in the absence of such 
     disclosure.''.

     SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR 
                   RETALIATORY REVOCATION OF SECURITY CLEARANCES 
                   AND ACCESS DETERMINATIONS.

       Section 3001(j)(4)(B) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is 
     amended, in the second sentence, by striking ``not to exceed 
     $300,000''.

     SEC. 605. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.

       (a) Modification of Frequency of Whistleblower 
     Notifications to Inspector General of the Intelligence 
     Community.--Section 5334(a) of the Damon Paul Nelson and 
     Matthew Young Pollard Intelligence Authorization Act for 
     Fiscal Years 2018, 2019, and 2020 (Public Law 116-92; 50 
     U.S.C. 3033 note) is amended by striking ``in real time'' and 
     inserting ``monthly''.
       (b) Repeal of Requirement for Inspectors General Reviews of 
     Enhanced Personnel Security Programs.--
       (1) In general.--Section 11001 of title 5, United States 
     Code, is amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsection (e) as subsection (d).
       (2) Technical corrections.--Subsection (d) of section 11001 
     of such title, as redesignated by paragraph (1)(B), is 
     amended--
       (A) in paragraph (3), by adding ``and'' after the semicolon 
     at the end; and
       (B) in paragraph (4), by striking ``; and'' and inserting a 
     period.

                    TITLE VII--CLASSIFICATION REFORM

             Subtitle A--Classification Reform Act of 2023

     SEC. 701. SHORT TITLE.

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

     SEC. 702. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' means any Executive agency 
     as defined in section 105 of title 5, United States Code, any 
     military department as defined in section 102 of such title, 
     and any other entity in the executive branch of the Federal 
     Government that comes into the possession of classified 
     information.
       (2) Classify, classified, classification.--The terms 
     ``classify'', ``classified'', and ``classification'' refer to 
     the process by which information is determined to require 
     protection from unauthorized disclosure pursuant to Executive 
     Order 13526 (50 U.S.C. 3161 note; relating to classified 
     national security information), or previous and successor 
     executive orders or similar directives, or section 703 in 
     order to protect the national security of the United States.
       (3) Classified information.--The term ``classified 
     information'' means information that has been classified 
     under Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or previous and 
     successor executive orders or similar directives, or section 
     703.
       (4) Declassify, declassified, declassification.--The terms 
     ``declassify'', ``declassified'', and ``declassification'' 
     refer to the process by which information that has been 
     classified is determined to no longer require protection from 
     unauthorized disclosure pursuant to Executive Order 13526 (50 
     U.S.C. 3161 note; relating to classified national security 
     information), or previous and successor executive orders or 
     similar directives, or section 703.
       (5) Information.--The term ``information'' means any 
     knowledge that can be communicated, or documentary material, 
     regardless of its physical form or characteristics, that is 
     owned by, is produced by or for, or is under the control of 
     the United States Government.

     SEC. 703. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

       (a) In General.--The President may, in accordance with this 
     section, protect from unauthorized disclosure any information 
     owned by, produced by or for, or under the control of the 
     executive branch of the Federal Government when there is a 
     demonstrable need to do so in order to protect the national 
     security of the United States.
       (b) Establishment of Standards and Procedures for 
     Classification and Declassification.--
       (1) Governmentwide procedures.--
       (A) Classification.--The President shall, to the extent 
     necessary, establish categories of information that may be 
     classified and procedures for classifying information under 
     subsection (a).
       (B) Declassification.--At the same time the President 
     establishes categories and procedures under subparagraph (A), 
     the President shall establish procedures for declassifying 
     information that was previously classified.
       (C) Minimum requirements.--The procedures established 
     pursuant to subparagraphs (A) and (B) shall--
       (i) provide that information may be classified under this 
     section, and may remain classified under this section, only 
     if the harm to national security that might reasonably be 
     expected from disclosure of such information outweighs the 
     public interest in disclosure of such information;
       (ii) establish standards and criteria for the 
     classification of information;
       (iii) establish standards, criteria, and timelines for the 
     declassification of information classified under this 
     section;
       (iv) provide for the automatic declassification of 
     classified records with permanent historical value;
       (v) provide for the timely review of materials submitted 
     for pre-publication;
       (vi) narrow the criteria for classification set forth under 
     section 1.4 of Executive Order 13526 (50 U.S.C. 3161 note; 
     relating to classified national security information), as in 
     effect on the day before the date of the enactment of this 
     Act;
       (vii) narrow the exemptions from automatic declassification 
     set forth under section 3.3(b) of Executive Order 13526 (50 
     U.S.C. 3161 note; relating to classified national security 
     information), as in effect on the day before the date of the 
     enactment of this Act;
       (viii) provide a clear and specific definition of ``harm to 
     national security'' as it pertains to clause (i); and
       (ix) provide a clear and specific definition of 
     ``intelligence sources and methods'' as it pertains to the 
     categories and procedures under subparagraph (A).
       (2) Agency standards and procedures.--
       (A) In general.--The head of each agency shall establish a 
     single set of consolidated standards and procedures to permit 
     such agency to classify and declassify information created by 
     such agency in accordance with the categories and procedures 
     established by the President under this section and otherwise 
     to carry out this section.
       (B) Submittal to congress.--Each agency head shall submit 
     to Congress the standards and procedures established by such 
     agency head under subparagraph (A).
       (c) Conforming Amendment to FOIA.--Section 552(b)(1) of 
     title 5, United States Code, is amended to read as follows:

[[Page S3833]]

       ``(1)(A) specifically authorized to be classified under 
     section 703 of the Intelligence Authorization Act for Fiscal 
     Year 2024, or specifically authorized under criteria 
     established by an Executive order to be kept secret in the 
     interest of national security; and
       ``(B) are in fact properly classified pursuant to that 
     section or Executive order;''.
       (d) Effective Date.--
       (1) In general.--Subsections (a) and (b) shall take effect 
     on the date that is 180 days after the date of the enactment 
     of this Act.
       (2) Relation to presidential directives.--Presidential 
     directives regarding classifying, safeguarding, and 
     declassifying national security information, including 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, in effect on the day before the date of the enactment 
     of this Act, as well as procedures issued pursuant to such 
     Presidential directives, shall remain in effect until 
     superseded by procedures issues pursuant to subsection (b).

     SEC. 704. TRANSPARENCY OFFICERS.

