[Congressional Record Volume 172, Number 114 (Tuesday, July 14, 2026)]
[Senate]
[Pages S3947-S4077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 6670. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle D of title I, insert
the following:
SEC. __. AUTHORIZATION OF APPROPRIATIONS FOR COUNTER UNMANNED
SYSTEMS RELATING TO THE DEFENSE OF STRATEGIC
ASSETS.
(a) In General.--There is authorized to be appropriated to
the Department of the Air Force $50,000,000 for counter
unmanned systems relating to the defense of strategic assets.
(b) Offsets.--
(1) Offset 1.--The amount authorized to be appropriated by
this Act for BMD enabling programs (RDDW 0603890C, line 88)
is hereby reduced by $5,000,000.
(2) Offset 2.--The amount authorized to be appropriated by
this Act for special programs--MDA (RDDW 0603891C, line 89)
is hereby reduced by $5,000,000.
(3) Offset 3.--The amount authorized to be appropriated by
this Act for Atomic Energy Defense Activities, National
Nuclear Security Administration, Naval Reactors, 14-D-901
Spent Fuel Handling Recapitalization Project, NRF is hereby
reduced by $40,000,000.
______
SA 6671. Mr. HOEVEN (for himself, Mrs. Shaheen, Mr. Moran, and Ms.
Duckworth) submitted an amendment intended to be proposed by him to the
bill S. 4784, to authorize appropriations for fiscal year 2027 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. ____. AIR TRAFFIC-COLLEGIATE TRAINING INITIATIVE PROGRAM
IMPROVEMENTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
(3) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(4) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(b) Air Traffic-Collegiate Training Initiative Program
Improvements.--
(1) In general.--Section 44506(c) of title 49, United
States Code, is amended to read as follows:
``(c) Air Traffic-Collegiate Training Initiative and
Enhanced Air Traffic-Collegiate Training Initiative.--
``(1) In general.--The Administrator of the Federal
Aviation Administration shall maintain the Air Traffic-
Collegiate Training Initiative program and the Enhanced Air
Traffic-Collegiate Training Initiative program (in this
section referred to as the `Enhanced Initiative') to support
the recruitment, education, and hiring of well-qualified
developmental air traffic controllers.
``(2) Special rules for the enhanced initiative.--
``(A) Requirements.--In maintaining the Enhanced Initiative
under paragraph (1), the Administrator shall, at a minimum--
``(i) select and coordinate with accredited institutions of
higher education (as defined in section 61.1 of title 14,
Code of Federal Regulations), as determined by the
Administrator, that administer an accredited air traffic
curriculum to undergraduate students, to prepare students for
the position of air traffic controller with the Department of
Transportation (as defined in section 2109 of title 5);
``(ii) establish standards for the entry and participation
of accredited institutions of higher education into the
program; and
``(iii) solicit applications from, and provide guidance to,
interested accredited institutions of higher education that
administer an accredited air traffic curriculum to
undergraduate students, including accredited institutions
that participate in the Air Traffic-Collegiate Training
Initiative, to foster participation of qualified accredited
institutions in the Enhanced Initiative.
``(B) Selection criteria.--Prior to selecting an accredited
institution of higher education for participation in the
Enhanced Initiative, the Administrator shall--
``(i) consider the air traffic curriculum of the
institution, including the institution's access to air
traffic educational resources and Federal Aviation
Administration air traffic facilities and equipment;
``(ii) certify that each accredited institution of higher
education seeking to participate in the Enhanced Initiative
has a qualified air traffic curriculum that provides, at a
minimum, an equivalent level of education and training for
air traffic controller trainees to that provided at the
Federal Aviation Administration Academy; and
``(iii) certify that all evaluations of students at
accredited institutions of higher education seeking to
participate in the Enhanced Initiative shall be conducted by
evaluators that are approved and certified by the Federal
Aviation Administration.
``(3) Appointment of program graduates.--The Administrator
may appoint an individual who has successfully completed a
course of training in a program described in paragraph (1) to
the position of air traffic controller noncompetitively in
the excepted service (as defined in section 2103 of title
5).''.
(2) FAA air traffic control training aviation rulemaking
committee.--
(A) In general.--The Administrator shall convene an
aviation rulemaking committee to--
(i) review the curricula of the air traffic technical
training academy of the FAA, including its use in the Air
Traffic-Collegiate Training Initiative program and the
Enhanced Air Traffic-Collegiate Training Initiative program;
(ii) review the on-the-job training, development,
evaluation, and certification of certified professional
controllers;
(iii) develop findings and recommendations regarding the
improvement and modernization of such curricula and training;
and
(iv) provide to the Administrator a report on such findings
and recommendations and for other related purposes as
determined by the Administrator.
(B) Composition.--The aviation rulemaking committee
established under subparagraph (A) shall consist of members
appointed by the Administrator, including representatives
of--
(i) institutions of higher education that are accredited by
the Aviation Accreditation Board International;
(ii) aviation industry organizations;
(iii) FAA subject matter experts;
(iv) military and commercial operators of aircraft,
helicopters, and powered-lift aircraft;
(v) the exclusive bargaining representative of the air
traffic controllers certified under section 7111 of title 5,
United States Code;
(vi) organizations representing certified collective
bargaining representatives of airline pilots;
(vii) representatives of accredited institutions of higher
education participating in the Air Traffic-Collegiate
Training Initiative program and the Enhanced Air Traffic-
Collegiate Training Initiative program;
(viii) aviation safety experts, including those from
outside the FAA; and
(ix) any other stakeholder determined appropriate by the
Administrator.
(C) Considerations.--The aviation rulemaking committee
established under subparagraph (A) shall consider the
following:
(i) The advancements in education technology, including
digital resources and augmented reality or virtual reality
capabilities, that may be incorporated into a modern
curriculum and training.
(ii) The appropriate balance between the use of theoretical
knowledge and practical application.
[[Page S3948]]
(iii) A review of instructional techniques to improve the
effectiveness of learning outcomes.
(iv) The real-world applicability of air traffic operations
procedures included in the curriculum and training.
(v) Student success rates, including outcomes of air
traffic controller trainees when placed at facilities for on-
the-job training.
(vi) Methods for reducing the subjectivity of instructional
techniques.
(vii) Student success rates correlated with the completion
of the Air Traffic-Collegiate Training Initiative program and
the Enhanced Air Traffic-Collegiate Training Initiative
program described in section 44506(c) of title 49, United
States Code.
(viii) The appropriate method for ensuring the curriculum
and training incorporates new entrants into the national
airspace system.
(ix) Other considerations as determined appropriate by the
Administrator.
(D) Duties.--
(i) In general.--Not later than 18 months after the date of
enactment of this section, the Administrator shall submit to
the appropriate committees of Congress a copy of the aviation
rulemaking committee report provided to the Administrator
under subparagraph (A)(iii).
(ii) Implementation.--Not later than 180 days after the
date of submission of the report under clause (i), the
Administrator shall implement the recommendations of the
report, as determined appropriate by the Administrator.
(iii) Justification.--If the Administrator decides not to
implement a recommendation described in the report submitted
under clause (i), the Administrator shall submit to the
appropriate committees of Congress a justification for such
decision not later than 90 days after receiving such report.
(E) Prohibition on compensation.--The members of the
aviation rulemaking committee convened under this paragraph
shall not receive pay, allowances, or benefits from the
Federal Government by reason of their service on such
committee. This paragraph shall not be construed to affect
the pay, allowances, or benefits of any Federal employee who
serves as a member of the aviation rulemaking committee as
part of their official duties.
(3) Review of enhanced air traffic-collegiate training
initiative program.--
(A) In general.--Not later than 5 years after the date of
the enactment of this section, the Comptroller General shall
initiate a study to examine the effectiveness of the Enhanced
Air Traffic-Collegiate Training Initiative program (in this
paragraph referred to as the ``Enhanced Initiative'') in--
(i) increasing the education and training capacity of FAA
air traffic controllers; and
(ii) growing the FAA air traffic controller workforce.
(B) Contents.--In conducting the study under subparagraph
(A), the Comptroller General shall, at a minimum, evaluate
the effectiveness of the program in producing--
(i) students that score at least a well-qualified score on
the Air Traffic Skills Assessment (or a successor air traffic
entrance exam);
(ii) developmental controllers that enter en route and
terminal air traffic environments after completing the
Enhanced Initiative; and
(iii) developmental controllers that become certified
professional controllers.
(C) Consultation.--In conducting the study under
subparagraph (A), the Comptroller General shall consult with
the Administrator and appropriate stakeholders involved in
overseeing, operating, and administering the Enhanced
Initiative.
(D) Report.--Not later than 1 year after the date on which
the Comptroller General initiates the study under
subparagraph (A), the Comptroller General shall submit to the
appropriate committees of Congress and the Administrator a
report describing the results of the study, together with any
appropriate recommendations for legislative or administrative
action.
______
SA 6672. Mr. HOEVEN submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPORT ON JOB CORPS TRANSITION HUB TO SUPPORT
SENTINEL PROGRAM.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Labor, in consultation with the
Secretary of the Air Force, shall submit to Congress a report
on designating a Job Corps Transition Hub to support the
workforce needs of the Sentinel program of the Department of
the Air Force.
______
SA 6673. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 4784, to authorize appropriations
for fiscal year 2027 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. STATEMENT OF POLICY ON EXTENSION OF SUNSET OF IRAN
SANCTIONS ACT OF 1996.
(a) Findings.--Congress makes the following findings:
(1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note) requires the imposition of sanctions with
respect to Iran's illicit weapons programs, conventional
weapons and ballistic missile development, and support for
terrorism, including Iran's Revolutionary Guards Corps.
(2) The Government of Iran has acquired destabilizing
conventional weapons systems from the Russian Federation and
other malign actors, and is funneling weapons and financial
support to its terrorist proxies throughout the Middle East,
threatening allies and partners of the United States, such as
Israel.
(b) Statement of Policy.--It is the policy of the United
States to extend the sunset provision in the Iran Sanctions
Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) to
December 31, 2028.
______
SA 6674. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 4784, to authorize appropriations
for fiscal year 2027 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950.
Section 717(a) of the Defense Production Act of 1950 (50
U.S.C. 4564(a)) is amended by striking ``September 30, 2026''
and inserting ``December 31, 2026''.
______
SA 6675. Mr. SCOTT of South Carolina (for himself and Mr. Hagerty)
submitted an amendment intended to be proposed by him to the bill S.
4784, to authorize appropriations for fiscal year 2027 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--INFORMATION AND COMMUNICATIONS TECHNOLOGY AND SERVICES
SUPPLY CHAINS
SEC. 1701. ASSISTANT SECRETARY OF COMMERCE FOR INFORMATION
AND COMMUNICATIONS TECHNOLOGY SUPPLY CHAINS.
Part III of the Export Control Reform Act of 2018 (50
U.S.C. 4851 et seq.) is amended--
(1) in the part heading, by striking ``administrative
authorities'' and inserting ``organization of bureau of
industry and security''; and
(2) by adding at the end the following:
``SEC. 1783. ASSISTANT SECRETARY OF COMMERCE FOR INFORMATION
AND COMMUNICATIONS TECHNOLOGY SUPPLY CHAINS.
``(a) In General.--The President shall appoint, by and with
the advice and consent of the Senate, and in addition to the
Assistant Secretaries of Commerce appointed under section
1782, an Assistant Secretary of Commerce for Information and
Communications Technology Supply Chains (in this section
referred to as the `Assistant Secretary'), who shall report
to the Under Secretary of Commerce for Industry and Security.
``(b) Responsibilities.--The Assistant Secretary shall be
responsible for overseeing the Office of Information and
Communications Technology and Services established by section
1784.''.
SEC. 1702. OFFICE OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY AND SERVICES.
Part III of the Export Control Reform Act of 2018, as
amended by section 1701, is further amended by adding at the
end the following:
``SEC. 1784. OFFICE OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY AND SERVICES.
``(a) Establishment.--The Secretary shall establish an
Office of Information and Communications Technology and
Services (in this section referred to as the `Office') within
the Bureau of Industry and Security.
``(b) Organizational Structure.--The head of the Office
shall report directly to the Assistant Secretary of Commerce
for Information and Communications Technology Supply Chains.
``(c) Duties.--The Office shall--
``(1) administer part IV; and
``(2) carry out such other duties as the Secretary or the
Assistant Secretary of Commerce for Information and
Communications Technology Supply Chains may assign.
``(d) Availability of Information to Congress.--
[[Page S3949]]
``(1) In general.--Any information obtained at any time by
the Office in carrying out the duties of the Office under
subsection (c), including in administering part IV, shall be
made available to a committee or subcommittee of Congress of
appropriate jurisdiction, upon the request of the chairman or
ranking minority member of the committee or subcommittee.
``(2) Prohibition on further disclosure.--No committee or
subcommittee referred to in paragraph (1), or any member
thereof, may disclose any information made available under
paragraph (1) that is submitted on a confidential basis
unless the full committee determines that the withholding of
that information is contrary to the national interest.''.
SEC. 1703. SECURITY OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY AND SERVICES SUPPLY CHAINS.
(a) In General.--The Export Control Reform Act of 2018, as
amended by sections 1701 and 1702, is further amended by
adding at the end the following:
``PART IV--SECURITY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND
SERVICES SUPPLY CHAINS
``SEC. 1785. DEFINITIONS.
``In this part:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Banking, Housing, and Urban Affairs and the Committee on the
Judiciary of the Senate and the Committee on Foreign Affairs
and the Committee on the Judiciary of the House of
Representatives.
``(2) Country of concern.--The term `country of concern'
means--
``(A) the People's Republic of China, including the Hong
Kong and Macau Special Administrative Regions;
``(B) the Republic of Cuba;
``(C) the Islamic Republic of Iran;
``(D) the Democratic People's Republic of Korea; and
``(E) the Russian Federation.
``(3) Covered icts transaction.--
``(A) In general.--The term `covered ICTS transaction'
means any transaction described in subparagraph (B) or a
class of such transactions.
``(B) Transactions described.--A transaction described in
this subparagraph is any acquisition, transfer, installation,
dealing in, or use of any information and communications
technology or service by any person, or with respect to any
property, subject to the jurisdiction of the United States,
if the Secretary, in consultation with the heads of the
relevant Federal agencies, has determined that the
transaction--
``(i) involves information and communications technology or
services designed, developed, manufactured, or supplied by
persons owned by, controlled by, or subject to the
jurisdiction or direction of a country of concern; and
``(ii)(I) poses an undue risk of sabotage to or subversion
of the design, integrity, manufacturing, production,
distribution, installation, operation, or maintenance of
information and communications technology or services in the
United States;
``(II) poses an undue risk of catastrophic effects on the
security or resiliency of United States critical
infrastructure or the digital economy of the United States;
or
``(III) otherwise poses an unacceptable risk to the
national security of the United States or the security and
safety of United States persons.
``(4) Information and communications technology or
services; icts.--The terms `information and communications
technology or services' and `ICTS' mean any hardware,
software, connected software applications, or other product
or service primarily intended to fulfill or enable the
function of information or data processing, storage,
retrieval, or communication by electronic means, including
through transmission, storage, or display.
``(5) Open-source software.--The term `open -source
software' means software for which the human-readable source
code is available in its entirety for use, study, reuse,
modification, enhancement, and redistribution by the users of
the software.
``SEC. 1785A. AUTHORIZATION TO PRESCRIBE REGULATIONS WITH
RESPECT TO COVERED ICTS TRANSACTIONS AND
PERSONS AND JURISDICTIONS OF CONCERN.
``The Secretary may--
``(1) prescribe regulations that--
``(A) identify particular covered ICTS transactions or
persons or jurisdictions of concern that pose a risk
described in section 1785(3)(B)(ii)--
``(B) impose mitigation measures and prohibitions to
address the risk posed by such transactions, persons, or
jurisdictions;
``(C) establish criteria by which particular covered ICTS
transactions or particular classes of participants in the
covered ICTS transaction supply chain may be recognized as
categorically included in or as categorically excluded from
mitigation measures or prohibitions imposed under
subparagraph (B);
``(D) establish particular classes of covered ICTS
transactions or parties to such transactions that are
required to abide by such mitigation measures and
prohibitions; and
``(E) establish procedures to authorize or license
transactions otherwise prohibited pursuant to a regulation
prescribed under this section; and
``(2) prescribe such other regulations as the Secretary
determines to be necessary or appropriate to address the
undue or unacceptable risks described in section
1785(3)(B)(ii).
``SEC. 1785B. ADMINISTRATION.
``(a) In General.--The head of the Office of Information
and Communications Technology and Services established under
section 1784 (in this section referred to as the `head of the
Office') shall administer this part.
``(b) Mitigation and Approval of Covered ICTS
Transactions.--The head of the Office, in consultation with
the heads of the relevant Federal agencies, may--
``(1) design, negotiate, and impose mitigation measures
with respect to a covered ICTS transaction; and
``(2) approve the transaction if those measures are
implemented.
``(c) Regulations.--The Secretary, acting through the head
of the Office, may prescribe regulations to carry out this
part.
``SEC. 1785C. JUDICIAL REVIEW.
``(a) In Camera and Ex Parte Review.--
``(1) In general.--The following information may be
included in the administrative record and shall be submitted
only to the court ex parte and in camera:
``(A) Sensitive security information, as defined in section
1520.5 of title 49, Code of Federal Regulations.
``(B) Records or information compiled for law enforcement
purposes, as described in section 552(b)(7) of title 5,
United States Code.
``(C) Classified information, as defined in section 1(a) of
the Classified Information Procedures Act (18 U.S.C. App.).
``(2) Treatment of information filed in camera and ex
parte.--Any information that is part of the administrative
record filed ex parte and in camera under paragraph (1), or
cited by the court in any decision, shall be treated by the
court consistent with the provisions of this section. In no
event shall such information be released to the claimant or
petitioner or as part of the public record, or shall the
petitioner be permitted to review information submitted to
the court ex parte and in camera.
``(b) Exclusive Remedy.--A determination by the court under
this section shall be the exclusive judicial remedy for any
claim or petition for review challenging this part or any
final action or determination under this part against the
United States, any agency, or any component or official of
any such agency.
``(c) Rule of Construction.--Nothing in this section may be
construed as limiting, superseding, or preventing the
invocation of any privileges or defenses that are otherwise
available at law or in equity to protect against the
disclosure of information.
``(d) Statute of Limitations.--A challenge to any final
action or determination under this part may only be brought
not later than one year after the date of such an action or
determination.
``SEC. 1785D. PENALTIES.
``(a) Unlawful Acts.--It shall be unlawful for a person to
violate, attempt to violate, conspire to violate, or cause a
violation of any regulation, order, direction, prohibition,
or other authorization or directive issued under this part.
``(b) Criminal Penalties.--A person who willfully commits,
willfully attempts to commit, or willfully conspires to
commit, or aids and abets in the commission of an unlawful
act described in subsection (a)--
``(1) shall be fined not more than $1,000,000; and
``(2) in the case of the individual, shall be imprisoned
for not more than 20 years, or both.
``(c) Civil Penalties.--
``(1) In general.--The Secretary may impose the following
civil penalties on a person for each violation by that person
of this part or any regulation, order, or license issued
under this part:
``(A) A fine that is the greater of $1,500,000 or an amount
that is 5 times the value of the transaction that is the
basis of the violation with respect to which the penalty is
imposed.
``(B) Revocation of any mitigation measure or authorization
issued under this part to the person.
``(C) A prohibition or other restriction on the ability of
the person to engage in any covered ICTS transaction.
``(2) Inflation.--The fine under paragraph (1)(A) is
subject to adjustment pursuant to the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Public Law 101-410; 28
U.S.C. 2461 note).
``(3) Standards for levels of civil penalty.--The Secretary
may by regulation provide standards for establishing levels
of civil penalty under paragraph (1) based upon factors that
include--
``(A) the seriousness of the violation to the national
security of the United States;
``(B) the intent or actions of the violator, including any
pattern of reckless behavior; and
``(C) any mitigating factors, such as a record of
cooperation of the violator with the Federal Government in
disclosing the violation.
``SEC. 1785E. RELATIONSHIP TO OTHER LAWS.
``(a) Rule of Construction Relating to Other Law.--Nothing
in this part shall be construed to alter or affect any other
authority, process, regulation, investigation, enforcement
measure, or review provided by or established under any other
provision of Federal law.
[[Page S3950]]
``(b) Administrative Procedure Exceptions.--Except with
respect to a civil penalty imposed pursuant to section
1785D(c), any function exercised under this part is not
subject to sections 551, 553 through 559, and 701 through 706
of title 5, United States Code.
``(c) Paperwork Reduction Act Exception.--The requirements
of chapter 35 of title 44, United States Code (commonly
referred to as the `Paperwork Reduction Act'), shall not
apply to any action to implement this part.
``(d) Defense Production Act of 1950.--
``(1) Rule of construction.--Nothing in this part shall
prevent or preclude the President or the Committee on Foreign
Investment in the United States from exercising any authority
under section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565) that would be available in the absence of this
part.
``(2) Coordination of reviews.--The Secretary shall
terminate the review of a covered ICTS transaction under this
part if--
``(A) the transaction involves the acquisition of ICTS
items by a United States person as a party to a transaction
authorized under the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.); or
``(B) the Committee on Foreign Investment in the United
States is conducting a review or investigation of the
transaction under section 721 of the Defense Production Act
of 1950 (50 U.S.C. 4565).
``(e) Executive Orders 13873 and 14034.--
``(1) Rule of construction.--Nothing in this part may be
construed as altering any of the authority of the Secretary
under Executive Order 13873 (50 U.S.C. 1701 note; relating to
securing the information and communications technology and
services supply chain) or Executive Order 14034 (50 U.S.C.
1701 note; relating to protecting Americans' sensitive data
from foreign adversaries).
``(2) Continuation in effect.--Any regulation the Secretary
prescribed under Executive Order 13873 (50 U.S.C. 1701 note;
relating to securing the information and communications
technology and services supply chain) or Executive Order
14034 (50 U.S.C. 1701 note; relating to protecting Americans'
sensitive data from foreign adversaries) before the date of
the enactment of this part shall continue in effect on and
after such date of enactment.
``SEC. 1785F. AUTHORIZATION OF OTHER ACTIONS.
``In carrying out the requirements of this part, the
Secretary may take any other actions that the Secretary
determines to be necessary or appropriate, including
prescribing new regulations, amending regulations, publishing
any notices in the Federal Register (including with respect
to mitigation measures and prohibitions imposed under section
1785A), issuing guidance, establishing procedures, revoking
or amending authorizations, and terminating or amending any
determination.
``SEC. 1785G. ANNUAL REPORTS.
``Not later than 180 days after the date of the enactment
of this part, and annually thereafter, the head of the Office
of Information and Communications Technology and Services
shall submit to the appropriate congressional committees a
report on actions taken to carry out this part during the
one-year period preceding submission of the report.
``SEC. 1785H. TERMINATION.
``The requirements of and authorities provided by this part
terminate on the date that is 5 years after the date of the
enactment of this part.''.
(b) Conforming Amendment.--Section 1742(13)(A) of the
Export Control Reform Act of 2018 (50 U.S.C. 4801(13)(A)) is
amended, in the matter preceding clause (i), by striking
``part I'' and inserting ``parts I and IV''.
______
SA 6676. Mr. HAGERTY (for himself and Mr. Kaine) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES.
Section 70022 of title 46, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (i)--
(i) in the matter preceding subclause (I), by striking
``subsection (b)(1)'' and inserting ``subsection (b)(1)(A)'';
and
(ii) in subclause (II), by striking ``; or'' and inserting
a semicolon;
(B) in clause (ii)--
(i) by striking ``subsection (b)(2)'' and inserting
``subsection (b)(1)(B)''; and
(ii) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(iii) a vessel described in subsection (b)(1) in the case
of--
``(I) an emergency being experienced by the vessel or an
individual on the vessel; or
``(II) such a vessel described in subparagraph (C) of such
subsection that is authorized by the United States person
described in clause (ii) of such subparagraph to operate or
enter the port, harbor, or marine terminal described in such
subsection.''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or'';
(C) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins of such subparagraphs accordingly;
(D) by striking ``A vessel referred'' and inserting the
following:
``(1) In general.--A vessel referred''; and
(E) by adding at the end the following:
``(C) subject to paragraph (2), is a vessel that, after
fiscal year 2025, has entered or operated in a port, harbor,
or marine terminal that--
``(i) is within the geographic area of 2034'31'' N,
2034'13'' N, 8707'47'' W, 8707'20'' W;
``(ii) the President determines was owned, held, or
controlled, directly or indirectly, by a United States person
at the time that--
``(I) such port, harbor, or marine terminal is nationalized
or expropriated by an agency or official of a government of a
foreign trade partner of the United States; or
``(II) actions were taken that have the effect of
nationalization or expropriation of such port, harbor, or
marine terminal by such an agency or official; and
``(iii) is not the subject of a currently pending
arbitration under a free trade agreement with the United
States.
``(2) Applicability.--Paragraph (1)(C) shall cease to apply
with respect to a port, harbor, or marine terminal described
in such paragraph if--
``(A) the President determines that--
``(i) the ownership, possession, or control of the port,
harbor, or marine terminal described in such paragraph has
been restored to the United States person described in clause
(ii) of such paragraph; and
``(ii) the government of the foreign trade partner
described in such clause has terminated any measures that had
the effect of nationalizing or expropriating the port,
harbor, or marine terminal;
``(B) the President determines that such government has
provided adequate and effective compensation for such port,
harbor, or marine terminal that is--
``(i) in convertible foreign exchange or in other
compensation mutually acceptable by such United States person
and such government; and
``(ii) equivalent to the full value of such port, harbor,
or marine terminal, as required by international law; or
``(C) the President determines that the matter has
otherwise been resolved to the satisfaction of the President.
``(3) Definition of united states person.--In this
subsection, the term `United States person' means--
``(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
``(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity.''.
______
SA 6677. Mr. SULLIVAN (for himself and Ms. Rosen) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) In General.--Section 12001(d) of the Department of
Defense Appropriations Act, 2005 (Public Law 108-287; 118
Stat. 1011) is amended by striking ``after January 1, 2027''
and inserting ``after January 1, 2028''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the
Committee on Foreign Relations and the Committee on Armed
Services of the Senate and the Committee on Foreign Affairs
and the Committee on Armed Services of the House of
Representatives a report identifying all transfers made
pursuant to section 12001(a)(1) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
prior to the date of the enactment of this Act, including the
date of each transfer, a description of the defense articles
transferred, and the payment amount or concessions received
in exchange for each transfer.
______
SA 6678. Mr. HICKENLOOPER (for himself and Ms. Lummis) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of division A, add the following:
[[Page S3951]]
TITLE XVII--ORBITAL SUSTAINABILITY ACT OF 2026
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Orbital Sustainability Act
of 2026'' or the ``ORBITS Act of 2026''.
SEC. 1702. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The safety and sustainability of operations in low-
Earth orbit and nearby orbits in outer space have become
increasingly endangered by a growing amount of orbital
debris.
(2) Exploration and scientific research missions and
commercial space services of critical importance to the
United States rely on continued and secure access to outer
space.
(3) Efforts by nongovernmental space entities to apply
lessons learned through standards and best practices will
benefit from government support for implementation both
domestically and internationally.
(b) Sense of Congress.--It is the sense of Congress that to
preserve the sustainability of operations in space, the
United States Government should--
(1) to the extent practicable, develop and carry out
programs, establish or update regulations, and commence
initiatives to minimize orbital debris, including initiatives
to demonstrate active debris remediation of orbital debris
generated by the United States Government or other entities
under the jurisdiction of the United States;
(2) lead international efforts to encourage other
spacefaring countries to mitigate and remediate orbital
debris under their jurisdiction and control; and
(3) encourage space system operators to continue
implementing best practices for space safety when deploying
satellites and constellations of satellites, such as
transparent data sharing and designing for system
reliability, so as to limit the generation of future orbital
debris.
SEC. 1703. DEFINITIONS.
In this title:
(1) Active debris remediation.--The term ``active debris
remediation''--
(A) means the deliberate process of facilitating the de-
orbit, repurposing, or other disposal of orbital debris,
which may include moving orbital debris to a safe position,
using an object or technique that is external or internal to
the orbital debris; and
(B) does not include de-orbit, repurposing, or other
disposal of orbital debris by passive means.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate; and
(B) the Committee on Appropriations, the Committee on
Science, Space, and Technology, the Committee on Foreign
Affairs, and the Committee on Armed Services of the House of
Representatives.
(4) Demonstration project.--The term ``demonstration
project'' means the active orbital debris remediation
demonstration project carried out under section 1704(b).
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a United States-based--
(i) non-Federal, commercial entity;
(ii) institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
(iii) nonprofit organization;
(B) any other United States-based entity the Administrator
considers appropriate; and
(C) a partnership of entities described in subparagraphs
(A) and (B).
(6) Orbital debris.--The term ``orbital debris'' means any
human-made space object orbiting Earth that--
(A) no longer serves an intended purpose; and
(B)(i) has reached the end of its mission; or
(ii) is incapable of safe maneuver or operation.
(7) Project.--The term ``project'' means a specific
investment with defined requirements, a life-cycle cost, a
period of duration with a beginning and an end, and a
management structure that may interface with other projects,
agencies, and international partners to yield new or revised
technologies addressing strategic goals.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) Space traffic coordination.--The term ``space traffic
coordination'' means the planning, coordination, and on-orbit
synchronization of activities to enhance the safety and
sustainability of operations in the space environment.
SEC. 1704. ACTIVE DEBRIS REMEDIATION.
(a) Prioritization of Orbital Debris.--
(1) List.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in consultation with
the Administrator, the Secretary of Defense, the Secretary of
State, the National Space Council, and representatives of the
commercial space industry, academia, and nonprofit
organizations, shall publish a list of select identified
orbital debris that may be remediated to improve the safety
and sustainability of orbiting satellites and on-orbit
activities.
(2) Contents.--The list required under paragraph (1)--
(A) shall be developed using appropriate sources of data
and information derived from governmental and nongovernmental
sources, including space situational awareness data obtained
by the Office of Space Commerce, to the extent practicable;
(B) shall include, to the extent practicable--
(i) a description of the approximate age, location in
orbit, size, mass, tumbling state, post-mission passivation
actions taken, and national jurisdiction of each orbital
debris identified; and
(ii) data required to inform decisions regarding potential
risk and feasibility of safe remediation;
(C) may include orbital debris that poses a significant
risk to terrestrial people and assets, including risk
resulting from potential environmental impacts from the
uncontrolled reentry of the orbital debris identified; and
(D) may include collections of small debris that, as of the
date of the enactment of this Act, are untracked.
(3) Public availability; periodic updates.--
(A) In general.--Subject to subparagraph (B), the list
required under paragraph (1) shall be published in
unclassified form on a publicly accessible internet website
of the Department of Commerce.
(B) Exclusion.--The Secretary may not include on the list
published under subparagraph (A) data acquired from nonpublic
sources.
(C) Periodic updates.--Such list shall be updated
periodically.
(4) Acquisition, access, use, and handling of data or
information.--In carrying out the activities under this
subsection, the Secretary--
(A) shall acquire, access, use, and handle data or
information in a manner consistent with applicable provisions
of law and policy, including laws and policies providing for
the protection of privacy and civil liberties, and subject to
any restrictions required by the source of the information;
(B) shall have access, upon written request, to all
information, data, or reports of any executive agency that
the Secretary determines necessary to carry out the
activities under this subsection, provided that such access
is--
(i) conducted in a manner consistent with applicable
provisions of law and policy of the originating agency,
including laws and policies providing for the protection of
privacy and civil liberties; and
(ii) consistent with due regard for the protection from
unauthorized disclosure of classified information relating to
sensitive intelligence sources and methods or other
exceptionally sensitive matters; and
(C) may obtain commercially available information that may
not be publicly available.
(b) Active Orbital Debris Remediation Demonstration
Project.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, subject to the availability of
appropriations, the Administrator, in consultation with the
head of each relevant Federal department or agency, shall
establish a demonstration project to make competitive awards
for the research, development, and demonstration of
technologies leading to the remediation of selected orbital
debris identified under subsection (a)(1).
(2) Purpose.--The purpose of the demonstration project
shall be to enable eligible entities to pursue the phased
development and demonstration of technologies and processes
required for active debris remediation.
(3) Procedures and criteria.--In establishing the
demonstration project, the Administrator shall--
(A) establish--
(i) eligibility criteria for participation;
(ii) a process for soliciting proposals from eligible
entities;
(iii) criteria for the contents of such proposals;
(iv) project compliance and evaluation metrics; and
(v) project phases and milestones;
(B) identify government-furnished data or equipment;
(C) develop a plan for National Aeronautics and Space
Administration participation, as appropriate, in technology
development and intellectual property rights that--
(i) leverages National Aeronautics and Space Administration
Centers that have demonstrated expertise and historical
knowledge in measuring, modeling, characterizing, and
describing the current and future orbital debris environment;
and
(ii) develops the technical consensus for adopting
mitigation measures for such participation; and
(D)(i) assign a project manager to oversee the
demonstration project and carry out project activities under
this subsection; and
(ii) in assigning such project manager, leverage National
Aeronautics and Space Administration Centers and the
personnel of National Aeronautics and Space Administration
Centers, as practicable.
(4) Research and development phase.--With respect to
orbital debris identified under paragraph (1) of subsection
(a), the Administrator shall, to the extent practicable and
subject to the availability of appropriations, carry out the
additional research and development activities necessary to
mature technologies, in partnership with eligible entities,
with the intent to close commercial capability gaps and
enable potential future remediation missions for such orbital
debris,
[[Page S3952]]
with a preference for technologies that are capable of
remediating orbital debris that have a broad range of
characteristics described in paragraph (2)(B)(i) of that
subsection.
(5) Demonstration mission phase.--
(A) In general.--The Administrator shall evaluate proposals
for a demonstration mission, and select and enter into a
partnership with an eligible entity, subject to the
availability of appropriations, with the intent to
demonstrate technologies determined by the Administrator to
meet a level of technology readiness sufficient to carry out
on-orbit remediation of select orbital debris.
(B) Evaluation.--In evaluating proposals for the
demonstration project, the Administrator shall--
(i) consider the safety, feasibility, cost, benefit, and
maturity of the proposed technology;
(ii) consider the potential for the proposed demonstration
to successfully remediate orbital debris and to advance the
commercial state of the art with respect to active debris
remediation;
(iii) carry out a risk analysis of the proposed technology
that takes into consideration the potential casualty risk to
humans in space or on the Earth's surface;
(iv) in an appropriate setting, conduct thorough testing
and evaluation of the proposed technology and each component
of such technology or system of technologies; and
(v) consider the technical and financial feasibility of
using the proposed technology to conduct multiple remediation
missions.
(C) Consultation.--The Administrator shall consult with the
head of each relevant Federal department or agency before
carrying out any demonstration mission under this paragraph.
(D) Active debris remediation demonstration mission.--It is
the sense of Congress that the Administrator should consider
maximizing competition for, and use best practices to engage
commercial entities in, an active debris remediation
demonstration mission.
(6) Briefing and reports.--
(A) Initial briefing.--Not later than 30 days after the
establishment of the demonstration project under paragraph
(1), the Administrator shall provide to the appropriate
committees of Congress a briefing on the details of the
demonstration project.
(B) Annual report.--Not later than 1 year after the initial
briefing under subparagraph (A), and annually thereafter
until the conclusion of the 1 or more demonstration missions,
the Administrator shall submit to the appropriate committees
of Congress a status report on--
(i) the technology developed under the demonstration
project;
(ii) progress toward the accomplishment of the 1 or more
demonstration missions; and
(iii) any duplicative efforts carried out or supported by
the National Aeronautics and Space Administration or the
Department of Defense.
(C) Recommendations.--Not later than 1 year after the date
on which the first demonstration mission is carried out under
this subsection, the Administrator, in consultation with the
head of each relevant Federal department or agency, shall
submit to Congress a report that provides legislative,
regulatory, and policy recommendations to improve active
debris remediation missions, as applicable.
(D) Technical analysis.--
(i) In general.--To inform decisions regarding the
acquisition of active debris remediation services by the
Federal Government, not later than 1 year after the date on
which an award is made under paragraph (1), the Administrator
shall submit to Congress a report that--
(I) summarizes the cost-effectiveness, and provides a
technical analysis of, technologies developed under the
demonstration project;
(II) identifies any technology gaps addressed by the
demonstration project and any remaining technology gaps; and
(III) provides, as applicable, any further legislative,
regulatory, and policy recommendations to enable active
debris remediation missions.
(ii) Availability.--The Administration shall make the
report submitted under clause (i) available to the Secretary,
the Secretary of Defense, and other relevant Federal
departments and agencies, as determined by the Administrator.
(7) Sense of congress on international cooperation.--It is
the sense of Congress that, in carrying out the demonstration
project, it is critical that the Administrator, in
coordination with the Secretary of State and in consultation
with the National Space Council, cooperate with one or more
partner countries to enable the remediation of orbital debris
that is under their respective jurisdictions.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $150,000,000 for the period of fiscal years 2026
through 2030.
(d) Rule of Construction.--Nothing in this section may be
construed to grant the Administrator the authority to issue
any regulation relating to activities under subsection (b) or
related space activities under title 51, United States Code.
SEC. 1705. ACTIVE DEBRIS REMEDIATION SERVICES.
(a) In General.--To foster the competitive development,
operation, improvement, and commercial availability of active
debris remediation services, and in consideration of the
economic analysis required by subsection (b) and the briefing
and reports under section 1704(b)(6), the Administrator and
the head of each relevant Federal department or agency may
acquire services for the remediation of orbital debris,
whenever practicable, through fair and open competition for
contracts that are well-defined, milestone-based, and in
accordance with the Federal Acquisition Regulation.
(b) Economic Analysis.--Based on the results of the
demonstration project, the Secretary, acting through the
Office of Space Commerce, shall publish an assessment of the
estimated Federal Government and private sector demand for
orbital debris remediation services for the 10-year period
beginning in 2026.
SEC. 1706. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR
UNITED STATES SPACE ACTIVITIES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the National Space Council, in
coordination with the Secretary, the Administrator of the
Federal Aviation Administration, the Secretary of Defense,
the Secretary of State, the Federal Communications
Commission, and the Administrator, shall initiate an update
to the Orbital Debris Mitigation Standard Practices that--
(1) considers planned space systems, including satellite
constellations; and
(2) addresses--
(A) collision risk;
(B) explosion risk;
(C) casualty probability;
(D) post-mission disposal of space systems;
(E) time to disposal or de-orbit;
(F) spacecraft collision avoidance and automated
identification capability; and
(G) the ability to track orbital debris of decreasing size.
(b) Consultation.--In developing the update under
subsection (a), the National Space Council, or a designee of
the National Space Council, shall seek advice and input on
commercial standards and best practices from representatives
of the commercial space industry, academia, and nonprofit
organizations, including through workshops and, as
appropriate, advance public notice and comment processes
under chapter 5 of title 5, United States Code.
(c) Publication.--Not later than 1 year after the date of
the enactment of this Act, such update shall be published in
the Federal Register and posted to the relevant Federal
Government internet websites.
(d) Regulations.--To promote uniformity and avoid
duplication in the regulation of space activity, including
licensing by the Federal Aviation Administration, the
National Oceanic and Atmospheric Administration, and the
Federal Communications Commission, such update, after
publication, shall be used to inform the further development
and promulgation of Federal regulations relating to orbital
debris.
(e) International Promotion.--To encourage effective and
nondiscriminatory standards, best practices, rules, and
regulations implemented by other countries, such update shall
inform bilateral and multilateral discussions focused on the
authorization and continuing supervision of nongovernmental
space activities.
(f) Periodic Review.--Not less frequently than every 5
years, the Orbital Debris Mitigation Standard Practices
referred to in subsection (a) shall be assessed and, if
necessary, updated, used, and promulgated in a manner
consistent with this section.
SEC. 1707. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION.
(a) In General.--The Secretary, in coordination with the
Secretary of Defense and members of the National Space
Council and the Federal Communications Commission, shall
facilitate the development of standard practices for on-orbit
space traffic coordination based on existing guidelines and
best practices used by Government and commercial space
industry operators.
(b) Consultation.--In facilitating the development of
standard practices under subsection (a), the Secretary,
through the Office of Space Commerce, in consultation with
the National Institute of Standards and Technology, shall
engage in frequent and routine consultation with
representatives of the commercial space industry, academia,
and nonprofit organizations.
(c) Promotion of Standard Practices.--On completion of such
standard practices, the Secretary, the Secretary of State,
the Secretary of Transportation, the Administrator, and the
Secretary of Defense shall promote the adoption and use of
the standard practices for domestic and international space
missions.
______
SA 6679. Mr. HICKENLOOPER (for himself and Mr. Bennet) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510A. REPORT ON TRANSITION OF UNITED STATES SPACE
COMMAND TO REDSTONE ARSENAL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act,
[[Page S3953]]
the Secretary of Defense shall submit to the congressional
defense committees a report on the transition of the United
States Space Command to Redstone Arsenal.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) Civilian attrition and relocation-acceptance rates, by
directorate.
(2) Billet fill rates at both Peterson Space Force Base and
Redstone Arsenal.
(3) Retention and relocation incentive costs.
(4) Military construction cost growth against the original
estimate.
(5) Any change in mission performance metrics.
______
SA 6680. Mr. HICKENLOOPER (for himself, Mr. Cruz, and Mr. Lujan)
submitted an amendment intended to be proposed by him to the bill S.
4784, to authorize appropriations for fiscal year 2027 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510A. REPORT ON SAFE ORBITAL TRAJECTORY OPTIONS FROM
INLAND AND NONTRADITIONAL LAUNCH SITES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act of this Act, the Secretary of
Defense, in consultation with the Administrator of the
Federal Aviation Administration and the Administrator of
National Aeronautics and Space Administration, shall submit
to the congressional defense committees, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Science, Space, and Technology of the House of
Representatives a report on safe orbital launch trajectory
options from inland and nontraditional launch sites.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the flight safety requirements
necessary to permit overland launch trajectories for both
expendable and partially or fully reusable launch systems to
the various inclinations and orbital regimes, including Low-
Earth Orbit (LEO), Medium-Earth Orbit (MEO), Geostationary
Orbit (GEO), and Highly Elliptical Orbit (HEO).
(2) Public safety and debris-risk modeling for prospective
full-cycle launch and reentry operations, including economic
and environmental impacts.
(3) An evaluation of the types of full-cycle launch and
reentry vehicles suitable for inland and nontraditional
sites, explicitly addressing the infrastructure required to
support vertical launch capabilities and distinguishing among
expendable, partially reusable, and fully reusable launch
systems.
(4) A cost estimate for the infrastructure and operational
needs associated with activating and using individual inland
and nontraditional launch sites, considering both existing
commercial spaceport infrastructure and potential new sites.
(5) A cost-benefit analysis weighing the national security
resilience benefits of expanded launch infrastructure with
the substantial investments required to support heavy-lift
launch vehicles.
(6) An analysis of the manner in which such alternative
launch options will inform future operational and capability
requirements for national security launch providers.
(7) A framework for integrating nontraditional and inland
ranges into the national launch enterprise through Federal
range services, dynamic airspace management, and flexible
deployment capabilities.
(8) The assumptions and conditions on which the report is
based and an assessment of their viability.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
______
SA 6681. Mr. HICKENLOOPER (for himself and Mr. Tillis) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title X, insert the following:
SEC. 1050. REPORT ON CRITICAL DEFENSE MINERAL REQUIREMENTS
AND MUNITIONS SUPPLY CHAIN RESILIENCY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment and the Director of the Defense
Logistics Agency Strategic Materials, shall submit to the
appropriate committees of Congress a report assessing
critical defense mineral requirements, stockpile alignment,
and supply chain vulnerabilities for munitions production.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the critical minerals and critical
materials required--
(A) to replenish munitions expended in operations of the
United States Central Command since February 2026 to pre-
conflict inventory levels;
(B) to achieve munitions inventory objectives across a
range of contingency scenarios for the Indo-Pacific region of
varying duration and intensity, reported as a demand range
rather than a single estimate; and
(C) to estimate the duration for which stockpile holdings
and supply arrangements as of the date of the enactment of
this Act can sustain munitions production at required rates
before surge production in the United States or allies of the
United States is required to provide replacement supply.
(2) For each critical mineral identified under paragraph
(1), a comprehensive mapping of sole-source and near-sole-
source chokepoints, and chokepoints controlled by the
People's Republic of China or other adversaries of the United
States, across extraction, processing, refining, fabrication,
and component manufacturing stages, assessed by mineral and
by munition system.
(3) An analysis of the alignment of the composition of the
National Defense Stockpile with the mineral requirements
identified under paragraph (1), including--
(A) critical minerals for which no stockpile holding exists
as of the date of the enactment of this Act;
(B) whether stockpiled minerals are held in forms and
grades usable by the munitions industrial base without
intermediate processing that reintroduces foreign dependency;
and
(C) critical defense mineral requirements associated with
munitions programs of record in development or early
production that are not captured in the assessment under
paragraph (1).
(4) A munition-to-materials crosswalk for munitions and
interceptors, detailing the critical defense minerals,
energetics, materials, and industrial inputs required for
production, including identification of the principal drivers
of replenishment risk.
(5) A prioritized assessment of the 10 most significant
mineral, material, component, industrial, or processing
bottlenecks limiting munitions replenishment and inventory
reconstitution.
(6) Recommendations for addressing the vulnerabilities
identified under paragraphs (1) through (5), including--
(A) stockpile acquisition priorities and any additional
legislative authorities or appropriations required to close
identified gaps;
(B) agreements with countries that are allies or partners
of the United States necessary to establish assured supply
arrangements for minerals and materials subject to adversary-
controlled chokepoints; and
(C) a plan for establishing a standing analytic capability
within the Department of Defense--
(i) to translate operational munitions expenditure into
critical defense mineral demand requirements; and
(ii) to integrate critical mineral supply chain assessments
into munitions acquisition milestone decisions, inventory
management, and force-planning decisions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
______
SA 6682. Mr. GALLEGO submitted an amendment intended to be proposed
by him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2873. REPORT ON MILITARY INSTALLATIONS AND OTHER
LOCATIONS IMPACTED BY CONFLICT WITH ISLAMIC
REPUBLIC OF IRAN.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
military installations, forward operating bases, and
cooperative security locations damaged or impacted during the
conflict with the Islamic Republic of Iran.
(b) Elements.--The report submitted under subsection (a)
shall include--
(1) for each location included in the report, a
comprehensive cost estimate of the necessary repairs for such
location; and
(2) a list of the critical munitions (by type), including
the number of such munitions, expended during the conflict
with the Islamic Republic of Iran.
______
SA 6683. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction,
[[Page S3954]]
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Chip Security Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the ``Chip Security Act''.
SEC. 1095. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) technology developed in the United States should serve
as the foundation for the global ecosystem of artificial
intelligence to advance the foreign policy and national
security objectives of the United States and allies and
partners of the United States;
(2) the United States can foster goodwill, strengthen
relationships, and support innovative research around the
world by providing allies and partners of the United States
with advanced computing capabilities;
(3) advanced integrated circuits and computing hardware
that are exported from the United States must be protected
from diversion, theft, and other unauthorized use or
exploitation in order to bolster the competitiveness of the
United States and protect the national security of the United
States;
(4) illegal diversion of advanced integrated circuits and
computing hardware, particularly illegal diversion to the
People's Republic of China and the Russian Federation, is a
significant and growing issue that undermines the United
States' export controls and threatens the United States'
national security;
(5) implementing chip security mechanisms will improve
enforcement of export control laws of the United States,
assist allies and partners with guarding computing hardware,
and enhance protections from bad actors looking to access,
divert, or tamper with advanced integrated circuits and
computing hardware; and
(6) implementing chip security mechanisms may help with the
detection of smuggling or exploitation of advanced integrated
circuits and computing hardware, thereby allowing for
increased flexibility in export controls and opening the door
for more international partners to receive streamlined and
larger shipments of advanced computing hardware.
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Chip security mechanism.--The term ``chip security
mechanism'' means, with respect to a covered integrated
circuit product, a software-, firmware-, or hardware-enabled
security mechanism or a physical security mechanism,
including--
(A) periodic on-site audits or inventories at the end-
user's approved destination for the covered integrated
circuit product;
(B) periodic attestations by a U.S.-headquartered entity,
or its subsidiaries, confirming that all covered integrated
circuit products are accounted for, provided the Under
Secretary approves the attestations;
(C) except in the case of a covered integrated circuit
product whose sole or principal function is memory or
storage, ping-based location verification through a trusted
landmark server utilizing secure software- or firmware-
enabled mechanisms; or
(D) various other mechanisms, or combinations of
mechanisms, that the Under Secretary determines can
verifiably demonstrate with significant confidence that the
covered integrated circuit product has not been illegally
diverted to a destination of concern.
(3) Covered integrated circuit product.--
(A) In general.--The term ``covered integrated circuit
product'' means a certain integrated circuit, computer, or
other product classified under Export Control Classification
Number 3A090, 4A090, 5A002.z, related .z Export Control
Classification Numbers, or other functionally equivalent or
substantially similar items.
(B) Modification.--The Under Secretary shall routinely
modify the definition of the term ``covered integrated
circuit product'' under subparagraph (A) for the purposes of
this subtitle to ensure only integrated circuits, computers,
electronic assembly, or components designed or marketed for
datacenter use are subject to the requirements of this
subtitle.
(C) Exclusion.--The term ``covered integrated circuit''
does not include--
(i) covered integrated circuits or products containing a
covered integrated circuit that are not designed or marketed
for use in a data center;
(ii) microprocessor microcircuits, such as central
processing units, that are not graphics processing units or
similar products; or
(iii) network switch integrated circuits whose dominant
function is routing traffic over a computing network.
(4) Destination of concern.--The term ``destination of
concern'' means--
(A) a country subject to a United States arms embargo as
described in section 126.1 of title 22, Code of Federal
Regulations; or
(B) any other country determined by the Under Secretary.
(5) Export, in-country transfer, and reexport.--The terms
``export'', ``in-country transfer'', and ``reexport'' have
the meanings given those terms in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
(6) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Industry and Security.
SEC. 1097. RULES OF CONSTRUCTION.
Nothing in this subtitle may be construed to direct the
Under Secretary--
(1) to require any chip security mechanisms that--
(A) may hinder the capability or functionality of a covered
integrated circuit product, such as a kill switch or
geofencing mechanism; or
(B) meaningfully undermine the cybersecurity of the covered
integrated circuit product;
(2) to mandate the incorporation of a location verification
mechanism on a covered integrated circuit product that
requires physical changes to hardware;
(3) to consider any chip security mechanism requirements of
this subtitle as applicable to a person that fabricates
covered integrated circuit products, unless the person also
designs the respective covered integrated circuit products;
(4) to require chip security mechanisms for exports of
integrated circuits, computers, electronic assemblies, or
components that are not designed or marketed for artificial
intelligence datacenter use;
(5) to limit any other enforcement authority of the Under
Secretary or the head of any other Federal department or
agency under the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.) or any other provision of law; or
(6) to apply any requirements or regulations under this
subtitle to any covered integrated circuit products in the
United States.
