[Congressional Record Volume 169, Number 130 (Thursday, July 27, 2023)]
[Senate]
[Pages S3800-S3838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.--
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(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--
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``(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
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(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.
______