       (a) Designation.--The Attorney General, the Secretary of 
     Defense, the Secretary of State, the Secretary of the 
     Treasury, the Secretary of Health and Human Services, the 
     Secretary of Homeland Security, the Director of National 
     Intelligence, the Director of the Central Intelligence 
     Agency, the Director of the National Security Agency, the 
     Director of the Federal Bureau of Investigation, and the head 
     of any other department, agency, or element of the executive 
     branch of the Federal Government determined by the Privacy 
     and Civil Liberties Oversight Board established by section 
     1061 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (42 U.S.C. 2000ee) to be appropriate for coverage 
     under this section, shall each designate at least 1 senior 
     officer to serve as the principal advisor to assist such head 
     of a department, agency, or element and other officials of 
     the department, agency, or element of the head in identifying 
     records of significant public interest and prioritizing 
     appropriate review of such records in order to facilitate the 
     public disclosure of such records in redacted or unredacted 
     form.
       (b) Determining Public Interest in Disclosure.--In 
     assisting the head of a department, agency, or element and 
     other officials of such department, agency, or element in 
     identifying records of significant public interest under 
     subsection (a), the senior officer designated by the head 
     under such subsection shall consider whether--
       (1) or not disclosure of the information would better 
     enable United States citizens to hold Federal Government 
     officials accountable for their actions and policies;
       (2) or not disclosure of the information would assist the 
     United States criminal justice system in holding persons 
     responsible for criminal acts or acts contrary to the 
     Constitution;
       (3) or not disclosure of the information would assist 
     Congress or any committee or subcommittee thereof, in 
     carrying out its oversight responsibilities with regard to 
     the executive branch of the Federal Government or in 
     adequately informing itself of executive branch policies and 
     activities in order to carry out its legislative 
     responsibilities;
       (4) the disclosure of the information would assist Congress 
     or the public in understanding the interpretation of the 
     Federal Government of a provision of law, including Federal 
     regulations, Presidential directives, statutes, case law, and 
     the Constitution of the United States; or
       (5) or not disclosure of the information would bring about 
     any other significant benefit, including an increase in 
     public awareness or understanding of Government activities or 
     an enhancement of Federal Government efficiency.
       (c) Periodic Reports.--
       (1) In general.--Each senior officer designated under 
     subsection (a) shall periodically, but not less frequently 
     than annually, submit a report on the activities of the 
     officer, including the documents determined to be in the 
     public interest for disclosure under subsection (b), to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate;
       (B) the Committee on Oversight and Government Reform and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives; and
       (C) the head of the department, agency, or element of the 
     senior officer.
       (2) Form.--Each report submitted pursuant to paragraph (1) 
     shall be submitted, to the greatest extent possible, in 
     unclassified form, with a classified annex as may be 
     necessary.

            Subtitle B--Sensible Classification Act of 2023

     SEC. 711. SHORT TITLE.

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

     SEC. 712. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' in section 105 of title 5, United 
     States Code.
       (2) Classification.--The term ``classification'' means the 
     act or process by which information is determined to be 
     classified information.
       (3) Classified information.--The term ``classified 
     information'' means information that has been determined 
     pursuant to Executive Order 12958 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order, to require protection against unauthorized 
     disclosure and is marked to indicate its classified status 
     when in documentary form.
       (4) Declassification.--The term ``declassification'' means 
     the authorized change in the status of information from 
     classified information to unclassified information.
       (5) Document.--The term ``document'' means any recorded 
     information, regardless of the nature of the medium or the 
     method or circumstances of recording.
       (6) Downgrade.--The term ``downgrade'' means a 
     determination by a declassification authority that 
     information classified and safeguarded at a specified level 
     shall be classified and safeguarded at a lower level.
       (7) Information.--The term ``information'' means any 
     knowledge that can be communicated or documentary material, 
     regardless of its physical form or characteristics, that is 
     owned by, is produced by or for, or is under the control of 
     the United States Government.
       (8) Originate, originating, and originated.--The term 
     ``originate'', ``originating'', and ``originated'', with 
     respect to classified information and an authority, means the 
     authority that classified the information in the first 
     instance.
       (9) Records.--The term ``records'' means the records of an 
     agency and Presidential papers or Presidential records, as 
     those terms are defined in title 44, United States Code, 
     including those created or maintained by a government 
     contractor, licensee, certificate holder, or grantee that are 
     subject to the sponsoring agency's control under the terms of 
     the contract, license, certificate, or grant.
       (10) Security clearance.--The term ``security clearance'' 
     means an authorization to access classified information.
       (11) Unauthorized disclosure.--The term ``unauthorized 
     disclosure'' means a communication or physical transfer of 
     classified information to an unauthorized recipient.
       (12) Unclassified information.--The term ``unclassified 
     information'' means information that is not classified 
     information.

     SEC. 713. FINDINGS AND SENSE OF THE SENATE.

       (a) Findings.--The Senate makes the following findings:
       (1) According to a report released by the Office of the 
     Director of Intelligence in 2020 titled ``Fiscal Year 2019 
     Annual Report on Security Clearance Determinations'', more 
     than 4,000,000 individuals have been granted eligibility for 
     a security clearance.
       (2) At least 1,300,000 of such individuals have been 
     granted access to information classified at the Top Secret 
     level.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the classification system of the Federal Government is 
     in urgent need of reform;
       (2) the number of people with access to classified 
     information is exceedingly high and must be justified or 
     reduced;
       (3) reforms are necessary to reestablish trust between the 
     Federal Government and the people of the United States; and
       (4) classification should be limited to the minimum 
     necessary to protect national security while balancing the 
     public's interest in disclosure.

     SEC. 714. CLASSIFICATION AUTHORITY.

       (a) In General.--The authority to classify information 
     originally may be exercised only by--
       (1) the President and, in the performance of executive 
     duties, the Vice President;
       (2) the head of an agency or an official of any agency 
     authorized by the President pursuant to a designation of such 
     authority in the Federal Register; and
       (3) an official of the Federal Government to whom authority 
     to classify information originally has been delegated 
     pursuant to subsection (c).
       (b) Scope of Authority.--An individual authorized by this 
     section to classify information originally at a specified 
     level may also classify the information originally at a lower 
     level.
       (c) Delegation of Original Classification Authority.--An 
     official of the Federal Government may be delegated original 
     classification authority subject to the following:
       (1) Delegation of original classification authority shall 
     be limited to the minimum required to administer this 
     section. Agency heads shall be responsible for ensuring that 
     designated subordinate officials have a demonstrable and 
     continuing need to exercise this authority.
       (2) Authority to originally classify information at the 
     level designated as ``Top Secret'' may be delegated only by 
     the President, in the performance of executive duties, the 
     Vice President, or an agency head or official designated 
     pursuant to subsection (a)(2).
       (3) Authority to originally classify information at the 
     level designated as ``Secret'' or ``Confidential'' may be 
     delegated only by the President, in the performance of 
     executive duties, the Vice President, or an agency head or 
     official designated pursuant to subsection (a)(2), or the 
     senior agency official described in section 5.4(d) of 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, provided that official has been delegated ``Top 
     Secret'' original classification authority by the agency 
     head.
       (4) Each delegation of original classification authority 
     shall be in writing and the authority shall not be 
     redelegated except as provided by paragraphs (1), (2), and 
     (3). Each delegation shall identify the official by name or 
     position title.
       (d) Training Required.--