SEC. 1098. INITIAL REPORT TO CONGRESS ON CHIP SECURITY
MECHANISMS.
(a) Assessment.--On the date of the enactment of this Act,
the Under Secretary, in consultation with the Secretary of
State, the Secretary of Defense, and the Secretary of Energy
and in robust consultation with the public in a manner
determined appropriate by the Under Secretary and in
consultation with the heads of other relevant Federal
departments and agencies, shall initiate an assessment--
(1) to identify potential chip security mechanisms to
enable reliable verification of whether a covered integrated
circuit product has been illegally diverted or accessed;
(2) to develop incentives for facilitating industry-wide
incorporation of such chip security mechanisms;
(3) to conduct an analysis of the potential costs
associated with implementing such chip security mechanisms;
and
(4) to recommend a set of chip security mechanisms that
would effectively detect diversion and smuggling and is
technically feasible, cost-effective, and ensures the
technology leadership of the United States.
(b) Stakeholder Engagement.--In carrying out the
requirements under subsection (a), the Under Secretary shall
undertake a robust stakeholder engagement process to inform
the development and implementation of chip security
mechanisms, which shall include--
(1) soliciting input from relevant stakeholders,
including--
(A) private sector entities involved in the covered
integrated circuit product supply chain;
(B) experts in software, firmware, hardware security,
cybersecurity, privacy, export compliance, national security,
and advanced artificial intelligence; and
(C) individuals from academic institutions, federally
funded research and development centers, Federal departments
and agencies, and other research organizations with relevant
expertise; and
(2) incorporating stakeholder feedback to ensure that
required chip security mechanisms are operationally
effective, scalable, and aligned with best practices in
security, privacy, and export compliance.
(c) Report to Congress.--
(1) In general.--Not later than 210 days after the date of
the enactment of this Act, the Under Secretary shall submit
to the appropriate congressional committees a report on the
results of the assessment required by subsection (a),
including--
(A) an identification of the chip security mechanisms the
Under Secretary plans to propose pursuant to implementing
section 1099;
(B) an identification of future research and development
directions that could be used to enhance robustness of chip
security mechanisms and incentives to promote such research
and development directions;
(C) a roadmap for the timely implementation of the chip
security mechanisms; and
(D) any recommendations for potential modifications to
relevant export controls to allow for more flexibility with
respect to the countries to or in which covered integrated
circuit products may be exported, reexported, or in-country-
transferred if the products include chip security mechanisms.
(2) Form.--The report required in this subsection shall be
submitted in unclassified form but may include a classified
annex.
SEC. 1099. REQUIREMENTS FOR CHIP SECURITY MECHANISMS FOR
EXPORT, RE-EXPORT, OR IN-COUNTRY TRANSFER OF
COVERED INTEGRATED CIRCUIT PRODUCTS.
(a) Primary Requirements.--
(1) In general.--Not later than one year after the date of
the enactment of this Act,
[[Page S3955]]
the Under Secretary, in consultation with the Secretary of
State, the Secretary of Defense, and the Secretary of Energy,
shall require any covered integrated circuit product that is
exported, reexported, or in-country transferred to or within
a foreign country to be secured by a chip security mechanism
that enables reliable verification of whether the product has
been illegally diverted to destinations of concern, to the
extent consistent with the recommendations transmitted
pursuant to section 1098, using techniques that are feasible
and appropriate on such date of enactment.
(2) Adaptation of requirement for geographical
differences.--In implement the requirements of paragraph (1),
the Under Secretary may select chip security mechanisms that
vary by geographical region and by party, as the Under
Secretary deems appropriate to support national security and
foreign policy.
(3) Proposed regulations.--
(A) In general.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary shall
promulgate proposed regulations implementing the requirements
of paragraph (1).
(B) Requirements.--In promulgating the proposed regulations
under subparagraph (A), the Under Secretary shall--
(i) solicit public feedback on potential guidance to
clarify the categories of persons subject to this
requirement, how information should be securely shared
between entities, and the procedures for submission of such
notifications, in order to ensure clarity regarding
compliance obligations and implementation; and
(ii) issue guidance to clarify how the regulations can be
applied in nations with data localization laws or data
privacy laws, providing flexibility if such laws require
novel or flexible approaches.
(4) Rule promulgation.--Not later than one year after the
date of the enactment of this Act, the Under Secretary, in
robust consultation with the public in a manner determined
appropriate by the Under Secretary and in consultation with
the heads of other relevant Federal departments and agencies,
shall promulgate a rule that includes a reporting requirement
to inform the Bureau of Industry and Security of the
Department of Commerce whenever chip security mechanisms fail
to confirm that any covered integrated circuit product has
not been illegally diverted to a destination of concern,
taking into account reasonable time for persons to verify or
repair the chip security mechanism, identified in the rule,
including instances in which there is evidence that a product
has been subjected to tampering or an attempt at tampering,
including efforts to disable, spoof, falsify, manipulate,
mislead, or circumvent chip security mechanisms.
(5) Stakeholder engagement.--In carrying out this
subsection, the Under Secretary shall undertake a robust
stakeholder engagement process to inform the development and
implementation of chip security mechanisms, which shall
include--
(A) soliciting input from relevant stakeholders,
including--
(i) private sector entities involved in the covered
integrated circuit product supply chain;
(ii) experts in software, firmware, and hardware security,
cybersecurity, privacy, export compliance, national security,
and advanced artificial intelligence; and
(iii) individuals from academic institutions, federally
funded research and development centers, Federal departments
and agencies, and other research organizations with relevant
expertise; and
(B) incorporating stakeholder feedback to ensure that
required chip security mechanisms are operationally
effective, scalable, and aligned with best practices in
security, privacy, and export compliance.
(b) Enhancements to Chip Security Mechanisms.--
(1) Assessment.--
(A) In general.--Not later than two years after the date of
the enactment of this Act, and annually thereafter for three
years, the Under Secretary, in consultation with the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, shall--
(i) conduct an assessment, in robust consultation with the
public in a manner determined appropriate by the Under
Secretary and in consultation with the heads of other
relevant Federal departments and agencies, to identify what
enhancements, if any, should be used to improve the chip
security mechanisms implemented under subsection (a)(1)--
(I) to enhance compliance with the requirements of the
Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.);
(II) to detect the illegal diversion of covered integrated
circuit products;
(III) to identify and monitor smuggling intermediaries;
(IV) to ensure United States technology leadership;
(V) to ensure the orderly and effective implementation of
the chip security mechanism; and
(VI) to address industry feedback about the implementation
of the chip security mechanism;
(ii) if the Under Secretary identifies any such
enhancements, develop incentives for facilitating industry-
wide incorporation of such enhancements for covered
integrated circuit products; and
(iii) where necessary, to expedite the implementation of
such enhancements and identify and support research
activities, such as--
(I) updating and clarifying relevant vulnerability and
threat models;
(II) developing definitions, assets, and other practices to
support traceability and provenance of materials and data
across the product lifecycle;
(III) developing updated databases of existing trust and
assurance data practices; and
(IV) developing practices for implementing chip security
mechanisms and sharing relevant information across the
product life cycle while protecting confidential intellectual
property.
(B) Elements.--The assessment required by subparagraph (A)
shall include--
(i) an examination of the feasibility, reliability, and
effectiveness of--
(I) methods and strategies that prevent the tampering,
disabling, or other manipulating of covered integrated
circuit products; and
(II) any other method the Under Secretary determines
appropriate for the prevention of unauthorized use, access,
or exploitation of covered integrated circuit products;
(ii) an analysis of--
(I) the potential costs associated with implementing each
method examined under clause (i), including an analysis of--
(aa) the potential impact of the method on the performance
of covered integrated circuit products; and
(bb) the potential for the introduction of new
vulnerabilities into the products;
(II) the potential benefits of implementing the methods
examined under clause (i), including an analysis of the
potential increase--
(aa) in compliance of covered integrated circuit products
with the requirements of the Export Control Reform Act of
2018 (50 U.S.C. 4801 et seq.);
(bb) in detecting and deterring illegal diversion of the
covered integrated circuit products; and
(cc) in enhancing persons' global inventory management; and
(III) the susceptibility of the methods examined under
clause (i) to tampering, disabling, or other forms of
manipulation; and
(iii) an estimate of the expected costs to implement at-
scale methods to tamper with, disable, or manipulate a
covered integrated circuit product, or otherwise circumvent
the methods examined under clause (i).
(2) Report to congress.--
(A) In general.--Not later than two years after the date of
the enactment of this Act, and annually thereafter for three
years, the Under Secretary shall submit to the appropriate
congressional committees a report on the results of the
assessment required by paragraph (1), including--
(i) an identification of the chip security mechanisms, if
any, to be included in the requirements for enhanced chip
security mechanisms;
(ii) an identification of research and development
directions that could be used to improve the robustness of
chip security mechanisms and incentives to promote such
research and development directions;
(iii) if applicable, a roadmap for the timely
implementation of the enhanced chip security mechanisms; and
(iv) any recommendations for modifications to relevant
export controls to allow for more flexibility with respect to
the countries to or in which covered integrated circuit
products may be exported, reexported, or in-country
transferred if the products include enhanced chip security
mechanisms.
(B) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Implementation.--
(A) In general.--If any enhanced chip security mechanisms
identified pursuant to paragraph (1)(A) are determined by the
Under Secretary to be appropriate, the Under Secretary may,
not later than two years after the date on which the Under
Secretary completes the assessment required by paragraph (1),
require any covered integrated circuit product to incorporate
the enhanced chip security mechanisms, or for additional
mechanisms to be otherwise implemented, at the time the
product is exported, reexported, or in-country transferred to
or in a foreign country.
(B) Privacy and cybersecurity.--In assessing and developing
requirements for enhanced chip security mechanisms under this
subsection, the Under Secretary shall prioritize mitigation
of confidentiality and cybersecurity risk.
(c) Enforcement Authority.--In addition to the penalty and
enforcement authorities granted to the Under Secretary under
the Export Control Reform Act of 2018 (50 U.S.C. 4801 et
seq.) or otherwise provided by law, in carrying out this
section, the Under Secretary may--
(1) verify, in a manner the Under Secretary determines
appropriate, the ownership and location of a covered
integrated circuit product that has been exported,
reexported, or in-country transferred to or in a foreign
country;
(2) maintain a record of covered integrated circuit
products and include in the record the location and current
end-user of each such product; and
(3) require any person involved in the design, manufacture,
sale, physical security, oversight, distribution, export, or
licensed transfer of a covered integrated circuit product
being exported, re-exported, or in-country-transferred to a
foreign country to provide the information needed to maintain
the
[[Page S3956]]
record (such as essential information relating to the chip
security mechanisms, or the end-user of covered integrated
circuit products located outside of the United States).
(d) Foreign Competitiveness Assessment and Related
Authorities.--
(1) In general.--The Under Secretary shall annually assess
the competitiveness of foreign covered integrated circuit
products in relation to United States covered integrated
circuit products.
(2) Waiver.--The Under Secretary, in consultation with the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, is authorized to waive any requirements
of this subtitle if the Under Secretary, in consultation with
such Secretaries, determines that the implementation of chip
security mechanisms poses an undue burden on United States
competitiveness, is inconsistent with the national security
interests of the United States, and that exercising any and
all authorities under the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.) insufficiently addressed issues
arising from the presence of sufficient volume of foreign
covered integrated circuit products not covered by the
requirements of this subtitle.
(3) Congressional notification.--At least 30 days prior to
exercising the waiver described in paragraph (2), the Under
Secretary shall provide a written notification to the
appropriate congressional committees containing detailed
quantitative analysis demonstrating the rationale for the
waiver and that exercising any and all authorities under the
Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.)
insufficiently addressed issues arising from the presence of
sufficient volume of foreign covered integrated circuit
products not covered by the requirements of this subtitle.
(e) Enforcement.--A violation of any provision of this
subtitle, or of any regulation, order, license, or other
authorization issued pursuant to this subtitle shall be
deemed a violation of the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.).
(f) Administrative Procedures and Confidentiality of
Information.--The provisions of sections 1762 and 1761(h) of
the Export Control Reform Act of 2018 (50 U.S.C. 4821 and
4820(h)) shall apply to this subtitle in the same manner and
to the same extent as such provisions apply to the Export
Control Reform Act of 2018.
______
SA 6684. Mrs. MOODY submitted an amendment intended to be proposed by
her to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Space Ready Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the ``Space Ready Act''.
SEC. 1095. DEFINITIONS.
In this subtitle:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Common use infrastructure.--The term ``common use
infrastructure''--
(A) means any infrastructure that benefits 1 or more NASA
Center users;
(B) includes roadways and commodities pipelines and
portions of roadways and commodities pipelines; and
(C) does not include any infrastructure that solely
benefits the National Aeronautics and Space Administration.
(4) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(5) Project.--The term ``project'' means any work performed
in support of a common activity or infrastructure effort
under 1 or more common use infrastructure agreements entered
into pursuant to this subtitle, regardless of whether such
work is conducted pursuant to a single agreement or multiple
separate agreements with different commercial entities.
SEC. 1096. PILOT PROGRAM FOR INFRASTRUCTURE INVESTMENTS AT
NASA CENTERS.
(a) Pilot Program.--The Administrator may conduct a pilot
program for private and public investment in specific
infrastructure projects at 1 or more NASA Centers.
(b) Agreements in Support of Common Use Infrastructure
Projects.--
(1) Funding.--
(A) Voluntary infrastructure contributions.--The
Administrator may enter into agreements under section
20113(e) of title 51, United States Code, involving
transactions that support public and commercial activities at
1 or more NASA Centers, and such agreements may include the
authority to collect voluntary infrastructure contributions
to fund specific capital repair, maintenance, and improvement
projects described in paragraph (2), but no contribution may
be collected or accepted, and no agreement authorizing the
collection of such contributions may be executed, except to
the extent and in such amounts as provided in advance in an
appropriations Act. Any contributions so collected shall be
available only to the extent and in such amounts as provided
in advance in appropriations Acts, and shall be subject to
the same purposes, terms, and conditions as amounts otherwise
appropriated to the account.
(B) Transparency.--
(i) Cost and schedule estimates.--In any agreement that
includes the means for voluntary contributions described in
this section, the Administrator shall establish a reasonable
cost and schedule baseline for each project.
(ii) Project completion.--At the conclusion of each
designated project, the Administrator shall provide each
contributing commercial entity with a final project cost,
including a breakdown of cost sharing between government and
commercial entities.
(C) Project costs and timelines.--The Administrator shall--
(i) to the maximum extent practicable, ensure that the
projects described in this section are completed within the
cost estimates and timelines established under subparagraph
(B)(i); and
(ii) exercise streamlined acquisition procedures to the
maximum extent allowed by law.
(D) Cost-sharing.--The Administrator shall ensure that any
agreement entered into with a commercial entity under
subparagraph (A) provides that, at the conclusion of the
project, any funds contributed by the commercial entity that
remain unexpended shall be returned to such entity in
proportion to the amount originally contributed by the
partner.
(E) Nonconditioning of agreements.--The Administrator shall
not withhold execution of any agreement under section
20113(e) of title 51, United States Code, or deny a lease or
other authorization for commercial activities on the basis of
a failure to reach agreement on the amount or terms of
contributions described in this section.
(F) Requirements with respect to agreements.--Each
agreement entered into with a commercial entity under
subparagraph (A) shall, on a case-by-case basis--
(i) address the terms of use, ownership, and disposition of
the funds, services, or equipment contributed pursuant to the
agreement;
(ii) include a provision that the commercial entity will
not recover the costs of its contribution through any other
agreement with the United States; and
(iii) include a provision that mutually determines which
entity covers costs in the event of cost overruns or project
delays.
(G) CECR funds.--
(i) In general.--As provided in advance in appropriations
Acts, the Administrator is authorized to use amounts
otherwise made available within the Construction and
Environmental Compliance and Restoration account to fulfill
the obligations entered into by the Administrator under
agreements pursuant to this section.
(ii) Receipt of funds.--Contributions may be collected only
as provided in subparagraph (A). Private contributions
deposited into the Construction and Environmental Compliance
and Restoration account shall be available only to the extent
and in such amounts as provided in advance in appropriations
Acts, and shall be subject to the same purposes, terms, and
conditions as amounts otherwise appropriated to the account.
(H) Contributions from other entities.--The Administrator
may enter into agreements for voluntary contributions from
other entities, including Federal, State, or local
authorities, for the purpose of funding projects.
(I) Direct agreements.--
(i) Rule of construction.--Nothing in this subtitle may be
construed to restrict the Administrator from entering into
direct agreements under section 20113(e) of title 51, United
States Code, with entities to perform work within a NASA
Center separate from the activities funded through projects.
(ii) Prioritization.--The Administrator shall prioritize
such direct agreements in instances in which required work
would be completed more expeditiously or at a lower cost than
through the pilot program described in this section.
(iii) Direct contributions.--The Administrator may make
direct financial or in-kind contributions to projects
undertaken by commercial entities under agreements entered
into under clause (i), as the Administrator considers
appropriate to support common use infrastructure at a NASA
Center.
(2) Use of funds.--
(A) In general.--Contributions proffered by entities under
agreements in support of projects shall be used by the
Administrator to conduct capital repairs, maintenance, and
improvements to NASA-owned infrastructure at a NASA Center,
as the Administrator considers necessary to support
activities conducted under agreements entered into under
section 20113(e) of title 51, United States Code, which may
include renovation, rehabilitation, sustainment, demolition,
construction, operation, maintenance, repair, enhancement,
expansion, and modernization of NASA-owned infrastructure at
a NASA Center.
(B) Consultation.--The Administrator shall consult and
partner with other Federal, State, and local public
entities--
(i) to ensure that such projects are not duplicative; and
(ii) to identify opportunities for projects to provide
increased capability or capacity to users.
[[Page S3957]]
(C) Treatment of improvements.--Improvements made to NASA-
owned infrastructure at a NASA Center with amounts made
available under a voluntary agreements under this section
shall be property of the United States, unless the
Administrator determines that transferring ownership of such
improvements would be in the best interests of the United
States.
(D) Unexpended contributions.--For any voluntary
contributions from a commercial entity designated to a
specific project that are not fully expended on that project
within 90 days of the project becoming operational, the
Administrator shall, at the election of the contributing
commercial entity--
(i) refund the unexpended portion to the entity; or
(ii) allow the commercial entity to redesignate the funds
to another eligible project under this subsection.
(3) Annual report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Administrator 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 report on projects conducted under this
section that includes the following:
(A) For the preceding calendar year, the total amount of
expenditures on projects by NASA and industry.
(B) The proposed uses of amounts contributed by NASA and
industry for the operating plans of the Administration.
(C) Additional recommendations for efforts to streamline or
reduce costs for each agreed upon project described in this
section.
(4) Updates.--Not less frequently than every 2 years, the
Administrator, in collaboration with commercial entities,
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 interim
milestone updates relating to the pilot program under this
section.
(5) Termination.--
(A) In general.--The authority to collect voluntary
contributions under paragraph (1)(A) shall terminate on
December 31, 2031.
(B) Rule of construction.--The termination under
subparagraph (A) of the authority to collect voluntary
contributions may not be construed to otherwise affect the
validity or terms of agreements under section 20113(e) of
title 51, United States Code, or the retention or use by the
Administration of proceeds from such agreements.
(6) Prohibition on new budget authority.--Nothing in this
subtitle may be construed to provide new budget authority to
incur obligations in advance of appropriations.
______
SA 6685. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. EXCEPTION TO NON-PROCESSING RELATED FEE FOR H-1B
NONIMMIGRANTS WHO WILL BE PUBLIC SCHOOL
EMPLOYEES.
In addition to the exceptions set forth in section 1(c) of
the Presidential Proclamation 10973 (90 Fed. Reg. 46027;
relating to restriction on entry of certain nonimmigrant
workers), which was issued on September 19, 2025, petitions
filed on behalf of aliens entering the United States as
nonimmigrants to perform services in a specialty occupation
described in section 101(a)(15)(H)(i)(b) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) and who
will be working for a public school or a public school
district in the United States shall not be required to be
accompanied or supplemented by the payment of $100,000
otherwise required under section 1(a) of such Proclamation.
______
SA 6686. Mrs. BRITT submitted an amendment intended to be proposed by
her to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1__. APPLICABILITY OF INDIAN REORGANIZATION ACT TO THE
POARCH BAND OF CREEK INDIANS.
(a) In General.--The Poarch Band of Creek Indians shall be
considered ``now under Federal jurisdiction'' as of June 18,
1934, for purposes of the Act of June 18, 1934 (commonly
known as the ``Indian Reorganization Act'') (48 Stat. 984,
chapter 576; 25 U.S.C. 5101 et seq.).
(b) Lands Taken Into Trust.--All lands taken into trust by
the United States for the benefit of the Poarch Band of Creek
Indians before the date of enactment of this Act are
reaffirmed as trust land, and the actions of the Secretary of
the Interior in taking those lands into trust under the Act
of June 18, 1934 (commonly known as the ``Indian
Reorganization Act'') (48 Stat. 984, chapter 576; 25 U.S.C.
5101 et seq.), are ratified and confirmed.
______
SA 6687. Mr. MORENO submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X add the following:
SEC. 1094. FINDINGS ON SECURITY OF CONNECTED VEHICLES.
Congress makes the following findings:
(1) The United States automotive industry is critical to
the national economy, supporting millions of jobs, supply
chains, and advanced manufacturing. The introduction of
vehicles and components controlled by foreign adversaries
threatens industrial competitiveness and technological
leadership.
(2) The People's Republic of China has rapidly expanded its
automotive manufacturing capacity and is increasingly
targeting export markets. Despite having the largest market
in the world, the People's Republic of China exports nearly
8,000,000 vehicles annually, approximately twice the volume
exported by any other country, demonstrating the scale at
which vehicles and components controlled by a foreign
adversary may enter global markets, including the United
States.
(3) Connected vehicles incorporate advanced information and
communications technologies that collect, process, and
transmit vast amounts of sensitive data, including
geolocation, operational, and personal information, and are
capable of being remotely accessed and controlled.
(4) In Executive Order 13873 (50 U.S.C. 1701 note; relating
to securing the information and communications technology and
services supply chain), the President declared a national
emergency with respect to the threat posed by foreign
adversaries creating and exploiting vulnerabilities in
information and communications technology and services.
(5) The access, control, or influence of vehicle
connectivity systems or automated driving systems by foreign
adversaries creates substantial economic and national
security risks to the United States, including risks of
surveillance, espionage, cyber intrusion, and disruption of
critical infrastructure. Such risks fall within the scope of
the national emergency described in Executive Order 13873 and
pose an unacceptable threat to the security and resilience of
the United States.
______
SA 6688. Mr. KING submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of section 1091, add the following:
(f) Katahdin Woods and Waters National Monument Access.--
(1) Definitions.--In this subsection:
(A) Authorized acquisition area.--The term ``authorized
acquisition area'' means the designated area outside the
boundary of the National Monument depicted as ``Authorized
Acquisition Area'' on the map entitled ``Katahdin Woods and
Waters National Monument Proposed Boundary Adjustment'',
numbered 686/193,181, and dated March 2024.
(B) National monument.--The term ``National Monument''
means the Katahdin Woods and Waters National Monument in the
State of Maine established by the Proclamation.
(C) Proclamation.--The term ``Proclamation'' means
Presidential Proclamation Number 9476, dated August 24, 2016
(54 U.S.C. 320301 note).
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Acquisition of additional land for national monument.--
(A) Boundary.--The boundaries of the National Monument
shall be the boundaries established by the Proclamation.
(B) Acquisition.--
(i) In general.--Subject to clause (ii), the Secretary may
acquire, by purchase from a willing seller, donation, or
exchange, land or interests in land within the authorized
acquisition area.
(ii) Prohibition on use of eminent domain.--Nothing in this
subsection authorizes the use of eminent domain to acquire
land or an interest in land.
(C) Treatment of acquired land; boundary adjustment.--On
acquisition by the Secretary of any land pursuant to
subparagraph (B)--
(i) the land shall be included in the National Monument;
and
(ii) the boundaries of the National Monument shall be
adjusted accordingly.
(3) Administration of national monument.--
[[Page S3958]]
(A) Administration.--The Secretary shall administer the
National Monument (including the land added to the National
Monument under this subsection) in accordance with--
(i) this subsection;
(ii) the Proclamation; and
(iii) the laws generally applicable to units of the
National Park System.
(B) Hunting, fishing, and outdoor recreation on acquired
land.--The Secretary shall allow hunting, fishing, or any
other outdoor recreation activity on land acquired pursuant
to paragraph (2)(B)--
(i) if that activity was in existence on the day before the
date of acquisition of the land; and
(ii) consistent with the management of that activity under
the Proclamation.
(C) Collection of fiddlehead ferns.--
(i) In general.--Subject to clause (ii), the Secretary
shall allow the gathering by hand of fiddlehead ferns
(Matteuccia struthiopteris) in the National Monument for
noncommercial personal use and consumption by the general
public.
(ii) Limitation.--If the Secretary determines that the
gathering of fiddlehead ferns under clause (i) may adversely
affect resources of the National Monument, the Secretary may
limit the gathering of fiddlehead ferns under that clause in
accordance with applicable regulations.
(D) Public education.--In accordance with the mission of
the National Park Service, the Secretary shall collaborate
with local communities and Tribal governments to educate the
public regarding the natural environment and history of land
management in the National Monument, including the shaping of
that landscape by Native communities and practices,
successive generations of timber management, and other
activities.
(E) Forestry.--In accordance with the management plan for
the National Monument, the Secretary may conduct such
noncommercial timber harvests as the Secretary determines to
be necessary.
(F) Protection of existing access.--Nothing in this
subsection affects valid existing rights, including existing
rights of access through the National Monument for the
removal of timber outside the boundaries of the National
Monument.
(G) Public safety.--
(i) In general.--The Secretary shall provide to the public
appropriate safety education and notification materials to
ensure safe interactions between visitors and logging trucks,
equipment, and operations on roads in or adjacent to the
National Monument.
(ii) Procedures.--The Secretary shall collaborate with
affected stakeholders to establish procedures to meet the
needs of visitors to the National Monument, logging and
trucking operations, and other users of roads in or adjacent
to the National Monument to ensure safe interactions between
active logging operations and visitors.
(4) Administrative sites and visitor facilities.--
(A) In general.--To facilitate the administration of the
National Monument, the Secretary may acquire, by purchase
from a willing seller, donation, or exchange, not more than
10 acres of land or interests in land, including
improvements, for the administration of the National Monument
and visitor services outside the boundaries, but within the
vicinity, of the National Monument.
(B) Agreements.--The Secretary may enter into agreements
with the State of Maine, units of Tribal or local government,
or private entities--
(i) to carry out this section; and
(ii) to develop a cooperative information center for the
National Monument.
______
SA 6689. Mr. CASSIDY (for himself, Ms. Lummis, and Mrs. Blackburn)
submitted an amendment intended to be proposed by him to the bill S.
4784, to authorize appropriations for fiscal year 2027 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Mined in America Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the ``Mined in America Act of
2026''.
SEC. 1095. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) blockchain and digital asset technologies serve an
essential role in the future economic, technological, and
strategic interests of the United States, as reflected in
official statements from the President, bipartisan action in
Congress, and recent legislation establishing oversight and
regulatory frameworks for digital assets;
(2) Bitcoin is the original digital asset, has operated
through an open, decentralized network with no central
authority for more than 15 years, and continues to
demonstrate technical resilience, economic relevance, and
functional independence;
(3) the establishment and management of a strategic reserve
of Bitcoin by the Federal Government reinforces the
continuing role in the national interest and the important
long-term strategic value of Bitcoin;
(4) the reliability of the Bitcoin blockchain depends on a
decentralized validation process and a globally distributed
infrastructure, but a substantial portion of mining hardware
currently in use is manufactured by companies related to
foreign adversaries, creating national security and
operational integrity risks;
(5) the ability of the United States to lead in Bitcoin and
digital asset innovation requires that critical blockchain
infrastructure, including mining hardware and consensus
software, be developed, operated, and maintained within the
United States, or friendly nations, and free from control by
entities related to foreign adversaries;
(6) Bitcoin mining operators in the United States have
contributed materially to domestic artificial intelligence
capabilities by converting existing facilities and
infrastructure to support machine learning, inference, and
high-density compute operations; and
(7) the replacement of mining hardware related to foreign
adversaries with compute infrastructure manufactured in the
United States, or friendly nations, is a necessary national
objective.
(b) Purpose.--The purpose of this subtitle is to facilitate
the objective described in subsection (a)(7) through the use
of existing Federal programs and authorities.
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) Certification program.--The term ``certification
program'' means the Mined in America Certification Program
established under section 1097(a).
(2) Demand response; demand-responsive.--The terms ``demand
response'' and ``demand-responsive'' mean the capability of a
facility, including a distributed energy system or
controllable load, to adjust electricity consumption in
response to price signals, grid reliability needs, or market
incentives to enhance grid efficiency and resilience.
(3) Foreign adversary.--The term ``foreign adversary'' has
the meaning given the term ``covered nation'' in section
4872(f) of title 10, United States Code.
(4) Friendly nation.--The term ``friendly nation'' means a
foreign country that--
(A) is not a foreign adversary; and
(B) the Secretary of State designates as an ally or partner
of the United States for purposes of this subtitle.
(5) High-density compute.--The term ``high-density
compute'' means a computational operation or facility
characterized by high power density and intensive processing
workloads, including those used for artificial intelligence
training, inference, blockchain validation, advanced data
processing, and other energy intensive compute tasks.
(6) Mining facility.--The term ``mining facility'' means a
physical site that houses and operates specialized computer
hardware for the purpose of performing proof-of-work mining,
including associated power, cooling, and network
infrastructure.
(7) Mining pool.--The term ``mining pool'' means a group of
participants in a proof-of-work mining network that--
(A) combine their computational resources over a network to
increase the probability of validating a block; and
(B) share any resulting rewards in proportion to the
contributed hash power of each participant.
(8) Proof-of-work mining.--The term ``proof-of-work
mining'' means the operation of specialized hardware or
computing systems to validate transactions and secure
decentralized blockchain networks by solving cryptographic
puzzles, resulting in the issuance of new units of a digital
asset as a reward.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 1097. MINED IN AMERICA CERTIFICATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a voluntary
certification program, to be known as the ``Mined in America
Certification Program'', to certify mining facilities and
mining pools that meet the requirements established under
this section.
(2) Scope.--A certification under the certification
program--
(A) shall not confer any regulatory license or waiver of
legal requirements under any other provision of law
(including regulations);
(B) may serve as a basis for eligibility for, priority for,
or participation in a Federal loan, grant, reimbursement, or
procurement program, in accordance with applicable law or
regulations; and
(C) shall not be required for any mining facility or mining
pool except as a condition of eligibility for, priority for,
or participation in a program described in subparagraph (B),
in accordance with applicable law or regulations.
(b) Certification Criteria and Administration.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate
regulations governing the certification of mining facilities
and mining pools under the certification program.
(2) Eligibility.--To be eligible for certification under
the certification program--
(A) the proof-of-work mining operations of the mining
facility or mining pool shall be physically located within
the United States or a friendly nation;
(B) in the case of the certification of a mining pool, the
mining pool--
(i) shall be headquartered and operated in the United
States or a friendly nation; and
[[Page S3959]]
(ii) shall not be owned, controlled, or subject to undue
influence by an entity related to a foreign adversary;
(C) in the case of the certification of a mining facility,
the mining facility--
(i) shall not be owned, controlled, or subject to undue
influence by an entity related to a foreign adversary; and
(ii) shall participate in a mining pool described in
subparagraph (B);
(D) the mining facility or mining pool shall document and
attest to compliance with the applicable hardware sourcing
standards described in paragraph (3);
(E) the mining facility or mining pool shall maintain
cybersecurity protocols consistent with minimum standards
established by the Secretary, including protection of network
systems, private keys, remote access tools, and physical
facilities; and
(F) the mining facility or mining pool shall satisfy any
additional criteria that the Secretary determines to be
necessary to uphold the integrity of the certification.
(3) Hardware sourcing standards.--
(A) In general.--To be eligible for certification under the
certification program, a mining facility or mining pool shall
be in compliance with the following hardware sourcing
standards:
(i) Beginning on January 1, 2027, the mining facility or
mining pool may not purchase any proof-of-work mining
equipment manufactured by any entity related to any foreign
adversary.
(ii) Beginning on January 1, 2028, not more than 75 percent
of the active proof-of-work mining hardware of the mining
facility or mining pool may be manufactured by an entity
related to a foreign adversary.
(iii) Beginning on January 1, 2029, not more than 50
percent of the active proof-of-work mining hardware of the
mining facility or mining pool may be manufactured by an
entity related to a foreign adversary.
(iv) Beginning on January 1, 2030, 0 percent of the active
proof-of-work mining hardware of the mining facility or
mining pool may be manufactured by an entity related to a
foreign adversary.
(B) Initial certifications.--The Secretary may issue a
certification under the certification program before January
1, 2027, if--
(i) the applicable mining facility or mining pool has not
purchased any proof-of-work mining equipment manufactured by
any entity related to any foreign adversary since the date of
enactment of this Act; and
(ii) the operator of the applicable mining facility or
mining pool submits to the Secretary a plan for achieving
compliance with the hardware sourcing standards described in
subparagraph (A).
(C) Preferred certifications.--During the period beginning
on January 1, 2027, and ending on December 31, 2029, the
Secretary may designate a certification of a mining facility
or mining pool under the certification program as a preferred
certification for Federal program eligibility if not more
than 25 percent of the active proof-of-work mining hardware
of the mining facility or mining pool is manufactured by an
entity related to a foreign adversary.
(D) Recognition of infrastructure conversion.--For the
purposes of determining compliance with subparagraph (B) or
(C), the Secretary shall consider proof-of-work mining
hardware related to foreign adversaries to be removed from
active deployment if the operator of the mining facility or
mining pool demonstrates that the hardware has been replaced,
repurposed, or retired in favor of proof-of-work mining
hardware manufactured in the United States or a friendly
nation, including infrastructure deployed for artificial
intelligence training, inference, or grid-responsive
computational operations.
(4) Duration; renewal.--A certification under the
certification program--
(A) shall be valid for a period of not more than 2 years;
and
(B) may be renewed only on a demonstration of continued
compliance with all applicable requirements under this
section.
(5) Information sharing.--In carrying out the certification
program, the Secretary may share information with, or request
information from, the Secretary of Energy or the Secretary of
Agriculture.
(c) Application and Review Process.--
(1) In general.--In administering the certification
program, the Secretary shall establish an application and
review process for certification.
(2) Applications.--
(A) In general.--To apply for certification under the
certification program, an operator of a proof-of-work mining
facility or mining pool shall submit to the Secretary an
application, which shall contain information necessary for
the Secretary to determine eligibility under subsection (b).
(B) Disclosure.--An application submitted under
subparagraph (A)--
(i) shall disclose ownership and control information
sufficient to identify any person exercising control over the
proof-of-work mining operations of the applicant; and
(ii) shall not use any shell companies, passthrough
entities, or nominee arrangements to obscure ownership or
influence by a foreign adversary.
(d) Registry.--The Secretary shall maintain a publicly
accessible registry of mining facilities and mining pools
certified under the certification program, including--
(1) the effective dates of certification and renewal, if
applicable; and
(2) the applicable hardware sourcing standards under
subsection (b)(3) with which the mining facility or mining
pool is compliant, including whether the certification is a
preferred certification under subsection (b)(3)(C).
(e) Federal Program Eligibility.--
(1) In general.--The head of a Federal agency that
administers a loan, grant, reimbursement, or procurement
program for which eligibility, priority, or participation is
based on certification under the certification program may
rely on the registry maintained under subsection (d) to
determine the eligibility, priority, or participation of an
entity in that program, in accordance with applicable law
(including regulations).
(2) Requirement.--An entity shall not be granted
eligibility for, priority for, or participation in a loan,
grant, reimbursement, or procurement program for which that
eligibility, priority, or participation is based on
certification under the certification program unless the
entity holds a valid certification under the certification
program.
(f) Confidentiality.--
(1) In general.--In carrying out the certification program,
the Secretary shall safeguard the confidentiality of all
proprietary operational data, financial records, trade
secrets, and personally identifiable information submitted in
connection with a certification.
(2) Exemption from foia.--Information in the registry
maintained under subsection (d) shall be exempt from
disclosure under section 552 of title 5, United States Code.
(g) Oversight and Reporting.--
(1) In general.--The Secretary shall promulgate regulations
to ensure transparency of, compliance with, and enforcement
under the certification program, including--
(A) requirements for certified mining facilities and mining
pools to submit periodic reports verifying continuing
compliance with the requirements under subsection (b);
(B) procedures for the suspension or revocation of a
certification in the case of a material misrepresentation,
noncompliance, or fraud; and
(C) regulations relating to audits and inspections under
paragraph (2).
(2) Audits or inspections.--The Secretary shall conduct
audits or inspections of mining facilities and mining pools
certified under the certification program as necessary to
ensure compliance with this section.
(3) Publication of data.--The Secretary shall publish
aggregate, nonconfidential data relating to certifications of
mining facilities and mining pools and compliance with this
section sufficient to inform Federal agencies and the public
of trends in certifications and compliance.
(h) Rule of Construction.--Nothing in this section may be
construed to confer upon the Secretary any regulatory
authority over digital asset markets or transactions.
SEC. 1098. PROGRAM ELIGIBILITY FOR CERTIFIED COMPUTE
INFRASTRUCTURE PROJECTS.
(a) Department of Energy Title XVII Loan Guarantees.--
(1) In general.--Section 1703(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end
the following:
``(14) Projects carried out by entities that are certified
under section 1097 of the Mined in America Act of 2026 and
involve 1 or more of the following activities:
``(A) The replacement of proof-of-work mining (as defined
in section 1096 of the Mined in America Act of 2026) hardware
related to foreign adversaries (as defined in that section)
with compute infrastructure that is manufactured in the
United States or a friendly nation (as defined in that
section), including equipment used for blockchain validation,
artificial intelligence training, or high-efficiency data
processing.
``(B) The conversion of an existing mining operation or
data center into a grid-interactive or demand-responsive (as
defined in section 1096 of the Mined in America Act of 2026)
computing facility that uses infrastructure manufactured in
the United States or a friendly nation (as so defined).
``(C) The deployment of computing systems that enable load
shifting, flexible demand, or emissions reduction in
coordination with a regional transmission organization,
electric utility, or demand response (as defined in section
1096 of the Mined in America Act of 2026) market.''.
(2) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall issue
rules to implement the amendment made by paragraph (1),
including procedures for verifying the eligibility of
projects described in paragraph (14) of section 1703(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16513(b)),
establishing documentation requirements, coordinating with
the Secretary to confirm certification status under section
1097, and identifying any emissions or energy performance
standards necessary to satisfy the objectives of title XVII
of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.).
(3) Rule of construction.--Nothing in the amendment made by
paragraph (1) alters or waives any other requirement for
project approval under section 1703 of the Energy Policy Act
of 2005 (42 U.S.C. 16513).
(b) Department of Energy Infrastructure Reinvestment
Program.--
(1) In general.--Section 1706(a) of the Energy Policy Act
of 2005 (42 U.S.C. 16517(a)) is amended--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
[[Page S3960]]
``(4) are carried out by entities described in section
1703(b)(14) and involve--
``(A) an activity described in subparagraph (A) or (B) of
that section; or
``(B) the repurposing of energy infrastructure previously
used in connection with foreign manufactured crypto mining
hardware into facilities that reduce net energy intensity,
improve flexibility in load management, or provide computing
for strategic industrial applications.''.
(2) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall issue
rules to implement the amendment made by paragraph (1),
including documentation requirements, technical criteria for
demonstrating infrastructure conversion, emissions or energy
performance metrics, and procedures for coordinating with the
Secretary to confirm certification status under section 1097.
(3) Rule of construction.--Nothing in the amendment made by
paragraph (1) alters or waives any other requirement for
project approval under section 1706 of the Energy Policy Act
of 2005 (42 U.S.C. 16517).
(c) Department of Energy Smart Grid Investment Grants.--
(1) In general.--Section 1306 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17386) is amended--
(A) in subsection (a), by striking ``of qualifying Smart
Grid investments.'' and inserting the following: ``of--
``(1) qualifying smart grid investments; and
``(2) projects for the deployment of Mined in America grid-
interactive infrastructure.'';
(B) in subsection (b)--
(i) by redesignating paragraphs (1) through (14) as clauses
(i) through (xiv), respectively, and indenting appropriately;
and
(ii) by striking the subsection designation and heading and
all that follows through ``include'' in the matter preceding
clause (i) (as so redesignated) and inserting the following:
``(b) Definitions.--In this section:
``(1) Demand response; demand-responsive.--The terms
`demand response' and `demand-responsive' have the meaning
given the terms in section 1096 of the Mined in America Act
of 2026.
``(2) Friendly nation.--The term `friendly nation' has the
meaning given the term in section 1096 of the Mined in
America Act of 2026.
``(3) Grid-responsive infrastructure.--The term `grid-
responsive infrastructure' includes hardware, software, and
control systems that support 1 or more of the following
functions:
``(A) Load curtailment or flexible demand response in
coordination with a grid operator, electric utility, or
demand response provider.
``(B) Integration of localized energy storage, smart
metering, or real-time load control technologies that reduce
peak demand or improve grid reliability.
``(C) Cybersecurity protections to safeguard grid-facing
compute infrastructure, including systems used to manage
energy telemetry, remote access, or distributed power
systems.
``(4) Mined in america grid-interactive infrastructure.--
The term `Mined in America grid-interactive infrastructure'
means grid-responsive infrastructure that--
``(A) is manufactured in the United States; and
``(B) is or will be deployed at a facility--
``(i) located in the United States or a friendly nation;
``(ii) the owners and operators of which are certified
under section 1097 of the Mined in America Act of 2026; and
``(iii) that is engaged in--
``(I) proof-of-work mining operations using compute
infrastructure manufactured in the United States or a
friendly nation; or
``(II) artificial intelligence training or inference using
compute infrastructure manufactured in the United States or a
friendly nation.
``(5) Proof-of-work mining.--The term `proof-of-work
mining' has the meaning given the term in section 1096 of the
Mined in America Act of 2026.
``(6) Qualifying smart grid investment.--
``(A) In general.--The term `qualifying smart grid
investment' includes'';
(C) in subsection (c)--
(i) in paragraph (3), by striking ``Smart Grid Information
Standard under section 1307 (paragraph (17) of section 111(d)
of the Public Utility Regulatory Policies Act of 1978)'' and
inserting ``smart grid information standard under paragraph
(19) of section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (42 U.S.C. 2621(d))'';
(ii) in paragraph (9), by striking ``Qualifying Smart Grid
Investments'' and inserting ``qualifying smart grid
investments'';
(iii) by redesignating paragraphs (1) through (9) as
clauses (i) through (ix), respectively, and indenting
appropriately; and
(iv) by striking the subsection designation and heading and
all that follows through ``do not include'' in the matter
preceding clause (i) (as so redesignated) and inserting the
following:
``(B) Exclusions.--The term `qualifying smart grid
investment' does not include'';
(D) in subsection (d)--
(i) by redesignating paragraphs (1) through (16) as clauses
(i) through (xvi), respectively, and indenting appropriately;
and
(ii) by striking the subsection designation and heading and
all that follows through ``means'' in the matter preceding
clause (i) (as so redesignated) and inserting the following:
``(6) Smart grid function.--The term `smart grid function'
means'';
(E) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``(1) The Secretary shall'' and all that
follows through ``proposals--'' in the matter preceding
subparagraph (A) and inserting the following:
``(1) In general.--The Secretary shall--'';
(II) by indenting subparagraphs (A) through (E)
appropriately;
(III) in subparagraph (C), by striking ``investments, and''
and inserting ``investments or Mined in America grid-
interactive infrastructure, and, if applicable,''; and
(IV) in subparagraph (D), by striking ``investments which
have received grants'' and inserting ``investments and Mined
in America grid-interactive infrastructure for which grants
have been provided''; and
(ii) in paragraph (2), by striking ``(2) The Secretary''
and inserting the following:
``(2) Discretion.--The Secretary'';
(F) in subsections (b) through (e), by striking ``Smart
Grid'' each place it appears and inserting ``smart grid'';
(G) in subsection (f), by striking ``for fiscal years 2008
through 2012'';
(H) by redesignating subsections (a), (b), (e), and (f) as
subsections (b), (a), (c), and (e), respectively, and moving
the subsections so as to appear in alphabetical order; and
(I) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Guidance on Mined in America Grid-interactive
Infrastructure.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Mined in America Act of 2026, the
Secretary shall issue guidance relating to the provision of
grants under this section for projects for the deployment of
Mined in America grid-interactive infrastructure.
``(2) Requirement.--The guidance issued under paragraph (1)
shall--
``(A) identify Mined in America grid-interactive
infrastructure for which a grant provided under this
subsection may be used; and
``(B) establish procedures for verifying the certification
of the owners and operators of the applicable facility under
section 1097 of the Mined in America Act of 2026, in
coordination with the Secretary of Commerce.''.
(2) Rule of construction.--Nothing in this subsection or an
amendment made by this subsection waives, or may be construed
to waive, any cost-share, technical, or emissions performance
requirement applicable to a grant awarded under section 1306
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17386).
SEC. 1099. DEPARTMENT OF ENERGY STUDY ON COMPUTE-BASED LOAD
MANAGEMENT.
(a) Study Required.--The Secretary of Energy shall conduct
a study to assess the load-management capabilities and grid-
balancing potential of proof-of-work mining operations and
high-density compute facilities located in the United States.
(b) Scope of Study.--The study under subsection (a) shall
evaluate--
(1) the ability of proof-of-work mining operations and
high-density compute facilities--
(A) to reduce electricity consumption during periods of
peak demand;
(B) to shift load in coordination with grid operators; or
(C) to participate in demand response and grid reliability
programs;
(2) the technologies, energy infrastructure, and
contractual mechanisms that support flexible operation of
high-density compute workloads; and
(3) the emissions impacts, energy efficiency benefits, and
market integration potential associated with the deployment
of grid-interactive compute infrastructure in various
geographic and regulatory contexts.
(c) Consultation.--
(1) In general.--In carrying out the study under subsection
(a), the Secretary of Energy shall consult with--
(A) the Secretary;
(B) the Federal Energy Regulatory Commission; and
(C) at least 1 Regional Transmission Organization or
Independent System Operator (as those terms are defined in
section 3 of the Federal Power Act (16 U.S.C. 796)).
(2) Requirement.--The Secretary of Energy, the Secretary of
Defense, and the Secretary shall coordinate to enhance
efficiency and avoid duplication with respect to the study
required under subsection (a).
(d) Reports.--The Secretary of Energy shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Energy and Commerce of the House
of Representatives--
(1) an interim report on the findings of the study under
subsection (a) not later than 1 year after the date of
enactment of this Act; and
(2) a final report on the findings of that study not later
than 2 years after that date of enactment.
SEC. 1100. SUPPORT FOR DEVELOPMENT OF SECURE, ENERGY-
EFFICIENT CRYPTO-MINING HARDWARE.
(a) Support From National Institute of Standards and
Technology.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall take such actions as the
Director considers appropriate to support the development of
secure, energy-efficient hardware for the mining of
cryptocurrency.
[[Page S3961]]
(2) Grants authorized.--In carrying out paragraph (1), the
Director may award grants to design rigs for the mining of
cryptocurrency that meets United States cybersecurity
standards.
(b) Support From Hollings Manufacturing Extension
Partnership.--
(1) In general.--The Director shall, acting through the
Hollings Manufacturing Extension Partnership, provide
assistance to United States manufacturers to retool for the
production of secure, energy-efficient hardware for the
mining of cryptocurrency.
(2) Technical assistance.--The Director may, acting through
the Partnership, provide technical assistance to United
States persons who manufacturer hardware that can be used for
the mining of cryptocurrency.
SEC. 1101. PROMOTION OF EXPORTS TO FRIENDLY NATIONS OF
CERTAIN MINING EQUIPMENT PRODUCED IN THE UNITED
STATES.
The Under Secretary of Commerce for International Trade
shall develop a program to promote exports to friendly
nations of equipment for proof-of-work mining that is
produced in the United States.
______
SA 6690. Mr. SHEEHY submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII add the following:
SEC. 716. MODIFICATION OF RATES OF PAY FOR A PROVIDER OF CARE
OR SERVICES FURNISHED UNDER TRICARE PROGRAM.
(a) Rates.--Section 1097b(a) of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)(A)''; and
(2) in paragraph (3), by striking ``(3) In establishing''
and inserting the following:
``(3)(A) The Secretary shall establish rates for payments
to providers of care or services under the TRICARE program
that are specific with respect to the following sites of
service at which the care or service is actually provided
(regardless of the physical location of the headquarters of
the provider):
``(i) A hospital outpatient department.
``(ii) An ambulatory surgical center.
``(iii) The office of a physician.
``(iv) Such other sites as the Secretary determines
appropriate in carrying out this paragraph.
``(B) The Secretary shall ensure that--
``(i) each site specified in subparagraph (A) obtains a
National Provider Identifier pursuant to section 1833(t)(23)
of the Social Security Act (42 U.S.C. 1395l(t)(23)) that is
separate and unique from such identifier for such provider;
and
``(ii) no payment for care or services under any provision
of this chapter may be made unless the claim for such payment
includes the National Provider Identifier for the site at
which such hospital care, medical services, or extended care
services were furnished.
``(C) In the case of covered OPD services (as defined in
section 1833(t)(1)(B) of the Social Security Act (42 U.S.C.
1395l(t)(1)(B))) that are provided by a provider that is an
off-campus outpatient department of a provider (as defined in
section 1833(t)(21)(B) of the Social Security Act (42 U.S.C.
1395l(t)(21)(B)), disregarding clauses (ii) and (iv) thereof,
as if such clauses did not exist), the Secretary shall ensure
that--
``(i) such department is treated as a subpart of such
provider and assigned a unique health identifier pursuant to
subparagraph (B) of this paragraph;
``(ii) such provider includes such identifier on any claim
form it submits under this subsection; and
``(iii) such provider may not hold a member of the
uniformed services or covered beneficiary liable for such
item or service unless such care or services are billed using
the separate unique health identifier established for such
department under this paragraph.