[[Page S3834]]

       (1) In general.--An individual may not be delegated 
     original classification authority under this section unless 
     the individual has first received training described in 
     paragraph (2).
       (2) Training described.--Training described in this 
     paragraph is training on original classification that 
     includes instruction on the proper safeguarding of classified 
     information and of the criminal, civil, and administrative 
     sanctions that may be brought against an individual who fails 
     to protect classified information from unauthorized 
     disclosure.
       (e) Exceptional Cases.--
       (1) In general.--When an employee, contractor, licensee, 
     certificate holder, or grantee of an agency who does not have 
     original classification authority originates information 
     believed by that employee, contractor, licensee, certificate 
     holder, or grantee to require classification, the information 
     shall be protected in a manner consistent with Executive 
     Order 13526 (50 U.S.C. 3161 note; relating to classified 
     national security information), or successor order.
       (2) Transmittal.--An employee, contractor, licensee, 
     certificate holder, or grantee described in paragraph (1), 
     who originates information described in such paragraph, shall 
     promptly transmit such information to--
       (A) the agency that has appropriate subject matter interest 
     and classification authority with respect to this 
     information; or
       (B) if it is not clear which agency has appropriate subject 
     matter interest and classification authority with respect to 
     the information, the Director of the Information Security 
     Oversight Office.
       (3) Agency decisions.--An agency that receives information 
     pursuant to paragraph (2)(A) or (4) shall decide within 30 
     days whether to classify this information.
       (4) Information security oversight office action.--If the 
     Director of the Information Security Oversight Office 
     receives information under paragraph (2)(B), the Director 
     shall determine the agency having appropriate subject matter 
     interest and classification authority and forward the 
     information, with appropriate recommendations, to that agency 
     for a classification determination.

     SEC. 715. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.

       (a) In General.--Whenever an agency is processing a request 
     pursuant to section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act'') or the 
     mandatory declassification review provisions of Executive 
     Order 13526 (50 U.S.C. 3161 note; relating to classified 
     national security information), or successor order, and 
     identifies responsive classified records that are more than 
     25 years of age as of December 31 of the year in which the 
     request is received, the head of the agency shall review the 
     record and process the record for declassification and 
     release by the National Declassification Center of the 
     National Archives and Records Administration.
       (b) Application.--Subsection (a) shall apply--
       (1) regardless of whether or not the record described in 
     such subsection is in the legal custody of the National 
     Archives and Records Administration; and
       (2) without regard for any other provisions of law or 
     existing agreements or practices between agencies.

     SEC. 716. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.

       (a) Definitions.--In this section:
       (1) Over-classification.--The term ``over-classification'' 
     means classification at a level that exceeds the minimum 
     level of classification that is sufficient to protect the 
     national security of the United States.
       (2) Sensible classification.--The term ``sensible 
     classification'' means classification at a level that is the 
     minimum level of classification that is sufficient to protect 
     the national security of the United States.
       (b) Training Required.--Each head of an agency with 
     classification authority shall conduct training for employees 
     of the agency with classification authority to discourage 
     over-classification and to promote sensible classification.

     SEC. 717. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION 
                   BOARD.

       Section 703 of the Public Interest Declassification Act of 
     2000 (50 U.S.C. 3355a) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(5) A member of the Board whose term has expired may 
     continue to serve until a successor is appointed and sworn 
     in.''; and
       (2) in subsection (f)--
       (A) by inserting ``(1)'' before ``Any employee''; and
       (B) by adding at the end the following:
       ``(2)(A) In addition to any employees detailed to the Board 
     under paragraph (1), the Board may hire not more than 12 
     staff members.
       ``(B) There are authorized to be appropriated to carry out 
     subparagraph (A) such sums as are necessary for fiscal year 
     2024 and each fiscal year thereafter.''.

     SEC. 718. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND 
                   DECLASSIFICATION.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the Office of 
     Electronic Government (in this section referred to as the 
     ``Administrator'') shall, in consultation with the Secretary 
     of Defense, the Director of the Central Intelligence Agency, 
     the Director of National Intelligence, the Public Interest 
     Declassification Board, the Director of the Information 
     Security Oversight Office, and the head of the National 
     Declassification Center of the National Archives and Records 
     Administration--
       (1) research a technology-based solution--
       (A) utilizing machine learning and artificial intelligence 
     to support efficient and effective systems for classification 
     and declassification; and
       (B) to be implemented on an interoperable and federated 
     basis across the Federal Government; and
       (2) submit to the President a recommendation regarding a 
     technology-based solution described in paragraph (1) that 
     should be adopted by the Federal Government.
       (b) Staff.--The Administrator may hire sufficient staff to 
     carry out subsection (a).
       (c) Report.--Not later than 540 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a classified report on the technology-based solution 
     recommended by the Administrator under subsection (a)(2) and 
     the President's decision regarding its adoption.

     SEC. 719. STUDIES AND RECOMMENDATIONS ON NECESSITY OF 
                   SECURITY CLEARANCES.

       (a) Agency Studies on Necessity of Security Clearances.--
       (1) Studies required.--The head of each agency that grants 
     security clearances to personnel of such agency shall conduct 
     a study on the necessity of such clearances.
       (2) Reports required.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, each head of an agency that 
     conducts a study under paragraph (1) shall submit to Congress 
     a report on the findings of the agency head with respect to 
     such study, which the agency head may classify as 
     appropriate.
       (B) Required elements.--Each report submitted by the head 
     of an agency under subparagraph (A) shall include, for such 
     agency, the following:
       (i) The number of personnel eligible for access to 
     information up to the ``Top Secret'' level.
       (ii) The number of personnel eligible for access to 
     information up to the ``Secret'' level.
       (iii) Information on any reduction in the number of 
     personnel eligible for access to classified information based 
     on the study conducted under paragraph (1).
       (iv) A description of how the agency head will ensure that 
     the number of security clearances granted by such agency will 
     be kept to the minimum required for the conduct of agency 
     functions, commensurate with the size, needs, and mission of 
     the agency.
       (3) Industry.--This subsection shall apply to the Secretary 
     of Defense in the Secretary's capacity as the Executive Agent 
     for the National Industrial Security Program, and the 
     Secretary shall treat contractors, licensees, and grantees as 
     personnel of the Department of Defense for purposes of the 
     studies and reports required by this subsection.
       (b) Director of National Intelligence Review of Sensitive 
     Compartmented Information.--The Director of National 
     Intelligence shall--
       (1) review the number of personnel eligible for access to 
     sensitive compartmented information; and
       (2) submit to Congress a report on how the Director will 
     ensure that the number of such personnel is limited to the 
     minimum required.
       (c) Agency Review of Special Access Programs.--Each head of 
     an agency who is authorized to establish a special access 
     program by Executive Order 13526 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order, shall--
       (1) review the number of personnel of the agency eligible 
     for access to such special access programs; and
       (2) submit to Congress a report on how the agency head will 
     ensure that the number of such personnel is limited to the 
     minimum required.
       (d) Secretary of Energy Review of Q and L Clearances.--The 
     Secretary of Energy shall--
       (1) review the number of personnel of the Department of 
     Energy granted Q and L access; and
       (2) submit to Congress a report on how the Secretary will 
     ensure that the number of such personnel is limited to the 
     minimum required
       (e) Independent Reviews.--Not later than 180 days after the 
     date on which a study is completed under subsection (a) or a 
     review is completed under subsections (b) through (d), the 
     Director of the Information Security Oversight Office of the 
     National Archives and Records Administration, the Director of 
     National Intelligence, and the Public Interest 
     Declassification Board shall each review the study or review, 
     as the case may be.

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

     SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES 
                   FOR PERSONNEL VETTING.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services and the Subcommittee on 
     Defense of the Committee on Appropriations of the Senate; and

[[Page S3835]]

       (3) the Committee on Armed Services and the Subcommittee on 
     Defense of the Committee on Appropriations of the House of 
     Representatives.
       (b) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a review of the extent to which the intelligence 
     community can use information technology services shared 
     among the intelligence community for purposes of personnel 
     vetting, including with respect to human resources, 
     suitability, and security.

     SEC. 802. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS OF 
                   TRUST FOR PERSONNEL VETTING.

       (a) Timeliness Standard.--
       (1) In general.--The President shall, acting through the 
     Security Executive Agent and the Suitability and 
     Credentialing Executive Agent, establish and publish in such 
     public venue as the President considers appropriate, new 
     timeliness performance standards for processing personnel 
     vetting trust determinations in accordance with the Federal 
     personnel vetting performance management standards.
       (2) Quinquennial reviews.--Not less frequently than once 
     every 5 years, the President shall, acting through the 
     Security Executive Agent and the Suitability and 
     Credentialing Executive Agent--
       (A) review the standards established pursuant to paragraph 
     (1); and
       (B) pursuant to such review--
       (i) update such standards as the President considers 
     appropriate; and
       (ii) publish in the Federal Register such updates as may be 
     made pursuant to clause (i).
       (3) Conforming amendment.--Section 3001 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) 
     is amended by striking subsection (g).
       (b) Quarterly Reports on Implementation.--
       (1) In general.--Not less frequently than quarterly, the 
     Security Executive Agent and the Suitability and 
     Credentialing Executive Agent shall jointly make available to 
     the public a quarterly report on the compliance of Executive 
     agencies (as defined in section 105 of title 5, United States 
     Code) with the standards established pursuant to subsection 
     (a).
       (2) Disaggregation.--Each report made available pursuant to 
     paragraph (1) shall disaggregate, to the greatest extent 
     practicable, data by appropriate category of personnel risk 
     and between Government and contractor personnel.
       (c) Complementary Standards for Intelligence Community.--
     The Director of National Intelligence may, in consultation 
     with the Security, Suitability, and Credentialing Performance 
     Accountability Council established pursuant to Executive 
     Order 13467 (50 U.S.C. 3161 note; relating to reforming 
     processes related to suitability for Government employment, 
     fitness for contractor employees, and eligibility for access 
     to classified national security information) establish for 
     the intelligence community standards complementary to those 
     established pursuant to subsection (a).

     SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING TRUST 
                   DETERMINATIONS.

       (a) Definition of Personnel Vetting Trust Determination.--
     In this section, the term ``personnel vetting trust 
     determination'' means any determination made by an executive 
     branch agency as to whether an individual can be trusted to 
     perform job functions or to be granted access necessary for a 
     position.
       (b) Annual Report.--Not later than March 30, 2024, and 
     annually thereafter for 5 years, the Director of National 
     Intelligence, acting as the Security Executive Agent, and the 
     Director of the Office of Personnel Management, acting as the 
     Suitability and Credentialing Executive Agent, in 
     coordination with the Security, Suitability, and 
     Credentialing Performance Accountability Council, shall 
     jointly make available to the public a report on specific 
     types of personnel vetting trust determinations made during 
     the fiscal year preceding the fiscal year in which the report 
     is made available, disaggregated, to the greatest extent 
     possible, by the following:
       (1) Determinations of eligibility for national security-
     sensitive positions, separately noting--
       (A) the number of individuals granted access to national 
     security information; and
       (B) the number of individuals determined to be eligible for 
     but not granted access to national security information.
       (2) Determinations of suitability or fitness for a public 
     trust position.
       (3) Status as a Government employee, a contractor employee, 
     or other category.
       (c) Elimination of Report Requirement.--Section 3001 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341) is amended by striking subsection (h).

     SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF 
                   TRUSTED WORKFORCE 2.0.

       Not later than 1 year after the date of the enactment of 
     this Act, and once every 2 years thereafter until 2029, the 
     Comptroller General of the United States shall administer a 
     survey to such sample of Federal agencies, Federal 
     contractors, and other persons that require security 
     clearances to access classified information as the 
     Comptroller General considers appropriate to assess--
       (1) the strengths and weaknesses of the implementation of 
     the Trusted Workforce 2.0 initiative; and
       (2) the effectiveness of vetting Federal personnel while 
     managing risk during the onboarding of such personnel.

     SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO 
                   CLASSIFIED INFORMATION SOLELY BECAUSE OF PAST 
                   USE OF CANNABIS.

       (a) Definitions.--In this section:
       (1) Cannabis.--The term ``cannabis'' has the meaning given 
     the term ``marihuana'' in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802).
       (2) Eligibility for access to classified information.--The 
     term ``eligibility for access to classified information'' has 
     the meaning given the term in the procedures established 
     pursuant to section 801(a) of the National Security Act of 
     1947 (50 U.S.C. 3161(a)).
       (b) Prohibition.--Notwithstanding any other provision of 
     law, the head of an element of the intelligence community may 
     not make a determination to deny eligibility for access to 
     classified information to an individual based solely on the 
     use of cannabis by the individual prior to the submission of 
     the application for a security clearance by the individual.

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

     SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY 
                   THE CENTRAL INTELLIGENCE AGENCY FOR QUALIFYING 
                   INJURIES TO THE BRAIN.