``(D) Nothing in this paragraph may be construed to--
``(i) prevent the Secretary from determining the
appropriate amount of a facility fee;
``(ii) require the Secretary to pay, for the same item or
service--
``(I) an independent physician the same amount as the
Secretary would pay a hospital-based physician; or
``(II) a hospital-based physician less than the Secretary
would pay an independent physician; or
``(iii) affect the authority of the Secretary under
paragraph (2).
``(E) In establishing''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 1, 2028.
______
SA 6691. Mr. WICKER submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
Subtitle B--Army Programs
SEC. 5111. REPORT ON DIVESTITURE OF EXPEDITIONARY COMBAT
AVIATION BRIGADES.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the
congressional defense committees a report containing an
analysis of the rationale for the divestiture of
Expeditionary Combat Aviation Brigades, including the
operational, financial, and strategic justifications for such
divestiture.
Subtitle D--Air Force Programs
SEC. 5131. AUTHORIZATION OF APPROPRIATIONS FOR COUNTER
UNMANNED SYSTEMS RELATING TO THE DEFENSE OF
STRATEGIC ASSETS.
(a) In General.--There is authorized to be appropriated to
the Department of the Air Force $50,000,000 for counter
unmanned systems relating to the defense of strategic assets.
(b) Offsets.--
(1) Offset 1.--The amount authorized to be appropriated by
this Act for BMD enabling programs (RDDW 0603890C, line 88)
is hereby reduced by $5,000,000.
(2) Offset 2.--The amount authorized to be appropriated by
this Act for special programs--MDA (RDDW 0603891C, line 89)
is hereby reduced by $5,000,000.
(3) Offset 3.--The amount authorized to be appropriated by
this Act for Atomic Energy Defense Activities, National
Nuclear Security Administration, Naval Reactors, 14-D-901
Spent Fuel Handling Recapitalization Project, NRF is hereby
reduced by $40,000,000.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 5211. PILOT PROGRAM FOR ONE-WAY AND COUNTER-UNMANNED
AIRCRAFT SYSTEM DRONE TESTBED.
(a) Pilot Program Authorized.--The Secretary of the Army
may establish a pilot program to test, evaluate, and
demonstrate the integration of approved munition payloads
with approved unmanned aircraft systems, including one-way
unmanned aircraft systems and counter-unmanned aircraft
system platforms.
(b) Purpose.--The purposes of the pilot program required by
subsection (a) shall are--
(1) to accelerate the integration of modular payloads onto
multiple drone platforms;
(2) to reduce time-to-field for lethal and non-lethal
drone-enabled munitions capabilities;
(3) to standardize payload-to-platform interfaces; and
(4) to support rapid prototyping, validation, and
transition of drone-enabled munitions into programs of
record.
(c) Location.--
(1) In general.--The Assistant Secretary of the Army for
Acquisition, Logistics, and Technology shall determine the
location or locations at which the pilot program required by
subsection (a) is conducted.
(2) Considerations.--In selecting a location under
paragraph (1), the Assistant Secretary shall consider--
(A) the availability of munitions and energetics subject-
matter expertise, including the interface of munitions with
drones;
(B) proximity to live fire testing range space and range
availability, prioritizing joint base facilities; and
(C) existing infrastructure capable of supporting rapid
prototyping, integration, and live-fire testing.
(d) Components.--The pilot program required by subsection
(a) may include--
(1) transition and integration of common Electronic Safe
and Arming Device designs;
(2) incorporation of the Picatinny Common Lethality
Integration Kit and the Small Universal Payload Interface;
(3) development and standardization of technology and
practices supporting payload-to-drone connectivity;
(4) prototyping, demonstration, and technology transfer of
munition systems integrated with unmanned aircraft systems;
and
(5) development of standardized drone interface
documentation and validated integration processes for
counter-unmanned aircraft system platforms, including
energetic payload applications.
(e) Coordination.--In carrying out the pilot program
required by subsection (a), the Secretary shall coordinate
with the Joint Capability Program Executive for Ammunition
and Energetics, Development Command (DEVCOM), relevant
program executive offices, and other Department of Defense
components as the Secretary considers appropriate.
Subtitle C--Plans, Reports, and Other Matters
SEC. 5231. NATIONAL SECURITY QUANTUM COORDINATION AND
COMPETITION.
(a) Office of Quantum Capabilities and Competition.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish or designate an office in the Department of Defense
to serve as the lead for all quantum
[[Page S3962]]
efforts of the Department relating to the following:
(A) Quantum technology research, including quantum sensing,
quantum computing, and quantum communications.
(B) Quantum technology development, including quantum
sensing, quantum computing, and quantum communications.
(C) Quantum technology application, including quantum
sensing, quantum computing, and quantum communications.
(D) Quantum technology policy, including quantum sensing,
quantum computing, and quantum communications.
(E) Such other quantum related efforts as the Secretary
considers appropriate.
(2) Designation.--The office established or designated
pursuant to paragraph (1) shall be known as the ``Department
of Defense Office of Quantum Capabilities and Competition''
(in this section the ``Office'').
(3) Primary mission.--The primary mission of the Office
shall be coordinating, leading, and directing quantum
technology efforts of the Department in order--
(A) to advance Department research efforts in quantum
technology;
(B) to develop quantum technology expertise that enables
advancements in United States national security capabilities;
(C) to aggressively pursue a national competitive advantage
in quantum technology, vis-a-vis other countries; and
(D) to develop quantum technologies that can be utilized
for real-world application by the Department of Defense or
other United States national security entities.
(b) Coordination With Other Quantum Efforts.--
(1) In general.--The Secretary shall, acting through the
Office, regularly coordinate with the heads of other Federal
departments and agencies that work on quantum science,
quantum technology, or quantum research.
(2) Quantum coordination office for national security.--
(A) In general.--In carrying out paragraph (1), the
Secretary shall establish within the Office a subcomponent to
liaise with, share expertise with, and whenever feasible,
coordinate and, if necessary, deconflict efforts with other
relevant U.S. government entities pursuing efforts on quantum
science, quantum technology, or quantum research.
(B) Designation.--The subcomponent established pursuant to
subparagraph (A) shall be known as the ``Quantum Coordination
Office for National Security''.
(c) Triennial Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and not less frequently than once
every three years thereafter, the Secretary shall submit to
the appropriate committees of Congress a report on national
security quantum capabilities and competition.
(2) Contents generally.--Each report submitted pursuant to
paragraph (1) shall cover the following:
(A) The state of current quantum efforts within the
Department of Defense, including specific sections on quantum
sensing, quantum computing, and quantum communications.
(B) The state of current quantum efforts of adversarial and
competitor countries, including specific sections on quantum
sensing, quantum computing, and quantum communications.
(C) The state of current quantum efforts of any other
countries with advanced capabilities in quantum technology
and quantum science, including specific sections on quantum
sensing, quantum computing, and quantum communications.
(D) A comparison of the capabilities of the United States
and those of adversarial and competitor countries, as well as
any other countries with advanced capabilities in quantum
technology and quantum science.
(E) An assessment of capabilities of the United States
compared to those of China, Russia, and Iran, combined with
an assessment of how such countries (in addition to any other
countries the Secretary considers relevant) may utilize
quantum technology in a conflict against the United States or
allies and partners of the United States, including via
hybrid warfare.
(F) A realistic pathway forward, both short term (3 years)
and long term (10 years and beyond), for the United States to
compete with and outpace other countries in quantum
technology and quantum science in regard to national
security.
(3) Contents of initial report.--In addition to the matter
covered by paragraph (2), the first report submitted pursuant
to paragraph (1) shall include an annex on quantum
communication efforts that covers the following:
(A) The current state of United States national security
quantum communications technology and capabilities.
(B) A comparison of the national security quantum
communications technology and capabilities of the United
States compared to that of China, Russia, Iran, and such
other countries as the Secretary considers relevant.
(C) An immediate (2 years) and long-term (10 years and
beyond) plan--
(i) to close any gaps that may exist between national
security quantum communications technology and capabilities
of the United States and those of China, Russia, Iran, and
such other countries as the Secretary considers relevant; and
(ii) to outpace the quantum communications technology and
capabilities for China, Russia, Iran, and such other
countries as the Secretary considers relevant.
(4) Form.--Each report submitted pursuant to paragraph (1)
shall be submitted in classified form.
(5) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
(B) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Foreign Affairs,
and the Committee on Homeland Security of the House of
Representatives.
(d) Protection of National Security.--The Secretary shall
carry out this section in accordance with all applicable
provisions of law and policies relating to classified
information and national security.
(e) Rule of Construction.--Nothing in this section shall be
construed to require any action that is not consistent with a
provision of law or policy that was in effect on the day
before the date of the enactment of this Act.
TITLE LIII--OPERATION AND MAINTENANCE
Subtitle E--Other Matters
SEC. 5351. IMPROVEMENT OF FIREFIGHTER STAFFING SHORTAGES AT
MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense may offer
compensation for firefighters of the Department of Defense at
military installations that is competitive with surrounding
local jurisdictions in order to improve recruitment and
retention of such firefighters.
(b) Removal of Limitation on Contracting for
Firefighters.--Section 2465 of title 10, United States Code,
is amended--
(1) in the section heading, by striking ``firefighting
or''; and
(2) in subsection (a), by striking ``firefighting or''.
SEC. 5352. REPORT ON LIMITATIONS TO AGILE COMBAT EMPLOYMENT
MODEL AS A RESULT OF AGING OR INADEQUATE
INFRASTRUCTURE.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report analyzing
the readiness, status, and need for basic infrastructure of
locations intended for use of the Agile Combat Employment
model of the Department of the Air Force.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment by the Secretary of the gap between
available infrastructure at potential sites versus needed new
infrastructure for the successful rollout of the Agile Combat
Employment model.
(2) Challenges to developing needed pre-positioned
infrastructure at austere sites that could be a part of such
model, including a list of the types of support
infrastructure most urgently needed at potential sites that
would be set to employ such model.
(3) An assessment of the condition of existing maintenance
facilities that are able to conduct complex aircraft repair
at potential sites that would employ such model, the
resourcing required to repair such facilities, and
limitations to maintaining such facilities at austere
locations causing them to fall into disrepair.
(4) A description of logistical challenges presented by the
current status of infrastructure at austere locations with
moving equipment, spare parts, and personnel needed for the
successful deployment of such model.
TITLE LV--MILITARY PERSONNEL POLICY
Subtitle C--General Service Authorities and Military Records
SEC. 5521. CORRECTION OF NATIONAL GUARD ACTIVATION ORDERS AND
PERSONNEL RECORDS ASSOCIATED WITH CERTAIN
CONTINGENCY OPERATIONS.
(a) Identification of Affected Personnel.--Not later than
90 days after the date of the enactment of this Act, the
Secretary of Defense, in coordination with the Chief of the
National Guard Bureau and the Secretary of the Air Force,
shall identify members of the Air National Guard whose
activation orders, deployment records, pay, allowances, tax
documentation, or other personnel records were adversely
affected by transitions between named military operations
conducted during 2025 and 2026, including Operation Southern
Spear, Operation Absolute Resolve, Operation Spartan Shield,
and Operation Epic Fury.
(b) Correction of Records.--The Secretary of Defense shall
take such actions as may be necessary to--
(1) ensure that official military personnel records
accurately reflect the dates and locations of service
performed in support of each named operation, including
correct mission attribution records, deployment
documentation, operational duty-location records, and other
activation or mobilization records for personnel identified
pursuant to subsection (a);
(2) correct any pay, allowance, entitlement, tax-exclusion
eligibility, or debt-related discrepancies resulting from
inaccurate or incomplete activation or deployment records;
and
(3) ensure that no member experiences a loss of eligibility
for any Federal benefit, entitlement, or service-connected
determination, including benefits administered by the
[[Page S3963]]
Department of Veterans Affairs, as a result of inaccuracies
described in subsection (a).
(c) Report and Briefing.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report and provide
a briefing on the implementation of this section. Such report
shall include--
(1) the number of personnel identified under subsection
(a);
(2) the status of corrections made pursuant to subsection
(b);
(3) any unresolved issues affecting pay, allowances, tax
records, personnel records, deployment histories, or other
military records;
(4) an assessment of the factors that caused activation-
order discrepancies, personnel-record inaccuracies, pay and
entitlement errors, debt assessments, tax-reporting issues,
and other administrative deficiencies associated with
transitions between named military operations during 2025 and
2026, including Operation Southern Spear and Operation Epic
Fury;
(5) an assessment of any limitations within the Department
of Defense regulations, policies, personnel systems, orders-
management systems, funding authorities, or administrative
processes that contributed to such discrepancies and
deficiencies;
(6) a description of actions taken or planned to ensure
timely correction of activation orders, deployment records,
pay records, tax documentation, and other affected personnel
records; and
(7) an assessment of whether additional authorities are
required to ensure accurate and timely correction of National
Guard and Reserve activation and deployment records.
Subtitle E--Member Education, Training, and Transition
SEC. 5541. FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES
TRANSITIONING OUT OF ACTIVE DUTY SERVICE.
(a) Study; Education and Outreach Efforts.--
(1) Study.--The Secretary of Defense shall, in conjunction
with the Secretary of Veterans Affairs and other Federal
officials, as appropriate, conduct a study to identify the
means by which members of the Armed Forces are provided
information about the availability of Federal nutrition
assistance programs as they transition out of active duty
service.
(2) Education and outreach efforts.--The Secretary of
Defense, working with the Secretary of Veterans Affairs and
other Federal officials, as appropriate, shall increase
education and outreach efforts to members of the Armed Forces
who are transitioning out of active duty service,
particularly those members identified as being at-risk for
food insecurity, to increase awareness of the availability of
Federal nutrition assistance programs and eligibility for
those programs.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(A) submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the results of the study
conducted under paragraph (1); and
(B) publish such report on the website of the Department of
Defense.
(b) Working Group.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of Veterans Affairs and the Secretary of
Agriculture, shall establish a working group to address,
across the Department of Defense, the Department of Veterans
Affairs, and the Department of Agriculture, coordination,
data sharing, and evaluation efforts on underlying factors
contributing to food insecurity among members of the Armed
Forces transitioning out of active duty service (in this
subsection referred to as the ``working group'').
(2) Membership.--The working group be composed of--
(A) representatives from the Department of Defense, the
Department of Veterans Affairs, the Department of
Agriculture;
(B) other relevant Federal officials, including those
connected to veteran transition programs; and
(C) other relevant stakeholders as determined by the
Secretary of Defense, the Secretary of Veterans Affairs, and
the Secretary of Agriculture.
(3) Report.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the working group shall submit to
each congressional committee with jurisdiction over the
Department of Defense, the Department of Veterans Affairs,
and the Department of Agriculture a report on the
coordination, data sharing, and evaluation efforts described
in paragraph (1).
(B) Elements.--The report required by paragraph (1) shall
include the following:
(i) An accounting of the funding each department referred
to in subparagraph (A) has obligated toward research relating
to food insecurity among members of the Armed Forces or
veterans.
(ii) An outline of methods of comparing programs and
sharing best practices for addressing food insecurity by each
such department.
(iii) An outline of--
(I) the plan each such department has to achieve greater
government efficiency and cross-agency coordination, data
sharing, and evaluation in addressing food insecurity among
members transitioning out of the Armed Forces; and
(II) efforts that the departments can undertake to improve
coordination to better address food insecurity as it impacts
members during and after their active duty service.
(iv) An identification of--
(I) any legal, technological, or administrative barriers to
increased coordination and data sharing in addressing food
insecurity among members transitioning out of the Armed
Forces; and
(II) any additional authorities needed to increase such
coordination and data sharing.
(v) Any other information the Secretary of Defense, the
Secretary of Veterans Affairs, or the Secretary of
Agriculture determines to be appropriate.
Subtitle F--Military Family Readiness and Dependents' Education
SEC. 5551. DEPARTMENT OF DEFENSE BEST PRACTICES GUIDE FOR
FAMILY CHILD CARE HOMES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
publish a Department-wide best practices guide for
individuals seeking to establish and operate a Family Child
Care home on a military installation.
(b) Consultation Requirement.--In developing the guide
required under subsection (a), the Secretary of Defense shall
consult with military departments, military installations,
Family Child Care program administrators, and established
Family Child Care providers operating under successful Family
Child Care programs across the Department of Defense to
identify and incorporate best practices, lessons learned, and
approaches that have demonstrated success in expanding
participation and reducing barriers to establishing and
operating Family Child Care homes.
(c) Required Elements.--The guide required under subsection
(a) shall include, at a minimum--
(1) an overview of the process for becoming a certified
Family Child Care provider;
(2) standardized information regarding training,
inspections, background checks, licensing, and certification
requirements;
(3) guidance regarding available financial assistance,
startup support, subsidies, grants, and reimbursement
opportunities;
(4) information on liability coverage, safety standards,
and emergency preparedness requirements;
(5) recommendations for reducing administrative barriers to
establishing Family Child Care homes; and
(6) any additional information the Secretary determines
appropriate to support prospective Family Child Care
providers.
(d) Public Availability.--The Secretary shall make the
guide required under subsection (a) publicly available on an
internet website of the Department of Defense in a searchable
and accessible format for military families.
(e) Service-specific Appendices.--
(1) In general.--The Secretary of Defense shall encourage
the Secretaries of the military departments to publish and
maintain service-specific appendices accompanying the guide
required under subsection (a).
(2) Contents.--A service-specific appendix under paragraph
(1) may include--
(A) service-specific policies or procedures;
(B) installation-level best practices;
(C) information regarding unique operational requirements
or child care demands within the military department
concerned;
(D) guidance regarding military housing considerations
related to Family Child Care homes; and
(E) points of contact and resources specific to the
military department concerned.
(f) Briefing.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Defense shall
provide a briefing to the congressional defense committees
regarding--
(1) actions taken to implement this section;
(2) efforts to improve awareness of Family Child Care
opportunities among military spouses and families;
(3) barriers identified in the establishment of Family
Child Care homes; and
(4) recommendations for legislative or administrative
action to improve military child care capacity.
SEC. 5552. REPORT ON STAFFING SHORTAGES IN PERSONNEL
SUPPORTING MILITARY FAMILIES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
staffing shortages among social workers, counselors, and
family advocacy personnel who provide assistance to military
families.
(b) Elements.--The report required by subsection (a) shall
include--
(1) a description of the actions being taken by the
Department of Defense as of the date of the report to address
shortages described in subsection (a);
(2) an assessment of how the Department can improve efforts
to address such shortages; and
(3) a description of the challenges the Department faces
when a military family subject to child abuse proceedings
moves across State lines, including with respect to--
(A) transferring records; and
(B) the sharing of information between--
(i) the Department and State child welfare agencies; and
[[Page S3964]]
(ii) the commander concerned before the relocation of the
family and the commander concerned after that relocation.
Subtitle H--Decorations and Other Awards, Miscellaneous Reports, and
Other Matters
SEC. 5581. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED-
SERVICE CROSS TO JAMES O. RATLIFF FOR ACTS OF
VALOR IN THE REPUBLIC OF VIETNAM.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 7274 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the Secretary of the Army may award the
Distinguished-Service Cross under section 7272 of such title
to James O. Ratliff for the acts of valor in the Republic of
Vietnam described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of James O. Ratliff on June
18, 1968, during a combat mission near the village of Ap Go
Cong, Republic of Vietnam.
TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle C--Commissary and Exchange Benefits
SEC. 5621. PILOT PROGRAM TO PROVIDE COUPONS TO JUNIOR
ENLISTED MEMBERS TO PURCHASE FOOD AT
COMMISSARIES.
(a) In General.--The Secretary of Defense may conduct a
pilot program to assess the efficacy of providing junior
enlisted members of the Armed Forces a monthly coupon for use
in procuring food at commissaries.
(b) Selection of Installations.--
(1) In general.--The Secretary may conduct the pilot
program authorized by subsection (a) at 2 military
installations.
(2) Considerations.--In selecting installations for the
pilot program authorized by subsection (a), the Secretary
shall consider installations with--
(A) large numbers of enlisted members who live in
unaccompanied housing;
(B) the largest ratios of enlisted members to commissioned
officers;
(C) unaccompanied housing that provides access to
functioning kitchens that residents may use to prepare meals;
(D) commissaries that are experimenting with or expanding
their selection of nutritious and minimally processed ready-
made and easy-to-make food options;
(E) low rates of attendance at dining facilities;
(F) low customer satisfaction ratings for dining
facilities, including installations with complaints about
dining facilities submitted through the Interactive Customer
Evaluation system of the Department of Defense; and
(G) commissaries located within easily accessible distances
from unaccompanied housing.
(c) Coupons.--
(1) Amount.--The Secretary may determine the amount of the
coupons to be provided under the pilot program authorized by
subsection (a).
(2) Use.--
(A) In general.--A coupon provided under the pilot program
authorized by subsection (a) may be used only to purchase
food at commissaries.
(B) Exclusions.--A coupon provided under the pilot program
authorized by subsection (a) may not be used--
(i) to purchase alcoholic beverages or tobacco; or
(ii) to pay any deposit fee in excess of the amount of the
State fee reimbursement (if any) required to purchase any
food or food product contained in a returnable bottle or can,
without regard to whether the fee is included in the shelf
price posted for the food or food product.
(3) Supplement to other food assistance.--A coupon provided
to a member under the pilot program authorized by subsection
(a) shall be supplement and not supplant--
(A) the basic allowance for subsistence under section 402
of title 37, United States Code; and
(B) any program to provide meals or rations in kind for
which the member is eligible.
(d) Duration of Pilot Program.--The pilot program
authorized by subsection (a) shall terminate not later than
one year after the pilot program commences.
(e) Report Required.--
(1) In general.--Not later than 90 days after the
termination under subsection (d) of the pilot program
authorized by subsection (a), the Secretary of Defense shall
submit to the congressional defense committees a report
detailing the results of the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) The use of coupons by members who received coupons
under the pilot program.
(B) The satisfaction of and feedback from such members
relating to the coupons.
(C) The impact of providing the coupons on--
(i) the rates at which such members used commissaries; and
(ii) the rates at which such members used dining facilities
on their installations.
(D) Historical rates of use of dining facilities on
installations and historical customer satisfaction metrics
for such facilities, including the number of complaints with
respect to such facilities submitted through the Interactive
Customer Evaluation system of the Department of Defense.
(E) The efficacy of the pilot program in--
(i) reducing food insecurity rates among junior enlisted
members;
(ii) increasing the availability of nutritious food options
for such members at commissaries; and
(iii) increasing the availability of nutritious food
options for such members generally, including such members
living in unaccompanied housing.
(f) Definitions.--In this section:
(1) Coupon.--The term ``coupon'' means a voucher or
monetary benefit for a member of the Armed Forces that may be
used only at a commissary for the purchase of food.
(2) Food.--The term ``food'' means any food or food product
intended for home consumption, including a ready-made food
item.
TITLE LVII--HEALTH CARE
Subtitle D--Reports and Other Matters
SEC. 5761. REPORT AND BRIEFING ON IMPACT OF MILITARY SEXUAL
TRAUMA AND INTIMATE PARTNER VIOLENCE ON
SUICIDAL IDEATION AND SUICIDE FOR MEMBERS OF
THE ARMED FORCES AND VETERANS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in consultation with the Secretary of Defense, shall submit
to the Committee on Armed Services of the Senate, the
Committee on Veterans' Affairs of the Senate, the Committee
on Armed Services of the House of Representatives, and the
Committee on Veterans' Affairs of the House of
Representatives and publish on a publicly available website a
report, and provide to such committees a briefing, on how
experiencing military sexual trauma or intimate partner
violence affects the risk of suicidal ideation and suicide
for members of the Armed Forces and veterans.
(b) Incorporation Into Clinical Practice Guidelines.--Not
later than one year after the publication of the report
required by subsection (a), the Secretary of Defense and the
Secretary of Veterans Affairs shall incorporate findings on
military sexual trauma and intimate partner violence,
including the results of the report, as risk factors for
suicide and suicidal ideation into the Department of Veterans
Affairs/Department of Defense Clinical Practice Guidelines
for Assessment and Management of Patients At Risk For
Suicide, or similar successor guidelines.
SEC. 5762. ESTABLISHMENT OF ANTIVENOM BANK.
Not later than 180 days after the date of the enactment of
this Act, the Commanding General of the Medical Research and
Development Command of the Army shall establish and maintain
an antivenom bank.
SEC. 5763. CODIFICATION OF AUTHORITY FOR JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
(a) In General.--Chapter 55 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1110c. Joint Medical Facility Demonstration Fund
``(a) Establishment.--There is established on the books of
the Treasury under the Department of Veterans Affairs a fund
to be known as the `Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund' (in
this section referred to as the `Fund' ).
``(b) Use of Amounts.--Amounts in the Fund shall be used to
facilitate the joint funding of designated combined Federal
medical facilities of the Department of Defense and the
Department of Veterans Affairs.
``(c) Transfers to Fund.--
``(1) In general.--Amounts may be transferred to the Fund
by the Secretary of Defense only from amounts first
authorized and appropriated on and after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2027 for the Department of Defense and by the
Secretary of Veterans Affairs only from amounts first
authorized and appropriated on and after such date for the
Department of Veterans Affairs, as determined by a
methodology jointly established by the Secretary of Defense
and the Secretary of Veterans Affairs that reflects the
mission-specific activities, workload, and costs of provision
of health care at the facilities of the Department of Defense
and the Department of Veterans Affairs, respectively.
``(2) Transfers of amounts from medical care collections.--
Amounts may be transferred to the Fund from medical care
collections under the following authorities for health care
provided at designated combined Federal medical facilities of
the Department of Defense and the Department of Veterans
Affairs:
``(A) Section 1095 of this title.
``(B) Section 1729 of title 38.
``(C) The Act entitled `An Act to provide for the recovery
from tortiously liable third persons of the cost of hospital
and medical care and treatment furnished by the United
States' (Public Law 87-693; 42 U.S.C. 2651 et seq.; commonly
known as the `Federal Medical Care Recovery Act').''.
``(d) Availability of Amounts in Fund.--
``(1) In general.--Amounts transferred to the Fund under
subsection (c) shall be available to fund the operations of
designated combined Federal medical facilities of the
Department of Defense and the Department of Veterans Affairs,
including capital equipment, real property maintenance, and
minor
[[Page S3965]]
construction projects that are not required to be
specifically authorized by law under section 2805 of this
title or section 8104 of title 38.
``(2) Captain james a. lovell federal health care center.--
Amounts transferred to the Fund by the Secretary of Defense
under subsection (c) may be used for facility operations of
the Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical
Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
``(3) Limitation.--The availability of amounts transferred
to the Fund under subsection (c)(2) shall be subject to the
provisions of section 1729A of title 38.
``(4) Period of availability.--
``(A) In general.--Except as provided in subparagraph (B),
amounts transferred to the Fund under subsection (c) shall
remain available under this subsection until the end of the
first fiscal year beginning after the date of the transfer.
``(B) Exception.--Of the amount transferred to the Fund
under subsection (c) in a fiscal year, an amount not to
exceed two percent of such amount shall remain available
under this subsection until the end of the second fiscal year
beginning after the date of the transfer.
``(e) Executive Agreement.--
``(1) Fund administration.--
``(A) In general.--The Fund shall be administered in
accordance with an executive agreement between the Secretary
of Defense and the Secretary of Veterans Affairs.
``(B) Guidelines.--The executive agreement under
subparagraph (A) shall be consistent with section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500) and shall
provide for an independent review of the methodology
established under subsection (c)(1).
``(2) Financial reconciliation.--
``(A) In general.--The executive agreement between the
Secretary of Defense and the Secretary of Veterans Affairs
under paragraph (1)(A) shall provide for the development and
implementation of an integrated financial reconciliation
process that meets the fiscal reconciliation requirements of
the Department of Defense and the Department of Veterans
Affairs.
``(B) Identification of contributions.--The process under
subparagraph (A) shall permit the Department of Defense and
the Department of Veterans Affairs to identify their fiscal
contributions to the Fund, taking into consideration
accounting, workload, and financial management
differences.''.
(b) Conforming Repeal.--Section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2571), as most recently amended by section
1421 of the Servicemember Quality of Life Improvement and
National Defense Authorization Act for Fiscal Year 2025
(Public Law 118-159; 138 Stat. 2129), is repealed.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to the
Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate and the Committee on Veterans'
Affairs and the Committee on Appropriations of the House of
Representatives a report indicating medical facilities of the
Department of Defense or the Department of Veterans Affairs
that either Secretary, or both, considers appropriate to be
designated as combined Federal medical facilities of the
Department of Defense and the Department of Veterans Affairs.
SEC. 5764. TECHNICAL CORRECTION TO STRIKE SECTION 704.
Section 704 of division A is hereby deemed to be stricken
from this Act.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 5811. SPECIFIC PERFORMANCE FOR DELIVERY OF CERTAIN
INFORMATION UNDER DEFENSE CONTRACTS.
(a) Chapter 281 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 3865. Specific performance for delivery of certain
information under defense contracts
``(a) Authority.--The Federal Government may bring an
action arising under a covered legal instrument entered into
by the Department of Defense in an appropriate district court
of the United States for an order of specific performance
requiring delivery of covered information in such format and
manner as the court determines appropriate and necessary. In
any such action, the court may determine the scope of the
Federal Government's rights in the covered information and
may order the correction or removal of any nonconforming or
improper markings on such information.''.
``(b) Conditions.--An action under subsection (a) may be
brought only if, with respect to covered information required
to be delivered under the covered legal instrument, the
contractor with which the Federal Government entered into the
covered legal instrument has not delivered, or refuses to
deliver, the covered information within 30 days of receipt of
a final decision issued by a contracting officer under
section 7103 of title 41 that requires the delivery of such
information to the Federal Government.
``(c) Effect of Appeal.--The pendency of any appeal, claim,
or action by the contractor challenging or seeking review of
the contracting officer's final decision under section 7103
of title 41, shall not preclude, stay, enjoin, or otherwise
affect an action brought by the Federal Government under this
section.
``(d) Definitions.--In this section:
``(1) The term `covered information' means information that
is required by a covered legal instrument to be delivered or
otherwise provided to the Federal Government, and includes,
incorporates, or embodies intellectual property, technical
data, computer software, or computer software documentation.
``(2) The term `covered legal instrument' means a contract,
agreement, or other legal instrument.
``(3) The terms `deliver', `delivery', and `delivering'
include furnishing, providing, or making available in any
manner whatsoever.''.
SEC. 5812. PILOT PROGRAM TO IMPROVE EVALUATION AND TRANSITION
OF UNSOLICITED DEFENSE CAPABILITY PROPOSALS.
(a) Establishment of Pilot Program.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense shall establish a pilot program to
improve the intake, evaluation, and disposition of
unsolicited proposals submitted to the Department of Defense.
(b) Elements.--The pilot program required under subsection
(a) shall include, at a minimum, the following:
(1) A common electronic means for submission of unsolicited
proposals to the Department of Defense.
(2) Standardized guidance regarding the information
required for review of such proposals.
(3) A requirement that the Department provide to an
offeror--
(A) notice of whether the proposal is complete not later
than 30 days after receipt; and
(B) a written disposition of the proposal, including a
brief explanation of the basis for rejection, referral, or
further consideration, not later than 90 days after the
proposal is determined to be complete.
(4) Procedures to ensure that, when an unsolicited proposal
is not appropriate for award or negotiation under subpart
15.6 of the Federal Acquisition Regulation, the proposal is
considered for referral, as appropriate, to another
acquisition pathway, including--
(A) a broad agency announcement;
(B) a commercial solutions opening or similar competitive
solicitation;
(C) a prize or challenge competition;
(D) a Small Business Innovation Research or Small Business
Technology Transfer topic, where appropriate; or
(E) market research or other consideration by a relevant
program office.
(5) Procedures to protect proprietary data and restrict
disclosure consistent with applicable law and regulation.
(c) Priority Consideration.--In carrying out the pilot
program, the Secretary shall provide priority consideration
to unsolicited proposals that the Secretary determines may
materially improve--
(1) production capacity;
(2) supply chain resilience;
(3) repair, maintenance, or sustainment capability;
(4) domestic manufacturing capability;
(5) cyber resilience; or
(6) cost or schedule performance for an existing or
anticipated defense requirement.
(d) Briefing and Report.--
(1) Not later than 180 days after the establishment of the
pilot program, the Secretary shall brief the congressional
defense committees on the implementation of the pilot
program.
(2) Not later than 1 year after the date on which the pilot
program is established, and annually thereafter for three
years, the Secretary shall submit to the congressional
defense committees a report on the pilot program, including--
(A) the number of unsolicited proposals received;
(B) the average time required for disposition;
(C) the number of proposals rejected, referred, or advanced
for negotiation or award;
(D) the number of proposals transitioned to another
acquisition pathway; and
(E) participation data, to the extent practicable,
regarding small business concerns, nontraditional defense
contractors, and mid-tier contractors.
(e) Rule of Construction.--Nothing in this section shall be
construed to alter the requirements of subpart 15.6 of the
Federal Acquisition Regulation regarding the award of a
contract based on an unsolicited proposal or to authorize the
award of a sole-source contract in violation of otherwise
applicable law.
SEC. 5813. PROHIBITION ON THE PROCUREMENT AND OPERATION OF
COVERED UNMANNED GROUND VEHICLE SYSTEMS.
(a) Definitions.--In this section:
(1) Covered nation.--The term ``covered nation'' has the
meaning given the term in section 4872(f) of title 10, United
States Code.
(2) Covered foreign entity.--The term ``covered foreign
entity'' means an entity that is--
(A) domiciled in a covered nation;
[[Page S3966]]
(B) subject to the influence or control of the government
of a covered nation, as determined by the Secretary of
Defense; or
(C) a subsidiary or affiliate of an entity described in
subparagraph (A) or (B).
(3) Covered unmanned ground vehicle system.--The term
``covered unmanned ground vehicle system'' means an unmanned
ground vehicle system manufactured or assembled by a covered
foreign entity.
(4) Unmanned ground vehicle system.--The term ``unmanned
ground vehicle system'' means a system that includes--
(A) a mechanical device, including a remote surveillance
vehicle, autonomous patrol technology, mobile robotics, or a
humanoid robot, that--
(i) is capable of locomotion, navigation, or movement on
the ground; and
(ii) operates at a distance from a human operator or
supervisor based on commands or in response to sensor data or
any combination thereof;
(B) the payload of the mechanical device described in
subparagraph (A); and
(C) any external device used to control the mechanical
device described in subparagraph (A).
(b) Prohibition on Procurement of Covered Unmanned Ground
Vehicle Systems.--Except as provided under subsection (e),
the Department of Defense may not procure any covered
unmanned ground vehicle system.
(c) Prohibition on Operation of Covered Unmanned Ground
Vehicle Systems.--
(1) In general.--Except as provided in subsection (e),
beginning on the date that is one year after the date of the
enactment of this Act, the Department of Defense may not
operate a covered unmanned ground vehicle system.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered unmanned ground
vehicle system being used by the Department of Defense
through a contract for the services of the covered unmanned
ground vehicle system.
(d) Prohibition on Use of Federal Funds for Procurement or
Operation of Covered Unmanned Ground Vehicle Systems.--Except
as provided in subsection (e), beginning on the date that is
one year after the date of the enactment of this Act, no
Federal funds awarded through a contract, grant, or
cooperative agreement of the Department of Defense, or
otherwise made available by the Department, may be used to
procure or in connection with the operation of a covered
unmanned ground vehicle system.
(e) Exemption to Prohibitions.--The Department of Defense
is exempt from the prohibitions under subsections (b), (c),
and (d) if--
(1) the procurement or operation of the covered unmanned
ground vehicle system is in the national interest of the
United States; and
(2)(A) the sole purpose for the procurement or operation
is--
(i) research, evaluation, training, testing, or analysis
for electronic warfare, information warfare operations,
cybersecurity, or the development of unmanned ground vehicle
system or counter-unmanned ground vehicle system technology;
or
(ii) conducting counter-terrorism or counterintelligence
activities, protective missions, or Federal criminal or
national security investigations, including forensic
examinations; or
(B) the covered unmanned ground vehicle system, as procured
or as modified after procurement but before operational use--
(i) can no longer transfer data to, or download data from,
a covered foreign entity; and
(ii) poses no national security cybersecurity risk as
determined by the Secretary of Defense.
Subtitle C--Industrial Base Matters
SEC. 5831. JOB CORPS SHIPBUILDING-DEFENSE INDUSTRIAL BASE
PIPELINE ACT OF 2026.
(a) Alignment of Job Corps With the Defense Industrial
Base.--
(1) In general.--The National Imperative for Industrial
Skills program of the Department of Defense (or a successor
program) shall maximize the use of and expand on the
activities of Job Corps centers and registered apprenticeship
programs to train the skilled industrial workers that are
needed in the defense industrial base.
(2) Referral of military recruits to job corps.--Military
recruiters shall make each military recruit who is ineligible
to enlist in the military as a result of the requirements of
section 520 of title 10, United States Code, aware of the
opportunity to enroll in Job Corps and registered
apprenticeship programs in order to meet the standards for
enlistment or learn skills that can contribute to the defense
industrial base.
(3) Job corps trade realignment.--In order to address
shortages of skilled industrial workers in the defense
industrial base, the Secretary of Defense may, through the
National Imperative for Industrial Skills program (or a
successor program) and grants accepted by the Secretary of
Labor on behalf of a Job Corps center as provided in
accordance with section 158(f) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3208(f)), support the change
of trades offered at a Job Corps center, including at a Job
Corps transition hub at an existing center or at a new site
in close proximity to a shipyard or other defense industrial
base suppliers, to align with the needs of the defense
industrial base, including through investments in curricula
development, equipment, and facilities.
(4) Definitions.--For purposes of this subsection:
(A) Enrollee; job corps; job corps center.--The terms
``enrollee'', ``Job Corps'', and ``Job Corps center'' have
the meanings given such terms in section 142 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3192).
(B) Job corps center operator.--The term ``Job Corps center
operator'' has the meaning given the term ``operator'' in
such section of such Act.
(C) Job corps transition hub.--The term ``Job Corps
transition hub'' means an advanced career training program
under section 148 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3198) that facilitates the onboarding and
retention of enrollees into successful careers in in-demand
industry sectors or occupations and registered apprenticeship
programs.
(D) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program that is registered under the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(b) Extension of Shipbuilding Special Incentive to the Job
Corps.--Section 8696 of title 10, United States Code, is
amended--
(1) in subsection (b)(2), by adding at the end the
following:
``(G) The Job Corps program established under section 143
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3193) or an individual Job Corps center operator as defined
in section 142 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3192).''; and
(2) in subsection (c)(2), by adding at the end the
following:
``(H) Support for the statutory purposes of the Job Corps
program established under section 143 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3193).''.
(c) Job Corps Conforming Reforms.--
(1) Success in military recruitment as a graduate of job
corps.--Section 142(5) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3192(5)) is amended by inserting
``enlisted in the military with a score on the Armed Forces
Qualification Test that is above the thirty-first
percentile,'' before ``or completed''.
(2) Grants to job corps centers.--Section 158(f) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3208(f))
is amended--
(A) by striking the heading and inserting ``External
Funding'';
(B) by striking ``The Secretary may accept on behalf of the
Job Corps or individual Job Corps centers charitable
donations of cash'' and inserting the following:
``(1) In general.--The Secretary (or the Secretary of
Agriculture, as appropriate), on behalf of the Job Corps, or
a Job Corps center operator, on behalf of such center, may
accept grants and charitable donations of cash'';
(C) by inserting ``grants and'' before ``donations are'';
(D) by striking ``available for appropriate use'' and
inserting ``used exclusively''; and
(E) by adding at the end the following:
``(2) Transfer of property.--Notwithstanding sections
501(b) and 522 of title 40, United States Code, any property
acquired by a Job Corps center shall be directly transferred,
on a nonreimbursable basis, to the Secretary.
``(3) Prohibition of offset using external funding.--An
operator that accepts a grant or charitable donation under
paragraph (1) may not use the grant or charitable donation to
fulfill the cost of any obligation imposed on the operator
under an agreement under section 147.
``(4) Prohibition on restrictions for job corps
placement.--A grant or charitable donation under paragraph
(1) may not include terms that restrict the placement or
employment options of an enrollee or graduate.
``(5) Public reporting.-- The Secretary shall publicly
disclose on annual basis a list of grants and charitable
donations received under paragraph (1), which shall include
the amount and source of each grant or charitable donation
and the Job Corps center that was designated as the
beneficiary of each grant or charitable donation.''.
(3) Local authority to realign trades.--Section 151 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3201) is
amended by adding at the end the following:
``(d) Local Authority.--Subject to the limitations of the
budget approved by the Secretary for a Job Corps center, the
operator of a Job Corps center shall have the authority,
without prior approval from the Secretary, to--
``(1) hire staff and provide staff professional
development;
``(2) set terms and enter into agreements with Federal,
State, or local educational partners, such as secondary
schools, institutions of higher education, child development
centers, units of Junior Reserve Officers' Training Corps
programs established under section 2031 of title 10, United
States Code, or employers; and
``(3) engage with and educate stakeholders (including
eligible applicants for the Job Corps) about Job Corps
operations, selection procedures, and activities.''.
(4) Streamlined enrollment of veterans and military
recruits into the defense industrial base.--
[[Page S3967]]
(A) In general.--Subsection (b) of section 144 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3194) is
amended--
(i) in the heading, by inserting ``and Certain Other Armed
Forces Members'' after ``Veterans''; and
(ii) in the matter preceding paragraph (1), by inserting
``or a member of the Armed Forces eligible for pre-separation
counseling of the Transition Assistance Program under section
1142 of title 10, United States Code,'' after ``a veteran''.
(B) Background check exemption.--Section 145(b) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3195(b))
is amended--
(i) in paragraph (1)(C), by inserting ``except with respect
to an individual described in paragraph (4),'' before ``the
individual''; and
(ii) by adding at the end the following:
``(4) Individuals exempted from background check.--An
individual described in this paragraph is--
``(A) an individual who is--
``(i)(I) a member of the Armed Forces eligible for pre-
separation counseling of the Transition Assistance Program
under section 1142 of title 10, United States Code; or
``(II) a veteran who left the Armed Forces not more than 90
days before the date on which the veteran applies to enroll
in the Job Corps; and
``(ii) not ineligible for retired pay as provided by
section 12740 of title 10, United States Code; or
``(B) a military recruit who--
``(i) is ineligible to enlist in the military as a result
of the requirements of section 520 of title 10, United States
Code; and
``(ii) not more than 90 days before the date on which the
recruit applies to enroll in the Job Corps, passed a
background check as part of the enlistment process.''.
SEC. 5832. REGULATIONS APPLICABLE TO WEARING OPTIONAL COMBAT
BOOTS.
(a) In General.--Not later than three years after the date
of the enactment of this section, the Secretary of Defense
shall issue regulations, to take effect not more than one
year after issuance, to prohibit any member of the Armed
Forces who joins the Armed Forces after the date the
regulations are issued from wearing optional combat boots as
part of a required uniform unless the optional combat boots
are entirely manufactured in the United States and entirely
made of--
(1) materials grown, reprocessed, reused, or produced in
the United States; and
(2) components that are manufactured entirely in the United
States and entirely made of materials described in paragraph
(1).
(b) Waiver.--The requirements of subsection (a) may be
waived if a member of the Armed Forces provides a medical
justification authorized by the commanding officer of such
member to wear optional combat boots as part of a required
uniform.
(c) Exception.--The requirements of subsection (a) shall
not apply to a member of the Armed Forces within a combat
arms military occupational specialty who is in a deployed
status.
(d) Definitions.--In this section:
(1) The term ``optional combat boots'', with respect to a
member of the Armed Forces, means combat boots not furnished
to such member of the Armed Forces by the Secretary of
Defense.
(2) The term ``required uniform'' means a uniform a member
of the Armed Forces is required to wear as a member of the
Armed Forces.
TITLE LX--GENERAL PROVISIONS
Subtitle B--Naval Vessels
SEC. 6011. PRIORITIZATION AND BRIEFING ON READY RESERVE FORCE
MODERNIZATION.
(a) Prioritization of Design Requirements.--The Secretary
of the Navy and the Secretary of Transportation shall
prioritize the finalization of design requirements for new
Ready Reserve Force vessels.
(b) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Navy,
in coordination with the Secretary of Transportation, shall
provide a briefing to the appropriate congressional
committees on the following:
(1) The status of the sealift vessel design being developed
pursuant to section 3546 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (46 U.S.C.
57100 note).
(2) The plan and timeline for establishing a vessel
construction manager program for Ready Reserve Force new
construction, including--
(A) the anticipated procurement strategy;
(B) the vessel construction manager selection process; and
(C) criteria for shipyard selection.
(3) The funding profile required to execute the 10-ship
newbuild program authorized under section 2218(f) of title
10, United States Code, phased by fiscal year.
(4) The relationship between the newbuild program and the
ongoing used vessel procurement program, including how those
programs will be managed in parallel to maintain Ready
Reserve Force readiness during the transition period.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives.
(2) Ready reserve force.--The term ``Ready Reserve Force''
has the meaning given that term in chapter 571 of title 46,
United States Code.
SEC. 6012. PILOT PROGRAM ON USE OF ADDITIVE AND ADVANCED
MANUFACTURING TO SUPPORT NAVAL SHIPBUILDING.
(a) Establishment.--The Secretary of the Navy shall conduct
a pilot program through which the Secretary shall expand the
use of additive manufacturing and advanced manufacturing
technologies to address supply chain constraints, production
delays, and part shortages affecting naval shipbuilding and
ship repair.
(b) Design of Pilot.--The Secretary shall design the pilot
program to--
(1) identify shipbuilding components, replacement parts,
tooling, fixtures, and other items that are constrained by
limited suppliers, long lead times, obsolete production
methods, or foreign dependence;
(2) evaluate the use of additive manufacturing and advanced
manufacturing to produce such items in a manner that meets
applicable Navy technical, safety, cybersecurity, quality
assurance, and certification requirements;
(3) reduce schedule delays in ship construction,
maintenance, and repair caused by shortages of parts or
production capacity;
(4) strengthen domestic manufacturing capacity for naval
shipbuilding; and
(5) support the development of qualification standards and
repeatable certification pathways for additive manufactured
shipbuilding components.
(c) Implementation.--In carrying out the pilot program, the
Secretary shall--
(1) select not fewer than three classes of naval vessels
for participation in the pilot program;
(2) prioritize components and parts that have demonstrated
supply chain constraints, production bottlenecks, or
recurring availability issues;
(3) partner with public shipyards, private shipbuilders,
suppliers, and other entities within the domestic
shipbuilding industrial base;
(4) support University Affiliated Research Centers,
federally funded research and development centers, and other
qualified technical organizations with expertise in additive
manufacturing, advanced manufacturing, materials science, and
industrial base modernization;
(5) establish procedures for testing, qualification, and
certification of additive manufactured parts for naval use;
and
(6) ensure that any technical data, digital models, or
manufacturing processes developed under the pilot program are
managed to support long-term Navy sustainment and avoid
vendor lock-in.
(d) UARC Support.--The Secretary may enter into agreements
with University Affiliated Research Centers to provide
technical support for the pilot program, including support
for--
(1) identifying candidate parts and components suitable for
additive or advanced manufacturing;
(2) developing manufacturing processes and qualification
standards;
(3) conducting materials testing and performance
validation;
(4) assessing cybersecurity risks associated with digital
manufacturing files and production systems;
(5) supporting workforce development and training for
additive manufacturing in the naval shipbuilding industrial
base; and
(6) advising the Navy on how to scale successful
technologies across shipbuilding and ship repair programs.
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the
implementation of the pilot program, including--
(1) the ship classes, shipyards, and industrial base
partners participating in the pilot program;
(2) the categories of parts or components selected for
additive manufacturing or advanced manufacturing;
(3) the extent to which the pilot program has reduced lead
times, production delays, costs, or supplier constraints;
(4) any barriers to qualification, certification,
cybersecurity, intellectual property, or technical data
rights;
(5) the role of University Affiliated Research Centers and
other technical organizations in supporting the pilot
program; and
(6) recommendations for expanding the use of additive and
advanced manufacturing across naval shipbuilding and ship
repair.
(f) Duration.--The authority under this section shall
terminate on December 31, 2032.
Subtitle E--Studies and Reports
SEC. 6021. REPORT ON NATIONAL SECURITY IMPLICATIONS OF
DOMESTIC SUPPLY AND USE OF CRITICAL CHEMICALS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report assessing the national
security implications of the domestic supply and use of
critical chemicals that support petroleum refining and
related industrial processes.
(b) Elements.--The report required by subsection (a) shall
include, at a minimum, the following:
[[Page S3968]]
(1) An assessment of the domestic production capacity and
supply chain for critical chemicals used in petroleum
refining and related manufacturing processes, and
identification of any significant irreplaceability and
dependencies on foreign sources or single-supplier
vulnerabilities.
(2) An evaluation of the role such chemicals play in
supporting the defense industrial base, including their
contribution to the production of fuels, materials, and other
inputs necessary for military operations and defense
manufacturing.
(3) An analysis of the extent to which domestic refining
capacity supporting military fuel requirements relies on
processes utilizing such chemicals, and the potential
operational or logistical impacts to the Department of
Defense if the availability or use of such chemicals were
significantly constrained.
(4) An assessment of risks to the infrastructure and supply
chains associated with the production, storage, and
transportation of such chemicals, including physical
security, cyber threats, and other potential disruption
scenarios.
(5) Recommendations for actions the Department of Defense
and other relevant Federal agencies could take to mitigate
risks to the supply of such chemicals, including
consideration of strategic stockpiling, diversification of
supply sources, or other measures to strengthen the
resilience of the defense industrial base.
(c) Critical Infrastructure Protection.--Information
provided by private sector entities for purposes of preparing
the report required by subsection (a) shall be treated as
protected critical infrastructure information under the
Critical Infrastructure Information Act of 2002 (6 U.S.C. 671
et seq.) and shall be exempt from disclosure under section
552 of title 5, United States Code (commonly known as the
``Freedom of Information Act'').
(d) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form but shall include a
classified annex.
(2) Matters for unclassified portion.--The unclassified
portion of the report required by subsection (a) shall focus
on high-level strategic risks and policy recommendations,
ensuring that no information is released that could
jeopardize the operational security of the domestic
industrial base, including specific refining companies.
(3) Matters for classified annex.--Any site-specific
vulnerability assessments, granular production capacities of
individual refineries, or detailed transportation route
mappings for hazardous chemicals shall be included only in
the classified annex required by paragraph (1).
SEC. 6022. REPORT ON REQUIREMENTS FOR CASUALTY NOTIFICATION
OFFICERS AND CASUALTY ASSISTANCE OFFICERS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Deputy Secretary of Defense,
working in conjunction with the Secretaries of the military
departments, shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
assessing policies, training requirements, and certification
standards governing the casualty notification officers and
casualty assistance officers of each Armed Force.