       Section 19A(d) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 3519b(d)) is amended by striking paragraph 
     (3) and inserting the following new paragraph:
       ``(3) Funding.--
       ``(A) In general.--Payment under paragraph (2) in a fiscal 
     year may be made using any funds--
       ``(i) appropriated in advance specifically for payments 
     under such paragraph; or
       ``(ii) reprogrammed in accordance with section 504 of the 
     National Security Act of 1947 (50 U.S.C. 3094).
       ``(B) Budget.--For each fiscal year, the Director shall 
     include with the budget justification materials submitted to 
     Congress in support of the budget of the President for that 
     fiscal year pursuant to section 1105(a) of title 31, United 
     States Code, an estimate of the funds required in that fiscal 
     year to make payments under paragraph (2).''.

     SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN 
                   BENEFITS RELATING TO INJURIES TO THE BRAIN.

       (a) In General.--Section 19A(d)(5) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is 
     amended--
       (1) by striking ``Payments made'' and inserting the 
     following:
       ``(A) In general.--Payments made''; and
       (2) by adding at the end the following:
       ``(B) Relation to certain federal workers compensation 
     laws.--Without regard to the requirements in sections (b) and 
     (c), covered employees need not first seek benefits provided 
     under chapter 81 of title 5, United States Code, to be 
     eligible solely for payment authorized under paragraph (2) of 
     this subsection.''.
       (b) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the Central 
     Intelligence Agency shall--
       (1) revise applicable regulations to conform with the 
     amendment made by subsection (a); and
       (2) submit to the congressional intelligence committees, 
     the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate, and the Subcommittee on Defense 
     of the Committee on Appropriations of the House of 
     Representatives copies of such regulations, as revised 
     pursuant to paragraph (1).

     SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT 
                   OF 2021 AUTHORITIES.

       (a) Regulations.--Except as provided in subsection (c), not 
     later than 180 days after the date of the enactment of this 
     Act, each head of an element of the intelligence community 
     that has not already done so shall--
       (1) issue regulations and procedures to implement the 
     authorities provided by section 19A(d) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and 
     section 901(i) of title IX of division J of the Further 
     Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to 
     provide payments under such sections, to the degree that such 
     authorities are applicable to the head of the element; and
       (2) submit to the congressional intelligence, the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate, and the Subcommittee on Defense of the Committee 
     on Appropriations of the House of Representatives committees 
     copies of such regulations.
       (b) Reporting.--Not later than 210 days after the date of 
     the enactment of this Act, each head of an element of the 
     intelligence community shall submit to the congressional 
     intelligence committees, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives a report on--
       (1) the estimated number of individuals associated with 
     their element that may be eligible for payment under the 
     authorities described in subsection (a)(1);
       (2) an estimate of the obligation that the head of the 
     intelligence community element expects to incur in fiscal 
     year 2025 as a result of establishing the regulations 
     pursuant to subsection (a)(1); and

[[Page S3836]]

       (3) any perceived barriers or concerns in implementing such 
     authorities.
       (c) Alternative Reporting.--Not later than 180 days after 
     the date of the enactment of this Act, each head of an 
     element of the intelligence community (other than the 
     Director of the Central Intelligence Agency) who believes 
     that the authorities described in subsection (a)(1) are not 
     currently relevant for individuals associated with their 
     element, or who are not otherwise in position to issue the 
     regulations and procedures required by subsection (a)(1) 
     shall provide written and detailed justification to the 
     congressional intelligence committees, the Subcommittee on 
     Defense of the Committee on Appropriations of the Senate, and 
     the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives to explain 
     this position.

     SEC. 904. REPORT AND BRIEFING ON CENTRAL INTELLIGENCE AGENCY 
                   HANDLING OF ANOMALOUS HEALTH INCIDENTS.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``Agency'' means the Central 
     Intelligence Agency.
       (2) Qualifying injury.--The term ``qualifying injury'' has 
     the meaning given such term in section 19A(d)(1) of the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3519b(d)(1)).
       (b) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Director of the Central 
     Intelligence Agency shall submit to the congressional 
     intelligence committees a report on the handling of anomalous 
     health incidents by the Agency.
       (c) Contents.--The report required by subsection (b) shall 
     include the following:
       (1) HAVANA act implementation.--
       (A) An explanation of how the Agency determines whether a 
     reported anomalous health incident resulted in a qualifying 
     injury or a qualifying injury to the brain.
       (B) The number of participants of the Expanded Care Program 
     of the Central Intelligence Agency who--
       (i) have a certified qualifying injury or a certified 
     qualifying injury to the brain; and
       (ii) as of September 30, 2023, applied to the Expanded Care 
     Program due to a reported anomalous health incident.
       (C) A comparison of the number of anomalous health 
     incidents reported by applicants to the Expanded Care Program 
     that occurred in the United States and that occurred in a 
     foreign country.
       (D) The specific reason each applicant was approved or 
     denied for payment under the Expanded Care Program.
       (E) The number of applicants who were initially denied 
     payment but were later approved on appeal.
       (F) The average length of time, from the time of 
     application, for an applicant to receive a determination from 
     the Expanded Care Program, aggregated by qualifying injuries 
     and qualifying injuries to the brain.
       (2) Priority cases.--
       (A) A detailed list of priority cases of anomalous health 
     incidents, including, for each incident, locations, dates, 
     times, and circumstances.
       (B) For each priority case listed in accordance with 
     subparagraph (A), a detailed explanation of each credible 
     alternative explanation that the Agency assigned to the 
     incident, including--
       (i) how the incident was discovered;
       (ii) how the incident was assigned within the Agency; and
       (iii) whether an individual affected by the incident is 
     provided an opportunity to appeal the credible alternative 
     explanation.
       (C) For each priority case of an anomalous health incident 
     determined to be largely consistent with the definition of 
     ``anomalous health incident'' established by the National 
     Academy of Sciences and for which the Agency does not have a 
     credible alternative explanation, a detailed description of 
     such case.
       (3) Anomalous health incident sensors.--
       (A) A list of all types of sensors that the Agency has 
     developed or deployed with respect to reports of anomalous 
     health incidents, including, for each type of sensor, the 
     deployment location, the date and the duration of the 
     employment of such type of sensor, and, if applicable, the 
     reason for removal.
       (B) A list of entities to which the Agency has provided 
     unrestricted access to data associated with anomalous health 
     incidents.
       (C) A list of requests for support the Agency has received 
     from elements of the Federal Government regarding sensor 
     development, testing, or deployment, and a description of the 
     support provided in each case.
       (D) A description of all emitter signatures obtained by 
     sensors associated with anomalous health incidents in Agency 
     holdings since 2016, including--
       (i) the identification of any of such emitters that the 
     Agency prioritizes as a threat; and
       (ii) an explanation of such prioritization.
       (d) Additional Submissions.--Concurrent with the submission 
     of the report required by subsection (b), the Director of the 
     Central Intelligence Agency shall submit to the congressional 
     intelligence committees, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives--
       (1) a template of each form required to apply for the 
     Expanded Care Program, including with respect to payments for 
     a qualifying injury or a qualifying injury to the brain;
       (2) copies of internal guidance used by the Agency to 
     adjudicate claims for the Expanded Care Program, including 
     with respect to payments for a qualifying injury to the 
     brain;
       (3) the case file of each applicant to the Expanded Care 
     Program who applied due to a reported anomalous health 
     incident, including supporting medical documentation, with 
     name and other identifying information redacted;
       (4) copies of all informational and instructional materials 
     provided to employees of and other individuals affiliated 
     with the Agency with respect to applying for the Expanded 
     Care Program; and
       (5) copies of Agency guidance provided to employees of and 
     other individuals affiliated with the Agency with respect to 
     reporting and responding to a suspected anomalous health 
     incident, and the roles and responsibilities of each element 
     of the Agency tasked with responding to a report of an 
     anomalous health incident.
       (e) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, the Director of the Central 
     Intelligence Agency shall brief the congressional 
     intelligence committees, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives on the report.