(b) Elements.--The report required by subsection (a)
shall--
(1) identify opportunities to improve training,
standardization, and oversight of officers described in that
subsection; and
(2) make recommendations with respect to mechanisms for the
Department of Defense to solicit and receive voluntary
feedback from surviving family members to help inform
continuous improvement of casualty notification and
assistance programs.
SEC. 6023. PORT SHUAIBA DRONE ATTACK INSPECTOR GENERAL
REPORT.
(a) Inspector General Report.--Not later than 180 days
after the date of the enactment of this Act, the Inspector
General of the Department of Defense shall submit to the
congressional defense committees a report on the March 1,
2026, Iranian drone attack on United States forces in Port
Shuaiba, Kuwait, and its aftermath.
(b) Elements.--The report submitted under subsection (a)
shall include, with respect to events occurring shortly
before and after the attack described in such subsection and
related matters, the following:
(1) A description of the reason for moving members of the
103rd Sustainment Command (Expeditionary) to Port Shuaiba.
(2) A description of medical supplies provided by the Army
to the 103rd Sustainment Command (Expeditionary), including
whether any requests for supplies were denied.
(3) A description of actions taken to ensure the physical
security of the Port Shuaiba facility.
(4) A timeline of the attack described in subsection (a).
(5) A review of medical care provided to members of the
Armed Forces injured in the attack described in subsection
(a), including whether they received proper diagnoses and
medical care for injuries such as traumatic brain injuries.
(6) An evaluation of whether Department of Defense
statements concerning the attack described in subsection (a)
and medical care provided to members of the Armed Forces
injured in the attack were consistent with information
provided to the public by the Department of Defense.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 6024. ASSESSMENT OF NUCLEAR, CHEMICAL AND BIOLOGICAL
MEDICAL COUNTERMEASURES.
(a) In General.--Not later than March 31, 2027, the
Secretary of Defense shall submit to the congressional
defense committees an assessment of the establishment of a
governance structure for coordinating the development of
national security-related medical countermeasures, similar to
the Operation Warp Speed Program, for nuclear, chemical and
biological medical countermeasures.
(b) Elements.--The report required under subsection (a)
should include--
(1) recommendations to strengthen and improve the current
medical countermeasure capabilities, authorities, and command
structures of the Department of Defense;
(2) recommendations to improve and formalize interagency
coordination, support mechanisms, and supply chains necessary
for a robust national security medical countermeasure
enterprise; and
(3) any other matters the Secretary of Defense determines
necessary.
Subtitle G--Other Matters
SEC. 6031. PUBLIC DISCLOSURE OF VEHICLE AND AIRCRAFT MANIFEST
INFORMATION.
(a) In General.--Section 431 of the Tariff Act of 1930 (19
U.S.C. 1431) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Each of the following shall have a
manifest that complies with the requirements prescribed under
subsection (d):
``(1) Every vessel required to make entry under section 434
or obtain clearance under section 60105 of title 46, United
States Code.
``(2) Every aircraft required to make entry and obtain
clearance under section 644(a).
``(3) Every commercial vehicle arriving in or departing
from the United States that is--
``(A) transporting merchandise for importation into or
exportation from the United States; and
``(B) required to transmit advance electronic information
under section 343(a) of the Trade Act of 2002 (19 U.S.C.
1415(a)).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``subparagraph (2)'' and all that follows through ``public
disclosure'' and inserting ``paragraph (2) or (3), when
included in a vessel, vehicle, or aircraft manifest, the
following information shall be available for public
disclosure'';
(ii) in subparagraph (D), by striking ``vessel, aircraft,
or carrier'' and inserting ``vessel, vehicle, or aircraft'';
and
(iii) by striking subparagraphs (E) and (F) and inserting
the following:
``(E) In the case of a vessel or aircraft--
``(i) the seaport or airport of loading; and
``(ii) the seaport or airport of discharge.
``(F) In the case of a vehicle, the port of entry.'';
(B) by amending paragraph (2)(B) to read as follows:
``(B)(i) The Secretary shall ensure that any personally
identifiable information of individuals, such as the
information described in clause (ii), is removed from any
manifest signed, produced, delivered, or electronically
transmitted under this section before access to the manifest
is provided to the public.
``(ii) The information described in this clause includes
the following:
``(I) Social Security numbers.
``(II) Passport numbers.
``(III) The following names and addresses appearing in the
manifest in the names and addresses associated with a
shipper, consignee, or notify party:
``(aa) Names of individuals who are end consumers.
``(bb) Residential addresses (excluding zip codes) that are
not primary addresses of a trade or business.
``(iii) Nothing in this paragraph may be construed to
permit the removal of the name, address, or identification
number of a business from a manifest signed, produced,
delivered or electronically transmitted under this
section.''.
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
``(3) In the case of a manifest required by subsection
(a)(3) for a vehicle departing from the United States, when
the manifest is provided to the Automated Commercial
Environment system of U.S. Customs and Border Protection,
U.S. Customs and Border Protection shall process the manifest
and provide the information in the manifest described in
paragraph (1) and not excluded from disclosure under
paragraph (2) to the appropriate parties.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to each vessel, vehicle, and
aircraft arriving in or departing from the United States on
or after the date that is 120 days after the date of the
enactment of this Act.
SEC. 6032. NONDISCRIMINATION IN DISASTER ASSISTANCE.
Section 308(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended
by striking ``or economic status'' and inserting ``economic
status, or political affiliation''.
[[Page S3969]]
SEC. 6033. COUNTER-UAS AUTHORITY.
Section 210G of the Homeland Security Act of 2002 (6 U.S.C.
124n) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Authority of the marshal of the united states supreme
court.--Notwithstanding section 46502 of title 49, United
States Code, or sections 32, 1030, 1367 and chapters 119 and
206 of title 18, United States Code, notwithstanding the laws
of any particular State, local, Tribal, or territorial
jurisdiction, and after completing the training required
under subsection (d)(4), the Marshal of the Supreme Court may
take and may authorize personnel with assigned duties that
include the security or protection of the Chief Justice or
any Associate Justice of the Supreme Court to take such
actions as are described in subsection (b)(1)(A) that are
necessary to detect, identify, monitor, or track a credible
threat that an unmanned aircraft system or unmanned aircraft
poses to the safety or security of the Chief Justice or any
Associate Justice of the Supreme Court on the grounds of the
Supreme Court, property leased for use by the Supreme Court,
or at the residence of the Chief Justice or any Associate
Justice.'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``The Secretary'' and inserting:
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(B) Marshal of the supreme court.--The Marshal of the
Supreme Court shall develop for the Supreme Court Police the
actions described in paragraph (1) in coordination with the
Secretary of Transportation.'';
(B) in paragraph (3), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court''; and
(C) in paragraph (4), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court'';
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Agency guidance.--The Secretary, the Attorney
General, and the Secretary of Transportation may prescribe
regulations and shall issue guidance in the respective areas
of the Secretary, the Attorney General, or the Secretary of
Transportation to carry out this section, including guidance
relating to actions carried out by any State, local, Tribal,
or territorial law enforcement or correctional agency under
this section.
``(B) Supreme court.--The Marshal of the Supreme Court
shall prescribe regulations and issue guidance, in
coordination with the Secretary, the Attorney General, and
the Secretary of Transportation, that are consistent with
regulations prescribed and guidance issued by the Secretary,
Attorney General, or Secretary of Transportation under
subparagraph (A).'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court''; and
(ii) in subparagraph (B), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court''; and
(C) by adding at the end the following:
``(4) Marshal of the supreme court training and
certification.--The Marshal of the Supreme Court and any
personnel of the Marshal of the Supreme Court shall be
subject to the same training and certification requirements
relating to the detection, identification, monitoring, and
tracking of unmanned aircraft as personnel of the Department
of Homeland Security.'';
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking
``each Secretary, the Attorney General'' and inserting ``the
Secretary, the Attorney General, the Secretary of
Transportation, the Marshal of the Supreme Court'';
(B) in paragraph (3)--
(i) by inserting ``the Marshal of the Supreme Court,''
after ``the Attorney General,''; and
(ii) by striking ``determine'' and inserting
``determines'';
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting a comma after ``Security''; and
(II) by inserting ``the Supreme Court Police,'' after
``Justice,''; and
(ii) in subparagraph (C), by striking ``and the Department
of Justice'' and inserting ``, the Department of Justice, or
the Supreme Court Police''; and
(D) in paragraph (5), by striking ``and the Department of
Justice'' and inserting ``, the Department of Justice, and
the Supreme Court Police'';
(5) in subsection (g)--
(A) in paragraph (1), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court'';
(B) in paragraph (3)--
(i) by inserting ``the Marshall of the Supreme Court,''
after ``the Attorney General,'' each place the term appears;
and
(ii) in subparagraph (E), by striking ``or the Department
of Homeland Security'' and inserting ``, the Department of
Homeland Security, or the Supreme Court Police''; and
(C) in paragraph (5), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court'';
(6) in subsection (h)(1), by striking ``or the Attorney
General'' and inserting ``, the Attorney General, or the
Marshal of the Supreme Court''; and
(7) in subsection (j), by adding at the end the following:
``(3) Marshal of the united states supreme court.--The
authority of the Marshal of the Supreme Court to carry out
actions with respect to subsection (a)(3) shall terminate on
September 30, 2031.''.
SEC. 6034. LIST OF ENTITIES HOLDING FCC AUTHORIZATIONS,
LICENSES, OR OTHER GRANTS OF AUTHORITY AND
HAVING CERTAIN FOREIGN OWNERSHIP.
(a) Definitions.--In this section:
(1) Appropriate national security agency.--The term
``appropriate national security agency'' has the meaning
given such term in section 9 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1608).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Covered country.--The term ``covered country'' means a
country specified in section 4872(f)(2) of title 10, United
States Code.
(4) Covered entity.--The term ``covered entity'' means--
(A) the government of a covered country;
(B) an entity organized under the laws of a covered
country; and
(C) a subsidiary of an entity described in subparagraph
(B), regardless of whether the subsidiary is organized under
the laws of a covered country.
(b) Publication of List.--Not later than 120 days after the
date of the enactment of this Act, the Commission shall
publish on the internet website of the Commission a list of
each entity--
(1) that holds a license issued by the Commission pursuant
to--
(A) section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)); or
(B) the Act of May 27, 1921 (47 U.S.C. 34 et seq.; commonly
known as the ``Cable Landing Licensing Act'') and Executive
Order 10530 (3 U.S.C. 301 note; relating to the performance
of certain functions vested in or subject to the approval of
the President); and
(2) with respect to which--
(A) a covered entity holds an equity or voting interest
that is required to be reported to the Commission under the
ownership rules of the Commission; or
(B) an appropriate national security agency has determined
that a covered entity exerts control, regardless of whether
such covered entity holds an equity or voting interest as
described in subparagraph (A).
(c) Rulemaking.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall issue rules
to obtain information to identify each entity--
(A) that holds any authorization, license, or other grant
of authority issued by the Commission (other than a license
described in subsection (b)(1)); and
(B) with respect to which a covered entity holds an equity
or voting interest that is required to be reported to the
Commission under the ownership rules of the Commission.
(2) Placement on list.--Not later than 1 year after the
Commission issues the rules required by paragraph (1), the
Commission shall place each entity described in such
paragraph on the list published under subsection (b).
(d) Annual Updates.--The Commission shall, not less
frequently than annually, update the list published under
subsection (b), including with respect to any entity required
to be placed on such list by subsection (c)(2).
SEC. 6035. TREATMENT OF EXEMPTIONS UNDER THE FOREIGN AGENTS
REGISTRATION ACT OF 1938.
(a) Short Title.--This section may be cited as the
``Preventing Adversary Influence, Disinformation, and
Obscured Foreign Financing Act of 2026'' or the ``PAID OFF
Act of 2026''.
(b) Treatment of Exemptions Under the Foreign Agents
Registration Act of 1938.--Section 3 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 613), is
amended--
(1) in the matter preceding subsection (a), by inserting
``, except as provided in subsection (i)'' after
``principals''; and
(2) by adding at the end the following:
``(i) Limitations.--The exemptions under subsections
(d)(1), (d)(2), and (h) shall not apply to any agent of a
foreign principal that is a corporate or government entity
that is owned or controlled by 1 or more of the identified
countries listed in clauses (i) through (v) of section
1(m)(1)(A) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a(m)(1)(A)).''.
(c) Mechanism to Amend Definition of ``Country of
Concern''.--Section 1(m) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(m)) is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) Modification to definition of `country of concern'.--
``(A) In general.--The Secretary of State may, in
consultation with the Attorney General, propose the addition
or deletion of countries described in paragraph (1)(A).
``(B) Submission.--Any proposal described in subparagraph
(A) shall--
[[Page S3970]]
``(i) be submitted to the Chairman and Ranking Member of
the Committee on Foreign Relations of the Senate and the
Chairman and Ranking Member of the Committee on the Judiciary
of the House of Representatives; and
``(ii) become effective upon enactment of a joint
resolution of approval as described in subparagraph (C).
``(C) Joint resolution of approval.--
``(i) In general.--For purposes of subparagraph (B)(ii),
the term `joint resolution of approval' means only a joint
resolution--
``(I) that does not have a preamble;
``(II) that includes in the matter after the resolving
clause the following: `That Congress approves the
modification of the definition of ``country of concern''
under section 1(m) of the State Department Basic Authorities
Act of 1956, as submitted by the Secretary of State on ____;
and section 1(m)(1)(A) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)) is amended
by ______.', the blank spaces being appropriately filled in
with the appropriate date and the amendatory language
required to modify the list of countries in paragraph (1)(A)
of this subsection by adding or deleting 1 or more countries;
and
``(III) the title of which is as follows: `Joint resolution
approving modifications to definition of ``country of
concern'' under section 1(m) of the State Department Basic
Authorities Act of 1956.'.
``(ii) Referral.--
``(I) Senate.--A resolution described in clause (i) that is
introduced in the Senate shall be referred to the Committee
on Foreign Relations of the Senate.
``(II) House of representatives.--A resolution described in
clause (i) that is introduced in the House of Representatives
shall be referred to the Committee on the Judiciary of the
House of Representatives.''.
(d) Sunset.--The amendments made by this section shall
terminate on the date that is 5 years after the date of
enactment of this Act.
SEC. 6036. REVIEW AND PROHIBITIONS BY COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES OF CERTAIN
TRANSACTIONS RELATING TO AGRICULTURE.
(a) In General.--Section 721 of the Defense Production Act
of 1950 (50 U.S.C. 4565) is amended--
(1) in subsection (a), by adding at the end the following:
``(14) Agriculture.--The term `agriculture' has the meaning
given that term in section 3 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203).'';
(2) in subsection (b)(1), by adding at the end the
following:
``(I) Consideration of certain agricultural land
transactions.--
``(i) In general.--Not later than 30 days after receiving
notification from the Secretary of Agriculture of a
reportable agricultural land transaction, the Committee shall
determine--
``(I) whether the transaction is a covered transaction; and
``(II) if the Committee determines that the transaction is
a covered transaction, whether to--
``(aa) request the submission of a notice under clause (i)
of subparagraph (C) or a declaration under clause (v) of such
subparagraph pursuant to the process established under
subparagraph (H); or
``(bb) initiate a review pursuant to subparagraph (D).
``(ii) Reportable agricultural land transaction defined.--
In this subparagraph, the term `reportable agricultural land
transaction' means a transaction--
``(I) that the Secretary of Agriculture has reason to
believe is a covered transaction;
``(II) that involves the acquisition of an interest in
agricultural land by a foreign person, other than an excepted
investor or an excepted real estate investor, as such terms
are defined in regulations prescribed by the Committee; and
``(III) with respect to which a person is required to
submit a report to the Secretary of Agriculture under section
2(a) of the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3501(a)).
``(iii) Rule of construction.--Nothing in this subparagraph
shall be construed to apply to the acquisition of an interest
in agricultural land by a United States citizen or an alien
lawfully admitted for permanent residence to the United
States.'';
(3) in subsection (k)(2)--
(A) by redesignating subparagraphs (H), (I), and (J) as
subparagraphs (I), (J), and (K), respectively; and
(B) by inserting after subparagraph (G) the following:
``(H) The Secretary of Agriculture, with respect to any
covered transaction related to the purchase of agricultural
land or biotechnology or otherwise related to the agriculture
industry in the United States.''; and
(4) by adding at the end the following:
``(r) Prohibitions Relating to Purchases of Agricultural
Land and Agricultural Businesses.--
``(1) In general.--If the Committee, in conducting a review
under this section, determines that a transaction described
in clause (i), (ii), or (iv) of subsection (a)(4)(B) would
result in the purchase or lease by a covered foreign person
of real estate described in paragraph (2) or would result in
control by a covered foreign person of a United States
business engaged in agriculture, the President shall prohibit
the transaction unless a party to the transaction voluntarily
chooses to abandon the transaction.
``(2) Real estate described.--Subject to regulations
prescribed by the Committee, real estate described in this
paragraph is agricultural land (as defined in section 9 of
the Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3508)) in the United States that is in close proximity
(subject to subsection (a)(4)(C)(ii)) to a United States
military installation or another facility or property of the
United States Government that is--
``(A) sensitive for reasons relating to national security
for purposes of subsection (a)(4)(B)(ii)(II)(bb); and
``(B) identified in regulations prescribed by the
Committee.
``(3) Waiver.--
``(A) In general.--The President may waive, on a case-by-
case basis, the requirement to prohibit a transaction under
paragraph (1) after the President determines and reports to
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives that the waiver is in the national
interest of the United States.
``(B) Delegation.--The President may delegate the authority
under subparagraph (A) to the Secretary of the Treasury. The
Secretary of the Treasury may redelegate that authority to
the Deputy Secretary of the Treasury or to another
appropriate officer of the Department of the Treasury.
``(4) Covered foreign person defined.--
``(A) In general.--In this subsection, subject to
regulations prescribed by the Committee, the term `covered
foreign person'--
``(i) means--
``(I) the government of a covered country; or
``(II) any foreign person (including a foreign entity) that
acts as an agent, representative, or employee of, or acts at
the direction or control of, the government of a covered
country; and
``(ii) does not include a United States citizen or an alien
lawfully admitted for permanent residence to the United
States.
``(B) Covered country defined.--For purposes of
subparagraph (A), the term `covered country' means any of the
following countries, if the country is determined to be a
foreign adversary pursuant to section 791.4 of title 15, Code
of Federal Regulations (or a successor regulation):
``(i) The People's Republic of China.
``(ii) The Russian Federation.
``(iii) The Islamic Republic of Iran.
``(iv) The Democratic People's Republic of Korea.''.
(b) Spending Plans.--Not later than 60 days after the date
of the enactment of this Act, each department or agency
represented on the Committee on Foreign Investment in the
United States shall submit to the chairperson of the
Committee a copy of the most recent spending plan required
under section 1721(b) of the Foreign Investment Risk Review
Modernization Act of 2018 (50 U.S.C. 4565 note).
(c) Regulations.--
(1) In general.--The President shall direct, subject to
section 553 of title 5, United States Code, the issuance of
regulations to carry out the amendments made by this section.
(2) Effective date.--The regulations prescribed under
paragraph (1) shall take effect not later than 18 months
after the date of the enactment of this Act.
(d) Effective Date; Applicability.--The amendments made by
this section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to a covered transaction (as defined
in section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565)) that is proposed, pending, or completed on or
after such date of enactment.
SEC. 6037. SECOND CHANCE REAUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``Second
Chance Reauthorization Act''.
(b) Improvements to Existing Programs.--
(1) State and local reentry demonstration projects.--
Section 2976 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10631) is amended--
(A) in subsection (b)--
(i) in paragraph (7), by striking ``and'' at the end;
(ii) in paragraph (8), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(9) treating substance use disorders, including by
providing peer recovery services, case management, and access
to overdose education and overdose reversal medications; and
``(10) providing reentry housing services.''; and
(B) in subsection (o)(1), by striking ``2019 through 2023''
and inserting ``2027 through 2031''.
(2) Grants for family-based substance abuse treatment.--
Section 2926(a) of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10595a(a)) is amended by striking
``2019 through 2023'' and inserting ``2027 through 2031''.
(3) Grant program to evaluate and improve educational
methods at prisons, jails, and juvenile facilities.--Section
1001(a)(28) of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10261(a)(28)) is amended by striking
``2019, 2020, 2021, 2022, and 2023'' and inserting ``2027
through 2031''.
[[Page S3971]]
(4) Careers training demonstration grants.--Section 115(f)
of the Second Chance Act of 2007 (34 U.S.C. 60511(f)) is
amended by striking ``2019, 2020, 2021, 2022, and 2023'' and
inserting ``2027 through 2031''.
(5) Offender reentry substance abuse and criminal justice
collaboration program.--Section 201(f)(1) of the Second
Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended by
striking ``2019 through 2023'' and inserting ``2027 through
2031''.
(6) Community-based mentoring and transitional service
grants to nonprofit organizations.--Section 211(f) of the
Second Chance Act of 2007 (34 U.S.C. 60531(f)) is amended by
striking ``2019 through 2023'' and inserting ``2027 through
2031''.
SEC. 6038. INCREASE OF CIVIL PENALTIES UNDER EXPORT CONTROL
REFORM ACT OF 2018.
(a) In General.--Section 1760(c)(1)(A) of the Export
Control Reform Act of 2018 (50 U.S.C. 4819(c)(1)(A)) is
amended--
(1) by striking ``$300,000'' and inserting ``$1,200,000'';
and
(2) by striking ``twice the value of the transaction'' and
inserting ``four times the value of the transaction''.
(b) Applicability.--This section, and the amendments made
by this section, shall apply with respect to a violation of
the Export Control Reform Act of 2018 (50 U.S.C. 4801 et
seq.) or any regulation, order, or license issued under such
Act, committed on or after the date of the enactment of this
Act.
SEC. 6039. PROTECT ACT.
(a) Short Title.--This section may be cited as the
``Preservation of Rights and Ownership of Traditional
Emblems, Crests, and Tributes Act'' or the ``PROTECT Act''.
(b) Registration of Trademarks.--
(1) In general.--Section 2 of the Act entitled ``An Act to
provide for the registration and protection of trademarks
used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved
July 5, 1946 (commonly known as the ``Trademark Act of
1946'') (15 U.S.C. 1052), is amended--
(A) by redesignating subsection (f) as subsection (g);
(B) by inserting after subsection (e) the following:
``(f) Is authorized, issued, or controlled by the
Government for the purposes of Department of Defense or Armed
Forces awards, decorations, campaign and service ribbons, or
medals, except that such a mark may be registered at the
discretion of the agency or department of the Government that
controls the official use of the mark.''; and
(C) in subsection (g), as so redesignated--
(i) in the first sentence, by striking ``and (e)(5)'' and
inserting ``(e)(5), and (f)''; and
(ii) by adding at the end the following: .
(2) Technical and conforming amendments.--The Act entitled
``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of
certain international conventions, and for other purposes'',
approved July 5, 1946 (commonly known as the ``Trademark Act
of 1946'') (15 U.S.C. 1051 et seq.), is amended--
(A) in section 1(d)(1) (15 U.S.C. 1051(d)(1)), by striking
``subsections (a) through (e) of section 2'' and inserting
``subsections (a) through (f) of section 2''; and
(B) in section 26 (15 U.S.C. 1094), by striking ``2(f)''
and inserting ``2(g)''.
SEC. 6040. MULTILATERAL ALIGNMENT OF CONTROLS ON
SEMICONDUCTOR MANUFACTURING EQUIPMENT.
(a) Identifying Chokepoints.--Not later than 60 days after
the date of the enactment of this Act, and annually
thereafter, the Under Secretary of Commerce for Industry and
Security, in coordination with the Secretary of State,
shall--
(1) conduct a review to identify all covered semiconductor
manufacturing equipment and all covered facilities;
(2) submit to the appropriate congressional committees a
list of all such equipment and facilities; and
(3) notify the public in the Federal Register when this
submission has occurred.
(b) Diplomatic Engagement.--
(1) In general.--The Under Secretary of Commerce for
Industry and Security and the Secretary of State should
continue to prioritize and encourage the governments of
allied supplier countries to adopt--
(A) countrywide controls, or other policies that have the
same practical effect as countrywide controls, on covered
semiconductor manufacturing equipment that are subject to the
jurisdiction of such allied supplier country; and
(B) license requirements, with a policy of presumption of
denial, for the export, reexport, or in-country transfer of
all applicable items to any covered facility and for the
servicing of all applicable items at any covered facility.
(2) Briefing on diplomatic efforts.--Not later than 90 days
after the date of the enactment of this Act, the Under
Secretary of Commerce for Industry and Security and the
Secretary of State shall jointly provide to members of the
appropriate congressional committees a briefing to describe
the status of diplomatic efforts to align the controls on
covered semiconductor manufacturing equipment imposed by
allied supplier countries with the controls imposed by the
United States.
(3) Certification on allied supplier countries.--Except as
provided in subsection (c)(3), for each allied supplier
country, the Under Secretary of Commerce for Industry and
Security and the Secretary of State shall jointly certify,
not later than 150 days after the date of the enactment of
this Act, to the appropriate congressional committees that
either--
(A) the country has implemented the controls described in
subparagraphs (A) and (B) of paragraph (1); or
(B)(i) the country has not adopted the controls described
in subparagraph (A) or (B) of paragraph (1);
(ii) the Under Secretary of Commerce for Industry and
Security and the Secretary of State have prioritized and
exhausted available diplomatic channels; and
(iii) continued delay would materially undermine the
national security of the United States.
(c) Controls on United States Equipment and Extension of
Controls.--
(1) Application of controls on united states equipment.--
Not later than 150 days after the date of the enactment of
this Act, and annually thereafter, the Under Secretary of
Commerce for Industry and Security shall issue regulations
that--
(A) update United States countrywide controls to covered
semiconductor manufacturing equipment produced in the United
States; and
(B) update comprehensive United States end-user or end-use
restrictions to all covered facilities located in a country
of concern.
(2) Extension of controls to allied supplier countries.--
(A) In general.--Except as provided in subparagraph (B),
for any allied supplier country for which a certification is
submitted under subsection (b)(3)(B), the Under Secretary of
Commerce for Industry and Security shall issue regulations,
not later than the date of the submission of such
certification, that--
(i) establish United States jurisdiction over covered
semiconductor manufacturing equipment and applicable items
exported, reexported, or in-country transferred from, or
produced in, such country; and
(ii) apply--
(I) countrywide controls to all covered semiconductor
manufacturing equipment produced in such country;
(II) a license requirement, subject to a presumption of
denial, for the servicing of any applicable item located in a
covered facility; and
(III) end-user and end-use controls prohibiting the export,
reexport, or in-country transfer of an applicable item to any
covered facility.
(B) Deferral for anticipated alignment.--If, on or before
the deadline described in subparagraph (A), the Under
Secretary of Commerce for Industry and Security and the
Secretary of State jointly submit to the appropriate
congressional committees a report certifying that the allied
supplier country subject to subparagraph (A) has committed to
adopt, or is otherwise expected to adopt, controls that have
the same practical effect as those described in subsection
(b)(1), the Under Secretary of Commerce for Industry and
Security may issue a one-time deferral of the effective date
of the regulations described in subsection (A) for a period
of not longer than 30 days from the date described in
subparagraph (A).
(3) National security waiver.--The Under Secretary of
Commerce for Industry and Security and the Secretary of State
may jointly grant a one-time waiver to extend the 150-day
deadline for the issuing of controls pursuant to paragraph
(1) or paragraph (2) by not more than 90 days, if the Under
Secretary of Commerce for Industry and Security and the
Secretary of State jointly--
(A) submit a report to the appropriate congressional
committees describing--
(i) the justification for why the deadline could not be
met; and
(ii) the interim steps taken to prevent stockpiling; and
(B) determine and certify to the appropriate congressional
committees that--
(i) the extension is in the national security interest of
the United States; and
(ii) if applicable, the government of the allied supplier
country is taking concrete, verifiable steps, pursuant to
their domestic laws and regulations and as expeditiously as
possible, to adopt controls that have the same practical
effect as, or are more stringent than, the controls that
would otherwise be imposed under paragraph (2).
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the Under
Secretary of Commerce for Industry and Security and the
Secretary of State shall jointly submit to the appropriate
congressional committees a report that includes--
(A) the scope of the export controls imposed by the United
States and allied supplier countries on any covered
semiconductor manufacturing equipment identified in the most
recent list submitted under subsection (a);
(B) a summary of diplomatic engagements and unilateral
actions undertaken by the Secretaries in the one-year period
prior to the submission of the report to close any gap in
countrywide controls imposed by allied supplier countries for
covered semiconductor manufacturing equipment; and
(C) a certification that the export, reexport, or in-
country transfer of any covered semiconductor manufacturing
equipment to
[[Page S3972]]
a country of concern, the export of any applicable items to
any covered facility, and the servicing of any such item
located in a country of concern is prohibited or requires a
license issued by the United States or an allied supplier
country, subject to a presumption of denial.
(2) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form but may include a
classified annex.
(e) Nonpublication of Confidential Certifications and
Reports.--
(1) In general.--The Under Secretary of Commerce for
Industry and Security and the Secretary of State, as
applicable, may elect to submit to the appropriate
congressional committees any certification and report
described in subsection (a), (c), or (d) in a confidential
manner.
(2) Committee safeguards.--The appropriate congressional
committees shall take such steps as may be necessary to
ensure that any certification or report submitted in a
confidential manner is not made publicly available.
(f) Compliance Assistance With Extension of Controls.--
Simultaneously with the issuing regulations under subsection
(c)(2), the Under Secretary of Commerce for Industry and
Security may provide to the principal executive officers of
any company that produces covered semiconductor manufacturing
equipment in the allied supplier country targeted in such
regulations a letter describing the regulations and the legal
obligations imposed by the regulations, including any penalty
that may be imposed under section 1760 of the Export Control
Reform Act of 2018 ( 50 U.S.C. 4819) for a violation of such
regulations.
(g) Termination and Reimposition of Controls Upon Allied
Action.--
(1) Termination or modification.--The Under Secretary of
Commerce for Industry and Security may terminate or modify
any regulation issued under subsection (c)(2), if the country
has established controls, including licensing policies, that
have the same practical effect as the regulation to be
terminated or modified.
(2) Reimposition.--If, after terminating or modifying a
control under paragraph (1), the Under Secretary of Commerce
for Industry and Security determines that the allied supplier
country has materially weakened, suspended, or revoked the
control that justified the termination or modification under
paragraph (1), the Under Secretary shall, not later than 60
days after making such determination--
(A) notify the appropriate congressional committees of such
determination; and
(B) reimpose the control under subsection (c)(2) that was
terminated or modified under paragraph (1).
(h) Administrative Procedures.--The provisions of section
1762 of the Export Control Reform Act of 2018 (50 U.S.C.
4821) shall apply to this section in the same manner and to
the same extent as such provisions apply to the Export
Control Reform Act of 2018 (50 U.S.C. 4801 et seq.).
(i) Definitions.--In this section:
(1) The term ``advanced-node integrated circuits'' has the
meaning given that term in section 772.1 of the Export
Administration Regulations as in effect on January 1, 2026.
(2) The term ``allied supplier country'' means any country
that--
(A) is not a country of concern; and
(B) is engaged in the production of covered semiconductor
manufacturing equipment.
(3) The term ``applicable item'' means any item that is or
can be made subject to the Export Administration Regulations,
including--
(A) a United States-origin item;
(B) a foreign-produced item that is the direct product of,
or produced by plants or major components that are the direct
product of, United States-origin software or technology
subject to the Export Administration Regulations;
(C) a foreign-produced item with more than zero percent de
minimis United States-origin content; and
(D) a foreign-produced item that contains United States-
origin or foreign-produced integrated circuits that are
presumptively designed or produced, directly or indirectly,
with technology, software, or equipment that is subject to
the Export Administration Regulations.
(4) The term ``appropriate congressional committees''
means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(5) The term ``capabilities comparable to those of the
product sold by the global market leader'' means, considering
cost, throughput, reliability, precision, and any other
relevant factors, advanced-node integrated circuit makers
headquartered outside of countries of concern, when selecting
a tool for use in high-volume manufacturing, would be
indifferent about using, or would prefer to use, the tool
produced by the country of concern, rather than a tool sold
by the company with the greatest share of the global market
for tools used to accomplish the same function.
(6) The term ``country of concern'' has the meaning given
the term ``covered nation'' in section 4872(f) of title 10,
United States Code.
(7) The term ``countrywide controls'' means, with respect
to semiconductor manufacturing equipment, a licensing
requirements, with a policy of presumption of denial, for the
export, reexport, or in-country transfer of the item to or in
a country of concern, and a licensing requirement, with a
policy of presumption of denial, for the servicing of the
item located in a country of concern, excluding exports,
reexports, in-country transfers or servicing where the
destination is a fabrication facility that existed as of the
date of the enactment of this Act and remains owned and
operated by a company headquartered, and the ultimate parent
company of which is headquartered, outside of any country of
concern.
(8) The term ``covered facility'' means--
(A) a facility engaged in the production of advanced-node
integrated circuits which is owned or operated by an entity
headquartered in, or whose ultimate parent company is
headquartered in, a country of concern; or
(B) any facility owned or operated by, or in common
ownership or control with--
(i) Semiconductor Manufacturing International Corporation;
(ii) Hua Hong Semiconductor Limited;
(iii) Huawei Technologies Company;
(iv) ChangXin Memory Technologies;
(v) Yangtze Memory Technologies Corporation;
(vi) any producer, manufacturer, or developer of
semiconductor manufacturing equipment that is headquartered
in, or the ultimate parent company of which is headquartered
in, a country of concern; or
(vii) any entity that is a subsidiary or affiliate of or a
successor to any entity described in clauses (i) through
(vi).
(9) The term ``covered semiconductor manufacturing
equipment''--
(A) means semiconductor manufacturing equipment or a
component therefor that--
(i) is an applicable item; and
(ii) the Under Secretary of Commerce for Industry and
Security and the Secretary of State jointly determine that no
country of concern produces in sufficient volumes and with
capabilities comparable to those of the product sold by the
global market leader, as of the date of the enactment of this
Act; and
(B) includes, at a minimum--
(i) all deep ultraviolet immersion photolithography
machines, through silicon via deposition and etch tools,
cryogenic etch equipment, and cobalt deposition equipment;
and
(ii) all semiconductor manufacturing equipment or
components specified in Export Control Classification Number
3B001 or 3B002, or equipment meeting the parameters of Export
Control Classification Number 3B993.f.1 (excluding the
parameters described in 3B993.F.1.b2), as in effect on
January 1, 2026, except any item the Under Secretary of
Commerce for Industry and Security and the Secretary of State
jointly determine does not meet the requirements of
subparagraph (A).
(10) The terms ``export'', ``in-country transfer'',
``reexport'', and ``Export Administration Regulations'' have
the meanings given such terms in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
(11) The term ``in sufficient volumes'' means in volumes
sufficient to meet 75 percent of current demand from all
countries of concern.
(12) The term ``servicing'' means any servicing of
equipment or components, whether in-person or remote,
including installation, calibration, repair, overhauling,
refurbishing, testing, diagnosing, updating software or
firmware, training, field services, application support
engineering, customization, technical assistance, process
adjustments, troubleshooting, and transfer of industry best
practices for maintenance.
SEC. 6041. AIR TRAFFIC-COLLEGIATE TRAINING INITIATIVE PROGRAM
IMPROVEMENTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
(3) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(4) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(b) Air Traffic-Collegiate Training Initiative Program
Improvements.--
(1) In general.--Section 44506(c) of title 49, United
States Code, is amended to read as follows:
``(c) Air Traffic-Collegiate Training Initiative and
Enhanced Air Traffic-Collegiate Training Initiative.--
``(1) In general.--The Administrator of the Federal
Aviation Administration shall maintain the Air Traffic-
Collegiate Training Initiative program and the Enhanced Air
Traffic-Collegiate Training Initiative program (in this
section referred to as the `Enhanced Initiative') to support
the recruitment, education, and hiring of well-qualified
developmental air traffic controllers.
``(2) Special rules for the enhanced initiative.--
``(A) Requirements.--In maintaining the Enhanced Initiative
under paragraph (1), the Administrator shall, at a minimum--
``(i) select and coordinate with accredited institutions of
higher education (as defined in section 61.1 of title 14,
Code of Federal Regulations), as determined by the
Administrator, that administer an accredited air
[[Page S3973]]
traffic curriculum to undergraduate students, to prepare
students for the position of air traffic controller with the
Department of Transportation (as defined in section 2109 of
title 5);
``(ii) establish standards for the entry and participation
of accredited institutions of higher education into the
program; and
``(iii) solicit applications from, and provide guidance to,
interested accredited institutions of higher education that
administer an accredited air traffic curriculum to
undergraduate students, including accredited institutions
that participate in the Air Traffic-Collegiate Training
Initiative, to foster participation of qualified accredited
institutions in the Enhanced Initiative.
``(B) Selection criteria.--Prior to selecting an accredited
institution of higher education for participation in the
Enhanced Initiative, the Administrator shall--
``(i) consider the air traffic curriculum of the
institution, including the institution's access to air
traffic educational resources and Federal Aviation
Administration air traffic facilities and equipment;
``(ii) certify that each accredited institution of higher
education seeking to participate in the Enhanced Initiative
has a qualified air traffic curriculum that provides, at a
minimum, an equivalent level of education and training for
air traffic controller trainees to that provided at the
Federal Aviation Administration Academy; and
``(iii) certify that all evaluations of students at
accredited institutions of higher education seeking to
participate in the Enhanced Initiative shall be conducted by
evaluators that are approved and certified by the Federal
Aviation Administration.
``(3) Appointment of program graduates.--The Administrator
may appoint an individual who has successfully completed a
course of training in a program described in paragraph (1) to
the position of air traffic controller noncompetitively in
the excepted service (as defined in section 2103 of title
5).''.
(2) Enhanced air traffic-collegiate training initiative
program faculty annuity supplement.--Section 8421a(c) of
title 5, United States Code, is amended--
(A) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(3) air traffic control instructor, or supervisor
thereof, at an institution of higher education participating
in the Enhanced Air Traffic-Collegiate Training Initiative
program described in section 44506(c) of title 49.''.
(3) FAA air traffic control training aviation rulemaking
committee.--
(A) In general.--The Administrator shall convene an
aviation rulemaking committee to--
(i) review the curricula of the air traffic technical
training academy of the FAA, including its use in the Air
Traffic-Collegiate Training Initiative program and the
Enhanced Air Traffic-Collegiate Training Initiative program;
(ii) review the on-the-job training, development,
evaluation, and certification of certified professional
controllers;
(iii) develop findings and recommendations regarding the
improvement and modernization of such curricula and training;
and
(iv) provide to the Administrator a report on such findings
and recommendations and for other related purposes as
determined by the Administrator.
(B) Composition.--The aviation rulemaking committee
established under subparagraph (A) shall consist of members
appointed by the Administrator, including representatives
of--
(i) institutions of higher education that are accredited by
the Aviation Accreditation Board International;
(ii) aviation industry organizations;
(iii) FAA subject matter experts;
(iv) military and commercial operators of aircraft,
helicopters, and powered-lift aircraft;
(v) the exclusive bargaining representative of the air
traffic controllers certified under section 7111 of title 5,
United States Code;
(vi) organizations representing certified collective
bargaining representatives of airline pilots;
(vii) representatives of accredited institutions of higher
education participating in the Air Traffic-Collegiate
Training Initiative program and the Enhanced Air Traffic-
Collegiate Training Initiative program;
(viii) aviation safety experts, including those from
outside the FAA; and
(ix) any other stakeholder determined appropriate by the
Administrator.
(C) Considerations.--The aviation rulemaking committee
established under subparagraph (A) shall consider the
following:
(i) The advancements in education technology, including
digital resources and augmented reality or virtual reality
capabilities, that may be incorporated into a modern
curriculum and training.
(ii) The appropriate balance between the use of theoretical
knowledge and practical application.
(iii) A review of instructional techniques to improve the
effectiveness of learning outcomes.
(iv) The real-world applicability of air traffic operations
procedures included in the curriculum and training.
(v) Student success rates, including outcomes of air
traffic controller trainees when placed at facilities for on-
the-job training.
(vi) Methods for reducing the subjectivity of instructional
techniques.
(vii) Student success rates correlated with the completion
of the Air Traffic-Collegiate Training Initiative program and
the Enhanced Air Traffic-Collegiate Training Initiative
program described in section 44506(c) of title 49, United
States Code.
(viii) The appropriate method for ensuring the curriculum
and training incorporates new entrants into the national
airspace system.
(ix) Other considerations as determined appropriate by the
Administrator.
(D) Duties.--
(i) In general.--Not later than 18 months after the date of
enactment of this section, the Administrator shall submit to
the appropriate committees of Congress a copy of the aviation
rulemaking committee report provided to the Administrator
under subparagraph (A)(iii).
(ii) Implementation.--Not later than 180 days after the
date of submission of the report under clause (i), the
Administrator shall implement the recommendations of the
report, as determined appropriate by the Administrator.
(iii) Justification.--If the Administrator decides not to
implement a recommendation described in the report submitted
under clause (i), the Administrator shall submit to the
appropriate committees of Congress a justification for such
decision not later than 90 days after receiving such report.
(E) Prohibition on compensation.--The members of the
aviation rulemaking committee convened under this paragraph
shall not receive pay, allowances, or benefits from the
Federal Government by reason of their service on such
committee. This paragraph shall not be construed to affect
the pay, allowances, or benefits of any Federal employee who
serves as a member of the aviation rulemaking committee as
part of their official duties.
(4) Review of enhanced air traffic-collegiate training
initiative program.--
(A) In general.--Not later than 5 years after the date of
the enactment of this section, the Comptroller General shall
initiate a study to examine the effectiveness of the Enhanced
Air Traffic-Collegiate Training Initiative program (in this
paragraph referred to as the ``Enhanced Initiative'') in--
(i) increasing the education and training capacity of FAA
air traffic controllers; and
(ii) growing the FAA air traffic controller workforce.
(B) Contents.--In conducting the study under subparagraph
(A), the Comptroller General shall, at a minimum, evaluate
the effectiveness of the program in producing--
(i) students that score at least a well-qualified score on
the Air Traffic Skills Assessment (or a successor air traffic
entrance exam);
(ii) developmental controllers that enter en route and
terminal air traffic environments after completing the
Enhanced Initiative; and
(iii) developmental controllers that become certified
professional controllers.
(C) Consultation.--In conducting the study under
subparagraph (A), the Comptroller General shall consult with
the Administrator and appropriate stakeholders involved in
overseeing, operating, and administering the Enhanced
Initiative.
(D) Report.--Not later than 1 year after the date on which
the Comptroller General initiates the study under
subparagraph (A), the Comptroller General shall submit to the
appropriate committees of Congress and the Administrator a
report describing the results of the study, together with any
appropriate recommendations for legislative or administrative
action.
SEC. 6042. CONDITION FOR ENTRY INTO PORTS IN THE UNITED
STATES.
Section 70022 of title 46, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (i)--
(i) in the matter preceding subclause (I), by striking
``subsection (b)(1)'' and inserting ``subsection (b)(1)(A)'';
and
(ii) in subclause (II), by striking ``; or'' and inserting
a semicolon;
(B) in clause (ii)--
(i) by striking ``subsection (b)(2)'' and inserting
``subsection (b)(1)(B)''; and
(ii) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(iii) a vessel described in subsection (b)(1) in the case
of--
``(I) an emergency being experienced by the vessel or an
individual on the vessel; or
``(II) such a vessel described in subparagraph (C) of such
subsection that is authorized by the United States person
described in clause (ii) of such subparagraph to operate or
enter the port, harbor, or marine terminal described in such
subsection.''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or'';
(C) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins of such subparagraphs accordingly;
(D) by striking ``A vessel referred'' and inserting the
following:
``(1) In general.--A vessel referred''; and
(E) by adding at the end the following:
[[Page S3974]]
``(C) subject to paragraph (2), is a vessel that, after
fiscal year 2025, has entered or operated in a port, harbor,
or marine terminal that--
``(i) is within the geographic area of 2034'31'' N,
2034'13'' N, 8707'47'' W, 8707'20'' W;
``(ii) the President determines was owned, held, or
controlled, directly or indirectly, by a United States person
at the time that--
``(I) such port, harbor, or marine terminal is nationalized
or expropriated by an agency or official of a government of a
foreign trade partner of the United States; or
``(II) actions were taken that have the effect of
nationalization or expropriation of such port, harbor, or
marine terminal by such an agency or official; and
``(iii) is not the subject of a currently pending
arbitration under a free trade agreement with the United
States.
``(2) Applicability.--Paragraph (1)(C) shall cease to apply
with respect to a port, harbor, or marine terminal described
in such paragraph if--
``(A) the President determines that--
``(i) the ownership, possession, or control of the port,
harbor, or marine terminal described in such paragraph has
been restored to the United States person described in clause
(ii) of such paragraph; and
``(ii) the government of the foreign trade partner
described in such clause has terminated any measures that had
the effect of nationalizing or expropriating the port,
harbor, or marine terminal;
``(B) the President determines that such government has
provided adequate and effective compensation for such port,
harbor, or marine terminal that is--
``(i) in convertible foreign exchange or in other
compensation mutually acceptable by such United States person
and such government; and
``(ii) equivalent to the full value of such port, harbor,
or marine terminal, as required by international law; or
``(C) the President determines that the matter has
otherwise been resolved to the satisfaction of the President.
``(3) Definition of united states person.--In this
subsection, the term `United States person' means--
``(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
``(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity.''.
SEC. 6043. COUNTER-UAS AUTHORITY.
Section 210G of the Homeland Security Act of 2002 (6 U.S.C.
124n) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Authority of the marshal of the united states supreme
court.--Notwithstanding section 46502 of title 49, United
States Code, or sections 32, 1030, 1367 and chapters 119 and
206 of title 18, United States Code, notwithstanding the laws
of any particular State, local, Tribal, or territorial
jurisdiction, and after completing the training required
under subsection (d)(4), the Marshal of the Supreme Court may
take and may authorize personnel with assigned duties that
include the security or protection of the Chief Justice or
any Associate Justice of the Supreme Court to take such
actions as are described in subsection (b)(1)(A) that are
necessary to detect, identify, monitor, or track a credible
threat that an unmanned aircraft system or unmanned aircraft
poses to the safety or security of the Chief Justice or any
Associate Justice of the Supreme Court on the grounds of the
Supreme Court, property leased for use by the Supreme Court,
or at the residence of the Chief Justice or any Associate
Justice.'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``The Secretary'' and inserting:
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(B) Marshal of the supreme court.--The Marshal of the
Supreme Court shall develop for the Supreme Court Police the
actions described in paragraph (1) in coordination with the
Secretary of Transportation.'';
(B) in paragraph (3), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court''; and
(C) in paragraph (4), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court'';
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Agency guidance.--The Secretary, the Attorney
General, and the Secretary of Transportation may prescribe
regulations and shall issue guidance in the respective areas
of the Secretary, the Attorney General, or the Secretary of
Transportation to carry out this section, including guidance
relating to actions carried out by any State, local, Tribal,
or territorial law enforcement or correctional agency under
this section.
``(B) Supreme court.--The Marshal of the Supreme Court
shall prescribe regulations and issue guidance, in
coordination with the Secretary, the Attorney General, and
the Secretary of Transportation, that are consistent with
regulations prescribed and guidance issued by the Secretary,
Attorney General, or Secretary of Transportation under
subparagraph (A).'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court''; and
(ii) in subparagraph (B), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court''; and
(C) by adding at the end the following:
``(4) Marshal of the supreme court training and
certification.--The Marshal of the Supreme Court and any
personnel of the Marshal of the Supreme Court shall be
subject to the same training and certification requirements
relating to the detection, identification, monitoring, and
tracking of unmanned aircraft as personnel of the Department
of Homeland Security.'';
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking
``each Secretary, the Attorney General'' and inserting ``the
Secretary, the Attorney General, the Secretary of
Transportation, the Marshal of the Supreme Court'';
(B) in paragraph (3)--
(i) by inserting ``the Marshal of the Supreme Court,''
after ``the Attorney General,''; and
(ii) by striking ``determine'' and inserting
``determines'';
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting a comma after ``Security''; and
(II) by inserting ``the Supreme Court Police,'' after
``Justice,''; and
(ii) in subparagraph (C), by striking ``and the Department
of Justice'' and inserting ``, the Department of Justice, or
the Supreme Court Police''; and
(D) in paragraph (5), by striking ``and the Department of
Justice'' and inserting ``, the Department of Justice, and
the Supreme Court Police'';
(5) in subsection (g)--
(A) in paragraph (1), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court'';
(B) in paragraph (3)--
(i) by inserting ``the Marshall of the Supreme Court,''
after ``the Attorney General,'' each place the term appears;
and
(ii) in subparagraph (E), by striking ``or the Department
of Homeland Security'' and inserting ``, the Department of
Homeland Security, or the Supreme Court Police''; and
(C) in paragraph (5), by striking ``and the Attorney
General'' and inserting ``, the Attorney General, and the
Marshal of the Supreme Court'';
(6) in subsection (h)(1), by striking ``or the Attorney
General'' and inserting ``, the Attorney General, or the
Marshal of the Supreme Court''; and
(7) in subsection (j), by adding at the end the following:
``(3) Marshal of the united states supreme court.--The
authority of the Marshal of the Supreme Court to carry out
actions with respect to subsection (a)(3) shall terminate on
September 30, 2031.''.
SEC. 6044. EXEMPTION FROM IMMIGRANT VISA LIMIT.
Section 201(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)) is amended by adding at the end the
following:
``(F) Aliens who--
``(i) are eligible for a visa under paragraph (1) or (3) of
section 203(a); and
``(ii) have a parent (regardless of whether the parent is
living or dead) who was naturalized pursuant to--
``(I) section 405 of the Immigration Act of 1990 (Public
Law 101-649; 8 U.S.C. 1440 note); or
``(II) title III of the Act of October 14, 1940 (54 Stat.
1137, chapter 876), as added by section 1001 of the Second
War Powers Act, 1942 (56 Stat. 182, chapter 199).''.
SEC. 6045. COLLABORATION ON ADVERSARIAL THREATS AND AI
SECURITY RISKS.
(a) Definitions.--In this section:
(1) Antitrust laws; non-federal entity.--The terms
``antitrust laws'' and ``non-Federal entity'' have the
meanings given those terms, respectively, in section 102 of
the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).
(2) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section
238(g) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 4001 note).
(3) Assistance.--The term ``assistance'' includes the
provision of software, hardware, data, personnel, and other
resources.
(4) Covered artificial intelligence security purpose.--The
term ``covered artificial intelligence security purpose''
means the purpose of protecting against, identifying,
evaluating, testing, analyzing, preventing, investigating, or
mitigating a covered artificial intelligence security risk.