                       TITLE X--ELECTION SECURITY

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

       (a) Requiring Penetration Testing as Part of the Testing 
     and Certification of Voting Systems.--Section 231 of the Help 
     America Vote Act of 2002 (52 U.S.C. 20971) is amended by 
     adding at the end the following new subsection:
       ``(e) Required Penetration Testing.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the Commission shall 
     provide for the conduct of penetration testing as part of the 
     testing, certification, decertification, and recertification 
     of voting system hardware and software by accredited 
     laboratories under this section.
       ``(2) Accreditation.--The Director of the National 
     Institute of Standards and Technology shall recommend to the 
     Commission entities the Director proposes be accredited to 
     carry out penetration testing under this subsection and 
     certify compliance with the penetration testing-related 
     guidelines required by this subsection. The Commission shall 
     vote on the accreditation of any entity recommended. The 
     requirements for such accreditation shall be a subset of the 
     requirements for accreditation of laboratories under 
     subsection (b) and shall only be based on consideration of an 
     entity's competence to conduct penetration testing under this 
     subsection.''.
       (b) Independent Security Testing and Coordinated 
     Cybersecurity Vulnerability Disclosure Program for Election 
     Systems.--
       (1) In general.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by 
     adding at the end the following new part:

 ``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY 
      VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS

     ``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED 
                   CYBERSECURITY VULNERABILITY DISCLOSURE PILOT 
                   PROGRAM FOR ELECTION SYSTEMS.

       ``(a) In General.--
       ``(1) Establishment.--The Commission, in consultation with 
     the Secretary, shall establish an Independent Security 
     Testing and Coordinated Vulnerability Disclosure Pilot 
     Program for Election Systems (VDP-E) (in this section 
     referred to as the `program') in order to test for and 
     disclose cybersecurity vulnerabilities in election systems.
       ``(2) Duration.--The program shall be conducted for a 
     period of 5 years.
       ``(3) Requirements.--In carrying out the program, the 
     Commission, in consultation with the Secretary, shall--
       ``(A) establish a mechanism by which an election systems 
     vendor may make their election system (including voting 
     machines and source code) available to cybersecurity 
     researchers participating in the program;
       ``(B) provide for the vetting of cybersecurity researchers 
     prior to their participation in the program, including the 
     conduct of background checks;
       ``(C) establish terms of participation that--
       ``(i) describe the scope of testing permitted under the 
     program;
       ``(ii) require researchers to--

       ``(I) notify the vendor, the Commission, and the Secretary 
     of any cybersecurity vulnerability they identify with respect 
     to an election system; and
       ``(II) otherwise keep such vulnerability confidential for 
     180 days after such notification;

       ``(iii) require the good faith participation of all 
     participants in the program;
       ``(iv) require an election system vendor, within 180 days 
     after validating notification of a critical or high 
     vulnerability (as defined by the National Institute of 
     Standards and Technology) in an election system of the 
     vendor, to--

[[Page S3837]]

       ``(I) send a patch or propound some other fix or mitigation 
     for such vulnerability to the appropriate State and local 
     election officials, in consultation with the researcher who 
     discovered it; and
       ``(II) notify the Commission and the Secretary that such 
     patch has been sent to such officials;

       ``(D) in the case where a patch or fix to address a 
     vulnerability disclosed under subparagraph (C)(ii)(I) is 
     intended to be applied to a system certified by the 
     Commission, provide--
       ``(i) for the expedited review of such patch or fix within 
     90 days after receipt by the Commission; and
       ``(ii) if such review is not completed by the last day of 
     such 90 day period, that such patch or fix shall be deemed to 
     be certified by the Commission, subject to any subsequent 
     review of such determination by the Commission; and
       ``(E) 180 days after the disclosure of a vulnerability 
     under subparagraph (C)(ii)(I), notify the Director of the 
     Cybersecurity and Infrastructure Security Agency of the 
     vulnerability for inclusion in the database of Common 
     Vulnerabilities and Exposures.
       ``(4) Voluntary participation; safe harbor.--
       ``(A) Voluntary participation.--Participation in the 
     program shall be voluntary for election systems vendors and 
     researchers.
       ``(B) Safe harbor.--When conducting research under this 
     program, such research and subsequent publication shall be 
     considered to be:
       ``(i) Authorized in accordance with section 1030 of title 
     18, United States Code (commonly known as the `Computer Fraud 
     and Abuse Act'), (and similar state laws), and the election 
     system vendor will not initiate or support legal action 
     against the researcher for accidental, good faith violations 
     of the program.
       ``(ii) Exempt from the anti-circumvention rule of section 
     1201 of title 17, United States Code (commonly known as the 
     `Digital Millennium Copyright Act'), and the election system 
     vendor will not bring a claim against a researcher for 
     circumvention of technology controls.
       ``(C) Rule of construction.--Nothing in this paragraph may 
     be construed to limit or otherwise affect any exception to 
     the general prohibition against the circumvention of 
     technological measures under subparagraph (A) of section 
     1201(a)(1) of title 17, United States Code, including with 
     respect to any use that is excepted from that general 
     prohibition by the Librarian of Congress under subparagraphs 
     (B) through (D) of such section 1201(a)(1).
       ``(5) Exempt from disclosure.--Cybersecurity 
     vulnerabilities discovered under the program shall be exempt 
     from section 552 of title 5, United States Code (commonly 
     referred to as the Freedom of Information Act).
       ``(6) Definitions.--In this subsection:
       ``(A) Cybersecurity vulnerability.--The term `cybersecurity 
     vulnerability' means, with respect to an election system, any 
     security vulnerability that affects the election system.
       ``(B) Election infrastructure.--The term `election 
     infrastructure' means--
       ``(i) storage facilities, polling places, and centralized 
     vote tabulation locations used to support the administration 
     of elections for public office; and
       ``(ii) related information and communications technology, 
     including--

       ``(I) voter registration databases;
       ``(II) election management systems;
       ``(III) voting machines;
       ``(IV) electronic mail and other communications systems 
     (including electronic mail and other systems of vendors who 
     have entered into contracts with election agencies to support 
     the administration of elections, manage the election process, 
     and report and display election results); and
       ``(V) other systems used to manage the election process and 
     to report and display election results on behalf of an 
     election agency.