(5) Covered artificial intelligence security risk.--The
term ``covered artificial intelligence security risk'' means
the potential for artificial intelligence, including during
development, training, testing, evaluation, deployment, use,
or release, to do 1 or more of the following:
(A) Substantially facilitate the development or deployment
of a chemical, biological, radiological, nuclear, or
offensive cyber weapon.
(B) Cause a disruption to, degradation of, impairment of,
or loss of operational control over critical infrastructure
that is reasonably likely to result in a significant impact
[[Page S3975]]
on security, national economic security, national public
health or safety, or any combination thereof.
(C) Substantially reduce the ability of a developer,
deployer, owner, operator, user, evaluator, auditor, Federal
department or agency, or other governmental authority to
oversee, evaluate, monitor, control, contain, restrict access
to, disable, or terminate such artificial intelligence, if
the applicable person or governmental authority has authority
or responsibility to do so, including through unauthorized,
deceptive, evasive, or malicious activity involving such
artificial intelligence.
(D) Autonomously improve, or substantially facilitate the
autonomous improvement of the capabilities of artificial
intelligence in a manner that creates a reasonable risk of a
consequence described in subparagraph (A), (B), or (C).
(E) Be stolen, weaponized, trained, developed, or deployed
by a covered nation (as defined in section 4872(f)(2) of
title 10, United States Code) or an entity owned, controlled,
or directed by a covered nation in a manner that poses a
significant threat to the national security, including
through covert, clandestine, undisclosed, or otherwise
concealed development activities that attempt to evade
detection or verification.
(F) Be vulnerable to unauthorized access that--
(i) creates a substantial risk of a consequence described
in subparagraphs (A) through (D); or
(ii) is for the benefit of, at the direction of, or under
the control of--
(I) a covered nation (as defined in section 4872(f)(2) of
title 10, United States Code); or
(II) an entity owned, controlled, or directed by a covered
nation.
(6) Exclusive purpose.--The term ``exclusive purpose'',
with respect to the provision of information or assistance,
means for the purpose of, with not more than an insubstantial
part of the information or assistance being for other
purposes.
(7) Unauthorized access.--The term ``unauthorized access''
with respect to artificial intelligence--
(A) means unauthorized access or use of artificial
intelligence; and
(B) includes--
(i) extraction or copying of model weights, parameters, or
other nonpublic model information;
(ii) systematic querying or automated extraction designed
to distill, replicate, or reconstruct model capabilities; and
(iii) compromise affecting the integrity, reliability, or
security of artificial intelligence, including through
malicious code, a backdoor, manipulated data, or compromise
of an artificial intelligence model, training dataset, or
artificial intelligence component.
(b) Antitrust Exemption.--
(1) In general.--It shall not be considered a violation of
any provision of the antitrust laws for--
(A) 2 or more non-Federal entities to provide or exchange
information or assistance relating to a covered artificial
intelligence security risk in good faith for the exclusive
purpose of a covered artificial intelligence security
purpose; or
(B) 2 or more non-Federal entities to provide or exchange
information or assistance for the exclusive purpose of
coordinating strategies to reduce covered artificial
intelligence security risks via delaying or otherwise
limiting the release, deployment, use, development, training,
testing, or evaluation of artificial intelligence, provided
that the non-Federal entities submit prior written notice of
the proposed coordinated delay or limitation to the Attorney
General, detailing the specific covered artificial
intelligence security risk and the scope of the proposed
restriction.
(2) Limitation.--Paragraph (1) shall not apply to a non-
Federal entity receiving information or assistance unless the
non-Federal entity uses such information or assistance for a
covered artificial intelligence security purpose and has
implemented reasonable internal controls to limit the extent
to which such information or assistance can be used for other
purposes.
(3) Affirmative defense.--In any action or proceeding
brought under the antitrust laws, the exemption provided
under paragraph (1) shall constitute an affirmative defense,
and any non-Federal entity claiming the exemption shall bear
the burden of proving by a preponderance of the evidence that
the entity's actions were taken in good faith and for the
exclusive purpose described in paragraph (1).
(4) Rule of construction.--Paragraph (1)(A) shall not be
construed to permit price-fixing, allocating a market between
competitors, monopolizing or attempting to monopolize a
market, boycotting, or exchanges of price or cost
information.
(5) Exemption from disclosure.--Any information submitted
to the Attorney General pursuant to paragraph (1)(B),
including any written notice submitted under that subsection
and any information derived from such submission that would
reveal the substance of such submission, shall be--
(A) used solely for the purpose of subsection (c);
(B) deemed voluntarily shared information and exempt from
disclosure under section 552 of title 5, United States Code;
and
(C) withheld, without discretion, from the public under
section 552(b)(3) of title 5, United States Code.
(c) Injunctive Relief.--
(1) In general.--The Attorney General may seek, in a court
of competent jurisdiction, an injunction against the
initiation or continuation of the provision or exchange of
information or assistance by non-Federal entities described
in section 3 that violates the antitrust laws if the Attorney
General determines that the non-Federal entities are not
acting in good faith or are otherwise unreasonably engaging
in anticompetitive acts.
(2) Rules of construction.--Nothing in this section shall
be construed to--
(A) create any immunity or exemption from the antitrust
laws if the Attorney General determines that the non-Federal
entities are not acting in good faith or are otherwise
unreasonably engaging in anticompetitive acts; or
(B) to limit any private right of action for any violation
of the antitrust laws that is not exempt under subsection
(b).
SEC. 6046. NATIONAL QUANTUM INITIATIVE.
(a) Department of Energy Quantum Information Science
Research Program.--Section 401 of the National Quantum
Initiative Act (15 U.S.C. 8851) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary of Energy shall carry out
a research, development, and demonstration program on quantum
information science, engineering, and technology.'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``, engineering, and
technology'' after ``science'';
(B) in paragraph (2), by inserting ``, engineering, and
technology'' after ``science'';
(C) by striking paragraph (3) and inserting the following:
``(3) provide research experiences and training for
additional undergraduate and graduate students in quantum
information science, engineering, and technology, including
in the fields specified in paragraph (4);'';
(D) by redesignating paragraphs (3) through (5) as
paragraphs (5) through (7), respectively;
(E) by inserting after paragraph (2) the following:
``(3) operate National Quantum Information Science Research
Centers under section 402 to accelerate and scale scientific
and technical breakthroughs in quantum information science,
engineering, and technology, and maintain state-of-the-art
infrastructure for quantum researchers and industry partners;
``(4) conduct cooperative basic and applied research with
industry, National Laboratories, institutions of higher
education, and other research institutions to facilitate the
development, demonstration, and commercial application of
quantum information science, engineering, and technology
priorities, as determined by the Secretary of Energy,
including in the fields of--
``(A) quantum information theory;
``(B) quantum physics;
``(C) quantum computational science, including hardware and
software, machine learning, and data science;
``(D) applied mathematics and algorithm development;
``(E) quantum communications and networking, including
hardware and software for quantum communications and
networking;
``(F) quantum sensing, imaging, and detection;
``(G) materials science and engineering;
``(H) quantum modeling and simulation, including molecular
modeling;
``(I) near- and long-term application development, as
determined by the Secretary of Energy;
``(J) quantum chemistry;
``(K) quantum biology;
``(L) superconductive and high-performance
microelectronics;
``(M) post-quantum cryptography; and
``(N) chip-based integration of quantum systems, artificial
intelligence systems, and other classical computing
systems;'';
(F) in paragraph (6) (as so redesignated), in subparagraph
(F), by striking ``and'' at the end;
(G) in paragraph (7) (as so redesignated)--
(i) by striking ``and'' before ``potential''; and
(ii) by striking the period at the end and inserting ``,
and other relevant stakeholders, as determined by the
Secretary of Energy; and''; and
(H) by adding at the end the following:
``(8) leverage the collective body of knowledge and data,
including experience and resources from existing Federal
research activities and commercially available quantum
computing hardware and software, to the extent
practicable.''; and
(3) by adding at the end the following:
``(c) Industry Outreach.--In carrying out the program under
subsection (a), the Secretary of Energy shall engage with the
quantum technology industry and promote commercialization of
applications of quantum technology relevant to the activities
of the Department of Energy by--
``(1) educating--
``(A) the energy industry and other relevant industries on
near-term and commercially available quantum technologies;
and
``(B) the quantum industry on potential energy and other
relevant applications;
``(2) accelerating the advancements of United States
quantum computing, communications, networking, sensing, and
security capabilities to protect and optimize the energy
sector;
``(3) advancing relevant domestic supply chains,
manufacturing capabilities, and associated simulations or
modeling capabilities;
[[Page S3976]]
``(4) facilitating commercialization of quantum
technologies from National Laboratories and engaging with the
Quantum Economic Development Consortium and other
organizations, as applicable, to transition component
technologies that advance the development of a quantum supply
chain; and
``(5) to the extent practicable, ensuring industry partner
access, especially for small- and medium-sized businesses, to
specialized quantum instrumentation, equipment, testbeds, and
other infrastructure to design, prototype, and test novel
quantum hardware and streamline user access to reduce costs
and other administrative burdens.
``(d) High-Performance Computing Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary of Energy shall
submit to Congress a 5-year strategic plan to guide Federal
programs in designing, expanding, and procuring hybrid,
energy-efficient high-performance computing systems capable
of integrating with a diverse set of technologies, including
quantum, artificial intelligence, and machine learning, to
enable the computing facilities of the Department of Energy
to advance national computing resources.
``(2) Contents.--The strategic plan under paragraph (1)
shall include the following:
``(A) A conceptual plan to leverage capabilities and
infrastructure from the high-performance computing resources
of the Department of Energy, as the Secretary of Energy
determines necessary.
``(B) A plan to minimize disruptions to the advanced
scientific computing workforce.
``(C) A consideration of a diversity of quantum computing
modalities.
``(D) A plan to integrate cloud access of commercially
available quantum hardware and software to complement on-
premises high-performance computing systems and resources
consistent with the QUEST program established under section
404.
``(e) Early-Stage Quantum High-Performance Computing
Research and Development Program.--
``(1) Definition of quantum high-performance computing.--In
this subsection, the term `quantum high-performance
computing' means the use of quantum computing systems that
are supported by classical high-performance computing systems
and artificial intelligence supercomputers to solve complex
problems.
``(2) Program.--The Secretary of Energy shall establish an
early-stage research and development program in quantum high-
performance computing--
``(A) to inform the 5-year strategic plan described in
subsection (d)(1); and
``(B) to build the necessary scientific computing workforce
to fulfill the objectives of that plan.
``(3) Activities.--The program established under paragraph
(2) shall--
``(A) support early-stage quantum computing testbeds, user
access, and prototypes; and
``(B) connect early-stage quantum high-performance
computing projects to the Centers funded under this Act.
``(f) Supply Chain Study.--Not later than 1 year after the
date of enactment of this subsection, the Secretary of
Energy, in consultation with the Secretary of Commerce, shall
conduct a study on quantum science, engineering, and
technology supply chain needs, including--
``(1) identifying hurdles to growth in the quantum industry
by leveraging the expertise of relevant stakeholders in
academia and industry, including the Quantum Economic
Development Consortium; and
``(2) making recommendations on how to strengthen the
domestic supply of materials and technologies necessary for
the development of a robust manufacturing base and workforce.
``(g) Traineeship Program.--The Secretary of Energy shall
establish a university-led traineeship program--
``(1) to address workforce development needs in quantum
information science, engineering, and technology; and
``(2) that will focus on supporting increased
participation, workforce development, and research
experiences for undergraduate and graduate students,
including students attending institutions located in States
eligible to participate in the Established Program to
Stimulate Competitive Research under section 113 of the
National Science Foundation Authorization Act of 1988 (42
U.S.C. 1862g), consistent with section 3167B(a) of the
Department of Energy Science Education Enhancement Act (42
U.S.C. 7381c-3(a)).
``(h) Coordination of Activities.--In carrying out this
section, the Secretary of Energy shall--
``(1) ensure all activities are consistent with the
limitations established under section 6340 of title 10,
United States Code; and
``(2) to the maximum extent practicable, coordinate with
the Director of the National Science Foundation, the Director
of the National Institute of Standards and Technology, the
Administrator of the National Aeronautics and Space
Administration, the Director of the Defense Advanced Research
Projects Agency, and the heads of other relevant Federal
departments and agencies to ensure that programs and
activities carried out under this section complement and do
not duplicate existing efforts across the Federal
government.''.
(b) Department of Energy Quantum Verification and
Validation Program.--The National Quantum Initiative Act is
amended by inserting after section 401 (15 U.S.C. 8851) the
following:
``SEC. 401A. DEPARTMENT OF ENERGY QUANTUM VERIFICATION AND
VALIDATION PROGRAM.
``(a) In General.--The Secretary of Energy shall establish
a verification and validation program--
``(1) to maintain United States leadership in quantum
information science, engineering, and technology;
``(2) to provide resources for the broader scientific
community; and
``(3) to support activities carried out under sections 401,
402, 403, and 404.
``(b) Program Components.--In carrying out the program
under subsection (a), the Secretary of Energy shall--
``(1) acquire, deploy, and maintain specialized equipment,
laboratory infrastructure, and state-of-the-art
instrumentation necessary to support quantum verification and
validation activities and the broader objectives of the
program;
``(2) leverage the capabilities of National Laboratories,
Nanoscale Science Research Centers, and other partners of the
Department of Energy, including facilities and experts that
research and develop novel quantum materials and devices; and
``(3) consider the technologies and end-use applications
that have significant economic potential, as determined by
the Secretary, based on consultation with relevant
stakeholders in academia and industry, including the Quantum
Economic Development Consortium.
``(c) Quantum Verification and Validation.--In carrying out
the program under subsection (a), the Secretary of Energy
shall support the development and deployment of capabilities
to test, characterize, verify, and validate quantum
information science, engineering, and technology systems,
including--
``(1) measurement and characterization of quantum devices,
components, and materials at the qubit level;
``(2) verification and validation of quantum hardware,
software, and integrated systems;
``(3) benchmarking and characterization of system
performance, scalability, reliability, and error modalities
across a diversity of quantum computing, sensing, networking,
and communications platforms; and
``(4) development of testing protocols, standards,
metrology, and evaluation methodologies to support research,
development, demonstration, and commercialization activities.
``(d) Consultation.--In carrying out the program under
subsection (a), the Secretary of Energy shall consult with
the following entities to identify the instrumentation,
equipment, infrastructure, and materials needed to support
the objectives of that program:
``(1) The National Institute of Standards and Technology.
``(2) The National Science Foundation.
``(3) The National Aeronautics and Space Administration.
``(4) Any other relevant Federal agency.
``(5) The National Laboratories.
``(6) National Quantum Information Science Research
Centers.
``(7) Industry stakeholders.
``(8) Institutions of higher education.
``(9) Any other research institution.''.
(c) National Quantum Information Science Research
Centers.--Section 402 of the National Quantum Initiative Act
(15 U.S.C. 8852) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``basic''; and
(ii) by striking ``science and technology and to support
research conducted under section 401'' and inserting
``science, engineering, and technology, expand capacity for
the domestic quantum workforce, and support research
conducted under sections 401, 403, and 404''; and
(B) in paragraph (2)(C), by inserting ``that may include 1
or more commercial entities'' after ``collaborations'';
(2) in subsection (b), by inserting ``and should be
inclusive of the variety of viable quantum technologies, as
appropriate'' before the period at the end;
(3) in subsection (c)--
(A) by striking ``basic''; and
(B) by inserting ``, engineering, and technology,
accelerating quantum workforce development,'' after
``science''; and
(4) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Renewal.--Each Center established under this section
may be renewed for an additional period of 5 years following
a successful, merit-based review and approval by the
Director.''.
(d) Department of Energy Quantum Network Infrastructure
Research and Development Program.--Section 403 of the
National Quantum Initiative Act (15 U.S.C. 8853) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) by inserting ``, including'' after ``networking''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(6) as applicable, leverage a diversity of modalities and
commercially available quantum hardware and software; and
[[Page S3977]]
``(7) develop education and training pathways related to
quantum network infrastructure investments, aligned with
existing programmatic investments by the Department of
Energy.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(ii) by inserting after subparagraph (B) the following:
``(C) the Administrator of the National Aeronautics and
Space Administration and the head of any other relevant
Federal agency, as determined by the Secretary;'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``ground-to-space
and'' before ``space-to-ground'';
(ii) in subparagraph (E), by striking ``photon-based'' and
inserting ``all applicable modalities of'';
(iii) in subparagraph (F), by inserting ``, quantum
sensors,'' after ``quantum repeaters'';
(iv) in subparagraph (G)--
(I) by inserting ``data centers,'' after ``repeaters,'';
and
(II) by striking ``and'' at the end;
(v) in subparagraph (H)--
(I) by striking ``the quantum technology stack'' and
inserting ``quantum technology modality stacks''; and
(II) by striking ``National Laboratories in the Energy
Sciences Network User Facility;'' and inserting ``National
Laboratories, such as the Energy Sciences Network User
Facility, subject to the condition that such activities are
conducted on a noninterference basis with National Nuclear
Security Administration missions for National Laboratories
supporting such missions; and''; and
(vi) by adding at the end the following:
``(I) development of quantum network and entanglement
distribution protocols or applications, including development
of network stack protocols and protocols enabling integration
with existing technologies or infrastructure;'';
(C) in paragraph (4)--
(i) by striking ``basic''; and
(ii) by striking ``material'' and inserting ``materials'';
and
(D) in paragraph (5), by striking ``fundamental''; and
(3) in subsection (d), by striking ``basic research'' and
inserting ``research, development, and demonstration''.
(e) Department of Energy Quantum User Expansion for Science
and Technology Program.--Section 404 of the National Quantum
Initiative Act (15 U.S.C. 8854) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``and quantum computing clouds'' and inserting ``, software,
and cloud-based quantum computing'';
(B) in paragraph (3), by striking ``and'' at the end;
(C) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(5) to enable development of software and applications,
including estimation of resources needed to scale
applications; and
``(6) to develop near-term quantum applications to solve
public and private sector problems.'';
(2) in subsection (b)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(6) enable users to develop algorithms, software tools,
simulators, and applications for quantum systems using cloud-
based quantum computers; and
``(7) partner with appropriate public- and private-sector
entities to develop training and education opportunities on
prototype and early-stage devices to support commercial
applications.''; and
(3) in subsection (c)--
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) the National Oceanic and Atmospheric
Administration;''.
(f) Research Security.--
(1) Definitions.--In this subsection:
(A) Covered sections.--The term ``covered sections''
means--
(i) sections 401, 402, 403, and 404 of the National Quantum
Initiative Act (15 U.S.C. 8851, 8852, 8853, and 8854) (as
amended by this Act); and
(ii) section 401A of the National Quantum Initiative Act
(as added by section 3).
(B) Foreign country of concern.--The term ``foreign country
of concern'' means--
(i) a covered nation (as defined in section 4872(d) of
title 10, United States Code); and
(ii) any other country that the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of
State, and the Director of National Intelligence, determines
to be engaged in conduct that is detrimental to the national
security or foreign policy of the United States.
(C) Foreign institution of concern.--The term ``foreign
institution of concern'' means a foreign institution that--
(i) is designated as a foreign terrorist organization by
the Secretary of State under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a));
(ii) is included on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury;
(iii) is owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation (as defined in section
4872(d) of title 10, United States Code);
(iv) is alleged by the Attorney General to have been
involved in activities for which a conviction was obtained
under--
(I) chapter 37 of title 18, United States Code (commonly
known as the ``Espionage Act'');
(II) section 951 or 1030 of title 18, United States Code;
(III) chapter 90 of title 18, United States Code (commonly
known as the ``Economic Espionage Act of 1996'');
(IV) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(V) section 224, 225, 226, 227, or 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, 2284);
(VI) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.); or
(VII) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
(v) is determined by the Secretary of Energy, in
consultation with the Secretary of Defense and the Director
of National Intelligence, to be engaged in unauthorized
conduct that is detrimental to the national security or
foreign policy of the United States.
(2) Research security.--The Secretary of Energy shall carry
out the covered sections in coordination with the research
security requirements and authorities established under
section 10114 of the Research and Development, Competition,
and Innovation Act (42 U.S.C. 18912) and any other research
security authorities available to the Secretary of Energy.
(3) Confucius institutes.--None of the funds made available
to carry out the covered sections may be obligated to or
expended by an institution of higher education that maintains
a contract or other agreement with a Confucius Institute or
any successor of a Confucius Institute.
(4) Restrictions on collaboration with foreign countries
and institutions of concern.--None of the funds made
available to carry out the covered sections may be obligated
or expended to promote, establish, or finance quantum
research activities between a United States institution and a
foreign country of concern or foreign institution of concern.
SEC. 6047. IMPROVE INITIATIVE.
Part B of title IV of the Public Health Service Act (42
U.S.C. 284 et seq.) is amended by adding at the end the
following:
``SEC. 409K. IMPROVE INITIATIVE.
``(a) In General.--The Director of NIH shall carry out a
program of research to improve health outcomes, to be known
as the Implementing a Maternal health and PRegnancy Outcomes
Vision for Everyone Initiative (referred to in this section
as the `Initiative').
``(b) Objectives.--The Initiative shall--
``(1) advance research to--
``(A) reduce preventable causes of maternal mortality and
severe maternal morbidity;
``(B) reduce health disparities related to maternal health
outcomes, including such disparities associated with
medically underserved populations; and
``(C) improve health for pregnant and postpartum women
before, during, and after pregnancy;
``(2) use an integrated approach to understand the factors,
including biological, behavioral, and other factors, that
affect maternal mortality and severe maternal morbidity by
building an evidence base for improved outcomes in specific
regions of the United States; and
``(3) target health disparities associated with maternal
mortality and severe maternal morbidity by--
``(A) implementing and evaluating community-based
interventions for disproportionately affected women; and
``(B) identifying risk factors and the underlying
biological mechanisms associated with leading causes of
maternal mortality and severe maternal morbidity in the
United States.
``(c) Sunset.--This section shall cease to have any force
or effect on the date that is 5 years after the date of
enactment of this section.''.
SEC. 6048. STOP FOREIGN SPYWARE ACT.
(a) Short Title.--This section may be cited as the ``Stop
Foreign Spyware Act''.
(b) Amendments.--Section 1030 of title 18, United States
Code, is amended--
(1) by striking ``(g) Any'' and inserting the following:
``(g)(1) In general.--Any''; and
(2) by inserting after subsection (g)(1), as so
redesignated by paragraph (1), the following:
``(2) Foreign Persons Using Spyware.--
``(A) Definitions.--In this paragraph:
``(i) Commercial spyware.--The term `commercial spyware'
means spyware that is furnished for commercial purposes.
``(ii) Foreign person.--The term `foreign person' means a
non-United States person (as defined in section 2523) located
outside the United States; and
``(iii) Spyware.--The term `spyware' has the meaning given
that term in section 1102A(a)(5) of the National Security Act
of 1947 (50 U.S.C. 3232a(a)(5)), including the end-to-end
systems described in subparagraphs (A) through (D) of that
section.
[[Page S3978]]
``(B) Venue.--A civil action described in paragraph (1)
against a foreign person and in which the alleged violations
occurred via the use of commercial spyware, may be instituted
in the district court of the United States for any district
where--
``(i) any plaintiff resides;
``(ii) any defendant resides, is subject to service, or has
an agent; or
``(iii) a person or entity resides, has its principal place
of business, or has its place of incorporation (as
applicable), if the access or use of such person or entity's
hardware, software, servers, or services gave rise to the
alleged violation of this section.
``(C) Convenience of the forum.--The district court shall
not dismiss a civil action described in subparagraph (B) on
the grounds of the inconvenience or inappropriateness of the
forum chosen.
``(D) Consent to personal jurisdiction.--For a civil action
described in subparagraph (B), a foreign person defendant
shall be deemed to have consented to personal jurisdiction in
such civil action if the defendant--
``(i) carried out, enabled, or directed the use of
commercial spyware that accesses or uses any person or
entity's hardware, software, servers, or services, where such
person or entity resides, has its principal place of
business, or has its place of incorporation (as applicable),
or such hardware, software, servers, or services are located,
in the United States; or
``(ii) developed, furnished, sold, licensed, approved the
sale or license of, or has an ownership stake in, commercial
spyware that accesses or uses any person or entity's
hardware, software, servers, or services, where such person
or entity resides, has its principal place of business, or
has its place of incorporation (as applicable), or such
hardware, software, servers, or services are located, in the
United States .
``(E) Rule of construction.--This paragraph shall be
liberally construed to carry out the purpose of Congress to
provide relief for persons targeted by foreign commercial
spyware, consistent with the United States' national security
and foreign policy interests in countering the
counterintelligence threats posed by foreign commercial
spyware.''.
(c) Applicability.--This section, and the amendments made
by this section, shall apply to any pending case or any cause
of action arising on or after the date that is 4 years before
the date of enactment of this Act.
SEC. 6049. REAUTHORIZATION OF TROPICAL FOREST AND CORAL REEF
CONSERVATION ACT OF 1998.
Section 806(d) of the Tropical Forest and Coral Reef
Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by
adding at the end the following new paragraphs:
``(14) $20,000,000 for fiscal year 2028.
``(15) $20,000,000 for fiscal year 2029.
``(16) $20,000,000 for fiscal year 2030.
``(17) $20,000,000 for fiscal year 2031.
``(18) $20,000,000 for fiscal year 2032.''.
SEC. 6050. DELAWARE RIVER BASIN CONSERVATION REAUTHORIZATION.
(a) Findings.--Section 3501(2) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130
Stat. 1771) is amended by inserting ``Maryland,'' after
``Delaware,''.
(b) Definitions of Basin and Basin State.--Section 3502 of
the Water Infrastructure Improvements for the Nation Act
(Public Law 114-322; 130 Stat. 1773) is amended--
(1) in paragraph (1)--
(A) by striking ``4-State'' and inserting ``5-State''; and
(B) by inserting ``Maryland,'' after ``Delaware,''; and
(2) in paragraph (2), by inserting ``Maryland,'' after
``Delaware,''.
(c) Priority.--Section 3504 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130
Stat. 1774) is amended by adding at the end the following:
``(d) Priority.--In selecting a project to be funded under
the grant program, the Secretary may give priority to a
project that serves a small, rural, or disadvantaged
community.''.
(d) Sunset.--Section 3507 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130
Stat. 1775) is amended by striking ``2023'' and inserting
``2033''.
SEC. 6051. MAPPING AMERICA'S PHARMACEUTICAL SUPPLY.
(a) Short Title.--This section may be cited as the or the
This section may be cited as the ``Mapping America's
Pharmaceutical Supply Act'' or the ``MAPS Act''..
(b) U.S. Pharmaceutical Supply Chains Mapping.--
(1) Pharmaceutical supply chain mapping.--The Secretary, in
coordination with the heads of other relevant Federal
departments and agencies, shall ensure coordination of
efforts of the Department of Health and Human Services,
including through public-private partnerships, as
appropriate, to--
(A) map, or otherwise visualize, the supply chains, from
manufacturing of key starting materials through manufacturing
of finished dosage forms and distribution, of drugs and
biological products, including the active ingredients of
those drugs and biological products, that are--
(i) directly related to responding to chemical, biological,
radiological, or nuclear threats and incidents covered by the
National Response Framework; or
(ii) of greatest priority for providing health care and
identified as being at high risk of shortage; and
(B) use data analytics to identify supply chain
vulnerabilities that pose a threat to national security, as
determined by the Secretary or the heads of other relevant
Federal departments and agencies.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) describe the roles and responsibilities of agencies and
offices within the Department of Health and Human Services
related to monitoring such supply chains and assessing any
related vulnerabilities;
(B) facilitate the exchange of information between Federal
departments, agencies, and offices, as appropriate and
necessary to enable such agencies and offices to carry out
roles and responsibilities described in subparagraph (A)
related to drugs and biological products described in
paragraph (1)(A), which may include--
(i) the location of establishments registered under
subsection (b), (c), or (i) of section 510 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360) involved in the
production of drugs and biological products, including the
active ingredients of those drugs and biological products,
described in paragraph (1)(A), and to the extent available,
the amount of each such drug and biological product,
including the active ingredients of those drugs and
biological products, produced at each such establishment;
(ii) to the extent available and as appropriate, the
location of establishments so registered involved in the
production of the key starting materials and excipients
needed to produce each drug and biological product, including
the active ingredients of those drugs and biological
products, and the amount of such materials and excipients
produced at each such establishment; and
(iii) any applicable regulatory actions with respect to
each such drug and biological product, or the establishments
manufacturing such drugs and biological products, including
with respect to--
(I) inspections and related regulatory activities conducted
under section 704 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 374);
(II) seizures pursuant to section 304 of such Act (21
U.S.C. 334);
(III) any recalls issued;
(IV) drugs or biological products that are, at the time of
the determination, or that were at a previous time, included
on the drug shortage list consistent with section 506E of
such Act (21 U.S.C. 356e); and
(V) discontinuances or interruptions in the production of
such drugs or biological products under 506C of such Act (21
U.S.C. 355d).
(3) Report.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the
Secretary, in consultation with the heads of departments and
agencies with which the Secretary coordinates under paragraph
(1), shall submit a report to the relevant committees of
Congress on--
(A) the current status of efforts to map and analyze
pharmaceutical supply chains, as described in paragraph (1);
(B) activities of the Secretary carried out under this
subsection to coordinate efforts as described in paragraph
(1), including information sharing between relevant Federal
departments, agencies, and offices;
(C) the roles and responsibilities described in paragraph
(2)(A), including the identification of any gaps, data
limitations, or areas of unnecessary duplication between such
roles and responsibilities;
(D) the extent to which Federal agencies use data analytics
to conduct predictive modeling of anticipated drug shortages
or risks associated with supply chain vulnerabilities that
pose a threat to national security;
(E) the extent to which the Secretary has engaged relevant
industry in such mapping;
(F) the drugs and biological products, including the active
ingredients of those drugs and biological products, described
in paragraph (1)(A) that rely on, for more than 50 percent of
production, a high-risk foreign supplier or foreign entity of
concern (as defined in section 9901(8) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4651(8)));
(G) the drugs and biological products, including the active
ingredients of those drugs and biological products, described
in paragraph (1)(A) that are sourced from foreign
establishments for more than 50 percent of production,
including drugs manufactured domestically from active
pharmaceutical ingredients sourced from foreign
establishments for more than 50 percent of production;
(H) the current domestic manufacturing capabilities for
drugs and biological products, including the active
ingredients of those drugs and biological products, described
in paragraph (1)(A), including the key starting materials and
excipients of such drugs, biological products, and
ingredients, and whether such capabilities utilize advanced
manufacturing technologies; and
(I) any public health or national security risks, including
cybersecurity threats and critical infrastructure
designations, with respect to the supply chains of drugs and
biological products, including the active ingredients of
those drugs and biological products, described in paragraph
(1)(A).
(c) Department of Defense Biannual Reports.--Not later than
180 days after the date of enactment of this Act, and every
180 days thereafter, the Secretary of Defense shall submit to
the relevant committees of
[[Page S3979]]
Congress a report that lists all drugs purchased by the
Department of Defense during the 180-day period preceding the
date of the report--
(1) that contain key starting materials, excipients, or
active pharmaceutical ingredients sourced from the People's
Republic of China; or
(2) for which the finished drug product was manufactured in
the People's Republic of China.
(d) Definitions.--In this section:
(1) Advanced manufacturing.--The term ``advanced
manufacturing'' has the meaning given the term ``advanced and
continuous pharmaceutical manufacturing'' in section 3016(h)
of the 21st Century Cures Act (21 U.S.C. 399h(h)).
(2) Biological product.--The term ``biological product''
has the meaning given such term in section 351(i) of the
Public Health Service Act (42 U.S.C. 262(i)).
(3) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given such term in section 2200 of
the Homeland Security Act of 2002 (6 U.S.C. 650).
(4) Drug.--The term ``drug'' has the meaning given such
term in section 201(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)).
(5) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Health, Education, Labor, and Pensions of the Senate; and
(B) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives.
(6) Secretary.--The term ``Secretary'', except as otherwise
specified, means the Secretary of Health and Human Services.
(e) Additional Provisions.--
(1) Confidential commercial information.--The exchange of
information among the Secretary and the heads of other
relevant Federal departments and agencies for purposes of
carrying out subsection (b) shall not be a violation of
section 1905 of title 18, United States Code. This section
shall not be construed to affect the status, if any, of such
information as trade secret or confidential commercial
information for purposes of section 301(j) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)), section 552
of title 5, United States Code, or section 1905 of title 18,
United States Code.
(2) Cybersecurity measures.--The Secretary shall ensure
that robust cybersecurity measures are in place to prevent
inappropriate access to, or unauthorized disclosure of, the
information identified, exchanged, or disclosed under
subsection (b).
SEC. 6052. SENTENCING ENHANCEMENTS FOR CERTAIN CRIMINAL
OFFENSES DIRECTED BY OR COORDINATED WITH
FOREIGN GOVERNMENTS.
(a) Kidnapping.--Section 1201 of title 18, United States
Code, is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following:
``(h) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.--
``(1) In general.--The sentence of a person convicted of an
offense under subsection (a) may be increased by up to 10
years if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government.
``(2) Conspiracy.--The sentence of a person convicted of
conspiring to commit a violation of subsection (a) as part of
a conspiracy under the elements specified in subsection (c)
may be increased by up to 10 years if--
``(A) 1 or more of the persons involved in such conspiracy
were knowingly acting in coordination with a foreign
government or an agent of a foreign government; and
``(B) the person convicted of conspiring to commit a
violation of subsection (a) knew that 1 or more of the
persons involved in such conspiracy were knowingly acting in
coordination with a foreign government or an agent of a
foreign government.
``(3) Attempt.--The sentence of a person convicted of an
attempt to violate subsection (a) may be increased by up to 5
years if such attempt was knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government.
``(4) Definition.--In this subsection, the term `agent of a
foreign government' means any person who acts as an agent,
representative, employee, or servant, or any person who acts
in any other capacity at the order, request, or under the
direction or control, of--
``(A) a foreign government or any component thereof,
including an official or employee of a foreign government; or
``(B) a person any of whose activities are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in major part by a foreign government
or any component thereof, including an official or employee
of a foreign government.''; and
(3) in subsection (i), as so designated, by inserting
``Definition.--'' before ``As used in this section''.
(b) Use of Interstate Commerce Facilities in the Commission
of Murder-for-hire.--
(1) In general.--Section 1958 of title 18, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection (c);
(B) by inserting after subsection (a) the following:
``(b) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.--The sentence of a
person convicted of an offense under subsection (a)--
``(1) may be increased by up to 5 years, if such offense
was committed knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government; and
``(2) may be increased by up to 10 years--
``(A) if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government; and
``(B) personal injury results.''; and
(C) in subsection (c), as so redesignated--
(i) by inserting ``Definitions.--'' before ``As used in
this section'';
(ii) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively; and
(iii) by inserting before paragraph (2), as so
redesignated, the following:
``(1) the term `agent of a foreign power' has the meaning
given that term in section 1201(h);''.
(2) Technical and conforming amendments.--
(A) Section 2332b(g)(2) of title 18, United States Code, is
amended by striking ``section 1958(b)(2)'' and inserting
``section 1958''.
(B) Section 1010A(d) of the Controlled Substances Import
and Export Act (21 U.S.C. 960a(d)) is amended by striking
``section 1958(b)(1)'' and inserting ``section 1958''.
(c) Influencing, Impeding, or Retaliating Against a Federal
Official by Threatening or Injuring a Family Member.--Section
115(b) of title 18, United States Code, is amended by adding
at the end the following:
``(5) The sentence of a person convicted of an offense
under subsection (a), if such offense was committed knowingly
at the direction of or in coordination with a foreign
government or an agent of a foreign government (as defined in
section 1201(h))--
``(A) may be increased by up to 5 years if the offense
committed was an assault involving physical contact with the
victim of that assault or the intent to commit another
felony;
``(B) may be increased by up to 10 years if--
``(i) the offense committed was an assault resulting in
bodily injury (including serious bodily injury (as that term
is defined in section 1365 of this title));
``(ii) the offense involved any conduct that, if the
conduct occurred in the special maritime and territorial
jurisdiction of the United States, would violate section 2241
or 2242 of this title; or
``(iii) a dangerous weapon was used during and in relation
to the offense; and
``(C) may be increased by up to 10 years if the offense
committed was a murder, attempted murder, or conspiracy to
murder.''.
(d) Stalking.--Section 2261A of title 18, United States
Code, is amended--
(1) by striking ``Whoever--'' and inserting ``(a) In
General.--Except as provided in subsection (b), whoever--'';
and
(2) by adding at the end the following:
``(b) Enhanced Penalties for Offenses Involving Foreign
Governments.--The sentence of a person convicted of an
offense under paragraph (1) or (2) of subsection (a), if such
offense was committed knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government (as defined in section 1201(h))--
``(1) may be increased by up to 5 years if--
``(A) serious bodily injury (including permanent
disfigurement or life threatening bodily injury) to the
victim results;
``(B) the offender uses a dangerous weapon during the
offense; or
``(C) the victim of the offense is under the age of 18
years;
``(2) may be increased by up to 10 years if death of the
victim results; and
``(3) may be increased by up to 30 months in any other
case.''.
(e) Protection of Officers and Employees of the United
States.--Section 1114 of title 18, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.--The sentence of a
person convicted of an offense under subsection (a) may be
increased by up to 10 years if such offense was committed
knowingly at the direction of or in coordination with a
foreign government or an agent of a foreign government (as
defined in section 1201(h)).''.
(f) Presidential and Presidential Staff Assassination,
Kidnapping, and Assault.--Section 1751 of title 18, United
States Code, is amended--
(1) by redesignating subsections (f) through (k) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
``(f)(1) The sentence of a person convicted of an offense
under subsection (a), (b), or (c) may be increased by up to
10 years if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government.
``(2) The sentence of a person convicted of conspiring to
kill or kidnap any individual designated in subsection (a) as
part of a conspiracy under the elements specified in
subsection (d) may be increased by up to 10 years if--
[[Page S3980]]
``(A) 1 or more of the persons involved in such conspiracy
were knowingly acting in coordination with a foreign
government or an agent of a foreign government; and
``(B) the person convicted of conspiring to kill or kidnap
an individual designated in subsection (a) knew that 1 or
more of the persons involved in such conspiracy were
knowingly acting in coordination with a foreign government or
an agent of a foreign government.
``(3) The sentence of a person convicted of an offense
under subsection (e) may be increased by up to 10 years if--
``(A) the victim was any person designated in subsection
(a)(1); and
``(B) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
``(4) The sentence of a person convicted of an offense
under subsection (e) may be increased by up to 10 years if--
``(A) the victim was any person designated in subsection
(a)(2); and
``(B) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
``(5) The sentence of a person convicted of an offense
under subsection (e) may be increased by up to 10 years if--
``(A)(i) the offense involved the use of a dangerous
weapon; or
``(ii) personal injury resulted; and
``(B) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
``(6) In this subsection, the term `agent of a foreign
power' has the meaning given that term in section 1201(h).''.
SEC. 6053. PURCHASES OF SEMICONDUCTOR MANUFACTURING
EQUIPMENT.
(a) Short Title.--This section may be cited as the ``Chip
Equipment Quality, Usefulness, and Integrity Protection Act
of 2026'' or the ``Chip EQUIP Act''.
(b) Definitions.--Section 9901 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4651) is amended by adding at the end the
following:
``(14) The term `completed, fully assembled', with respect
to semiconductor manufacturing equipment, means the state in
which all (or substantially all) necessary parts, chambers,
subsystems, and subcomponents have been put together,
resulting in such equipment that is--
``(A) ready-to-use or ready-to-install; and
``(B) ready to be purchased directly from an entity.
``(15) The term `ineligible semiconductor manufacturing
equipment'--
``(A) means completed, fully assembled equipment that is
manufactured, assembled, or refurbished by a foreign entity
of concern, or a subsidiary or affiliate thereof, and
designed for use in the fabrication, assembly, testing,
advanced packaging, production, or research and development
of semiconductors;
``(B) includes--
``(i) deposition equipment;
``(ii) etching equipment;
``(iii) lithography equipment;
``(iv) inspection, measuring, and test equipment;
``(v) wafer slicing equipment;
``(vi) wafer dicing equipment;
``(vii) wire bonders;
``(viii) ion implantation equipment;
``(ix) chemical mechanical polishing;
``(x) diffusion or oxidation furnaces;
``(xi) thermal processing equipment; and
``(xii) automated material handling systems; and
``(C) does not include any part, chamber, subsystem, or
subcomponent that enables or is incorporated into such
equipment.''.
(c) Ineligible Use of Funds.--Section 9909 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4659) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Ineligible Use of Funds.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall include in the terms of each agreement with a
covered entity for the award of Federal financial assistance
under section 9902, or with the recipient of an award made
under section 9906, prohibitions with respect to a project
relating to the procurement, installation, or use of
ineligible semiconductor manufacturing equipment, to be
effective for 10 years beginning on the date on which the
agreement is signed.
``(2) Waiver.--The Secretary may waive the prohibitions
referred to in paragraph (1) if--
``(A) the ineligible semiconductor manufacturing equipment
to be purchased by the applicable covered entity is not
produced in the United States or an allied or partner country
in sufficient and reasonably available quantities or of a
satisfactory quality to support established or expected
production capabilities;
``(B) the ineligible semiconductor manufacturing equipment
at issue was manufactured and assembled by an entity that is
not a foreign entity of concern, or a subsidiary or affiliate
thereof, and was refurbished by a foreign entity of concern,
or a subsidiary or affiliate thereof; or
``(C)(i) the use of the ineligible semiconductor
manufacturing equipment complies with the requirements set
forth in the Export Administration Regulations (as such term
is defined in section 1742 of the Export Control Reform Act
of 2018 (50 U.S.C. 4801)); and
``(ii) the Secretary, in consultation with the Director of
National Intelligence or the Secretary of Defense, determines
such waiver is in the national security interest of the
United States.
``(3) Prior agreements.--
``(A) In general.--The prohibitions referred to in
paragraph (1) shall not apply to any ineligible semiconductor
manufacturing equipment that--
``(i) has been installed by the applicable covered entity
prior to the date of enactment of the Chip EQUIP Act; or
``(ii) is allowed to be procured, installed, or used by the
applicable covered entity under the terms of an agreement
that was entered into before the date of enactment of the
Chip EQUIP Act between the Secretary and the covered entity.
``(B) Limitation.--Nothing in clause (ii) of subparagraph
(A) shall be construed to authorize the procurement,
installation, or use of ineligible semiconductor
manufacturing equipment that is not allowed under the terms
of an agreement entered into prior to the date of enactment
of the Chip EQUIP Act.
``(4) Foreign entities of concern.--Nothing in this
subsection may be construed to waive the application of
section 9907.''.
SEC. 6054. AUTHORIZATION OF CERTAIN PUBLIC LIBRARIES TO
COLLECT AND RETAIN FEES FOR ACCEPTANCE AND
EXECUTION OF PASSPORT APPLICATIONS.
(a) In General.--Subsection (a) of the Passport Act of June
4, 1920 (22 U.S.C. 214(a)), is amended by adding at the end
the following:
``(4) The Secretary of State may authorize a public library
that is organized as a nongovernmental organization, a
nonprofit, charitable organization, or a trust to serve as a
passport acceptance facility and to collect and retain the
execution fee for a passport accepted by such public library
if such library is in compliance with regulations prescribed
by the Secretary of State for the acceptance and execution of
passport applications.''.
(b) Authorization of Public Libraries Which Previously
Served as Passport Acceptance Facilities.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall
authorize any public library to serve as a passport
acceptance facility and to collect and retain an execution
fee for a passport accepted by such library, if, before the
date of the enactment of this Act, such public library--
(A) served as a passport acceptance facility; and
(B) was in compliance with the regulations prescribed by
the Secretary of State for the acceptance and execution of
passport applications.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the relevant congressional committees a report that
includes--
(A) documentation of the Secretary's compliance with the
requirements described in paragraph (1); or
(B) if the Secretary is not in compliance with such
requirements, an explanation for such noncompliance.
(c) Conforming Amendment.--Subsection (a)(1) of the
Passport Act of June 4, 1920 (22 U.S.C. 214(a)(1)), is
amended--
(1) by striking ``State officials or the United States
Postal Service'' and inserting ``a State, a local government,
the United States Postal Service, or a public library that
meets the requirements described in paragraph (4)''; and
(2) by striking ``by such officials or by that Service.''
and inserting ``by such State, local government, Postal
Service, or public library.''.
SEC. 6055. BENEFIT CALCULATION FOR CERTAIN AUTO AND DEFENSE
PENSIONS.
(a) Guaranteed Benefit Calculation for Certain Plans.--
(1) In general.--
(A) Increase to full vested plan benefit.--
(i) In general.--For purposes of determining what benefits
are guaranteed under section 4022 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1322) with respect to
an eligible participant or beneficiary under a covered plan
specified in subparagraph (D) in connection with the
termination of such plan, the amount of monthly benefits
shall be equal to the full vested plan benefit with respect
to the participant.
(ii) No effect on previous determinations.--Nothing in this
Act shall be construed to change the allocation of assets and
recoveries under sections 4044(a) and 4022(c) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1344(a);
1322(c)) as previously determined by the Pension Benefit
Guaranty Corporation (referred to in this section as the
``corporation'') for the covered plans specified in
subparagraph (D), and the corporation's applicable rules,
practices, and policies on benefits payable in terminated
single-employer plans shall, except as otherwise provided in
this section, continue to apply with respect to such covered
plans.
(B) Recalculation of certain benefits.--
(i) In general.--In any case in which the amount of monthly
benefits with respect to
[[Page S3981]]
an eligible participant or beneficiary described in
subparagraph (A) was calculated prior to the date of
enactment of this Act, the corporation shall recalculate such
amount pursuant to subparagraph (A), and shall adjust any
subsequent payments of such monthly benefits accordingly, as
soon as practicable after such date.
(ii) Lump-sum payments of past-due benefits.--Not later
than 180 days after the date of enactment of this Act, the
corporation, in consultation with the Secretary of the
Treasury and the Secretary of Labor, shall make a lump-sum
payment to each eligible participant or beneficiary whose
guaranteed benefits are recalculated under clause (i) in an
amount equal to--
(I) in the case of an eligible participant, the excess of--
(aa) the total of the full vested plan benefits of the
participant for all months for which such guaranteed benefits
were paid prior to such recalculation, over
(bb) the sum of any applicable payments made to the
eligible participant; and
(II) in the case of an eligible beneficiary, the sum of--
(aa) the amount that would be determined under subclause
(I) with respect to the participant of which the eligible
beneficiary is a beneficiary if such participant were still
in pay status; plus
(bb) the excess of--
(AA) the total of the full vested plan benefits of the
eligible beneficiary for all months for which such guaranteed
benefits were paid prior to such recalculation, over
(BB) the sum of any applicable payments made to the
eligible beneficiary.
Notwithstanding the previous sentence, the corporation shall
increase each lump-sum payment made under this clause to
account for foregone interest in an amount determined by the
corporation designed to reflect a 6 percent annual interest
rate on each past-due amount attributable to the underpayment
of guaranteed benefits for each month prior to such
recalculation.
(iii) Eligible participants and beneficiaries.--
(I) In general.--For purposes of this section, an eligible
participant or beneficiary is a participant or beneficiary
who--
(aa) as of the date of the enactment of this Act, is in pay
status under a covered plan or is eligible for future
payments under such plan;
(bb) has received or will receive applicable payments in
connection with such plan (within the meaning of subclause
(II)) that does not exceed the full vested plan benefits of
such participant or beneficiary; and
(cc) is not covered by the 1999 agreements between General
Motors and various unions providing a top-up benefit to
certain hourly employees who were transferred from the
General Motors Hourly-Rate Employees Pension Plan to the
Delphi Hourly-Rate Employees Pension Plan.
(II) Applicable payments.--For purposes of this
subparagraph, applicable payments to a participant or
beneficiary in connection with a plan consist of the
following:
(aa) Payments under the plan equal to the normal benefit
guarantee of the participant or beneficiary.
(bb) Payments to the participant or beneficiary made
pursuant to section 4022(c) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1322(c)) or otherwise
received from the corporation in connection with the
termination of the plan.
(C) Definitions.--For purposes of this paragraph--
(i) Full vested plan benefit.--The term ``full vested plan
benefit'' means the amount of monthly benefits that would be
guaranteed under section 4022 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1322) as of the date
of plan termination with respect to an eligible participant
or beneficiary if such section were applied without regard to
the phase-in limit under subsection (b)(1) of such section
and the maximum guaranteed benefit limitation under
subsection (b)(3) of such section (including the accrued-at-
normal limitation).
(ii) Normal benefit guarantee.--The term ``normal benefit
guarantee'' means the amount of monthly benefits guaranteed
under section 4022 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1322) with respect to an eligible
participant or beneficiary without regard to this section.
(D) Covered plans.--The covered plans specified in this
subparagraph are the following:
(i) The Delphi Hourly-Rate Employees Pension Plan.
(ii) The Delphi Retirement Program for Salaried Employees.
(iii) The PHI Non-Bargaining Retirement Plan.
(iv) The ASEC Manufacturing Retirement Program.
(v) The PHI Bargaining Retirement Plan.
(vi) The Delphi Mechatronic Systems Retirement Program.
(E) Treatment of pbgc determinations.--Any determination
made by the corporation under this section concerning a
recalculation of benefits or lump-sum payment of past-due
benefits shall be subject to administrative review by the
corporation. Any new determination made by the corporation
under this section shall be governed by the same
administrative review process as any other benefit
determination by the corporation.
(2) Trust fund for payment of increased benefits.--
(A) Establishment.--There is established in the Treasury a
trust fund to be known as the ``Delphi Full Vested Plan
Benefit Trust Fund'' (referred to in this subsection as the
``Fund''), consisting of such amounts as may be appropriated
or credited to the Fund as provided in this section.
(B) Funding.--There is appropriated, out of amounts in the
Treasury not otherwise appropriated, such amounts as are
necessary for the costs of payments of the portions of
monthly benefits guaranteed to participants and beneficiaries
pursuant to paragraph (1) and for necessary administrative
and operating expenses of the corporation relating to such
payments. The Fund shall be credited with amounts from time
to time as the Secretary of the Treasury, in coordination
with the Director of the corporation, determines appropriate,
out of amounts in the Treasury not otherwise appropriated.
(C) Expenditures from fund.--Amounts in the Fund shall be
available for the payment of the portion of monthly benefits
guaranteed to a participant or beneficiary pursuant to
paragraph (1) and for necessary administrative and operating
expenses of the corporation relating to such payment.
(3) Regulations.--The corporation, in consultation with the
Secretary of the Treasury and the Secretary of Labor, may
issue such regulations as necessary to carry out this
section.