       ``(C) Election system.--The term `election system' means 
     any information system that is part of an election 
     infrastructure, including any related information and 
     communications technology described in subparagraph (B)(ii).
       ``(D) Election system vendor.--The term `election system 
     vendor' means any person providing, supporting, or 
     maintaining an election system on behalf of a State or local 
     election official.
       ``(E) Information system.--The term `information system' 
     has the meaning given the term in section 3502 of title 44, 
     United States Code.
       ``(F) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(G) Security vulnerability.--The term `security 
     vulnerability' has the meaning given the term in section 102 
     of the Cybersecurity Information Sharing Act of 2015 (6 
     U.S.C. 1501).''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended by adding at the end of the items relating to 
     subtitle D of title II the following:

 ``PART 7--Independent Security Testing and Coordinated Cybersecurity 
         Vulnerability Disclosure Program for Election Systems

``Sec. 297. Independent security testing and coordinated cybersecurity 
              vulnerability disclosure program for election systems.''.

                        TITLE XI--OTHER MATTERS

     SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-
                   DOMAIN ANOMALY RESOLUTION OFFICE.

       Section 1683(k)(1) of the National Defense Authorization 
     Act for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended 
     by section 6802(a) of the Intelligence Authorization Act for 
     Fiscal Year 2023 (Public Law 117-263), is amended--
       (1) in the heading, by striking ``Director of national 
     intelligence and secretary of defense'' and inserting ``All-
     domain anomaly resolution office''; and
       (2) in subparagraph (A), by striking ``Director of National 
     Intelligence and the Secretary of Defense shall jointly'' and 
     inserting ``Director of the Office shall''.

     SEC. 1102. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED 
                   ANOMALOUS PHENOMENA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on 
     Appropriations of the House of Representatives.
       (2) Congressional leadership.--The term ``congressional 
     leadership'' means--
       (A) the majority leader of the Senate;
       (B) the minority leader of the Senate;
       (C) the Speaker of the House of Representatives; and
       (D) the minority leader of the House of Representatives.
       (3) Director.--The term ``Director'' means the Director of 
     the All-domain Anomaly Resolution Office.
       (4) Unidentified anomalous phenomena.--The term 
     ``unidentified anomalous phenomena'' has the meaning given 
     such term in section 1683(n) of the National Defense 
     Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(n)), 
     as amended by section 6802(a) of the Intelligence 
     Authorization Act for Fiscal Year 2023 (Public Law 117-263).
       (b) Sense of Congress.--It is the sense of Congress that, 
     due to the increasing potential for technology surprise from 
     foreign adversaries and to ensure sufficient integration 
     across the United States industrial base and avoid technology 
     and security stovepipes--
       (1) the United States industrial base must retain its 
     global lead in critical advanced technologies; and
       (2) the Federal Government must expand awareness about any 
     historical exotic technology antecedents previously provided 
     by the Federal Government for research and development 
     purposes.
       (c) Limitations.--No amount authorized to be appropriated 
     by this Act may be obligated or expended, directly or 
     indirectly, in part or in whole, for, on, in relation to, or 
     in support of activities involving unidentified anomalous 
     phenomena protected under any form of special access or 
     restricted access limitations that have not been formally, 
     officially, explicitly, and specifically described, 
     explained, and justified to the appropriate committees of 
     Congress, congressional leadership, and the Director, 
     including for any activities relating to the following:
       (1) Recruiting, employing, training, equipping, and 
     operations of, and providing security for, government or 
     contractor personnel with a primary, secondary, or 
     contingency mission of capturing, recovering, and securing 
     unidentified anomalous phenomena craft or pieces and 
     components of such craft.
       (2) Analyzing such craft or pieces or components thereof, 
     including for the purpose of determining properties, material 
     composition, method of manufacture, origin, characteristics, 
     usage and application, performance, operational modalities, 
     or reverse engineering of such craft or component technology.
       (3) Managing and providing security for protecting 
     activities and information relating to unidentified anomalous 
     phenomena from disclosure or compromise.
       (4) Actions relating to reverse engineering or replicating 
     unidentified anomalous phenomena technology or performance 
     based on analysis of materials or sensor and observational 
     information associated with unidentified anomalous phenomena.
       (5) The development of propulsion technology, or aerospace 
     craft that uses propulsion technology, systems, or 
     subsystems, that is based on or derived from or inspired by 
     inspection, analysis, or reverse engineering of recovered 
     unidentified anomalous phenomena craft or materials.
       (6) Any aerospace craft that uses propulsion technology 
     other than chemical propellants, solar power, or electric ion 
     thrust.
       (d) Notification and Reporting.--Any person currently or 
     formerly under contract with the Federal Government that has 
     in their possession material or information provided by or 
     derived from the Federal Government relating to unidentified 
     anomalous phenomena that formerly or currently is protected 
     by any form of special access or restricted access shall--
       (1) not later than 60 days after the date of the enactment 
     of this Act, notify the Director of such possession; and
       (2) not later than 180 days after the date of the enactment 
     of this Act, make available to the Director for assessment, 
     analysis, and inspection--
       (A) all such material and information; and

[[Page S3838]]

       (B) a comprehensive list of all non-earth origin or exotic 
     unidentified anomalous phenomena material.
       (e) Liability.--No criminal or civil action may lie or be 
     maintained in any Federal or State court against any person 
     for receiving material or information described in subsection 
     (d) if that person complies with the notification and 
     reporting provisions described in such subsection.
       (f) Limitation Regarding Independent Research and 
     Development.--
       (1) In general.--Consistent with Department of Defense 
     Instruction Number 3204.01 (dated August 20, 2014, 
     incorporating change 2, dated July 9, 2020; relating to 
     Department policy for oversight of independent research and 
     development), independent research and development funding 
     relating to material or information described in subsection 
     (c) shall not be allowable as indirect expenses for purposes 
     of contracts covered by such instruction, unless such 
     material and information is made available to the Director in 
     accordance with subsection (d).
       (2) Effective date and applicability.--Paragraph (1) shall 
     take effect on the date that is 60 days after the date of the 
     enactment of this Act and shall apply with respect to funding 
     from amounts appropriated before, on, or after such date.
       (g) Notice to Congress.--Not later than 30 days after the 
     date on which the Director has received a notification under 
     paragraph (1) of subsection (d) or information or material 
     under paragraph (2) of such subsection, the Director shall 
     provide written notification of such receipt to the 
     appropriate committees of Congress, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Oversight and Accountability of the House of 
     Representatives, and congressional leadership.
                                 ______
                                 