(b) Pension Payment Acceleration.--Notwithstanding section
4007(a) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1307(a)) and section 4007.11 of title 29,
Code of Federal Regulations (or any successor regulation)--
(1) for plan years commencing after December 31, 2034, and
before January 1, 2036, the premium due date for such plan
years shall be the fifteenth day of the ninth calendar month
that begins on or after the first day of the premium payment
year; and
(2) for plan years commencing after December 31, 2035, and
before January 1, 2037, the premium due date for such plan
years shall be the fifteenth day of the ninth calendar month
that begins on or after the first day of the premium payment
year.
SEC. 6056. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950.
Section 717(a) of the Defense Production Act of 1950 (50
U.S.C. 4564(a)) is amended by striking ``September 30, 2026''
and inserting ``December 31, 2026''.
SEC. 6057. JUVENILE JUSTICE AND DELINQUENCY PREVENTION
REAUTHORIZATION ACT OF 2026.
(a) Short Title.--This section may be cited as the
``Juvenile Justice Delinquency Prevention Reauthorization Act
of 2026''.
(b) Definitions.--Section 103(22) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is
amended by inserting ``, including any prison,'' after
``secure facility''.
(c) State Plans.--Section 223 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11133) is
amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by striking the matter preceding subparagraph (A) and
inserting the following:
``(3) provide satisfactory evidence that the State agency
has established and maintained, or is working toward
establishing and maintaining, an advisory group that--''; and
(ii) in subparagraph (A)(iv), by striking ``at the time of
the initial appointment'';
(B) in paragraph (9)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``not less than 75 percent of'';
(II) by striking ``shall be used for'' and inserting
``shall be used in accordance with the plan''; and
(III) by striking ``promising programs--'' and inserting
``promising programs, which may include programs for--''
(ii) in subparagraph (F)--
(I) in the matter preceding clause (i), by striking
``expand the use of probation officers'' and inserting
``improve probation departments''; and
(II) in clause (i), by striking ``non-violent juvenile
offenders (including status offenders)'' and inserting
``youth'';
(iii) in subparagraph (M)--
(I) in clause (i), by inserting ``restorative practices,''
before ``expanded use of probation''; and
(II) in clause (ii), by inserting ``, including determining
the appropriateness of programs intended to divert youth from
the justice system at the earliest point possible'' before
the semicolon at the end;
(iv) in subparagraph (V), by striking ``and'' at the end;
and
(v) by adding at the end the following:
``(X) programs to address racial and ethnic disparities;
``(Y) programs and projects to collect data on the
socioeconomic status of youth in the juvenile justice system;
``(Z) programs intended to help divert youth from the
justice system before or after arrest; and
``(AA) programs in support of the initiatives described in
paragraphs (11) through (13) and (16);'';
(C) in paragraph (11)--
(i) in subparagraph (A)--
(I) in clause (i)(II), by striking ``paragraph (23)'' and
inserting ``paragraph (11)(B)''; and
(II) in clause (ii)(II)(bb), by striking ``and'' at the
end; and
(ii) by striking paragraph (11)(B) and inserting the
following:
[[Page S3982]]
``(B) require that, if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense--
``(i) an appropriate public agency shall be promptly
notified that the juvenile is held in custody for violating
the court order;
``(ii) not later than 24 hours after the juvenile begins to
be held, an authorized representative of the agency shall
interview, in person, the juvenile;
``(iii) not later than 48 hours after the juvenile begins
to be held--
``(I) the representative described in clause (ii) shall
submit an assessment to the court that issued the court order
relating to the immediate needs of the juvenile;
``(II) the court that issued the court order shall conduct
a hearing to determine--
``(aa) whether there is reasonable cause to believe that
the juvenile violated the court order; and
``(bb) the appropriate placement of the juvenile pending
disposition of the alleged violation; and
``(III) if the court that issued the court order determines
the juvenile should be placed in a secure detention facility
or correctional facility for violating the court order--
``(aa) the court shall issue a written order that--
``(AA) identifies the valid court order that has been
violated;
``(BB) specifies the factual basis for determining that
there is reasonable cause to believe that the juvenile has
violated the court order;
``(CC) includes findings of fact to support a determination
that there is no appropriate less restrictive alternative
available to placing the juvenile in the secure detention
facility, with due consideration to the best interest of the
juvenile;
``(DD) specifies the length of time, not to exceed 7 days,
that the juvenile may remain in a secure detention facility
or correctional facility, and includes a plan for the release
of the juvenile from the facility; and
``(EE) may not be renewed or extended; and
``(bb) the court may not issue a second or subsequent order
described in item (aa) relating to a juvenile unless the
juvenile violates a valid court order after the date on which
the court issues an order described in item (aa); and
``(iv) there are procedures in place to ensure that the
juvenile held in a secure detention facility or correctional
facility pursuant to a court order described in this
paragraph does not remain in custody longer than the shorter
of 7 days and the length of time authorized by the court; and
``(C) require that not later than September 30, 2028, the
State will eliminate the use of valid court orders to provide
secure confinement of juveniles who commit status offenses,
except that juveniles may be held in secure confinement in
accordance with the Interstate Compact for Juveniles if the
judge issues a written order that--
``(i) specifies the authority of the State to detain the
juvenile under the terms of the Interstate Compact for
Juveniles;
``(ii) includes findings of fact to support a determination
that there is no appropriate less restrictive alternative
available to placing the juvenile in such a facility, with
due consideration to the best interest of the juvenile;
``(iii) specifies the length of time a juvenile may remain
in secure confinement, not to exceed 15 days, and includes a
plan for the return of the juvenile to the home State of the
juvenile; and
``(iv) may not be renewed or extended;'';
(D) in paragraph (13)--
(i) in subparagraph (B)--
(I) in the matter preceding clause (i), by inserting ``for
adults'' after ``jail or lockup''; and
(II) in clause (ii)(III), by adding ``and'' at the end; and
(ii) by adding at the end the following:
``(C) juveniles awaiting trial or other legal process who
are treated as adults for purposes of prosecution in criminal
court and housed in a secure facility, unless a court finds,
after a hearing and in writing and in accordance with
paragraph (14), that it is in the interest of justice;'';
(E) by striking paragraph (23);
(F) by redesignating paragraphs (14) through (22) as
paragraphs (15) through (23), respectively;
(G) by inserting after paragraph (13) the following:
``(14) provide that--
``(A) a juvenile described in paragraph (13)(C)--
``(i) that is confined in any jail or lockup for adults
shall not have sight or sound contact with adult inmates; and
``(ii) except as provided in this paragraph, may not be
held in any jail or lockup for adults;
``(B) in determining under paragraph (13)(C) whether it is
in the interest of justice to permit a juvenile to be held in
any jail or lockup for adults, or have sight or sound contact
with adult inmates, a court shall consider--
``(i) the age of the juvenile;
``(ii) the physical and mental maturity of the juvenile;
``(iii) the present mental state of the juvenile, including
whether the juvenile presents an imminent risk of harm to the
juvenile;
``(iv) the nature and circumstances of the alleged offense;
``(v) the juvenile's history of prior delinquent acts;
``(vi) the relative ability of the available adult and
juvenile detention facilities to meet the specific needs of
the juvenile and protect the safety of the public and other
detained juveniles; and
``(vii) any other relevant factor; and
``(C) if a court determines under subparagraph (B) that it
is in the interest of justice to permit a juvenile to be held
in a jail or lockup for adults--
``(i) the court shall hold a hearing not less frequently
than once every 30 days, or in the case of a rural
jurisdiction, not less frequently than once every 45 days, to
review whether it is still in the interest of justice to
permit the juvenile to be so held or have such sight or sound
contact; and
``(ii) the juvenile shall not be held in any jail or lockup
for adults, or be permitted to have sight or sound contact
with adult inmates, for more than 180 days, unless the court,
in writing, determines there is good cause for an extension
or the juvenile expressly waives this limitation;'';
(H) in paragraph (15), as so redesignated--
(i) by striking ``jails, lock-ups, detention facilities,
and correctional facilities'' and inserting ``jails and
lockups for adults, secure detention facilities, and secure
correctional facilities'';
(ii) by striking ``, except that such reporting
requirements'' and all that follows; and
(iii) by adding a semicolon at the end;
(I) in paragraph (16), as so redesignated, in the matter
preceding subparagraph (A), by inserting ``that are
culturally and linguistically competent'' before ``at the
State, territorial, local, and tribal levels'';
(J) in paragraph (17), as so redesignated, by striking
``gender, race, ethnicity, family income, and disability''
and inserting ``gender, race, ethnicity, religion, family
income, disability, national origin, and sexual
orientation'';
(K) by striking paragraph (24);
(L) by redesignating paragraphs (25) through (33) as
paragraphs (24) through (32), respectively;
(M) in paragraph (28), as so redesignated--
(i) by inserting ``ongoing supervision,'' before ``and
training in effect''; and
(ii) by striking ``management techniques'' and inserting
``management techniques and trauma-informed approaches to
investigating allegations of sexual and physical abuse''; and
(N) in paragraph (32)(A), as so redesignated, by striking
``upon intake'' and inserting ``upon intake and at quarterly
intervals or as necessary''; and
(2) in subsection (d)--
(A) by striking ``In the event that any State'' and
inserting the following:
``(1) In general.--In the event that any State'';
(B) in paragraph (1), as so designated, by striking ``802,
803, and 804 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968'' and inserting ``802 and 803 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10222, 10223)''; and
(C) by adding at the end the following:
``(2) Local public and private nonprofit agencies.--Local
public and private nonprofit agencies within a State shall be
eligible to receive funds under paragraph (1)--
``(A) only upon a showing by the State agency designated
under subsection (a)(1) of exigent circumstances; and
``(B) in no case for more than 2 consecutive years.''.
(d) Conforming Amendments.--
(1) Definitions.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is
amended--
(A) in paragraph (30), by striking ``and (15)'' and
inserting ``and (16)''; and
(B) in paragraph (39), by striking ``(a)(15)'' and
inserting ``(a)(16)''.
(2) Concentration of federal efforts.--Section 204(b)(7) of
the Juvenile Justice and Delinquency Prevention Act of 1974
(34 U.S.C. 11114(b)(7)) is amended by striking ``(a)(14)''
and inserting ``(a)(15)''.
(e) Authorization of Appropriations.--Section 601 of the
Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11321) is amended by striking ``fiscal years 2019
through 2023'' and inserting ``fiscal years 2026 through
2030''.
SEC. 6058. SENSE OF CONGRESS RELATING TO THE CORPS OF
ENGINEERS.
It is the sense of Congress that--
(1) the Corps of Engineers provides critical support to
communities across the nation through the Civil Works mission
of the agency; and
(2) enactment of biennial water resources development
legislation is necessary to ensure the timely authorization
of water resources development studies and projects carried
out by the Corps of Engineers.
SEC. 6059. AIR TRAFFIC-COLLEGIATE TRAINING INITIATIVE PROGRAM
IMPROVEMENTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
(3) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(4) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
[[Page S3983]]
(b) Air Traffic-Collegiate Training Initiative Program
Improvements.--
(1) In general.--Section 44506(c) of title 49, United
States Code, is amended to read as follows:
``(c) Air Traffic-Collegiate Training Initiative and
Enhanced Air Traffic-Collegiate Training Initiative.--
``(1) In general.--The Administrator of the Federal
Aviation Administration shall maintain the Air Traffic-
Collegiate Training Initiative program and the Enhanced Air
Traffic-Collegiate Training Initiative program (in this
section referred to as the `Enhanced Initiative') to support
the recruitment, education, and hiring of well-qualified
developmental air traffic controllers.
``(2) Special rules for the enhanced initiative.--
``(A) Requirements.--In maintaining the Enhanced Initiative
under paragraph (1), the Administrator shall, at a minimum--
``(i) select and coordinate with accredited institutions of
higher education (as defined in section 61.1 of title 14,
Code of Federal Regulations), as determined by the
Administrator, that administer an accredited air traffic
curriculum to undergraduate students, to prepare students for
the position of air traffic controller with the Department of
Transportation (as defined in section 2109 of title 5);
``(ii) establish standards for the entry and participation
of accredited institutions of higher education into the
program; and
``(iii) solicit applications from, and provide guidance to,
interested accredited institutions of higher education that
administer an accredited air traffic curriculum to
undergraduate students, including accredited institutions
that participate in the Air Traffic-Collegiate Training
Initiative, to foster participation of qualified accredited
institutions in the Enhanced Initiative.
``(B) Selection criteria.--Prior to selecting an accredited
institution of higher education for participation in the
Enhanced Initiative, the Administrator shall--
``(i) consider the air traffic curriculum of the
institution, including the institution's access to air
traffic educational resources and Federal Aviation
Administration air traffic facilities and equipment;
``(ii) certify that each accredited institution of higher
education seeking to participate in the Enhanced Initiative
has a qualified air traffic curriculum that provides, at a
minimum, an equivalent level of education and training for
air traffic controller trainees to that provided at the
Federal Aviation Administration Academy; and
``(iii) certify that all evaluations of students at
accredited institutions of higher education seeking to
participate in the Enhanced Initiative shall be conducted by
evaluators that are approved and certified by the Federal
Aviation Administration.
``(3) Appointment of program graduates.--The Administrator
may appoint an individual who has successfully completed a
course of training in a program described in paragraph (1) to
the position of air traffic controller noncompetitively in
the excepted service (as defined in section 2103 of title
5).''.
(2) FAA air traffic control training aviation rulemaking
committee.--
(A) In general.--The Administrator shall convene an
aviation rulemaking committee to--
(i) review the curricula of the air traffic technical
training academy of the FAA, including its use in the Air
Traffic-Collegiate Training Initiative program and the
Enhanced Air Traffic-Collegiate Training Initiative program;
(ii) review the on-the-job training, development,
evaluation, and certification of certified professional
controllers;
(iii) develop findings and recommendations regarding the
improvement and modernization of such curricula and training;
and
(iv) provide to the Administrator a report on such findings
and recommendations and for other related purposes as
determined by the Administrator.
(B) Composition.--The aviation rulemaking committee
established under subparagraph (A) shall consist of members
appointed by the Administrator, including representatives
of--
(i) institutions of higher education that are accredited by
the Aviation Accreditation Board International;
(ii) aviation industry organizations;
(iii) FAA subject matter experts;
(iv) military and commercial operators of aircraft,
helicopters, and powered-lift aircraft;
(v) the exclusive bargaining representative of the air
traffic controllers certified under section 7111 of title 5,
United States Code;
(vi) organizations representing certified collective
bargaining representatives of airline pilots;
(vii) representatives of accredited institutions of higher
education participating in the Air Traffic-Collegiate
Training Initiative program and the Enhanced Air Traffic-
Collegiate Training Initiative program;
(viii) aviation safety experts, including those from
outside the FAA; and
(ix) any other stakeholder determined appropriate by the
Administrator.
(C) Considerations.--The aviation rulemaking committee
established under subparagraph (A) shall consider the
following:
(i) The advancements in education technology, including
digital resources and augmented reality or virtual reality
capabilities, that may be incorporated into a modern
curriculum and training.
(ii) The appropriate balance between the use of theoretical
knowledge and practical application.
(iii) A review of instructional techniques to improve the
effectiveness of learning outcomes.
(iv) The real-world applicability of air traffic operations
procedures included in the curriculum and training.
(v) Student success rates, including outcomes of air
traffic controller trainees when placed at facilities for on-
the-job training.
(vi) Methods for reducing the subjectivity of instructional
techniques.
(vii) Student success rates correlated with the completion
of the Air Traffic-Collegiate Training Initiative program and
the Enhanced Air Traffic-Collegiate Training Initiative
program described in section 44506(c) of title 49, United
States Code.
(viii) The appropriate method for ensuring the curriculum
and training incorporates new entrants into the national
airspace system.
(ix) Other considerations as determined appropriate by the
Administrator.
(D) Duties.--
(i) In general.--Not later than 18 months after the date of
enactment of this section, the Administrator shall submit to
the appropriate committees of Congress a copy of the aviation
rulemaking committee report provided to the Administrator
under subparagraph (A)(iii).
(ii) Implementation.--Not later than 180 days after the
date of submission of the report under clause (i), the
Administrator shall implement the recommendations of the
report, as determined appropriate by the Administrator.
(iii) Justification.--If the Administrator decides not to
implement a recommendation described in the report submitted
under clause (i), the Administrator shall submit to the
appropriate committees of Congress a justification for such
decision not later than 90 days after receiving such report.
(E) Prohibition on compensation.--The members of the
aviation rulemaking committee convened under this paragraph
shall not receive pay, allowances, or benefits from the
Federal Government by reason of their service on such
committee. This paragraph shall not be construed to affect
the pay, allowances, or benefits of any Federal employee who
serves as a member of the aviation rulemaking committee as
part of their official duties.
(3) Review of enhanced air traffic-collegiate training
initiative program.--
(A) In general.--Not later than 5 years after the date of
the enactment of this section, the Comptroller General shall
initiate a study to examine the effectiveness of the Enhanced
Air Traffic-Collegiate Training Initiative program (in this
paragraph referred to as the ``Enhanced Initiative'') in--
(i) increasing the education and training capacity of FAA
air traffic controllers; and
(ii) growing the FAA air traffic controller workforce.
(B) Contents.--In conducting the study under subparagraph
(A), the Comptroller General shall, at a minimum, evaluate
the effectiveness of the program in producing--
(i) students that score at least a well-qualified score on
the Air Traffic Skills Assessment (or a successor air traffic
entrance exam);
(ii) developmental controllers that enter en route and
terminal air traffic environments after completing the
Enhanced Initiative; and
(iii) developmental controllers that become certified
professional controllers.
(C) Consultation.--In conducting the study under
subparagraph (A), the Comptroller General shall consult with
the Administrator and appropriate stakeholders involved in
overseeing, operating, and administering the Enhanced
Initiative.
(D) Report.--Not later than 1 year after the date on which
the Comptroller General initiates the study under
subparagraph (A), the Comptroller General shall submit to the
appropriate committees of Congress and the Administrator a
report describing the results of the study, together with any
appropriate recommendations for legislative or administrative
action.
SEC. 6059A. FINDINGS ON SECURITY OF CONNECTED VEHICLES.
Congress makes the following findings:
(1) The United States automotive industry is critical to
the national economy, supporting millions of jobs, supply
chains, and advanced manufacturing. The introduction of
vehicles and components controlled by foreign adversaries
threatens industrial competitiveness and technological
leadership.
(2) The People's Republic of China has rapidly expanded its
automotive manufacturing capacity and is increasingly
targeting export markets. Despite having the largest market
in the world, the People's Republic of China exports nearly
8,000,000 vehicles annually, approximately twice the volume
exported by any other country, demonstrating the scale at
which vehicles and components controlled by a foreign
adversary may enter global markets, including the United
States.
(3) Connected vehicles incorporate advanced information and
communications technologies that collect, process, and
transmit vast amounts of sensitive data, including
geolocation, operational, and personal information, and are
capable of being remotely accessed and controlled.
(4) In Executive Order 13873 (50 U.S.C. 1701 note; relating
to securing the information
[[Page S3984]]
and communications technology and services supply chain), the
President declared a national emergency with respect to the
threat posed by foreign adversaries creating and exploiting
vulnerabilities in information and communications technology
and services.
(5) The access, control, or influence of vehicle
connectivity systems or automated driving systems by foreign
adversaries creates substantial economic and national
security risks to the United States, including risks of
surveillance, espionage, cyber intrusion, and disruption of
critical infrastructure. Such risks fall within the scope of
the national emergency described in Executive Order 13873 and
pose an unacceptable threat to the security and resilience of
the United States.
Subtitle H--Royalty Transparency Act
SEC. 6061. SHORT TITLE.
This subtitle may be cited as the ``Royalty Transparency
Act''.
SEC. 6062. FINANCIAL DISCLOSURE REPORTS OF EXECUTIVE BRANCH
EMPLOYEES.
(a) Individuals Required to File.--
(1) In general.--Section 13103 of title 5, United States
Code, is amended--
(A) in subsection (f)--
(i) in paragraph (11), by striking ``; and'' and inserting
a semicolon;
(ii) in paragraph (12), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(13) any member of--
``(A) the National Science Advisory Board for Biosecurity;
``(B) the Advisory Committee on Immunization Practices;
``(C) the Advisory Commission on Childhood Vaccines;
``(D) the National Vaccine Advisory Committee;
``(E) the Vaccines and Related Biological Products Advisory
Committee;
``(F) the Defense Science Board;
``(G) the Board of Scientific Advisors of the National
Cancer Institute;
``(H) the Homeland Security Science and Technology Advisory
Committee;
``(I) the Medical Review Board Advisory Committee;
``(J) the President's Council of Advisors on Science and
Technology; or
``(K) except as provided in subsection (k), any other
advisory committee, as defined in section 1001, including a
successor to a committee described in this paragraph, that
the Government Accountability Office determines, in
accordance with subsection (j)--
``(i) makes recommendations relating to public health to an
agency or the President; and
``(ii) has had any recommendation fully or partially
implemented during the 10 years preceding the
determination.''; and
(B) by adding at the end the following:
``(j) Determination Regarding Advisory Committees.--Not
later than 180 days after the date of enactment of the
Royalty Transparency Act, and annually thereafter, the
Government Accountability Office shall publish a list of each
advisory committee that the Government Accountability Office
determines--
``(1) makes recommendations relating to public health to an
agency or the President; and
``(2) has had any recommendation fully or partially
implemented during the 10 years preceding the determination.
``(k) Exception for Certain Members of Peer Review
Groups.--Subsection (f)(13)(K) shall not include a member of
an advisory committee if--
``(1) the advisory committee is a peer review group, as
defined in section 52h.2(k) of title 42, Code of Federal
Regulations, or any successor regulation, within the National
Institutes of Health;
``(2) for the applicable annual certification period, the
Director of the National Institutes of Health, or the
designee of the Director, in accordance with section 6063 of
the Royalty Transparency Act, certifies annually to the
Comptroller General of the United States, in such form and
manner as the Comptroller General may require, that the
National Institutes of Health has applied, with respect to
each such member, the requirements relating to recusal for
any actual or apparent conflict of interest under section
52h.5 of title 42, Code of Federal Regulations, or any
successor regulation, and maintains documentation sufficient
for review under section 6063 of the Royalty Transparency
Act; and
``(3) the member of the advisory committee is not a special
Government employee, as defined in section 202 of title 18,
United States Code.''.
(2) Sunset.--Effective on the date that is 5 years after
the date of enactment of this Act, section 13103 of title 5,
United States Code, as amended by this subtitle, is amended--
(A) in subsection (f)(13), by striking subparagraph (K) and
inserting the following:
``(K) a successor to a committee described in subparagraphs
(A) through (J) of this paragraph.''; and
(B) by striking subsections (j) and (k), as added by
paragraph (1)(B).
(b) Notification of Waiver.--
(1) Title 5.--Section 13103(i) of title 5, United States
Code, is amended--
(A) by moving the matter preceding paragraph (1) two ems to
the left;
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(C) in the matter preceding subparagraph (A), as so
redesignated, by striking ``the supervising ethics office
determines'' and inserting ``the supervising ethics office--
``(1) determines'';
(D) in subparagraph (D), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(2) provides notification of such waiver to the
Committees on Homeland Security and Governmental Affairs and
Commerce, Science, and Transportation of the Senate and the
Committees on Oversight and Government Reform and Energy and
Commerce of the House of Representatives.''.
(2) Title 18.--Section 208 of title 18, United States Code,
is amended by adding at the end the following:
``(e) Any exemption--
``(1) granted under paragraph (1) or (3) of subsection (b)
shall be immediately reported to the Committees on Homeland
Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives, including a detailed justification for
granting the waiver; or
``(2) granted under subpart (C) of part 2640 of title 5,
Code of Federal Regulations, or any successor regulation,
shall be immediately reported to the Committees on Homeland
Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives, including a detailed justification for
granting the waiver.''.
(c) Contents of Reports.--Section 13104(a)(1) of title 5,
United States Code, is amended--
(1) in subparagraph (A), by inserting ``, subject to
subparagraph (C)'' after ``employment by the United States
Government''; and
(2) by inserting after subparagraph (B) the following:
``(C) Royalties received by government employees and
committee filers.--Notwithstanding section 12(c) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(c)) and section 209 of title 35, if the reporting
individual is an officer or employee in the executive branch
(including a special Government employee, as defined in
section 202 of title 18), or an individual described in
section 13103(f)(13), the original source and amount or value
of any royalties received by the reporting individual, the
spouse of the reporting individual, or a dependent child of
the reporting individual during the reporting period
described in subsection (d) or (e) of section 13103, as
applicable, that were received as a result of an invention
developed by the reporting individual in the course of
employment of the reporting individual with the United States
Government, including any royalty interest payment made under
the Federal Technology Transfer Act of 1986 (Public Law 99-
502; 100 Stat. 1785), an amendment made by such Act, or any
other applicable authority.''.
(d) Review of Reports.--Section 13107(b) of title 5, United
States Code, is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting ``and shall, in the
case of an agency or office and notwithstanding section 12 of
the Stevenson-Wydler Technology Act of 1980 (15 U.S.C. 3710a)
and section 209 of title 35, publish such report on the
internet website of the agency or office, as the case may
be'' after ``to any person requesting such inspection or
copy''; and
(B) in the second sentence--
(i) by inserting ``, notwithstanding section 12 of the
Stevenson-Wydler Technology Act of 1980 (15 U.S.C. 3710a) and
section 209 of title 35,'' after ``such report shall''; and
(ii) by inserting ``and, in the case of an agency or
office, published on the internet website of the agency or
office, as the case may be,'' after ``made available for
public inspection'';
(2) by striking paragraph (2) and the flush text following
paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) by adding at the end the following:
``(3) Procedure for releasing reports to members of
congress.--Notwithstanding any other provision of law, not
later than 30 days after receiving a request from a Member of
Congress, any agency or supervising ethics office in the
executive branch shall furnish to the Member of Congress a
copy of any report submitted under this subchapter, which
shall be unredacted, except with respect to social security
numbers, dates of birth, home addresses, rental property
addresses, phone numbers, email addresses, financial account
numbers, signatures, and the personally identifiable
information of dependent children.''.
(e) Confidential Reports and Other Additional
Requirements.--Section 13109 of title 5, United States Code,
is amended--
(1) by redesignating subsections (b) and (c) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Royalties Received by Confidential Filers.--
Notwithstanding section 12(c) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)) and
section 209 of title 35, the information required to be
reported under this section shall include the original source
and amount or
[[Page S3985]]
value of any royalties received by the reporting individual,
or the spouse or any dependent child of the reporting
individual, that were received as a result of an invention,
including any royalty interest payment made under the Federal
Technology Transfer Act of 1986 (Public Law 99-502; 100 Stat.
1785), an amendment made by such Act, or any other applicable
authority.
``(c) Procedure for Releasing Reports to Members of
Congress.--Notwithstanding any other provision of law, not
later than 30 days after receiving a request from a Member of
Congress, any agency or supervising ethics office in the
executive branch shall furnish to the Member of Congress a
copy of any report submitted under subsection (a), which
shall be unredacted, except with respect to social security
numbers, dates of birth, home addresses, rental property
addresses, phone numbers, email addresses, financial account
numbers, signatures, and the personally identifiable
information of dependent children.
``(d) Reports.--Not later than 60 days after the date of
enactment of the Royalty Transparency Act, and each year
thereafter, the head of each agency shall submit to the
Committees on Homeland Security and Governmental Affairs and
Commerce, Science, and Transportation of the Senate and the
Committees on Oversight and Government Reform and Energy and
Commerce of the House of Representatives, and as to each
agency within the intelligence community (as that term is
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), the head of each such agency shall also submit
to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives, a report relating to confidential financial
disclosures of officers and employees under the jurisdiction
of such agency for the preceding fiscal year, which shall
include--
``(1) the number of individuals who filed such disclosures
with the agency under this section, including, if applicable,
the subcomponent of the agency that has jurisdiction over the
individual and the reason for filing confidentially;
``(2) the number of special Government employees, as
defined in section 202 of title 18, that are required to file
confidential financial disclosure reports with the agency
under this section; and
``(3) any additional information determined to be relevant
by the Director of the Office of Government Ethics after
consultation with the Committees on Homeland Security and
Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives.
``(e) Public Disclosure of Royalties Received by Certain
Federal Employees.--
``(1) Definition.--For the purposes of this subsection, the
term `covered individual' means an individual who--
``(A) is required to file a confidential financial
disclosure report under this section; and
``(B) reports receiving a royalty interest under subsection
(b).
``(2) Requirement.--Not later than 180 days after the date
of enactment of the Royalty Transparency Act, and annually
thereafter, each agency shall publish a report on the
internet website of the agency, listing--
``(A) the names of all covered individuals; and
``(B) the original source and amount or value of any
royalties reported under this section by each covered
individual.''.
(f) Rule of Construction.--Nothing in this section, or any
amendment made by this section, shall be construed to limit
the ability of an advisory committee, as defined in section
1001 of title 5, United States Code, to conduct work related
to the function of the advisory committee.
SEC. 6063. GAO REVIEW OF NIH PEER REVIEW CONFLICT-OF-INTEREST
COMPLIANCE.
(a) Definitions.--In this section--
(1) the term ``Comptroller General'' means the Comptroller
General of the United States; and
(2) the term ``covered peer review group'' means a peer
review group, as defined in section 52h.2(k) of title 42,
Code of Federal Regulations, or any successor regulation,
within the National Institutes of Health.
(b) Reviews Required.--The Comptroller General shall submit
to the committees described in subsection (e) an initial
report not later than 2 years after the date of enactment of
this Act and a second report not later than 1 year after the
date described in section 6062(a)(2) on the process used by
the National Institutes of Health to apply the requirements
relating to recusal for any actual or apparent conflict of
interest under section 52h.5 of title 42, Code of Federal
Regulations, or any successor regulation, with respect to
members of covered peer review groups, including the process
used to make certifications described in section 13103(k)(2)
of title 5, United States Code, as added by section
6062(a)(1)(B) of this subtitle.
(c) Contents.--Each evaluation required under subsection
(b) shall include--
(1) a description of the policies, procedures, guidance,
training, and internal controls used by the National
Institutes of Health to identify, evaluate, document, waive,
and address actual or apparent conflicts of interest for
members of covered peer review groups;
(2) an assessment of the completeness, accuracy, and
timeliness of the certifications made under section
13103(k)(2) of title 5, United States Code, including whether
the National Institutes of Health maintains documentation
sufficient to support such certifications;
(3) the number of covered peer review groups and the
approximate number of members of such groups covered by the
certifications during the period reviewed;
(4) a description of the categories of information reviewed
by the National Institutes of Health to identify actual or
apparent conflicts of interest, including financial
interests, employment relationships, institutional
affiliations, professional associations, close-relative
interests, and involvement with applications, proposals, or
contract projects under review;
(5) an assessment of the process used by the National
Institutes of Health to determine whether a member of a
covered peer review group must recuse from review of a grant
application, contract proposal, or contract project;
(6) an assessment of the process used by the National
Institutes of Health to grant, document, and retain any
waiver of a conflict-of-interest requirement under section
52h.5 of title 42, Code of Federal Regulations, or any
successor regulation;
(7) a review of a representative sample of covered peer
review groups, member certifications, recusal determinations,
waiver determinations, and related records, as the
Comptroller General determines appropriate;
(8) an assessment of whether the certification process of
the National Institutes of Health is sufficient to ensure
compliance with section 52h.5 of title 42, Code of Federal
Regulations, or any successor regulation, without requiring
the Comptroller General to make individualized compliance
determinations for each member of a covered peer review
group;
(9) a description of any material deficiencies, gaps,
inconsistencies, or failures identified by the Comptroller
General in the conflict-of-interest process, certification
process, documentation, or internal controls of the National
Institutes of Health;
(10) a description of any corrective action taken or
planned by the National Institutes of Health in response to
deficiencies identified by the Comptroller General; and
(11) any recommendations of the Comptroller General to
improve the processes described in this section, including
any recommendations for legislative or administrative action.
(d) Access to Information.--The Director of the National
Institutes of Health shall provide the Comptroller General
with timely access to records, personnel, and other
information the Comptroller General determines necessary to
conduct each evaluation required under subsection (b).
Nothing in this subsection shall be construed to authorize
the National Institutes of Health to withhold information
from the Comptroller General on the basis that the
information is contained in, or relates to, a confidential
grant application, peer-review record, or other nonpublic
agency record.
(e) Reports.--The Comptroller General shall submit each
unredacted report required under subsection (b) to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government
Reform of the House of Representatives.
SEC. 6064. PREVENTING ORGANIZATIONAL CONFLICTS OF INTEREST IN
FEDERAL ACQUISITION.
(a) In General.--The Federal Acquisition Regulatory Council
and the Office of Management and Budget shall, as
appropriate, enact or update any regulation necessary to
ensure that conflict of interest reviews for prospective
contractors or grantees include reviews of royalties paid to
prospective contractors or grantees in the preceding calendar
year.
(b) Ongoing Reviews.--Not later than 1 year after the date
of enactment of this Act, and each year thereafter, each
agency conducting any conflict of interest review described
in subsection (a) shall report to the Committees on Homeland
Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives, and as to each agency within the
intelligence community (as that term is defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003)), the
head of each such agency shall also report to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives, on the number of identified cases of
potential conflict of interest related to royalty payments
and the steps taken to mitigate those cases.
SEC. 6065. SEVERABILITY.
If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle and the
amendments made by this subtitle, and the application of the
provision or the amendment to any other person or
circumstance, shall not be affected.
Subtitle I--STOP CSAM Act of 2026
SEC. 6067. SHORT TITLE.
This subtitle may be cited as the ``Strengthening
Transparency and Obligations to Protect Children Suffering
from Abuse and Mistreatment Act of 2026'' or the ``STOP CSAM
Act of 2026''.
[[Page S3986]]
SEC. 6068. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL
COURT.
(a) In General.--Section 3509 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``or exploitation''
and inserting ``exploitation, or kidnapping, including
international parental kidnapping'';
(B) in paragraph (3), by striking ``physical or mental
injury'' and inserting ``physical injury, psychological
abuse'';
(C) by striking paragraphs (5), (6), and (7) and inserting
the following:
``(5) the term `psychological abuse' includes--
``(A) a pattern of acts, threats of acts, or coercive
tactics intended to degrade, humiliate, intimidate, or
terrorize a child; and
``(B) the infliction of trauma on a child through--
``(i) isolation;
``(ii) the withholding of food or other necessities in
order to control behavior;
``(iii) physical restraint; or
``(iv) the confinement of the child without the child's
consent and in degrading conditions;
``(6) the term `exploitation' means--
``(A) child pornography;
``(B) child sex trafficking; or
``(C) an obscene visual depiction of a child;
``(7) the term `multidisciplinary child abuse team' means a
professional unit of individuals working together to
investigate child abuse and provide assistance and support to
a victim of child abuse, composed of representatives from--
``(A) health, social service, and legal service agencies
that represent the child;
``(B) law enforcement agencies and prosecutorial offices;
and
``(C) children's advocacy centers;'';
(D) in paragraph (9)(D)--
(i) by striking ``genitals'' and inserting ``anus,
genitals,''; and
(ii) by striking ``or animal'';
(E) in paragraph (11), by striking ``and'' at the end;
(F) in paragraph (12)--
(i) by striking ``the term `child abuse' does not'' and
inserting ``the terms `physical injury' and `psychological
abuse' do not''; and
(ii) by striking the period and inserting a semicolon; and
(G) by adding at the end the following:
``(13) the term `covered person' means a person of any age
who--
``(A) is or is alleged to be--
``(i) a victim of a crime of physical abuse, sexual abuse,
exploitation, or kidnapping, including international parental
kidnapping; or
``(ii) a witness to a crime committed against another
person; and
``(B) was under the age of 18 when the crime described in
subparagraph (A) was committed;
``(14) the term `protected information', with respect to a
covered person, includes--
``(A) personally identifiable information of the covered
person, including--
``(i) the name of the covered person;
``(ii) an address;
``(iii) a phone number;
``(iv) a user name or identifying information for an
online, social media, or email account; and
``(v) any information that can be used to distinguish or
trace the identity of the covered person, either alone or
when combined with other information that is linked or
linkable to the covered person;
``(B) medical, dental, behavioral, psychiatric, or
psychological information of the covered person;
``(C) educational or juvenile justice records of the
covered person; and
``(D) any other information concerning the covered person
that is deemed `protected information' by order of the court
under subsection (d)(5);
``(15) the term `child pornography' has the meaning given
the term in section 2256(8); and
``(16) the term `obscene visual depiction of a child' means
any visual depiction prohibited by section 1466A involving an
identifiable minor, as that term is defined in section
2256(9).'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``minor'' and
inserting ``child''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Videotaped'' and
inserting ``Recorded'';
(ii) in subparagraph (A), by striking ``that the deposition
be recorded and preserved on videotape'' and inserting ``that
a video recording of the deposition be made and preserved'';
(iii) in subparagraph (B)--
(I) in clause (ii), by striking ``that the child's
deposition be taken and preserved by videotape'' and
inserting ``that a video recording of the child's deposition
be made and preserved'';
(II) in clause (iii)--
(aa) in the matter preceding subclause (I), by striking
``videotape'' and inserting ``recorded''; and
(bb) in subclause (IV), by striking ``videotape'' and
inserting ``recording''; and
(III) in clause (v)--
(aa) in the heading, by striking ``videotape'' and
inserting ``video recording'';
(bb) in the first sentence, by striking ``made and
preserved on video tape'' and inserting ``recorded and
preserved''; and
(cc) in the second sentence, by striking ``videotape'' and
inserting ``video recording'';
(iv) in subparagraph (C), by striking ``child's
videotaped'' and inserting ``video recording of the
child's'';
(v) in subparagraph (D)--
(I) by striking ``videotaping'' and inserting
``deposition''; and
(II) by striking ``videotaped'' and inserting ``recorded'';
(vi) in subparagraph (E), by striking ``videotaped'' and
inserting ``recorded''; and
(vii) in subparagraph (F), by striking ``videotape'' each
place the term appears and inserting ``video recording'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``the name or any other
information concerning a child'' and inserting ``a covered
person's protected information''; and
(ii) in clause (ii)--
(I) by striking ``documents described in clause (i) or the
information in them that concerns a child'' and inserting ``a
covered person's protected information''; and
(II) by striking ``, have reason to know such information''
and inserting ``(including witnesses or potential witnesses),
have reason to know each item of protected information to be
disclosed'';
(B) in paragraph (2)--
(i) by striking ``the name of or any other information
concerning a child'' each place the term appears and
inserting ``a covered person's protected information'';
(ii) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(iii) by striking ``All papers'' and inserting the
following:
``(A) In general.--All papers''; and
(iv) by adding at the end the following:
``(B) Enforcement of violations.--The court may address a
violation of subparagraph (A) in the same manner as
disobedience or resistance to a lawful court order under
section 401(3).'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``a child from public disclosure of the
name of or any other information concerning the child'' and
inserting ``a covered person's protected information from
public disclosure''; and
(II) by striking ``, if the court determines that there is
a significant possibility that such disclosure would be
detrimental to the child'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``a child witness, and the testimony of
any other witness'' and inserting ``any witness''; and
(bb) by striking ``the name of or any other information
concerning a child'' and inserting ``a covered person's
protected information''; and
(II) in clause (ii), by striking ``child'' and inserting
``covered person''; and
(iii) by adding at the end the following:
``(C)(i) For purposes of this paragraph, there shall be a
presumption that public disclosure of a covered person's
protected information would be detrimental to the covered
person.
``(ii) The court shall deny a motion for a protective order
under subparagraph (A) only if the court finds that the party
opposing the motion has rebutted the presumption under clause
(i) of this subparagraph.'';
(D) in paragraph (4)--
(i) by striking ``This subsection'' and inserting the
following:
``(A) Disclosure to certain parties.--This subsection'';
(ii) in subparagraph (A), as so designated--
(I) by striking ``the name of or other information
concerning a child'' and inserting ``a covered person's
protected information''; and
(II) by striking ``or an adult attendant, or to'' and
inserting ``an adult attendant, a law enforcement agency for
any intelligence or investigative purpose, or''; and
(iii) by adding at the end the following:
``(B) Request for public disclosure.--If any party requests
public disclosure of a covered person's protected information
to further a public interest, the court shall deny the
request unless the court finds that--
``(i) the party seeking disclosure has established that
there is a compelling public interest in publicly disclosing
the covered person's protected information;
``(ii) there is a substantial probability that the public
interest would be harmed if the covered person's protected
information is not disclosed;
``(iii) the substantial probability of harm to the public
interest outweighs the harm to the covered person from public
disclosure of the covered person's protected information; and
``(iv) there is no alternative to public disclosure of the
covered person's protected information that would adequately
protect the public interest.''; and
(E) by adding at the end the following:
``(5) Other protected information.--The court may order
that information shall be considered to be `protected
information' for purposes of this subsection if the court
finds that the information is sufficiently personal,
sensitive, or identifying that it should be subject to the
protections and presumptions under this subsection.'';
(4) by striking subsection (f) and inserting the following:
``(f) Victim Impact Statement.--
``(1) Probation officer.--In preparing the presentence
report pursuant to rule 32(c) of the Federal Rules of
Criminal Procedure, the probation officer shall request
information from the multidisciplinary child abuse team,
[[Page S3987]]
if applicable, or other appropriate sources to determine the
impact of the offense on a child victim and any other
children who may have been affected by the offense.
``(2) Guardian ad litem.--A guardian ad litem appointed
under subsection (h) shall--
``(A) make every effort to obtain and report information
that accurately expresses the views of a child victim, and
the views of family members as appropriate, concerning the
impact of the offense; and
``(B) use forms that permit a child victim to express the
child's views concerning the personal consequences of the
offense, at a level and in a form of communication
commensurate with the child's age and ability.'';
(5) in subsection (h), by adding at the end the following:
``(4) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to the United States courts to carry out this subsection
$25,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall be
made under the supervision of the Director of the
Administrative Office of the United States Courts.'';
(6) in subsection (i)--
(A) by striking ``A child testifying at or attending a
judicial proceeding'' and inserting the following:
``(1) In general.--A child testifying at a judicial
proceeding, including in a manner described in subsection
(b),'';
(B) in paragraph (1), as so designated--
(i) in the third sentence, by striking ``proceeding'' and
inserting ``testimony''; and
(ii) by striking the fifth sentence; and
(C) by adding at the end the following:
``(2) Recording.--If the adult attendant is in close
physical proximity to or in contact with the child while the
child testifies--
``(A) at a judicial proceeding, a video recording of the
adult attendant shall be made and shall become part of the
court record; or
``(B) in a manner described in subsection (b), the adult
attendant shall be visible on the closed-circuit television
or in the recorded deposition.
``(3) Covered persons attending proceeding.--A covered
person shall have the right to be accompanied by an adult
attendant when attending any judicial proceeding.'';
(7) in subsection (j)--
(A) by striking ``child'' each place the term appears and
inserting ``covered person''; and
(B) in the fourth sentence--
(i) by striking ``and the potential'' and inserting ``, the
potential'';
(ii) by striking ``child's'' and inserting ``covered
person's''; and
(iii) by inserting before the period at the end the
following: ``, and the necessity of the continuance to
protect the defendant's rights'';
(8) in subsection (k), by striking ``child'' each place the
term appears and inserting ``covered person'';
(9) in subsection (l), by striking ``child'' each place the
term appears and inserting ``covered person''; and
(10) in subsection (m)--
(A) by striking ``(as defined by section 2256 of this
title)'' each place it appears;
(B) by inserting ``or an obscene visual depiction of a
child'' after ``child pornography'' each place it appears
except the second instance in paragraph (3);
(C) in paragraph (1), by inserting ``and any civil action
brought under section 2255 or 2255A'' after ``any criminal
proceeding'';
(D) in paragraph (2), by adding at the end the following:
``(C)(i) Notwithstanding rule 26 of the Federal Rules of
Civil Procedure, a court shall deny, in any civil action
brought under section 2255 or 2255A, any request by any party
to copy, photograph, duplicate, or otherwise reproduce any
property or material that constitutes child pornography or an
obscene visual depiction of a child.
``(ii) In a civil action brought under section 2255 or
2255A, for purposes of paragraph (1), the court may--
``(I) order the plaintiff or defendant to provide to the
court or the Government, as applicable, any equipment
necessary to maintain care, custody, and control of such
property or material; and
``(II) take reasonable measures, and may order the
Government (if such property or material is in the care,
custody, and control of the Government) to take reasonable
measures, to provide each party to the action, the attorney
of each party, and any individual a party may seek to qualify
as an expert, with ample opportunity to inspect, view, and
examine such property or material at the court or a
Government facility, as applicable.''; and
(E) in paragraph (3)--
(i) by inserting ``and during the 1-year period following
the date on which the criminal proceeding becomes final or is
terminated'' after ``any criminal proceeding'';
(ii) by striking ``, as defined under section 2256(8),'';
and
(iii) by inserting ``or obscene visual depiction of a
child'' after ``such child pornography''.
(b) Effective Date.--The amendments made by this section
shall apply to conduct that occurs before, on, or after the
date of enactment of this Act.
SEC. 6069. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL
AMENDMENTS TO RESTITUTION STATUTES.
Title 18, United States Code, is amended--
(1) in section 1593(c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking ``chapter, including, in'' and inserting
the following: ``chapter.
``(2) In''; and
(C) in paragraph (2), as so designated, by inserting ``may
assume the rights of the victim under this section'' after
``suitable by the court'';
(2) in section 2248(c)--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'';
(B) by striking ``chapter, including, in'' and inserting
the following: ``chapter.
``(2) Assumption of crime victim's rights.--In''; and
(C) in paragraph (2), as so designated, by inserting ``may
assume the rights of the victim under this section'' after
``suitable by the court'';
(3) in section 2259--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--Notwithstanding section 3663 or 3663A,
and in addition to any other civil or criminal penalty
authorized by law, the court shall order restitution for any
offense under--
``(1) section 1466A, to the extent the conduct involves a
visual depiction of an identifiable minor; or
``(2) this chapter.'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Directions.--Except as
provided in paragraph (2), the'' and inserting ``Restitution
for child pornography production.--If the defendant was
convicted of child pornography production, the''; and
(ii) in paragraph (2)(B), by striking ``$3,000.'' and
inserting the following: ``--
``(i) $3,000; or
``(ii) 10 percent of the full amount of the victim's
losses, if the full amount of the victim's losses is less
than $3,000.''; and
(C) in subsection (c)--
(i) by striking paragraph (1) and inserting the following:
``(1) Child pornography production.--For purposes of this
section and section 2259A, the term `child pornography
production' means--
``(A) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) to the extent the conduct
involves production of a visual depiction of an identifiable
minor;
``(B) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) involving possession with intent
to distribute, or section 1466A(b), to the extent the conduct
involves a visual depiction of an identifiable minor--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or conspired to
produce;
``(C) a violation of subsection (a), (b), or (c) of section
2251, or an attempt or conspiracy to violate any of those
subsections under subsection (e) of that section;
``(D) a violation of section 2251A;
``(E) a violation of section 2252(a)(4) or 2252A(a)(5), or
an attempt or conspiracy to violate either of those sections
under section 2252(b)(2) or 2252A(b)(2), to the extent such
conduct involves child pornography--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or conspired to
produce;
``(F) a violation of subsection (a)(7) of section 2252A, or
an attempt or conspiracy to violate that subsection under
subsection (b)(3) of that section, to the extent the conduct
involves production with intent to distribute;
``(G) a violation of section 2252A(g) if the series of
felony violations involves not fewer than 1 violation--
``(i) described in subparagraph (A), (B), (E), or (F) of
this paragraph;
``(ii) of section 1591; or
``(iii) of section 1201, chapter 109A, or chapter 117, if
the victim is a minor;
``(H) a violation of subsection (a) of section 2260, or an
attempt or conspiracy to violate that subsection under
subsection (c)(1) of that section;
``(I) a violation of section 2260B(a)(2) for promoting or
facilitating an offense--
``(i) described in subparagraph (A), (B), (D), or (E) of
this paragraph; or
``(ii) under section 2422(b); and
``(J) a violation of chapter 109A or chapter 117, if the
offense involves the production or attempted production of,
or conspiracy to produce, child pornography.'';
(ii) by striking paragraph (3) and inserting the following:
``(3) Trafficking in child pornography.--For purposes of
this section and section 2259A, the term `trafficking in
child pornography' means--
``(A) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) to the extent the conduct
involves distribution or receipt of a visual depiction of an
identifiable minor;
``(B) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) involving possession with intent
to distribute, or section 1466A(b), to the extent the conduct
involves a visual depiction of an identifiable minor--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt or conspire to
produce;
``(C) a violation of subsection (d) of section 2251 or an
attempt or conspiracy to violate that subsection under
subsection (e) of that section;
``(D) a violation of paragraph (1), (2), or (3) of
subsection (a) of section 2252, or an attempt or conspiracy
to violate any of those
[[Page S3988]]
paragraphs under subsection (b)(1) of that section;
``(E) a violation of section 2252(a)(4) or 2252A(a)(5), or
an attempt or conspiracy to violate either of those sections
under section 2252(b)(2) or 2252A(b)(2), to the extent such
conduct involves child pornography--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt or conspire to
produce;
``(F) a violation of paragraph (1), (2), (3), (4), or (6)
of subsection (a) of section 2252A, or an attempt or
conspiracy to violate any of those paragraphs under
subsection (b)(1) of that section;
``(G) a violation of subsection (a)(7) of section 2252A, or
an attempt or conspiracy to violate that subsection under
subsection (b)(3) of that section, to the extent the conduct
involves distribution;
``(H) a violation of section 2252A(g) if the series of
felony violations exclusively involves violations described
in this paragraph (except subparagraphs (A) and (B));
``(I) a violation of subsection (b) of section 2260, or an
attempt or conspiracy to violate that subsection under
subsection (c)(2) of that section; and
``(J) a violation of subsection (a)(1) of section 2260B, or
a violation of subsection (a)(2) of that section for
promoting or facilitating an offense described in this
paragraph (except subparagraphs (A) and (B)).''; and
(iii) in paragraph (4), in the first sentence, by inserting
``or an identifiable minor harmed as a result of the
commission of a crime under section 1466A'' after ``under
this chapter'';
(4) in section 2259A(a)--
(A) in paragraph (1), by striking ``under section
2252(a)(4) or 2252A(a)(5)'' and inserting ``described in
subparagraph (B) or (E) of section 2259(c)(3)''; and
(B) in paragraph (2), by striking ``any other offense for
trafficking in child pornography'' and inserting ``any
offense for trafficking in child pornography other than an
offense described in subparagraph (B) or (E) of section
2259(c)(3)'';
(5) in section 2429--
(A) in subsection (b)(3), by striking ``2259(b)(3)'' and
inserting ``2259(c)(2)''; and
(B) in subsection (d)--
(i) by inserting ``(1)'' after ``(d)'';
(ii) by striking ``chapter, including, in'' and inserting
the following: ``chapter.
``(2) In''; and
(iii) in paragraph (2), as so designated, by inserting
``may assume the rights of the victim under this section''
after ``suitable by the court''; and
(6) in section 3664, by adding at the end the following:
``(q) Trustee or Other Fiduciary.--
``(1) In general.--
``(A) Appointment of trustee or other fiduciary.--When the
court issues an order of restitution under section 1593,
2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of
section 3663A(c)(1), for a victim described in subparagraph
(B) of this paragraph, the court, at its own discretion or
upon motion by the Government, may appoint a trustee or other
fiduciary to hold any amount paid for restitution in a trust
or other official account for the benefit of the victim.
``(B) Covered victims.--A victim referred to in
subparagraph (A) is a victim who is--
``(i) under the age of 18 at the time of the proceeding;
``(ii) incompetent or incapacitated; or
``(iii) subject to paragraph (3), a foreign citizen or
stateless person residing outside the United States.
``(2) Order.--When the court appoints a trustee or other
fiduciary under paragraph (1), the court shall issue an order
specifying--
``(A) the duties of the trustee or other fiduciary, which
shall require--
``(i) the administration of the trust or maintaining an
official account in the best interests of the victim; and
``(ii) disbursing payments from the trust or account--
``(I) to the victim; or
``(II) to any individual or entity on behalf of the victim;
``(B) that the trustee or other fiduciary--
``(i) shall avoid any conflict of interest;
``(ii) may not profit from the administration of the trust
or maintaining an official account for the benefit of the
victim other than as specified in the order; and
``(iii) may not delegate administration of the trust or
maintaining the official account to any other person;
``(C) if and when the trust or the duties of the other
fiduciary will expire; and
``(D) the fees payable to the trustee or other fiduciary to
cover expenses of administering the trust or maintaining the
official account for the benefit of the victim, and the
schedule for payment of those fees.
``(3) Fact-finding regarding foreign citizens and stateless
person.--In the case of a victim who is a foreign citizen or
stateless person residing outside the United States and is
not under the age of 18 at the time of the proceeding or
incompetent or incapacitated, the court may appoint a trustee
or other fiduciary under paragraph (1) only if the court
finds it necessary to--
``(A) protect the safety or security of the victim; or
``(B) provide a reliable means for the victim to access or
benefit from the restitution payments.
``(4) Payment of fees.--
``(A) In general.--The court may, with respect to the fees
of the trustee or other fiduciary--
``(i) pay the fees in whole or in part; or
``(ii) order the defendant to pay the fees in whole or in
part.
``(B) Applicability of other provisions.--With respect to a
court order under subparagraph (A)(ii) requiring a defendant
to pay fees--
``(i) subsection (f)(3) shall apply to the court order in
the same manner as that subsection applies to a restitution
order;
``(ii) subchapter C of chapter 227 (other than section
3571) shall apply to the court order in the same manner as
that subchapter applies to a sentence of a fine; and
``(iii) subchapter B of chapter 229 shall apply to the
court order in the same manner as that subchapter applies to
the implementation of a sentence of a fine.
``(C) Effect on other penalties.--Imposition of payment
under subparagraph (A)(ii) shall not relieve a defendant of,
or entitle a defendant to a reduction in the amount of, any
special assessment, restitution, other fines, penalties, or
costs, or other payments required under the defendant's
sentence.
``(D) Schedule.--Notwithstanding any other provision of
law, if the court orders the defendant to make any payment
under subparagraph (A)(ii), the court may provide a payment
schedule that is concurrent with the payment of any other
financial obligation described in subparagraph (C).
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to the United States courts to carry out this subsection
$15,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall be
made under the supervision of the Director of the
Administrative Office of the United States Courts.''.
SEC. 6069A. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND
TRANSPARENCY BY THE TECH INDUSTRY.
(a) In General.--Chapter 110 of title 18, United States
Code, is amended--
(1) in section 2258A--
(A) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Duty to Report.--
``(1) Duty.--In order to reduce the proliferation of online
child sexual exploitation and to prevent the online sexual
exploitation of children, as soon as reasonably possible
after obtaining actual knowledge of any facts or
circumstances described in paragraph (2) or any apparent
child pornography on the provider's service, and in any event
not later than 60 days after obtaining such knowledge, a
provider shall submit to the CyberTipline of NCMEC, or any
successor to the CyberTipline operated by NCMEC, a report
that--
``(A) shall contain--
``(i) the mailing address, telephone number, facsimile
number, electronic mailing address of, and individual point
of contact for, such provider; and
``(ii) information or material described in subsection
(b)(1)(A) concerning such facts or circumstances or apparent
child pornography; and
``(B) may contain information described in subsection
(b)(2), including any available information to identify or
locate any involved minor.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances
indicating an apparent, planned, or imminent violation of
section 1591 (if the violation involves a minor), 2251,
2251A, 2252, 2252A, 2252B, 2260, or 2422(b).
``(3) Complainant information.--For a report premised on a
complaint or notification submitted to a provider by a user
of the provider's product or service, or a parent, guardian,
or representative of such user, the provider shall take
reasonable measures to determine what information or material
in the user's account shall be included in the report as
provided in subsection (b)(1)(A)(vi).
``(b) Contents of Report.--
``(1) In general.--In an effort to prevent the future
sexual victimization of children, and to the extent the
information is within the custody or control of a provider,
each report provided under subsection (a)(1)--
``(A) shall include, to the extent that it is applicable
and reasonably available--
``(i) the name, address, electronic mail address, user or
account identification, Internet Protocol address, port
number, and uniform resource locator of any individual who is
a subject of the report;
``(ii) the terms of service in effect at the time of--
``(I) the apparent violation; or
``(II) the detection of apparent child pornography or a
planned or imminent violation;
``(iii) a copy of any apparent child pornography that is
the subject of the report, or all accessible chats, messages,
or text exchanges that are related to the report, that were
identified in a publicly available location;
``(iv) for each item of apparent child pornography included
in the report under clause (iii) or paragraph (2)(E),
information indicating whether--
``(I) the apparent child pornography was publicly
available; or
``(II) the provider, in its sole discretion, viewed the
apparent child pornography, or any copy thereof, at any point
concurrent with or prior to the submission of the report;
``(v) for each item of apparent child pornography that is
the subject of the report, an
[[Page S3989]]
indication as to whether the apparent child pornography--
``(I) is created in whole or in part through the use of
software, machine learning, artificial intelligence, or any
other computer-generated or technological means, including by
adapting, modifying, manipulating, or altering an authentic
visual depiction;
``(II) has previously been the subject of a report under
subsection (a)(1); or
``(III) is the subject of multiple contemporaneous reports
due to rapid and widespread distribution; and
``(vi) any and all information or material (including
apparent child pornography, chats, messages, or text
exchanges) relating to the subject of the report in the
account of a user of the provider's product or service, if
the user, or the parent, guardian, or representative of such
user--
``(I) provided the information or material in a
notification or complaint to the provider;
``(II) indicates that such information or material should
be included in the report; or
``(III) consents to the inclusion of such information or
material in the report; and
``(B) may, at the sole discretion of the provider, include
the information described in paragraph (2) of this
subsection.
``(2) Other information.--The information referred to in
paragraph (1)(B) is the following:
``(A) Information about any involved individual.--Any
information relating to the identity or location of any
individual who is a subject of the report, including payment
or financial information (excluding personally identifiable
information) and self-reported identifying or locating
information.
``(B) Information about any involved minor.--Information
relating to the identity or location of any involved minor,
which may include an address, electronic mail address,
Internet Protocol address, port number, uniform resource
locator, payment or financial information (excluding
personally identifiable information), or any other
information that may identify or locate any involved minor,
including self-reported identifying or locating information.
``(C) Historical reference.--Information relating to when
and how a customer or subscriber of a provider uploaded,
transmitted, or received content relating to the report or
when and how content relating to the report was reported to,
or discovered by the provider, including a date and time
stamp and time zone.
``(D) Geographic location information.--Information
relating to the geographic location of the involved
individual or website, which may include the Internet
Protocol address, port number, or verified address, or, if
not reasonably available, at least one form of geographic
identifying information, including area code or ZIP Code,
provided by the customer or subscriber, or stored or obtained
by the provider.
``(E) Apparent child pornography.--Any apparent child
pornography not described in paragraph (1)(A)(iii), or other
content related to the subject of the report.
``(F) Complete communication.--The complete communication
containing any apparent child pornography or other content,
including--
``(i) any data or information regarding the transmission of
the communication; and
``(ii) any visual depictions, data, or other digital files
contained in, or attached to, the communication.
``(G) Technical identifier.--An industry-standard hash
value or other similar industry-standard technical identifier
for any reported visual depiction as it existed on the
provider's service.
``(H) Description.--For any item of apparent child
pornography that is the subject of the report, an indication
of whether--
``(i) the depicted sexually explicit conduct involves--
``(I) genital, oral, or anal sexual intercourse;
``(II) bestiality;
``(III) masturbation;
``(IV) sadistic or masochistic abuse; or
``(V) lascivious exhibition of the anus, genitals, or pubic
area of any person; and
``(ii) the depicted minor is--
``(I) an infant or toddler;
``(II) prepubescent;
``(III) pubescent;
``(IV) post-pubescent; or
``(V) of an indeterminate age or developmental stage.
``(I) Chats, messages, or text exchanges.--Chats, messages,
or text exchanges that fully provide the context for the
report.
``(3) Formatting of reports.--When a provider includes any
information described in paragraph (1) or, at its sole
discretion, any information described in paragraph (2) in a
report to the CyberTipline of NCMEC, or any successor to the
CyberTipline operated by NCMEC, the provider shall use best
efforts to ensure that the report conforms with the structure
of the CyberTipline or the successor, as applicable.
``(c) Forwarding of Report and Other Information to Law
Enforcement.--
``(1) In general.--Pursuant to its clearinghouse role as a
private, nonprofit organization, and at the conclusion of its
review in furtherance of its nonprofit mission, NCMEC shall
make available each report submitted under subsection (a)(1)
to one or more of the following law enforcement agencies:
``(A) Any Federal law enforcement agency that is involved
in the investigation of child sexual exploitation,
kidnapping, or enticement crimes.
``(B) Any State or local law enforcement agency that is
involved in the investigation of child sexual exploitation.
``(C) A foreign law enforcement agency designated by the
Attorney General under subsection (d)(3) or a foreign law
enforcement agency that has an established relationship with
the Federal Bureau of Investigation, Immigration and Customs
Enforcement, or INTERPOL, and is involved in the
investigation of child sexual exploitation, kidnapping, or
enticement crimes.
``(2) Technical identifiers.--If a report submitted under
subsection (a)(1) contains an industry-standard hash value or
other similar industry-standard technical identifier--
``(A) NCMEC may compare that hash value or identifier with
any database or repository of visual depictions owned or
operated by NCMEC; and
``(B) if the comparison under subparagraph (A) results in a
match, NCMEC may include the matching visual depiction from
its database or repository when forwarding the report to an
agency described in subparagraph (A) or (B) of paragraph
(1).'';
(B) in subsection (d)--
(i) in paragraph (2), by striking ``subsection (c)(1)'' and
inserting ``subsection (c)(1)(A)'';
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking ``subsection (c)(3)''
and inserting ``subsection (c)(1)(C)''; and
(II) in subparagraph (C), by striking ``subsection (c)(3)''
and inserting ``subsection (c)(1)(C)''; and
(iii) in paragraph (5)(B)--
(I) in clause (i), by striking ``forwarded'' and inserting
``made available''; and
(II) in clause (ii), by striking ``forwarded'' and
inserting ``made available'';
(C) by striking subsection (e) and inserting the following:
``(e) Failure to Comply With Requirements.--
``(1) Criminal penalty.--
``(A) Offense.--It shall be unlawful for a provider to
knowingly--
``(i) fail to submit a report under subsection (a)(1)
within the time period required by that subsection; or
``(ii) fail to preserve material as required under
subsection (h).
``(B) Penalty.--
``(i) In general.--A provider that violates subparagraph
(A) shall be fined--
``(I) in the case of an initial violation, not more than--
``(aa) $850,000 if the provider has not fewer than
100,000,000 monthly active users; or
``(bb) $600,000 if the provider has fewer than 100,000,000
monthly active users; and
``(II) in the case of any second or subsequent violation,
not more than--
``(aa) $1,000,000 if the provider has not fewer than
100,000,000 monthly active users; or
``(bb) $850,000 if the provider has fewer than 100,000,000
monthly active users.
``(ii) Harm to individuals.--The maximum fine under clause
(i) shall be doubled if an individual is harmed as a direct
and proximate result of the applicable violation.
``(2) Civil penalty.--
``(A) Violations relating to cybertipline reports and
material preservation.--A provider shall be liable to the
United States Government for a civil penalty in an amount of
not less than $50,000 and not more than $250,000 if the
provider knowingly--
``(i) fails to submit a report under subsection (a)(1)
within the time period required by that subsection;
``(ii) fails to preserve material as required under
subsection (h); or
``(iii) submits a report under subsection (a)(1) that--
``(I) contains materially false or fraudulent information;
or
``(II) omits information described in subsection (b)(1)(A)
that is reasonably available.
``(B) Annual report violations.--A provider shall be liable
to the United States Government for a civil penalty in an
amount of not less than $100,000 and not more than $1,000,000
if the provider knowingly--
``(i) fails to submit an annual report as required under
subsection (i); or
``(ii) submits an annual report under subsection (i) that--
``(I) contains a materially false, fraudulent, or
misleading statement; or
``(II) omits information described in subsection (i)(1)
that is reasonably available.
``(C) Harm to individuals.--The amount of a civil penalty
under subparagraph (A) or (B) shall be tripled if an
individual is harmed as a direct and proximate result of the
applicable violation.
``(D) Costs of civil actions.--A provider that commits a
violation described in subparagraph (A) or (B) shall be
liable to the United States Government for the costs of a
civil action brought to recover a civil penalty under that
subparagraph.
``(E) Enforcement.--This paragraph shall be enforced in
accordance with sections 3731, 3732, and 3733 of title 31,
except that a civil action to recover a civil penalty under
subparagraph (A) or (B) of this paragraph may only be brought
by the United States Government.
``(3) Deposit of fines and penalties.--Notwithstanding any
other provision of law, any criminal fine or civil penalty
collected under this subsection shall be deposited into
[[Page S3990]]
the Child Pornography Victims Reserve as provided in section
2259B.'';
(D) in subsection (f), by striking paragraph (3) and
inserting the following:
``(3) affirmatively search, screen, or scan for--
``(A) facts or circumstances described in subsection
(a)(2);
``(B) information described in subsection (b)(2); or
``(C) any apparent child pornography.'';
(E) in subsection (g)--
(i) in paragraph (2)(A)--
(I) in clause (iii), by inserting ``or personnel at a
children's advocacy center'' after ``State)''; and
(II) in clause (iv), by striking ``State or subdivision of
a State'' and inserting ``State, subdivision of a State, or
children's advocacy center''; and
(ii) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``subsection (a)'' and inserting
``subsection (a)(1)'';
(F) in subsection (h), by striking paragraph (5) and
inserting the following:
``(5) Relation to reporting requirement.--Submission of a
report as described in subsection (a)(1) does not satisfy the
obligations under this subsection.''; and
(G) by adding at the end the following:
``(i) Annual Report.--
``(1) In general.--Not later than March 31 of the second
year beginning after the date of enactment of the , and of
each year thereafter, a provider that had more than 1,000,000
unique monthly visitors or users during each month of the
preceding year and accrued revenue of more than $50,000,000
during the preceding year shall submit to the Attorney
General and the Chair of the Federal Trade Commission a
report, disaggregated by subsidiary, that provides the
following information for the preceding year to the extent
such information is applicable and reasonably available:
``(A) Cybertipline data.--
``(i) The total number of reports that the provider
submitted under subsection (a)(1).
``(ii) Which items of information described in subsection
(b)(2) are routinely included in the reports submitted by the
provider under subsection (a)(1).
``(B) Other reporting to the provider.--
``(i) The measures the provider has in place to receive
other reports concerning child sexual exploitation and abuse
using the provider's product or on the provider's service.
``(ii) The average time for responding to reports described
in clause (i).
``(iii) The number of reports described in clause (i) that
the provider received.
``(iv) A summary description of the actions taken upon
receipt of the reports described in clause (i).
``(C) Policies.--
``(i) A description of the policies of the provider with
respect to the commission of child sexual exploitation and
abuse using the provider's product or on the provider's
service, including how child sexual exploitation and abuse is
defined.
``(ii) A description of possible user consequences for
violations of the policies described in clause (i).
``(iii) The methods of informing users of the policies
described in clause (i).
``(iv) The process for adjudicating potential violations of
the policies described in clause (i).
``(D) Culture of safety.--
``(i) The measures, tools, and technologies that the
provider deploys to--
``(I) protect children from sexual exploitation and abuse
using the provider's product or service;
``(II) prevent or interdict activity by children related to
sexual exploitation and abuse, including the posting or
sharing of intimate visual depictions; and
``(III) accurately identify adult and minor users.
``(ii) The measures, tools, and technologies that the
provider deploys to empower parents and guardians to protect
their children from sexual exploitation and abuse using the
provider's product or service.
``(iii) The measures, tools, and technologies that the
provider deploys to prevent the use of the provider's product
or service by individuals seeking to commit child sexual
exploitation and abuse.
``(iv) With respect to the measures, tools, and
technologies described in clauses (i), (ii), and (iii)--
``(I) an assessment of their efficacy, including any
relevant quantitative information indicating when and how
often they are used; and
``(II) information on any factors that limit their efficacy
or create gaps in their protection and efforts by the
provider to address those loopholes or gaps.
``(v) A description of factors that interfere with the
provider's ability to detect or evaluate instances of child
sexual exploitation and abuse and an analysis of the impact
of those factors.
``(vi) Information shared by the provider with users about
the risks to children on the provider's product or service
concerning sexual exploitation and abuse and an assessment of
the impact of the information on users, including any
relevant quantitative information indicating how often the
information is reviewed.
``(vii) A description of efforts undertaken by the
provider, to the extent appropriate, to allow for independent
verification of the information provided pursuant to this
subparagraph and of the efficacy of the measures, tools, and
technologies described in clauses (i), (ii), and (iii),
including through the facilitation of independent research.
``(E) Safety by design.--The measures that the provider
takes before launching a new product or service--
``(i) to assess--
``(I) the safety risks for children with respect to sexual
exploitation and abuse; and
``(II) whether and how individuals could use the new
product or service to commit child sexual exploitation and
abuse; and
``(ii) to determine--
``(I) the appropriate age for users of the new product or
service; and
``(II) whether the new product or service will be adopted
to commit child sexual exploitation and abuse.
``(F) Prevalence, trends, and patterns.--Any information
concerning--
``(i) the prevalence of child sexual exploitation and abuse
on the provider's product or service, including the volume of
child pornography that is available and that is being
accessed, distributed, or received; and
``(ii) emerging trends, risks, and changing patterns with
respect to the commission of online child sexual exploitation
and abuse.
``(G) Other information.--Any other information relevant to
child sexual exploitation and abuse on the provider's product
or service.
``(2) Avoiding duplication.--Notwithstanding the
requirement under the matter preceding paragraph (1) that
information be submitted annually, in the case of any report
submitted under that paragraph after the initial report, a
provider shall submit information described in subparagraphs
(C) through (F) of that paragraph not less frequently than
once every 3 years or when new information is available,
whichever is more frequent.
``(3) Limitation.--Nothing in paragraph (1) shall require
the disclosure of trade secrets or other proprietary
information.
``(4) Publication.--
``(A) In general.--Subject to subparagraph (B), the
Attorney General and the Chair of the Federal Trade
Commission shall publish the reports received under this
subsection.
``(B) Redaction.--
``(i) In general.--Whether or not such redaction is
requested by the provider, the Attorney General and Chair of
the Federal Trade Commission shall redact from a report
published under subparagraph (A) any information as necessary
to avoid--
``(I) undermining the efficacy of a safety measure
described in the report; or
``(II) revealing how a product or service of a provider may
be used to commit online child sexual exploitation and abuse.
``(ii) Additional redaction.--
``(I) Request.--In addition to information redacted under
clause (i), a provider may request the redaction, from a
report published under subparagraph (A), of any information
that is law enforcement sensitive or otherwise not suitable
for public distribution.
``(II) Agency discretion.--The Attorney General and Chair
of the Federal Trade Commission--
``(aa) shall consider a request made under subclause (I);
and
``(bb) may, in their discretion, redact from a report
published under subparagraph (A) any information pursuant to
the request.'';
(2) in section 2258B--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Limited liability.--Except as provided in subsection
(b), a civil claim or criminal charge described in paragraph
(2) may not be brought in any Federal or State court.
``(2) Covered claims and charges.--A civil claim or
criminal charge referred to in paragraph (1) is a civil claim
or criminal charge against a provider or domain name
registrar, including any director, officer, employee, or
agent of such provider or domain name registrar, that is
directly attributable to--
``(A) the performance of the reporting or preservation
responsibilities of such provider or domain name registrar
under this section, section 2258A, or section 2258C;
``(B) transmitting, distributing, or mailing child
pornography to any Federal, State, or local law enforcement
agency, or giving such agency access to child pornography, in
response to a search warrant, court order, or other legal
process issued or obtained by such agency; or
``(C) the use by the provider or domain name registrar of
any material being preserved under section 2258A(h) by such
provider or registrar for research and the development and
training of tools, undertaken voluntarily and in good faith
for the sole and exclusive purpose of--
``(i) improving or facilitating reporting under this
section, section 2258A, or section 2258C; or
``(ii) stopping the online sexual exploitation of
children.''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``; or'' and inserting
``or knowingly failed to comply with a requirement under
section 2258A;'';
(ii) in paragraph (2)(C)--
(I) by striking ``sections'' and inserting ``this section
or section''; and
(II) by striking the period and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) for purposes of subsection (a)(2)(C), knowingly
distributed or transmitted the material, or made the material
available, except as required by law, to--
[[Page S3991]]
``(A) any other entity;
``(B) any person not employed by the provider or domain
name registrar; or
``(C) any person employed by the provider or domain name
registrar who is not conducting any research described in
that subsection.'';
(3) in section 2258C--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in the subsection heading, by striking ``Elements'' and
inserting ``Information Sharing With Providers and Entities
for the Purposes of Preventing and Curtailing the Online
Sexual Exploitation of Children'';
(ii) in paragraph (1)--
(I) by striking ``to a provider'' and inserting the
following: ``or submission to the Child Victim Identification
Program to--
``(A) a provider'';
(II) in subparagraph (A), as so designated--
(aa) by inserting ``use of the provider's products or
services to commit'' after ``stop the''; and
(bb) by striking the period at the end and inserting ``;
or''; and
(III) by adding at the end the following:
``(B) an entity for the sole and exclusive purpose of
preventing and curtailing the online sexual exploitation of
children.''; and
(iii) in paragraph (2)--
(I) in the heading, by striking ``Inclusions'' and
inserting ``Elements'';
(II) by striking ``unique identifiers'' and inserting
``similar technical identifiers'';
(III) by inserting ``or content, elements, or reported
materials,'' after ``visual depiction,'';
(IV) by inserting a comma after ``location'';
(V) by striking ``and any other elements''; and
(VI) by inserting ``or submission to the Child Victim
Identification Program'' after ``CyberTipline report'';
(C) in subsection (b)--
(i) in the heading, by inserting ``or Entities'' after
``Providers'';
(ii) by striking ``Any provider'' and inserting the
following:
``(1) In general.--Any provider or entity'';
(iii) in paragraph (1), as so designated--
(I) by striking ``receives'' and inserting ``obtains''; and
(II) by inserting ``or submission to the Child Victim
Identification Program'' after ``CyberTipline report''; and
(iv) by adding at the end the following:
``(2) Limitation on sharing with other entities.--A
provider or entity that obtains elements under subsection
(a)(1) may not distribute those elements, or make those
elements available, to any other entity, except for the sole
and exclusive purpose of curtailing, preventing, or stopping
the online sexual exploitation of children.'';
(D) in subsection (c)--
(i) by striking ``subsections'' and inserting
``subsection'';
(ii) by striking ``providers receiving'' and inserting ``a
provider or entity to obtain'';
(iii) by inserting ``or submission to the Child Victim
Identification Program'' after ``CyberTipline report''; and
(iv) by striking ``to use the elements to stop the online
sexual exploitation of children''; and
(E) in subsection (d), by inserting ``or to the Child
Victim Identification Program'' after ``CyberTipline'';
(4) in section 2258E--
(A) in paragraph (6), by striking ``electronic
communication service provider'' and inserting ``electronic
communication service'';
(B) in paragraph (7), by striking ``and'' at the end;
(C) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(9) the term `publicly available', with respect to a
visual depiction on a provider's service, means the visual
depiction can be viewed by or is accessible to all users of
the service, regardless of the steps, if any, a user must
take to create an account or to gain access to the service in
order to access or view the visual depiction; and
``(10) the term `Child Victim Identification Program' means
the program described in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11293(b)(1)(K)(ii)).'';
(5) in section 2259B(a), by inserting ``, any fine or
penalty collected under section 2258A(e),'' after ``2259A'';
and
(6) by adding at the end the following:
``Sec. 2260B. Liability for certain child sexual exploitation
offenses
``(a) Offense.--It shall be unlawful for a provider of an
interactive computer service, as that term is defined in
section 230 of the Communications Act of 1934 (47 U.S.C.
230), that operates through the use of any facility or means
of interstate or foreign commerce or in or affecting
interstate or foreign commerce, through such service to--
``(1) intentionally host or store child pornography or make
child pornography available to any person; or
``(2) knowingly promote or facilitate a violation of
section 2251, 2251A, 2252, 2252A, or 2422(b).
``(b) Penalty.--A provider of an interactive computer
service that violates subsection (a)--
``(1) subject to paragraph (2), shall be fined not more
than $1,000,000; and
``(2) if the offense involves a conscious or reckless risk
of serious personal injury or an individual is harmed as a
direct and proximate result of the violation, shall be fined
not more than $5,000,000.
``(c) Rule of Construction.--Nothing in this section shall
be construed to apply to any good faith action by a provider
of an interactive computer service that is necessary to
comply with a valid court order, subpoena, search warrant,
statutory obligation, or preservation request from law
enforcement.''.
(b) Clerical Amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by adding at
the end the following:
``2260B. Liability for certain child sexual exploitation offenses.''.
(c) Effective Date for Amendments to Reporting Requirements
of Providers.--The amendments made by subsection (a)(1) of
this section shall take effect on the date that is 120 days
after the date of enactment of this Act.
SEC. 6069B. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE
CHILD SEXUAL EXPLOITATION.
(a) Statement of Intent.--Nothing in this section shall be
construed to abrogate or narrow any case law concerning
section 2255 of title 18, United States Code.
(b) Civil Remedy for Personal Injuries.--Section 2255(a) of
title 18, United States Code, is amended--
(1) by striking ``In General.--Any person who, while a
minor, was a victim of a violation of section 1589, 1590,
1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260,
2421, 2422, or 2423 of this title and who suffers personal
injury as a result of such violation, regardless of whether
the injury occurred while such person was a minor, may sue''
and inserting the following: ``Private Right of Action.--
``(1) In general.--Any person described in subparagraph
(A), (B), or (C) of paragraph (2) who suffers personal injury
as a result of a violation described in that subparagraph,
regardless of whether the injury occurred while such person
was a minor, may bring a civil action''; and
(2) by adding at the end the following:
``(2) Eligible persons.--Paragraph (1) shall apply to any
person--
``(A) who, while a minor, was a victim of--
``(i) a violation of section 1589, 1590, 1591, 2241, 2242,
2243, 2251, 2251A, 2260(a), 2421, 2422, or 2423;
``(ii) an attempt to violate section 1589, 1590, or 1591
under section 1594(a);
``(iii) a conspiracy to violate section 1589 or 1590 under
section 1594(b); or
``(iv) a conspiracy to violate section 1591 under section
1594(c);
``(B) who--
``(i) is depicted as a minor in child pornography; and
``(ii) is a victim of a violation of 2252, 2252A, or
2260(b) (regardless of when the violation occurs); or
``(C) who--
``(i) is depicted as an identifiable minor in a visual
depiction described in section 1466A; and
``(ii) is a victim of a violation of that section
(regardless of when the violation occurs).''.
(c) Civil Remedy Against Online Platforms and App Stores.--
(1) In general.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2255 the
following:
``Sec. 2255A. Additional remedy for certain victims of child
pornography or child sexual exploitation
``(a) In General.--
``(1) Promotion or aiding and abetting of certain
violations.--Any person who is a victim of the intentional,
knowing, or reckless promotion, or aiding and abetting, of a
violation of section 1591 or 1594(c) (involving a minor), or
section 2251, 2251A, 2252, 2252A, or 2422(b), where such
promotion, or aiding and abetting, is by a provider of an
interactive computer service or an app store, and who suffers
personal injury as a result of such promotion or aiding and
abetting, regardless of when the injury occurred, may bring a
civil action in any appropriate United States District Court
for relief set forth in subsection (b).
``(2) Activities involving child pornography.--Any person
who is a victim of the intentional, knowing, or reckless
hosting or storing of child pornography or making child
pornography available to any person by a provider of an
interactive computer service, and who suffers personal injury
as a result of such hosting, storing, or making available,
regardless of when the injury occurred, may bring a civil
action in any appropriate United States District Court for
relief set forth in subsection (b).
``(b) Relief.--In a civil action brought by a person under
subsection (a)--
``(1) the person shall recover the actual damages the
person sustains or liquidated damages in the amount of
$300,000, and the cost of the action, including reasonable
attorney fees and other litigation costs reasonably incurred;
and
``(2) the court may, in addition to any other relief
available at law, award punitive damages and such other
preliminary and equitable relief as the court determines to
be appropriate, including a temporary restraining order, a
preliminary injunction, or a permanent injunction ordering
the defendant to cease the offending conduct.
``(c) Statute of Limitations.--There shall be no time limit
for the filing of a complaint commencing an action under
subsection (a).
[[Page S3992]]
``(d) Venue; Service of Process.--
``(1) Venue.--Any action brought under subsection (a) may
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28.
``(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in
which the defendant--
``(A) is an inhabitant; or
``(B) may be found.
``(e) Relation to Section 230 of the Communications Act of
1934.--Nothing in section 230 of the Communications Act of
1934 (47 U.S.C. 230) shall be construed to impair or limit
any claim brought under subsection (a).
``(f) Rules of Construction.--
``(1) Applicability to legal process or obligation.--
Nothing in this section shall be construed to apply to any
good faith action that is necessary to comply with a valid
court order, subpoena, search warrant, statutory obligation,
or preservation request from law enforcement.
``(2) Application of section 2258b.--A civil action brought
under subsection (a) shall be subject to section 2258B.
``(g) Encryption Technologies.--
``(1) In general.--None of the following actions or
circumstances shall serve as an independent basis for
liability under subsection (a):
``(A) Utilizing full end-to-end encrypted messaging
services, device encryption, or other encryption services.
``(B) Not possessing the information necessary to decrypt a
communication.
``(C) Failing to take an action that would otherwise
undermine the ability to offer full end-to-end encrypted
messaging services, device encryption, or other encryption
services.
``(2) Consideration of evidence.--Evidence of actions or
circumstances described in paragraph (1) shall be admissible
in a civil action brought under subsection (a) if--
``(A) the actions or circumstances are relevant under rules
401 and 402 of the Federal Rules of Evidence to--
``(i) prove motive, intent, preparation, plan, absence of
mistake, or lack of accident; or
``(ii) rebut any evidence or factual or legal claim; and
``(B) the actions or circumstances--
``(i) are otherwise admissible under the Federal Rules of
Evidence; and
``(ii) are not subject to exclusion under rule 403 or any
other rule of the Federal Rules of Evidence.
``(3) No effect on discovery.--Nothing in paragraph (1) or
(2) shall be construed to create a defense to a discovery
request or otherwise limit or affect discovery in any civil
action brought under subsection (a).
``(h) Defense.--In a civil action under subsection (a)(2)
involving knowing or reckless conduct, it shall be a defense
at trial, which the provider of an interactive computer
service must establish by a preponderance of the evidence as
determined by the finder of fact, that--
``(1) the provider disabled access to or removed the child
pornography within a reasonable timeframe, and in any event
not later than 48 hours after obtaining knowledge that the
child pornography was being hosted, stored, or made available
by the provider (or, in the case of a provider that, for the
most recent calendar year, averaged fewer than 10,000,000
active users on a monthly basis in the United States, within
a reasonable timeframe, and in any event not later than 2
business days after obtaining such knowledge);
``(2) the provider exercised a reasonable, good faith
effort to disable access to or remove the child pornography
but was unable to do so for reasons outside the provider's
control; or
``(3) it is technologically impossible for the provider to
disable access to or remove the child pornography without
compromising encryption technologies.
``(i) Sanctions for Repeated Bad Faith Civil Actions or
Defenses.--
``(1) Definitions.--In this subsection:
``(A) Bad faith civil action.--The term `bad faith civil
action' means a civil action brought under subsection (a) in
bad faith where the finder of fact determines that at the
time the civil action was filed, the party, attorney, or law
firm described in paragraph (2) had actual knowledge that--
``(i) the alleged conduct did not involve any minor; or
``(ii) the alleged child pornography did not depict--
``(I) any minor; or
``(II) sexually explicit conduct, sexual suggestiveness,
full or partial nudity, or implied sexual activity.
``(B) Bad faith defense.--The term `bad faith defense'
means a defense in a civil action brought under subsection
(a) raised in bad faith where the finder of fact determines
that at the time the defense was raised, the party, attorney,
or law firm described in paragraph (3) had actual knowledge
that the defense--
``(i) was made solely for the purpose of delaying the civil
action or increasing the costs of the civil action; or
``(ii) was objectively baseless in light of the applicable
law or facts at issue.
``(2) Bad faith civil action.--In the case of a civil
action brought under subsection (a), the court may impose
sanctions on--
``(A) the party bringing the civil action if the court
finds that the party has brought 2 or more bad faith civil
actions (which may include the instant civil action); or
``(B) an attorney or law firm representing the party
bringing the civil action if the court finds that the
attorney or law firm has represented--
``(i) a party who has brought 2 or more bad faith civil
actions (which may include the instant civil action); or
``(ii) 2 or more parties who have each brought a bad faith
civil action (which may include the instant civil action).
``(3) Bad faith defense.--In the case of a civil action
brought under subsection (a), the court may impose sanctions
on--
``(A) the party defending the civil action if the court
finds that the party has raised 2 or more bad faith defenses
(which may include 1 or more defenses raised in the instant
civil action); or
``(B) an attorney or law firm representing the party
defending the civil action if the court finds that the
attorney or law firm has represented--
``(i) a party who has raised 2 or more bad faith defenses
(which may include 1 or more defenses raised in the instant
civil action); or
``(ii) 2 or more parties who have each raised a bad faith
defense (which may include a defense raised in the instant
civil action).
``(4) Implementation.--Rule 11(c) of the Federal Rules of
Civil Procedure shall apply to sanctions imposed under this
subsection in the same manner as that rule applies to
sanctions imposed for a violation of rule 11(b) of those
Rules.
``(5) Rules of construction.--
``(A) Rule 11.--This subsection shall not be construed to
limit or expand the application of rule 11 of the Federal
Rules of Civil Procedure.
``(B) Definition change.--Paragraph (1)(A)(ii) shall not be
construed to apply to a civil action affected by a
contemporaneous change in the law with respect to the
definition of `child pornography'.
``(j) Definitions.--In this section:
``(1) App.--The term `app' means a software application or
electronic service that may be run or directed by a user on a
computer, a mobile device, or any other general purpose
computing device.
``(2) App store.--The term `app store' means a publicly
available website, software application, or other electronic
service that--
``(A) distributes apps from third-party developers to users
of a computer, a mobile device, or any other general purpose
computing device; and
``(B) operates--
``(i) through the use of any means or facility of
interstate or foreign commerce; or
``(ii) in or affecting interstate or foreign commerce.
``(3) Interactive computer service.--The term `interactive
computer service' means an interactive computer service, as
defined in section 230(f) of the Communications Act of 1934
(47 U.S.C. 230(f)), that operates--
``(A) through the use of any means or facility of
interstate or foreign commerce; or
``(B) in or affecting interstate or foreign commerce.
``(k) Savings Clause.--Nothing in this section, including
the defenses under this section, shall be construed to apply
to any civil action brought under any other Federal law,
rule, or regulation, including any civil action brought
against a provider of an interactive computer service or an
app store under section 1595 or 2255.''.
(2) Clerical amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by inserting
after the item relating to section 2255 the following:
``2255A. Additional remedy for certain victims of child pornography or
child sexual exploitation.''.
SEC. 6069C. SEVERABILITY.
If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle and the
amendments made by this subtitle, and the application of the
provision or amendment to any other person or circumstance,
shall not be affected.
SEC. 6069D. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND
TRIBAL LAW.
(a) Federal Law.--Nothing in this subtitle or the
amendments made by this subtitle, nor any rule or regulation
issued pursuant to this subtitle or the amendments made by
this subtitle, shall affect or diminish any right or remedy
for a victim of child pornography or child sexual
exploitation under any other Federal law, rule, or
regulation, including any claim under section 2255 of title
18, United States Code, with respect to any individual or
entity.
(b) State or Tribal Law.--Nothing in this subtitle or the
amendments made by this subtitle, nor any rule or regulation
issued pursuant to this subtitle or the amendments made by
this subtitle, shall--
(1) preempt, diminish, or supplant any right or remedy for
a victim of child pornography or child sexual exploitation
under any State or Tribal common or statutory law; or
(2) prohibit the enforcement of a law governing child
pornography or child sexual exploitation that is at least as
protective of the rights of a victim as this subtitle and the
amendments made by this subtitle.
[[Page S3993]]
Subtitle J--Space Ready Act
SEC. 6071. SHORT TITLE.
This subtitle may be cited as the ``Space Ready Act''.
SEC. 6072. DEFINITIONS.
In this subtitle:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Common use infrastructure.--The term ``common use
infrastructure''--
(A) means any infrastructure that benefits 1 or more NASA
Center users;
(B) includes roadways and commodities pipelines and
portions of roadways and commodities pipelines; and
(C) does not include any infrastructure that solely
benefits the National Aeronautics and Space Administration.
(4) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(5) Project.--The term ``project'' means any work performed
in support of a common activity or infrastructure effort
under 1 or more common use infrastructure agreements entered
into pursuant to this subtitle, regardless of whether such
work is conducted pursuant to a single agreement or multiple
separate agreements with different commercial entities.
SEC. 6073. PILOT PROGRAM FOR INFRASTRUCTURE INVESTMENTS AT
NASA CENTERS.
(a) Pilot Program.--The Administrator may conduct a pilot
program for private and public investment in specific
infrastructure projects at 1 or more NASA Centers.
(b) Agreements in Support of Common Use Infrastructure
Projects.--
(1) Funding.--
(A) Voluntary infrastructure contributions.--The
Administrator may enter into agreements under section
20113(e) of title 51, United States Code, involving
transactions that support public and commercial activities at
1 or more NASA Centers, and such agreements may include the
authority to collect voluntary infrastructure contributions
to fund specific capital repair, maintenance, and improvement
projects described in paragraph (2), but no contribution may
be collected or accepted, and no agreement authorizing the
collection of such contributions may be executed, except to
the extent and in such amounts as provided in advance in an
appropriations Act. Any contributions so collected shall be
available only to the extent and in such amounts as provided
in advance in appropriations Acts, and shall be subject to
the same purposes, terms, and conditions as amounts otherwise
appropriated to the account.
(B) Transparency.--
(i) Cost and schedule estimates.--In any agreement that
includes the means for voluntary contributions described in
this section, the Administrator shall establish a reasonable
cost and schedule baseline for each project.
(ii) Project completion.--At the conclusion of each
designated project, the Administrator shall provide each
contributing commercial entity with a final project cost,
including a breakdown of cost sharing between government and
commercial entities.
(C) Project costs and timelines.--The Administrator shall--
(i) to the maximum extent practicable, ensure that the
projects described in this section are completed within the
cost estimates and timelines established under subparagraph
(B)(i); and
(ii) exercise streamlined acquisition procedures to the
maximum extent allowed by law.
(D) Cost-sharing.--The Administrator shall ensure that any
agreement entered into with a commercial entity under
subparagraph (A) provides that, at the conclusion of the
project, any funds contributed by the commercial entity that
remain unexpended shall be returned to such entity in
proportion to the amount originally contributed by the
partner.
(E) Nonconditioning of agreements.--The Administrator shall
not withhold execution of any agreement under section
20113(e) of title 51, United States Code, or deny a lease or
other authorization for commercial activities on the basis of
a failure to reach agreement on the amount or terms of
contributions described in this section.
(F) Requirements with respect to agreements.--Each
agreement entered into with a commercial entity under
subparagraph (A) shall, on a case-by-case basis--
(i) address the terms of use, ownership, and disposition of
the funds, services, or equipment contributed pursuant to the
agreement;
(ii) include a provision that the commercial entity will
not recover the costs of its contribution through any other
agreement with the United States; and
(iii) include a provision that mutually determines which
entity covers costs in the event of cost overruns or project
delays.
(G) CECR funds.--
(i) In general.--As provided in advance in appropriations
Acts, the Administrator is authorized to use amounts
otherwise made available within the Construction and
Environmental Compliance and Restoration account to fulfill
the obligations entered into by the Administrator under
agreements pursuant to this section.
(ii) Receipt of funds.--Contributions may be collected only
as provided in subparagraph (A). Private contributions
deposited into the Construction and Environmental Compliance
and Restoration account shall be available only to the extent
and in such amounts as provided in advance in appropriations
Acts, and shall be subject to the same purposes, terms, and
conditions as amounts otherwise appropriated to the account.
(H) Contributions from other entities.--The Administrator
may enter into agreements for voluntary contributions from
other entities, including Federal, State, or local
authorities, for the purpose of funding projects.
(I) Direct agreements.--
(i) Rule of construction.--Nothing in this subtitle may be
construed to restrict the Administrator from entering into
direct agreements under section 20113(e) of title 51, United
States Code, with entities to perform work within a NASA
Center separate from the activities funded through projects.
(ii) Prioritization.--The Administrator shall prioritize
such direct agreements in instances in which required work
would be completed more expeditiously or at a lower cost than
through the pilot program described in this section.
(iii) Direct contributions.--The Administrator may make
direct financial or in-kind contributions to projects
undertaken by commercial entities under agreements entered
into under clause (i), as the Administrator considers
appropriate to support common use infrastructure at a NASA
Center.
(2) Use of funds.--
(A) In general.--Contributions proffered by entities under
agreements in support of projects shall be used by the
Administrator to conduct capital repairs, maintenance, and
improvements to NASA-owned infrastructure at a NASA Center,
as the Administrator considers necessary to support
activities conducted under agreements entered into under
section 20113(e) of title 51, United States Code, which may
include renovation, rehabilitation, sustainment, demolition,
construction, operation, maintenance, repair, enhancement,
expansion, and modernization of NASA-owned infrastructure at
a NASA Center.
(B) Consultation.--The Administrator shall consult and
partner with other Federal, State, and local public
entities--
(i) to ensure that such projects are not duplicative; and
(ii) to identify opportunities for projects to provide
increased capability or capacity to users.
(C) Treatment of improvements.--Improvements made to NASA-
owned infrastructure at a NASA Center with amounts made
available under a voluntary agreements under this section
shall be property of the United States, unless the
Administrator determines that transferring ownership of such
improvements would be in the best interests of the United
States.
(D) Unexpended contributions.--For any voluntary
contributions from a commercial entity designated to a
specific project that are not fully expended on that project
within 90 days of the project becoming operational, the
Administrator shall, at the election of the contributing
commercial entity--
(i) refund the unexpended portion to the entity; or
(ii) allow the commercial entity to redesignate the funds
to another eligible project under this subsection.
(3) Annual report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Administrator 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 report on projects conducted under this
section that includes the following:
(A) For the preceding calendar year, the total amount of
expenditures on projects by NASA and industry.
(B) The proposed uses of amounts contributed by NASA and
industry for the operating plans of the Administration.
(C) Additional recommendations for efforts to streamline or
reduce costs for each agreed upon project described in this
section.
(4) Updates.--Not less frequently than every 2 years, the
Administrator, in collaboration with commercial entities,
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 interim
milestone updates relating to the pilot program under this
section.
(5) Termination.--
(A) In general.--The authority to collect voluntary
contributions under paragraph (1)(A) shall terminate on
December 31, 2031.
(B) Rule of construction.--The termination under
subparagraph (A) of the authority to collect voluntary
contributions may not be construed to otherwise affect the
validity or terms of agreements under section 20113(e) of
title 51, United States Code, or the retention or use by the
Administration of proceeds from such agreements.
(6) Prohibition on new budget authority.--Nothing in this
subtitle may be construed to provide new budget authority to
incur obligations in advance of appropriations.
[[Page S3994]]
Subtitle K--Chip Security Act
SEC. 6081. SHORT TITLE.
This subtitle may be cited as the ``Chip Security Act''.
SEC. 6082. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) technology developed in the United States should serve
as the foundation for the global ecosystem of artificial
intelligence to advance the foreign policy and national
security objectives of the United States and allies and
partners of the United States;
(2) the United States can foster goodwill, strengthen
relationships, and support innovative research around the
world by providing allies and partners of the United States
with advanced computing capabilities;
(3) advanced integrated circuits and computing hardware
that are exported from the United States must be protected
from diversion, theft, and other unauthorized use or
exploitation in order to bolster the competitiveness of the
United States and protect the national security of the United
States;
(4) illegal diversion of advanced integrated circuits and
computing hardware, particularly illegal diversion to the
People's Republic of China and the Russian Federation, is a
significant and growing issue that undermines the United
States' export controls and threatens the United States'
national security;
(5) implementing chip security mechanisms will improve
enforcement of export control laws of the United States,
assist allies and partners with guarding computing hardware,
and enhance protections from bad actors looking to access,
divert, or tamper with advanced integrated circuits and
computing hardware; and
(6) implementing chip security mechanisms may help with the
detection of smuggling or exploitation of advanced integrated
circuits and computing hardware, thereby allowing for
increased flexibility in export controls and opening the door
for more international partners to receive streamlined and
larger shipments of advanced computing hardware.
SEC. 6083. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Chip security mechanism.--The term ``chip security
mechanism'' means, with respect to a covered integrated
circuit product, a software-, firmware-, or hardware-enabled
security mechanism or a physical security mechanism,
including--
(A) periodic on-site audits or inventories at the end-
user's approved destination for the covered integrated
circuit product;
(B) periodic attestations by a U.S.-headquartered entity,
or its subsidiaries, confirming that all covered integrated
circuit products are accounted for, provided the Under
Secretary approves the attestations;
(C) except in the case of a covered integrated circuit
product whose sole or principal function is memory or
storage, ping-based location verification through a trusted
landmark server utilizing secure software- or firmware-
enabled mechanisms; or
(D) various other mechanisms, or combinations of
mechanisms, that the Under Secretary determines can
verifiably demonstrate with significant confidence that the
covered integrated circuit product has not been illegally
diverted to a destination of concern.
(3) Covered integrated circuit product.--
(A) In general.--The term ``covered integrated circuit
product'' means a certain integrated circuit, computer, or
other product classified under Export Control Classification
Number 3A090, 4A090, 5A002.z, related .z Export Control
Classification Numbers, or other functionally equivalent or
substantially similar items.
(B) Modification.--The Under Secretary shall routinely
modify the definition of the term ``covered integrated
circuit product'' under subparagraph (A) for the purposes of
this subtitle to ensure only integrated circuits, computers,
electronic assembly, or components designed or marketed for
datacenter use are subject to the requirements of this
subtitle.
(C) Exclusion.--The term ``covered integrated circuit''
does not include--
(i) covered integrated circuits or products containing a
covered integrated circuit that are not designed or marketed
for use in a data center;
(ii) microprocessor microcircuits, such as central
processing units, that are not graphics processing units or
similar products; or
(iii) network switch integrated circuits whose dominant
function is routing traffic over a computing network.
(4) Destination of concern.--The term ``destination of
concern'' means--
(A) a country subject to a United States arms embargo as
described in section 126.1 of title 22, Code of Federal
Regulations; or
(B) any other country determined by the Under Secretary.
(5) Export, in-country transfer, and reexport.--The terms
``export'', ``in-country transfer'', and ``reexport'' have
the meanings given those terms in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
(6) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Industry and Security.
SEC. 6084. RULES OF CONSTRUCTION.
Nothing in this subtitle may be construed to direct the
Under Secretary--
(1) to require any chip security mechanisms that--
(A) may hinder the capability or functionality of a covered
integrated circuit product, such as a kill switch or
geofencing mechanism; or
(B) meaningfully undermine the cybersecurity of the covered
integrated circuit product;
(2) to mandate the incorporation of a location verification
mechanism on a covered integrated circuit product that
requires physical changes to hardware;
(3) to consider any chip security mechanism requirements of
this subtitle as applicable to a person that fabricates
covered integrated circuit products, unless the person also
designs the respective covered integrated circuit products;
(4) to require chip security mechanisms for exports of
integrated circuits, computers, electronic assemblies, or
components that are not designed or marketed for artificial
intelligence datacenter use;
(5) to limit any other enforcement authority of the Under
Secretary or the head of any other Federal department or
agency under the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.) or any other provision of law; or
(6) to apply any requirements or regulations under this
subtitle to any covered integrated circuit products in the
United States.
SEC. 6085. INITIAL REPORT TO CONGRESS ON CHIP SECURITY
MECHANISMS.
(a) Assessment.--On the date of the enactment of this Act,
the Under Secretary, in consultation with the Secretary of
State, the Secretary of Defense, and the Secretary of Energy
and in robust consultation with the public in a manner
determined appropriate by the Under Secretary and in
consultation with the heads of other relevant Federal
departments and agencies, shall initiate an assessment--
(1) to identify potential chip security mechanisms to
enable reliable verification of whether a covered integrated
circuit product has been illegally diverted or accessed;
(2) to develop incentives for facilitating industry-wide
incorporation of such chip security mechanisms;
(3) to conduct an analysis of the potential costs
associated with implementing such chip security mechanisms;
and
(4) to recommend a set of chip security mechanisms that
would effectively detect diversion and smuggling and is
technically feasible, cost-effective, and ensures the
technology leadership of the United States.