  SA 1088. Mr. SCHUMER (for Mr. Peters) proposed an amendment to the 
bill S. 1528, to streamline the sharing of information among Federal 
disaster assistance agencies, to expedite the delivery of life-saving 
assistance to disaster survivors, to speed the recovery of communities 
from disasters, to protect the security and privacy of information 
provided by disaster survivors, and for other purposes; as follows:

       On page 20, strike line 2 and insert ``ance program.
       ``(4) Program authorization.--Nothing in this section shall 
     be construed to authorize a program that is not authorized by 
     law as of the date of enactment of this section.''.
                                 ______
                                 
  SA 1089. Mr. SCHUMER (for Mr. Boozman (for himself, Mr. Manchin, Mr. 
Carper, Mrs. Capito, Mr. King, and Mr. Marshall)) proposed an amendment 
to the bill S. 788, to amend the Permanent Electronic Duck Stamp Act of 
2013 to allow States to issue fully electronic stamps under that Act, 
and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Duck Stamp Modernization Act 
     of 2023''.

     SEC. 2. AUTHORIZING FULLY ELECTRONIC STAMPS.

       (a) In General.--Section 5 of the Permanent Electronic Duck 
     Stamp Act of 2013 (16 U.S.C. 718r) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Actual Stamp'' 
     and inserting ``Electronic Stamp'';
       (B) in the matter preceding paragraph (1), by striking ``an 
     actual stamp'' and inserting ``the electronic stamp''; and
       (C) by striking paragraph (1) and inserting the following:
       ``(1) on the date of purchase of the electronic stamp; 
     and'';
       (2) in subsection (c), by striking ``actual stamps'' and 
     inserting ``actual stamps under subsection (e)'';
       (3) by redesignating subsection (e) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Delivery of Actual Stamps.--The Secretary shall issue 
     an actual stamp after March 10 of each year to each 
     individual that purchased an electronic stamp for the 
     preceding waterfowl season.''.
       (b) Contents of Electronic Stamp.--Section 2 of the 
     Permanent Electronic Duck Stamp Act of 2013 (16 U.S.C. 718o) 
     is amended--
       (1) in paragraph (1), by striking ``Federal'' and all that 
     follows through ``that is printed'' and inserting ``Migratory 
     Bird Hunting and Conservation Stamp required under the 
     Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 
     718a et seq.) that is printed''; and
       (2) in paragraph (3)--
       (A) in subparagraph (D), by striking ``and'' at the end;
       (B) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) may contain an image of the actual stamp.''.
       (c) Stamp Valid Through Close of Hunting Season.--Section 6 
     of the Permanent Electronic Duck Stamp Act of 2013 (16 U.S.C. 
     718s) is amended--
       (1) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``shall, during the effective period of the 
     electronic stamp--'' and inserting ``shall--''; and
       (2) in subsection (c), by striking ``for a period agreed to 
     by the State and the Secretary, which shall not exceed 45 
     days'' and inserting ``through the first June 30 that occurs 
     after the date of issuance of the electronic stamp by the 
     State''.
       (d) Electronic Stamps as Permit.--Section 1(a)(1) of the 
     Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 
     718a(a)(1)) is amended--
       (1) by inserting ``as an electronic stamp (as defined in 
     section 2 of the Permanent Electronic Duck Stamp Act of 2013 
     (16 U.S.C. 718o)) or'' after ``Conservation Stamp,''; and
       (2) by striking ``face of the stamp'' and inserting ``face 
     of the actual stamp (as defined in that section)''.
                                 ______
                                 
  SA 1090. Mr. SCHUMER (for Mr. Cruz (for himself, Mr. Lujan, Mr. 
Cornyn, and Mr. Heinrich)) proposed an amendment to the bill S. 992, to 
amend the Intermodal Surface Transportation Efficiency Act of 1991 to 
designate the Texas and New Mexico portions of the future Interstate-
designated segments of the Port-to-Plains Corridor as Interstate Route 
27, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``I-27 Numbering Act of 
     2023''.

     SEC. 2. NUMBERING OF DESIGNATED FUTURE INTERSTATE.

       (a) In General.--Section 1105(e)(5)(C)(i) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240; 109 Stat. 598; 133 Stat. 3018) is amended by 
     inserting after the tenth sentence the following: ``The 
     routes referred to in clause (i) (other than subclauses 
     (V)(aa) and (V)(bb) and subclause (IX)(aa) of that clause) 
     and clause (iv) of subsection (c)(38)(A) are designated as 
     Interstate Route I-27. The route referred to in subsection 
     (c)(38)(A)(i)(V)(aa) is designated as Interstate Route I-27E. 
     The route referred to in subsection (c)(38)(A)(i)(V)(bb) is 
     designated as Interstate Route I-27W. The route referred to 
     in subsection (c)(38)(A)(i)(IX)(aa) is designated as 
     Interstate Route I-27N.''.
       (b) Conforming Amendments.--Section 1105(c)(38)(A)(i) of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240; 105 Stat. 2032; 114 Stat. 2763A-201; 116 
     Stat. 1741) is amended--
       (1) in subclause (V)--
       (A) by striking ``Lamesa, the Corridor'' and inserting the 
     following: ``Lamesa--
       ``(aa) the Corridor''; and
       (B) in item (aa) (as so redesignated), by striking ``87 
     and, the Corridor'' and inserting the following: ``87; and
       ``(bb) the Corridor''; and
       (2) in subclause (IX)--
       (A) by striking ``(IX) United States Route 287'' and 
     inserting the following:

       ``(IX)(aa) United States Route 287''; and

       (B) in item (aa) (as so redesignated), by striking 
     ``Oklahoma, and also United States Route 87'' and inserting 
     the following: ``Oklahoma; and

       ``(bb) United States Route 87''.

                                 ______
                                 
  SA 1091. Mr. SCHUMER (for Mr. Peters) proposed an amendment to the 
bill S. 1858, to amend the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act to establish a deadline for applying for 
disaster unemployment assistance; as follows:

       At the end, add the following:

     SEC. 3. APPLICABILITY.

       The amendment made by section 2 shall apply only with 
     respect to amounts appropriated on or after the date of 
     enactment of this Act.

                          ____________________