(b) Stakeholder Engagement.--In carrying out the
requirements under subsection (a), the Under Secretary shall
undertake a robust stakeholder engagement process to inform
the development and implementation of chip security
mechanisms, which shall include--
(1) soliciting input from relevant stakeholders,
including--
(A) private sector entities involved in the covered
integrated circuit product supply chain;
(B) experts in software, firmware, hardware security,
cybersecurity, privacy, export compliance, national security,
and advanced artificial intelligence; and
(C) individuals from academic institutions, federally
funded research and development centers, Federal departments
and agencies, and other research organizations with relevant
expertise; and
(2) incorporating stakeholder feedback to ensure that
required chip security mechanisms are operationally
effective, scalable, and aligned with best practices in
security, privacy, and export compliance.
(c) Report to Congress.--
(1) In general.--Not later than 210 days after the date of
the enactment of this Act, the Under Secretary shall submit
to the appropriate congressional committees a report on the
results of the assessment required by subsection (a),
including--
(A) an identification of the chip security mechanisms the
Under Secretary plans to propose pursuant to implementing
section 6086;
(B) an identification of future research and development
directions that could be used to enhance robustness of chip
security mechanisms and incentives to promote such research
and development directions;
(C) a roadmap for the timely implementation of the chip
security mechanisms; and
(D) any recommendations for potential modifications to
relevant export controls to allow for more flexibility with
respect to the countries to or in which covered integrated
circuit products may be exported, reexported, or in-country-
transferred if the products include chip security mechanisms.
(2) Form.--The report required in this subsection shall be
submitted in unclassified form but may include a classified
annex.
SEC. 6086. REQUIREMENTS FOR CHIP SECURITY MECHANISMS FOR
EXPORT, RE-EXPORT, OR IN-COUNTRY TRANSFER OF
COVERED INTEGRATED CIRCUIT PRODUCTS.
(a) Primary Requirements.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Under Secretary, in
consultation with the Secretary of State, the Secretary of
Defense, and the Secretary of Energy, shall require any
covered integrated circuit product that is exported,
reexported, or in-country
[[Page S3995]]
transferred to or within a foreign country to be secured by a
chip security mechanism that enables reliable verification of
whether the product has been illegally diverted to
destinations of concern, to the extent consistent with the
recommendations transmitted pursuant to section 6085, using
techniques that are feasible and appropriate on such date of
enactment.
(2) Adaptation of requirement for geographical
differences.--In implement the requirements of paragraph (1),
the Under Secretary may select chip security mechanisms that
vary by geographical region and by party, as the Under
Secretary deems appropriate to support national security and
foreign policy.
(3) Proposed regulations.--
(A) In general.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary shall
promulgate proposed regulations implementing the requirements
of paragraph (1).
(B) Requirements.--In promulgating the proposed regulations
under subparagraph (A), the Under Secretary shall--
(i) solicit public feedback on potential guidance to
clarify the categories of persons subject to this
requirement, how information should be securely shared
between entities, and the procedures for submission of such
notifications, in order to ensure clarity regarding
compliance obligations and implementation; and
(ii) issue guidance to clarify how the regulations can be
applied in nations with data localization laws or data
privacy laws, providing flexibility if such laws require
novel or flexible approaches.
(4) Rule promulgation.--Not later than one year after the
date of the enactment of this Act, the Under Secretary, in
robust consultation with the public in a manner determined
appropriate by the Under Secretary and in consultation with
the heads of other relevant Federal departments and agencies,
shall promulgate a rule that includes a reporting requirement
to inform the Bureau of Industry and Security of the
Department of Commerce whenever chip security mechanisms fail
to confirm that any covered integrated circuit product has
not been illegally diverted to a destination of concern,
taking into account reasonable time for persons to verify or
repair the chip security mechanism, identified in the rule,
including instances in which there is evidence that a product
has been subjected to tampering or an attempt at tampering,
including efforts to disable, spoof, falsify, manipulate,
mislead, or circumvent chip security mechanisms.
(5) Stakeholder engagement.--In carrying out this
subsection, the Under Secretary shall undertake a robust
stakeholder engagement process to inform the development and
implementation of chip security mechanisms, which shall
include--
(A) soliciting input from relevant stakeholders,
including--
(i) private sector entities involved in the covered
integrated circuit product supply chain;
(ii) experts in software, firmware, and hardware security,
cybersecurity, privacy, export compliance, national security,
and advanced artificial intelligence; and
(iii) individuals from academic institutions, federally
funded research and development centers, Federal departments
and agencies, and other research organizations with relevant
expertise; and
(B) incorporating stakeholder feedback to ensure that
required chip security mechanisms are operationally
effective, scalable, and aligned with best practices in
security, privacy, and export compliance.
(b) Enhancements to Chip Security Mechanisms.--
(1) Assessment.--
(A) In general.--Not later than two years after the date of
the enactment of this Act, and annually thereafter for three
years, the Under Secretary, in consultation with the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, shall--
(i) conduct an assessment, in robust consultation with the
public in a manner determined appropriate by the Under
Secretary and in consultation with the heads of other
relevant Federal departments and agencies, to identify what
enhancements, if any, should be used to improve the chip
security mechanisms implemented under subsection (a)(1)--
(I) to enhance compliance with the requirements of the
Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.);
(II) to detect the illegal diversion of covered integrated
circuit products;
(III) to identify and monitor smuggling intermediaries;
(IV) to ensure United States technology leadership;
(V) to ensure the orderly and effective implementation of
the chip security mechanism; and
(VI) to address industry feedback about the implementation
of the chip security mechanism;
(ii) if the Under Secretary identifies any such
enhancements, develop incentives for facilitating industry-
wide incorporation of such enhancements for covered
integrated circuit products; and
(iii) where necessary, to expedite the implementation of
such enhancements and identify and support research
activities, such as--
(I) updating and clarifying relevant vulnerability and
threat models;
(II) developing definitions, assets, and other practices to
support traceability and provenance of materials and data
across the product lifecycle;
(III) developing updated databases of existing trust and
assurance data practices; and
(IV) developing practices for implementing chip security
mechanisms and sharing relevant information across the
product life cycle while protecting confidential intellectual
property.
(B) Elements.--The assessment required by subparagraph (A)
shall include--
(i) an examination of the feasibility, reliability, and
effectiveness of--
(I) methods and strategies that prevent the tampering,
disabling, or other manipulating of covered integrated
circuit products; and
(II) any other method the Under Secretary determines
appropriate for the prevention of unauthorized use, access,
or exploitation of covered integrated circuit products;
(ii) an analysis of--
(I) the potential costs associated with implementing each
method examined under clause (i), including an analysis of--
(aa) the potential impact of the method on the performance
of covered integrated circuit products; and
(bb) the potential for the introduction of new
vulnerabilities into the products;
(II) the potential benefits of implementing the methods
examined under clause (i), including an analysis of the
potential increase--
(aa) in compliance of covered integrated circuit products
with the requirements of the Export Control Reform Act of
2018 (50 U.S.C. 4801 et seq.);
(bb) in detecting and deterring illegal diversion of the
covered integrated circuit products; and
(cc) in enhancing persons' global inventory management; and
(III) the susceptibility of the methods examined under
clause (i) to tampering, disabling, or other forms of
manipulation; and
(iii) an estimate of the expected costs to implement at-
scale methods to tamper with, disable, or manipulate a
covered integrated circuit product, or otherwise circumvent
the methods examined under clause (i).
(2) Report to congress.--
(A) In general.--Not later than two years after the date of
the enactment of this Act, and annually thereafter for three
years, the Under Secretary shall submit to the appropriate
congressional committees a report on the results of the
assessment required by paragraph (1), including--
(i) an identification of the chip security mechanisms, if
any, to be included in the requirements for enhanced chip
security mechanisms;
(ii) an identification of research and development
directions that could be used to improve the robustness of
chip security mechanisms and incentives to promote such
research and development directions;
(iii) if applicable, a roadmap for the timely
implementation of the enhanced chip security mechanisms; and
(iv) any recommendations for modifications to relevant
export controls to allow for more flexibility with respect to
the countries to or in which covered integrated circuit
products may be exported, reexported, or in-country
transferred if the products include enhanced chip security
mechanisms.
(B) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Implementation.--
(A) In general.--If any enhanced chip security mechanisms
identified pursuant to paragraph (1)(A) are determined by the
Under Secretary to be appropriate, the Under Secretary may,
not later than two years after the date on which the Under
Secretary completes the assessment required by paragraph (1),
require any covered integrated circuit product to incorporate
the enhanced chip security mechanisms, or for additional
mechanisms to be otherwise implemented, at the time the
product is exported, reexported, or in-country transferred to
or in a foreign country.
(B) Privacy and cybersecurity.--In assessing and developing
requirements for enhanced chip security mechanisms under this
subsection, the Under Secretary shall prioritize mitigation
of confidentiality and cybersecurity risk.
(c) Enforcement Authority.--In addition to the penalty and
enforcement authorities granted to the Under Secretary under
the Export Control Reform Act of 2018 (50 U.S.C. 4801 et
seq.) or otherwise provided by law, in carrying out this
section, the Under Secretary may--
(1) verify, in a manner the Under Secretary determines
appropriate, the ownership and location of a covered
integrated circuit product that has been exported,
reexported, or in-country transferred to or in a foreign
country;
(2) maintain a record of covered integrated circuit
products and include in the record the location and current
end-user of each such product; and
(3) require any person involved in the design, manufacture,
sale, physical security, oversight, distribution, export, or
licensed transfer of a covered integrated circuit product
being exported, re-exported, or in-country-transferred to a
foreign country to provide the information needed to maintain
the record (such as essential information relating to the
chip security mechanisms, or the end-user of covered
integrated circuit products located outside of the United
States).
[[Page S3996]]
(d) Foreign Competitiveness Assessment and Related
Authorities.--
(1) In general.--The Under Secretary shall annually assess
the competitiveness of foreign covered integrated circuit
products in relation to United States covered integrated
circuit products.
(2) Waiver.--The Under Secretary, in consultation with the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, is authorized to waive any requirements
of this subtitle if the Under Secretary, in consultation with
such Secretaries, determines that the implementation of chip
security mechanisms poses an undue burden on United States
competitiveness, is inconsistent with the national security
interests of the United States, and that exercising any and
all authorities under the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.) insufficiently addressed issues
arising from the presence of sufficient volume of foreign
covered integrated circuit products not covered by the
requirements of this subtitle.
(3) Congressional notification.--At least 30 days prior to
exercising the waiver described in paragraph (2), the Under
Secretary shall provide a written notification to the
appropriate congressional committees containing detailed
quantitative analysis demonstrating the rationale for the
waiver and that exercising any and all authorities under the
Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.)
insufficiently addressed issues arising from the presence of
sufficient volume of foreign covered integrated circuit
products not covered by the requirements of this subtitle.
(e) Enforcement.--A violation of any provision of this
subtitle, or of any regulation, order, license, or other
authorization issued pursuant to this subtitle shall be
deemed a violation of the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.).
(f) Administrative Procedures and Confidentiality of
Information.--The provisions of sections 1762 and 1761(h) of
the Export Control Reform Act of 2018 (50 U.S.C. 4821 and
4820(h)) shall apply to this subtitle in the same manner and
to the same extent as such provisions apply to the Export
Control Reform Act of 2018.
Subtitle L--FISH Act
SEC. 6091. SHORT TITLE.
This subtitle may be cited as the or the ``FISH Act of
2025''.
SEC. 6092. DEFINITIONS.
In this subtitle:
(1) Administrator.--Unless otherwise provided, the term
``Administrator'' means the Administrator of the National
Oceanic and Atmospheric Administration or the designee of the
Administrator.
(2) Beneficial owner.--The term ``beneficial owner'' means,
with respect to a vessel, a person that, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise--
(A) exercises substantial control over the vessel; or
(B) owns not less than 50 percent of the ownership
interests in the vessel.
(3) Fish.--The term ``fish'' means finfish, crustaceans,
and mollusks.
(4) Forced labor.--The term ``forced labor'' has the
meaning given that term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(5) IUU fishing.--The term ``IUU fishing'' means activities
described as illegal fishing, unreported fishing, and
unregulated fishing in paragraph 3 of the International Plan
of Action to Prevent, Deter, and Eliminate Illegal,
Unreported and Unregulated Fishing, adopted at the 24th
Session of the Committee on Fisheries in Rome on March 2,
2001.
(6) Regional fisheries management organization.--The terms
``regional fisheries management organization'' and ``RFMO''
have the meaning given the terms in section 303 of the Port
State Measures Agreement Act of 2015 (16 U.S.C. 7402).
(7) Seafood.--The term ``seafood'' means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine
mammals and birds.
(8) Secretary.--Unless otherwise provided, the term
``Secretary'' means the Secretary of Commerce acting through
the Administrator of the National Oceanic and Atmospheric
Administration or the designee of the Administrator.
SEC. 6093. STATEMENT OF POLICY.
It is the policy of the United States to partner, consult,
and coordinate with foreign governments (at the national and
subnational levels), civil society, international
organizations, international financial institutions,
subnational coastal communities, commercial and recreational
fishing industry leaders, communities that engage in
artisanal or subsistence fishing, fishers, and the private
sector, in a concerted effort--
(1) to continue the broad effort across the Federal
Government to counter IUU fishing, including any potential
links to forced labor, human trafficking, and other threats
to maritime security, as outlined in sections 3533 and 3534
of the Maritime SAFE Act (16 U.S.C. 8002 and 8003); and
(2) to, additionally--
(A) prioritize efforts to prevent IUU fishing at its
sources; and
(B) support continued implementation of the Central Arctic
Ocean Fisheries agreement, as well as joint research and
follow-on actions that ensure sustainability of fish stocks
in Arctic international waters.
SEC. 6094. ESTABLISHMENT OF AN IUU VESSEL LIST.
Section 608 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826i) is amended by striking
subsections (c) and (d) and inserting the following:
``(c) IUU Vessel List.--
``(1) In general.--The Secretary, in coordination with the
Secretary of State, the Secretary of Labor, and the heads of
other relevant agencies, shall develop, maintain, and make
public a list of foreign vessels, foreign fleets, and
beneficial owners of foreign vessels or foreign fleets
engaged in IUU fishing or fishing-related activities in
support of IUU fishing (referred to in this section as the
`IUU vessel list').
``(2) Inclusion on list.--The IUU vessel list shall include
any foreign vessel, foreign fleet, or beneficial owner of a
foreign vessel or foreign fleet for which the Secretary
determines there is clear and convincing evidence to believe
that a foreign vessel is any of the following (even if the
Secretary has only partial information regarding the vessel):
``(A) A vessel listed on an IUU vessel list of an
international fishery management organization.
``(B) A vessel knowingly taking part in fishing that
undermines the effectiveness of an international fishery
management organization's conservation and management
measures, including a vessel--
``(i) exceeding applicable international fishery management
organization catch limits; or
``(ii) that is operating inconsistent with relevant catch
allocation arrangements of the international fishery
management organization, even if operating under the
authority of a foreign country that is not a member of the
international fishery management organization.
``(C) A vessel, either on the high seas or in the exclusive
economic zone of another country, identified and reported by
United States authorities to an international fishery
management organization to be conducting IUU fishing when the
United States has reason to believe the foreign country to
which the vessel is registered or documented is not
addressing the allegation.
``(D) A vessel, fleet, or beneficial owner of a vessel or
fleet on the high seas identified by United States
authorities to be conducting IUU fishing.
``(E) A vessel that knowingly provides services (excluding
emergency or enforcement services) to a vessel that is on the
IUU vessel list, including transshipment, resupply,
refueling, or pilotage.
``(F) A vessel that is a fishing vessel engaged in
commercial fishing within the exclusive economic zone of the
United States without a permit issued under title II of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1821 et seq.).
``(G) A vessel that has the same beneficial owner as
another vessel on the IUU vessel list at the time of the
infraction.
``(3) Nominations to be put on the iuu vessel list.--The
Secretary may receive nominations for putting a vessel on the
IUU vessel list from--
``(A) the head of an executive branch agency that is a
member of the Interagency Working Group on IUU Fishing
established under section 3551 of the Maritime SAFE Act (16
U.S.C. 8031);
``(B) a country that is a member of the Combined Maritime
Forces; or
``(C) civil organizations that have data-sharing agreements
with a member of the Interagency Working Group on IUU
Fishing.
``(4) Procedures for addition.--
``(A) In general.--The Secretary may put a vessel on the
IUU vessel list only after notification to the vessel's
beneficial owner and a review of any information that the
owner provides within 90 days of the notification.
``(B) Hearing.--A beneficial owner may request a hearing on
the evidence if the owner's vessel is placed on the IUU
vessel list under subparagraph (A) and may present new
evidence to the Interagency Working Group on IUU Fishing
described in paragraph (3)(A). Such Working Group shall
review the new evidence and vote on whether the vessel shall
remain on the IUU vessel list or not.
``(5) Public information.--The Secretary shall publish its
procedures for adding vessels on, and removing vessels from,
the IUU vessel list. The Secretary shall publish the IUU
vessel list itself in the Federal Register annually and on a
website, which shall be updated any time a vessel is added to
the IUU vessel list, and include the following information
(as much as is available and confirmed) for each vessel on
the IUU vessel list:
``(A) The name of the vessel and previous names of the
vessel.
``(B) The International Maritime Organization (IMO) number
of the vessel, or other Unique Vessel Identifier (such as the
flag state permit number or authorized vessel number issued
by an international fishery management organization).
``(C) The maritime mobile service identity number and call
sign of the vessel.
``(D) The business or corporate address of each beneficial
owner of the vessel.
``(E) The country where the vessel is registered or
documented, and where it was previously registered if known.
``(F) The date of inclusion on the IUU vessel list of the
vessel.
``(G) Any other Unique Vessel Identifier (UVI), if
applicable.
[[Page S3997]]
``(H) Any other identifying information on the vessel, as
determined appropriate by the Secretary.
``(I) The basis for the Secretary's inclusion of the vessel
on the IUU vessel list under paragraph (2).
``(d) Action.--The Secretary may take the action described
in subsection (c)(2) of this section in effect on the day
before the date of enactment of the against a vessel on the
IUU vessel list, the owner of such vessel, and the operator
of such vessel.
``(e) Permanency of IUU Vessel List.--
``(1) In general.--Except as provided in paragraph (3), a
vessel, fleet, or beneficial owner of a vessel or fleet that
is put on the IUU vessel list shall remain on the IUU vessel
list.
``(2) Application by owner for potential removal.--
``(A) In general.--In consultation with the Secretary of
State and the heads of other relevant agencies, the Secretary
may remove a vessel, fleet, or beneficial owner of a vessel
or fleet from the IUU vessel list if the beneficial owner of
the vessel submits an application for removal to the
Secretary that meets the standards that the Secretary has set
out for removal. The Secretary shall make such standards
publicly available.
``(B) Consideration of relevant information.--In
considering an application for removal, the Secretary shall
consider relevant information from all sources.
``(3) Removal due to international fishery management
organization action.--The Secretary may remove a vessel from
the IUU vessel list if the vessel was put on the list because
it was a vessel listed on an IUU vessel list of an
international fishery management organization, pursuant to
subsection (c)(2)(A), and the international fishery
management organization removed the vessel from its IUU
vessel list.
``(f) Regulations and Process.--Not later than 12 months
after the date of enactment of the , the Secretary shall
issue regulations to set a process for establishing,
maintaining, implementing, and publishing the IUU vessel
list. The Administrator may add or remove a vessel, fleet, or
beneficial owner of a vessel or fleet from the IUU vessel
list on the date the vessel becomes eligible for such
addition or removal.
``(g) Definitions.--In this section:
``(1) Administrator.--Unless otherwise provided, the term
`Administrator' means the Administrator of the National
Oceanic and Atmospheric Administration or the designee of the
Administrator.
``(2) Beneficial owner.--The term `beneficial owner' means,
with respect to a vessel, a person that, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise--
``(A) exercises substantial control over the vessel; or
``(B) owns not less than 50 percent of the ownership
interests in the vessel.
``(3) Foreign vessel.--The term `foreign vessel' has the
meaning given the term in section 110 of title 46, United
States Code).
``(4) International fishery management organization.--The
term `international fishery management organization' means an
international organization established by any bilateral or
multilateral treaty, convention, or agreement for the
conservation and management of fish.
``(5) IUU fishing.--The term `IUU fishing' has the meaning
given the term `illegal, unreported, or unregulated fishing'
in the implementing regulations or any subsequent regulations
issued pursuant to section 609(e).
``(6) Seafood.--The term `seafood' means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine
mammals and birds.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to the Department of Commerce
to carry out this section $10,000,000 for each of fiscal
years 2025 through 2030.''.
SEC. 6095. VISA SANCTIONS FOR FOREIGN PERSONS.
(a) Foreign Persons Described.--A foreign person is
described in this subsection if the foreign person is the
owner or beneficial owner of a vessel on the IUU vessel list
developed under section 608(c) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826i(c)).
(b) Ineligibility for Visas, Admission, or Parole.--
(1) Visas, admission, or parole.--A foreign person
described in subsection (a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation to
enter the United States; and
(C) otherwise ineligible to be admitted or paroled into the
United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The visa or other entry documentation of a
foreign person described in subsection (a) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(B) Immediate effect.--A revocation under subparagraph (A)
shall, in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i))--
(i) take effect; and
(ii) cancel any other valid visa or entry documentation
that is in the person's possession.
(c) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a
foreign person if doing so is in the national interest of the
United States.
(d) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement activities.--This section shall not apply with
respect to activities subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.) or any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b) shall not apply with respect
to the admission of an alien to the United States if such
admission is necessary to comply with the obligations of the
United States under the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, between the United
Nations and the United States, or the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other international obligations.
(3) Exception for safety of vessels and crew.--Sanctions
under subsection (b) shall not apply with respect to a person
providing provisions to a vessel identified under section
608(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826i) if such provisions are
intended for the safety and care of the crew aboard the
vessel, or the maintenance of the vessel to avoid any
environmental or other significant damage.
(4) Exemptions.--Sanctions under subsection (b) shall not
apply with respect to a person described in subsection (a),
if such person was listed as the owner of a vessel described
in that subsection through the use of force, threats of
force, fraud, or coercion.
(e) Definitions.--In this section:
(1) Admission; admitted; alien; lawfully admitted for
permanent residence.--The terms ``admission'', ``admitted'',
``alien'', and ``lawfully admitted for permanent residence''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 6096. AGREEMENTS.
(a) Presidential Negotiation.--In negotiating any relevant
agreement with a foreign nation or nations after the date of
enactment of this Act, the President is encouraged to
consider the impacts on or to IUU fishing and fishing that
involves the use of forced labor and strive to ensure that
the agreement strengthens efforts to combat IUU fishing and
fishing that involves the use of forced labor as long as such
considerations do not come at the expense of higher priority
national interests of the United States.
(b) Federal Government Encouragement.--The Federal
Government should encourage other nations to ratify treaties
and agreements that address IUU fishing to which the United
States is a party, including the High Seas Fishing Compliance
Agreement and the Port State Measures Agreement, and pursue
bilateral and multilateral initiatives to raise international
ambition to combat IUU fishing, including in the G7 and G20,
the United Nations, the International Labor Organization
(ILO), and the International Maritime Organization (IMO), and
through voluntary multilateral efforts, as long as clear
burden sharing arrangements with partner nations are
determined. The bilateral and multilateral initiatives should
address underlying drivers of IUU fishing and fishing that
involves the use of forced labor.
(c) Transparency for Non-binding Instruments Concluded
Under This Section.--Any memorandum of understanding or other
non-binding instrument to further the objectives of this
section shall be considered a qualifying non-binding
instrument for purposes of section 112b of title 1, United
States Code.
SEC. 6097. ENFORCEMENT PROVISIONS.
(a) Increase Boarding of Vessels Suspected of IUU
Fishing.--The Commandant of the Coast Guard shall strive to
increase, from year to year, its observation of vessels on
the high seas that are suspected of IUU fishing and related
harmful practices, and is encouraged to consider boarding
these vessels to the greatest extent practicable.
(b) Follow up.--The Administrator shall, in consultation
with the Commandant of the Coast Guard and the Secretary of
State, coordinate regularly with regional fisheries
management organizations to determine what corrective
measures each country has taken after vessels that are
registered or documented by the country have been boarded for
suspected IUU fishing.
(c) Report.--Not later than 3 years after the date of
enactment of this Act and in accordance with information
management rules of the relevant regional fisheries
management organizations, the Commandant of the Coast Guard
shall submit a report to Congress on--
(1) the total number of bilateral agreements utilized or
enacted during Coast
[[Page S3998]]
Guard counter-IUU patrols and future patrol plans for
operations with partner nations where bilateral agreements
are required to effectively execute the counter-IUU mission
and any changes to IUU provisions in bilateral agreements;
(2) incidents of IUU fishing observed while conducting High
Seas Boarding and Inspections (HSBI), how the conduct is
tracked after referral to the respective country where the
vessel is registered or documented, and what actions are
taken to document or otherwise act on the enforcement, or
lack thereof, taken by the country;
(3) the country where the vessel is registered or
documented, the country where the vessel was previously
registered and documented if known, and status of a vessel
interdicted or observed to be engaged in IUU fishing on the
high seas by the Coast Guard;
(4) incident details on vessels observed to be engaged in
IUU fishing on the high seas, boarding refusals, and what
action was taken; and
(5) any other potential enforcement actions that could
decrease IUU fishing on the high seas.
SEC. 6098. IMPROVED MANAGEMENT AT THE REGIONAL FISHERIES
MANAGEMENT ORGANIZATIONS.
(a) Interagency Working Group on IUU Fishing.--Section
3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is
amended--
(1) in paragraph (13), by striking ``and'' after the
semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) developing a strategy for leveraging enforcement
capacity against IUU fishing, particularly focusing on
nations identified under section 609(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a)); and
``(16) developing a strategy for leveraging enforcement
capacity against associated abuses, such as fishing that
involves the use of forced labor and other illegal labor
practices, and increasing relevant enforcement, using as
resources--
``(A) the List of Goods Produced by Child Labor or Forced
Labor produced pursuant to section 105 of the Trafficking
Victims Protection Reauthorization Act of 2005 (22 U.S.C.
7112);
``(B) the Trafficking in Persons Report required under
section 110 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107);
``(C) United States Customs and Border Protection's Forced
Labor Division and enforcement activities and regulations
authorized under section 307 of the Tariff Act of 1930 (19
U.S.C. 1307); and
``(D) reports submitted under the Uyghur Human Rights
Policy Act of 2020 (Public Law 116-145).''.
(b) Secretary of State Identification.--The Secretary of
State, in coordination with the Commandant of the Coast Guard
and the Administrator, shall--
(1) identify regional fisheries management organizations
that the United States is party to that do not have a high
seas boarding and inspection program; and
(2) identify obstacles, needed authorities, or existing
efforts to increase implementation of these programs, and
take action as appropriate.
SEC. 6099. STRATEGIES TO OPTIMIZE DATA COLLECTION, SHARING,
AND ANALYSIS.
Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is
amended by adding at the end:
``(c) Strategies to Optimize Data Collection, Sharing, and
Analysis.--Not later than 3 years after the date of enactment
of the , the Working Group shall identify information and
resources to prevent fish and fish products from IUU fishing
and fishing that involves the use of forced labor from
negatively affecting United States commerce without
increasing burdens on seafood not produced from IUU fishing.
The report shall include the following:
``(1) Identification of relevant data streams collected by
Working Group members.
``(2) Identification of legal, jurisdictional, or other
barriers to the sharing of such data.
``(3) In consultation with the Secretary of Defense,
recommendations for joint enforcement protocols,
collaboration, and information sharing between Federal
agencies and States.
``(4) Recommendations for sharing and developing forensic
resources between Federal agencies and States.
``(5) Recommendations for enhancing capacity to conduct
more effective field investigations and enforcement efforts
with U.S. state enforcement officials.
``(6) Recommendations for improving data collection and
automated risk-targeting of seafood.
``(7) Recommendations for the dissemination of IUU fishing
and fishing that involves the use of forced labor analysis
and information to those governmental and non-governmental
entities that could use it for action and awareness, with the
aim to establish an IUU fishing information sharing center.
``(8) Recommendations for an implementation strategy,
including measures for ensuring that seafood not linked to
IUU fishing and fishing that involves the use of forced labor
is not affected.
``(9) An analysis of the IUU fishing policies and
regulatory regimes of other countries in order to develop
policy and regulatory alternatives for United States
consideration.''.
SEC. 6099A. INVESTMENT AND TECHNICAL ASSISTANCE IN THE
FISHERIES SECTOR.
(a) In General.--The Secretary of State and the Secretary
of Commerce, in consultation with the heads of relevant
agencies, are encouraged to increase support to programs that
provide technical assistance, institutional capacity, and
investment to nations' fisheries sectors for sustainable
fisheries management and combating IUU fishing and fishing
involving the use of forced labor. The focus of such support
is encouraged to be on priority regions and priority flag
states identified under section 3552(b) of the Maritime SAFE
Act (16 U.S.C. 8032(b)).
(b) Analysis of US Capacity-building Expertise and
Resources.--In order to maximize efforts on preventing IUU
fishing at its sources, the Interagency Working Group on IUU
Fishing established under section 3551 of the Maritime SAFE
Act (16 U.S.C. 8031) shall analyze United States capacity-
building expertise and resources to provide support to
nations' fisheries sectors. This analysis may include an
assessment of potential avenues for in-country public-private
collaboration and multilateral collaboration on developing
local fisheries science, fisheries management, maritime
enforcement, and maritime judicial capabilities.
SEC. 6099B. STRATEGY TO IDENTIFY SEAFOOD AND SEAFOOD PRODUCTS
FROM FOREIGN VESSELS USING FORCED LABOR.
The Secretary, in coordination with the heads of other
relevant agencies, shall--
(1) develop a strategy for utilizing relevant United States
Government data to identify seafood harvested on foreign
vessels using forced labor; and
(2) publish information regarding the strategy developed
under paragraph (1) on a publicly accessible website.
SEC. 6099C. REPORTS.
(a) Impact of New Technology.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland
Security, with support from the Administrator and the Working
Group established under section 3551 of the Maritime SAFE Act
(16 U.S.C. 8031), shall conduct a study to assess the impact
of new technology (such as remote observing, the use of
drones, development of risk assessment tools and data-sharing
software, immediate containerization of fish on fishing
vessels, satellite Wi-Fi technology on fishing vessels, and
other technology-enhanced new fishing practices) on IUU
fishing and associated crimes (such as trafficking and
fishing involving the use of forced labor) and propose ways
to integrate these technologies into global fisheries
enforcement and management.
(b) Russian and Chinese Fishing Industries' Influence on
Each Other and on the United States Seafood and Fishing
Industry.--Not later than 2 years after the date of enactment
of this Act, the Secretary of State, with support from the
Secretary of Commerce, shall--
(1) conduct a study on the collaboration between the
Russian and Chinese fishing industries and on the role of
seafood reprocessing in China (including that of raw
materials originating in Russia) in global seafood markets
and its impact on United States interests; and
(2) complete a report on the study that includes classified
and unclassified portions, as the Secretary of State
determines necessary.
(c) Fishermen Conducting Unlawful Fishing in the Exclusive
Economic Zone.--Section 3551 of the Maritime SAFE Act (16
U.S.C. 8031) is amended by adding at the end the following:
``(d) The Impacts of IUU Fishing and Fishing Involving the
Use of Forced Labor.--
``(1) In general.--The Administrator, in consultation with
relevant members of the Working Group, shall seek to enter
into an arrangement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies
will undertake a multifaceted study that includes the
following:
``(A) An analysis that quantifies the occurrence and extent
of IUU fishing and fishing involving the use of forced labor
among all flag states.
``(B) An evaluation of the costs to the United States
economy of IUU fishing and fishing involving the use of
forced labor.
``(C) An assessment of the costs to the global economy of
IUU fishing and fishing involving the use of forced labor.
``(D) An assessment of the effectiveness of response
strategies to counter IUU fishing, including both domestic
programs and foreign capacity-building and partnering
programs.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection
$2,000,000.''.
(d) Report.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the study conducted under subsection (d)
of section 3551 of the Maritime SAFE Act that includes--
(1) the findings of the National Academies; and
(2) recommendations on knowledge gaps that warrant further
scientific inquiry.
SEC. 6099D. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA
GRANT COLLEGE PROGRAM.
Section 212(a) of the National Sea Grant College Program
Act (33 U.S.C. 1131(a)) is amended--
(1) in paragraph (1), by striking ``for fiscal year 2025''
and inserting ``for each of fiscal years 2025 through 2031'';
and
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``for fiscal
years 2021 through 2025''; and
[[Page S3999]]
(B) in the matter preceding subparagraph (A), by striking
``fiscal years 2021 through 2025'' and inserting ``fiscal
years 2026 through 2031''.
SEC. 6099E. EXCEPTION RELATED TO THE IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements provided
in this subtitle, and the amendments made by this subtitle,
shall not include any authority or requirement to impose
sanctions on the importation of goods or related to sanctions
on the importation of goods.
(b) Good Defined.--In this section, the term ``good''--
(1) means any article, natural or man-made substance,
material, supply or manufactured product, including
inspection and test equipment; and
(2) excludes technical data.
SEC. 6099F. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to limit the
authority under, or otherwise affect, a provision of law
that--
(1) is in effect on the date of enactment of this Act; and
(2) is not amended by this subtitle.
Subtitle N--Access to Fair Financing for Opportunity and Resilient
Development
SEC. 6099H. SHORT TITLE.
This subtitle may be cited as the ``Access to Fair
Financing for Opportunity and Resilient Development Act''.
SEC. 6099I. REQUIREMENT TO TESTIFY.
Section 104(b) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4703(b)) is
amended by adding to the end the following:
``(5) Annual testimony.--The Secretary of the Treasury (or
a designee of the Secretary) shall, at the discretion of the
chairman of the Committee on Banking, Housing, and Urban
Affairs of the Senate and chairman of the Committee on
Financial Services of the House of Representatives, annually
testify before such committees (or a subcommittee of such
committees) regarding the operations of the Fund during the
previous fiscal year.''.
SEC. 6099J. CDFI BOND GUARANTEE PROGRAM IMPROVEMENT.
(a) Sense of Congress.--It is the sense of Congress that
the authority to guarantee bonds under section 114A of the
Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4713a) (commonly referred to as the ``CDFI
Bond Guarantee Program'') provides community development
financial institutions with a sustainable source of long-term
capital and furthers the mission of the Community Development
Financial Institutions Fund (established under section 104(a)
of such Act (12 U.S.C. 4703(a))) to increase economic
opportunity and promote community development investments for
underserved populations and distressed communities in the
United States.
(b) Guarantees for Bonds and Notes Issued for Community or
Economic Development Purposes.--
(1) In general.--Section 114A of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4713a) is amended--
(A) in subsection (c)(2)--
(i) by inserting ``outstanding'' before ``principal
amount''; and
(ii) by striking ``multiplied by an amount equal to the
outstanding principal balance of issued notes or bonds,'';
(B) by amending subsection (e)(2) to read as follows:
``(2) Limitation on guarantee amount.--The Secretary may
not guarantee any amount under the program equal to less than
$25,000,000, but the total of all such guarantees in any
fiscal year may not exceed $1,000,000,000.''; and
(C) in subsection (k), by striking ``September 30, 2014''
and inserting .
(2) Clerical amendment.--The table of contents in section
1(b) of the Riegle Community Development and Regulatory
Improvement Act of 1994 (Public Law 103-325; 108 Stat. 2160)
is amended by inserting after the item relating to section
114 the following:
``Sec. 114A. Guarantees for bonds and notes issued for community or
economic development purposes.''.
(c) Report on the CDFI Bond Guarantee Program.--Not later
than 3 years after the date of enactment of this Act, the
Secretary of the Treasury shall issue a report to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives on the effectiveness of the CDFI bond
guarantee program established under section 114A of the
Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4713a).
SEC. 6099K. CAPITALIZATION ASSISTANCE TO ENHANCE LIQUIDITY.
(a) In General.--Section 113 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4712) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Assistance.--
``(1) In general.--The Fund may provide funds to
organizations for the purpose of--
``(A) purchasing loans that are originated by community
development financial institutions, loan participations, or
interests therein from community development financial
institutions;
``(B) providing guarantees, loan loss reserves, or other
forms of credit enhancement to promote liquidity for
community development financial institutions; and
``(C) otherwise enhancing the liquidity of community
development financial institutions.
``(2) Construction of federal government funds.--For
purposes of this subsection, notwithstanding section
105(a)(9) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(9)), funds provided pursuant to such
Act shall be considered to be Federal Government funds.'';
(2) by striking subsection (b) and inserting the following:
``(b) Selection.--
``(1) In general.--The selection of organizations to
receive assistance and the amount of assistance to be
provided to any organization under this section shall be at
the discretion of the Fund and in accordance with criteria
established by the Fund.
``(2) Eligibility.--Organizations eligible to receive
assistance under this section--
``(A) shall have a primary purpose of promoting community
development; and
``(B) are not required to be community development
financial institutions.
``(3) Prioritization.--For the purpose of making an award
of funds under this section, the Fund shall prioritize the
selection of organizations that--
``(A) demonstrate relevant experience or an ability to
carry out the activities under this section, including
experience leading or participating in loan purchase
structures or purchasing or participating in the purchase of,
assigning, or otherwise transferring, assets from community
development financial institutions;
``(B) demonstrate the capacity to increase the number or
dollar volume of loan originations or expand the products or
services of community development financial institutions,
including by leveraging the award with private capital; and
``(C) will use the funds to support community development
financial institutions that represent broad geographic
coverage or that serve borrowers that have experienced
significant unmet capital or financial services needs.'';
(3) in subsection (c), in the first sentence--
(A) by striking ``$5,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``during any 3-year period''; and
(4) by adding at the end the following:
``(g) Regulations.--The Secretary may promulgate such
regulations as may be necessary or appropriate to carry out
the authorities or purposes of this section.''.
(b) Emergency Capital Investment Funds.--Section 104A of
the Community Development Banking and Financial Institutions
Act of 1994 (12 U.S.C. 4703a) is amended by striking
subsection (l) and inserting the following:
``(l) Deposit of Funds.--All funds received by the
Secretary in connection with purchases made pursuant this
section, including interest payments, dividend payments, and
proceeds from the sale of any financial instrument, shall be
deposited into the Fund and used--
``(1) to provide financial assistance to organizations
pursuant to section 113; and
``(2) to provide financial and technical assistance
pursuant to section 108, except that subsection (e) of that
section shall be waived.''.
(c) Annual Reports.--
(1) Definitions.--In this subsection, the terms ``community
development financial institution'' and ``Fund'' have the
meanings given the terms in section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702).
(2) Requirements.--Not later than 1 year after the date on
which assistance is first provided under section 113 of the
Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4712) pursuant to the amendments made by
subsection (a) of this section, and annually thereafter, the
Secretary of the Treasury shall submit to Congress a written
report describing the use of the Fund for the 1-year period
preceding the submission of the report for the purposes
described in subsection (a)(1) of such section 113, as
amended by subsection (a) of this section, which shall
include, with respect to the period covered by the report--
(A) the total amount of--
(i) loans, loan participations, and interests therein
purchased from community development financial institutions;
(ii) loans that support affordable housing construction;
and
(iii) guarantees, loan loss reserves, and other forms of
credit enhancement provided to community development
financial institutions;
(B) the effect of the purchases and guarantees made by the
Fund on the overall competitiveness of community development
financial institutions; and
(C) the impact of the purchases and guarantees made by the
Fund on the liquidity of community development financial
institutions.
SEC. 6099L. NATIVE CDFI RELENDING PROGRAM.
Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is
amended by adding at the end the following:
``(j) Set Aside for Native Community Development Financial
Institutions.--
``(1) Definitions.--In this subsection--
``(A) the term `Alaska Native' has the meaning given the
term `Native' in section 3(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(b));
[[Page S4000]]
``(B) the term `appropriate congressional committees'
means--
``(i) the Committee on Agriculture of the Senate;
``(ii) the Committee on Indian Affairs of the Senate;
``(iii) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
``(iv) the Committee on Agriculture of the House of
Representatives;
``(v) the Committee on Natural Resources of the House of
Representatives; and
``(vi) the Committee on Financial Services of the House of
Representatives;
``(C) the term `community development financial
institution' has the meaning given the term in section 103 of
the Community Development Banking and Financial Institutions
Act of 1994 (12 U.S.C. 4702);
``(D) the term `Indian Tribe' has the meaning given the
term `Indian tribe' in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103);
``(E) the term `Native community development financial
institution' means an entity--
``(i) that has been certified as a community development
financial institution by the Secretary of the Treasury;
``(ii) that is not less than 51 percent owned or controlled
by members of Indian Tribes, Alaska Native communities, or
Native Hawaiian communities; and
``(iii) for which not less than 51 percent of the
activities of the entity serve Indian Tribes, Alaska Native
communities, or Native Hawaiian communities;
``(F) the term `Native Hawaiian' has the meaning given the
term in section 801 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4221); and
``(G) the term `priority Tribal land' means--
``(i) any land located within the boundaries of--
``(I) an Indian reservation, pueblo, or rancheria; or
``(II) a former reservation within Oklahoma;
``(ii) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held--
``(I) in trust by the United States for the benefit of an
Indian Tribe or an individual Indian;
``(II) by an Indian Tribe or an individual Indian, subject
to restriction against alienation under laws of the United
States; or
``(III) by a dependent Indian community;
``(iii) any land located within a region established
pursuant to section 7(a) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(a));
``(iv) Hawaiian Home Lands, as defined in section 801 of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4221); or
``(v) those areas or communities designated by the
Assistant Secretary of Indian Affairs of the Department of
the Interior that are near, adjacent, or contiguous to
reservations where financial assistance and social service
programs are provided to Indians because of their status as
Indians.
``(2) Purpose.--The purpose of this subsection is to--
``(A) increase homeownership opportunities for Indian
Tribes, Alaska Native Communities, and Native Hawaiian
communities in rural areas; and
``(B) provide capital to Native community development
financial institutions to increase the number of mortgage
transactions carried out by those institutions.
``(3) Set aside for native cdfis.--Of amounts appropriated
to make direct loans under this section for each fiscal year,
the Secretary may use not more than $50,000,000 to make
direct loans to Native community development financial
institutions in accordance with this subsection.
``(4) Application requirements.--A Native community
development financial institution desiring a loan under this
subsection shall demonstrate that the institution--
``(A) can provide the non-Federal cost share required under
paragraph (6); and
``(B) is able to originate and service loans for single
family homes.
``(5) Lending requirements.--A Native community development
financial institution that receives a loan pursuant to this
subsection shall--
``(A) use those amounts to make loans to borrowers--
``(i) who otherwise meet the requirements for a loan under
this section; and
``(ii) who--
``(I) are members of an Indian Tribe, an Alaska Native
community, or a Native Hawaiian community; or
``(II) maintain a household in which not less than 1 member
is a member of an Indian Tribe, an Alaska Native community,
or a Native Hawaiian community; and
``(B) in making loans under subparagraph (A), give priority
to borrowers described in that subparagraph who are residing
on priority Tribal land.
``(6) Non-federal cost share.--
``(A) In general.--A Native community development financial
institution that receives a loan under this section shall be
required to match not less than 20 percent of the amount
received.
``(B) Waiver.--In the case of a loan for which amounts are
used to make loans to borrowers described in paragraph
(5)(B), the Secretary shall waive the non-Federal cost share
requirement described in subparagraph (A) with respect to
those loan amounts.
``(7) Reporting.--
``(A) Annual report by native cdfis.--Each Native community
development financial institution that receives a loan
pursuant to this subsection shall submit an annual report to
the Secretary on the lending activities of the institution
using the loan amounts, which shall include--
``(i) a description of the outreach efforts of the
institution in local communities to identify eligible
borrowers;
``(ii) a description of how the institution leveraged
additional capital to reach prospective borrowers;
``(iii) the number of loan applications received, approved,
and deployed;
``(iv) the average loan amount;
``(v) the number of finalized loans that were made on
Tribal trust lands and not on Tribal trust lands; and
``(vi) the number of finalized loans that were made on
priority Tribal land and not priority Tribal land.
``(B) Annual report to congress.--Not later than 1 year
after the date of enactment of this subsection, and every
year thereafter, the Secretary shall submit to the
appropriate congressional communities a report that
includes--
``(i) a list of loans made to Native community development
financial institutions pursuant to this subsection, including
the name of the institution and the loan amount;
``(ii) the percentage of loans made under this section to
members of Indian Tribes, Alaska Native communities, and
Native Hawaiian communities, respectively, including a
breakdown of loans made to households residing on and not on
Tribal trust lands; and
``(iii) the average loan amount made by Native community
development financial institutions pursuant to this
subsection.
``(C) Evaluation of program.--Not later than 3 years after
the date of enactment of this subsection, the Secretary and
the Secretary of the Treasury shall conduct an evaluation of
and submit to the appropriate congressional committees a
report on the program under this subsection, which shall--
``(i) evaluate the effectiveness of the program, including
an evaluation of the demand for loans under the program; and
``(ii) include recommendations relating to the program,
including whether--
``(I) the program should be expanded to such that all
community development financial institutions may make loans
under the program to the borrowers described in paragraph
(5); and
``(II) the set aside amount paragraph (3) should be
modified in order to match demand under the program.
``(8) Grants for operational support.--
``(A) In general.--The Secretary shall make grants to
Native community development financial institutions that
receive a loan under this section to provide operational
support and other related services to those institutions,
subject to--
``(i) the satisfactory performance, as determined by the
Secretary, of a Native community development financial
institution in carrying out this section; and
``(ii) the availability of funding.
``(B) Amount.--A Native community development financial
institution that receives a loan under this section shall be
eligible to receive a grant described in subparagraph (A) in
an amount equal to 20 percent of the direct loan amount
received by the Native community development financial
institution under the program under this section as of the
date on which the direct loan is awarded.
``(9) Outreach and technical assistance.--There is
authorized to be appropriated to the Secretary $1,000,000 for
each of fiscal years 2025, 2026, and 2027--
``(A) to provide technical assistance to Native community
development financial institutions--
``(i) relating to homeownership and other housing-related
assistance provided by the Secretary; and
``(ii) to assist those institutions to perform outreach to
eligible homebuyers relating to the loan program under this
section; or
``(B) to provide funding to a national organization
representing Native American housing interests to perform
outreach and provide technical assistance as described in
clauses (i) and (ii), respectively, of subparagraph (A).
``(10) Administrative costs.--In addition to other
available funds, the Secretary may use not more than 3
percent of the amounts made available to carry out this
subsection for administration of the programs established
under this subsection.''.
TITLE LXI--CIVILIAN PERSONNEL MATTERS
SEC. 6101. SPECIAL RULES FOR CERTAIN CIVILIAN EMPLOYEES OF
THE DEPARTMENT OF DEFENSE RECEIVING
COMPENSATION FOR ANOMALOUS HEALTH INCIDENTS.
(a) Covered Employee Defined.--In this section, the term
``covered employee'' means any current or former civilian
officer or employee of the Department of Defense who has been
determined eligible for, and has received, a lump-sum payment
under the implementation by the Department of Defense of
section 901(i) of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)).
(b) Adjustment of Compensation.--
[[Page S4001]]
(1) In general.--The Secretary of Defense may increase the
amount of monthly compensation paid to a covered employee
under section 8105 of title 5, United States Code.
(2) Amount.--In lieu of the percentage specified in section
8105(a) of title 5, United States Code, the amount of
compensation described in paragraph (1) shall be the amount
necessary to ensure that the total monthly compensation
payable to the covered employee equals 75 percent of the
maximum rate of basic pay plus the applicable locality-based
comparability payment under section 5304 of such title for
GS-15, step 10, determined by reference to the Washington,
District of Columbia locality pay area, as determined under
section 5332 of such title.
(3) Administration.--The Secretary shall ensure that an
increase in compensation described in paragraph (1) is
applied without the need for additional application or
adjudication by the covered employee.
(c) Guidelines.--
(1) In general.--If the Secretary decides to exercise the
authority provided by subsection (b), the Secretary shall
issue guidelines to increase compensation as described in
such subsection not later than 180 days after the date of the
enactment of this Act.
(2) Coordination.--The Secretary shall develop the
guidelines described in paragraph (1) in coordination with
the cross-functional team established under section 910 of
the National Defense Authorization Act for Fiscal Year 2022
(10 U.S.C. 111 note; Public Law 117-81).
(d) Rules of Construction.--
(1) Other individuals.--Nothing in this section shall be
construed to alter the application of section 8105 of title
5, United States Code, with respect to any individual other
than a covered employee.
(2) Duration.--Nothing in this section shall be construed
to require payment of compensation under this section after
the period during which the disability of the covered
employee relating to a qualifying injury of the brain is
total under section 8105 of title 5, United States Code.
(3) Medical care.--Nothing in this section shall be
construed to expand, limit, or otherwise affect the scope of
medical care, treatment, or related services provided under
any other provision of law, including the HAVANA Act of 2021
(Public Law 117-46) and the amendments made by that Act.
(e) Sunset.--This section shall cease to be effective on
the date that is one year after the date of the enactment of
this Act.
SEC. 6102. EXTENSION OF OVERTIME PAY FOR DEPARTMENT OF THE
NAVY EMPLOYEES PERFORMING WORK OUTSIDE THE
UNITED STATES FOR NAVAL VESSELS.
Section 5542(a)(6)(B) of title 5, United States Code, is
amended by striking ``September 30, 2026'' and inserting
``September 30, 2028''.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 6201. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) In General.--Section 12001(d) of the Department of
Defense Appropriations Act, 2005 (Public Law 108-287; 118
Stat. 1011) is amended by striking ``after January 1, 2027''
and inserting ``after January 1, 2028''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the
Committee on Foreign Relations and the Committee on Armed
Services of the Senate and the Committee on Foreign Affairs
and the Committee on Armed Services of the House of
Representatives a report identifying all transfers made
pursuant to section 12001(a)(1) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
prior to the date of the enactment of this Act, including the
date of each transfer, a description of the defense articles
transferred, and the payment amount or concessions received
in exchange for each transfer.
SEC. 6202. IMPROVING THE BRAZILIAN AMAZON.
(a) Short Title.--This section may be cited as the
``Strengthening the Rule of Law in the Brazilian Amazon
Act''.
(b) Definitions.--In this section:
(1) Crimes.--The term ``crimes'' means--
(A) any crime related or contributing to the illegal
fishing and wildlife trade, illicit mining, or illegal
logging and land-clearing in the Brazilian Amazon; and
(B) associated corruption, financial crimes, and violent
crimes.
(2) Environmental degradation.--The term ``environmental
degradation'' means physical damage to land, water, or
wildlife resources that results from crimes described in
paragraph (1).
(3) International financial institutions.--The term
``international financial institutions'' means--
(A) the World Bank Group;
(B) the Inter-American Development Bank Group; and
(C) the International Monetary Fund.
(4) Relevant federal agencies.--The term ``relevant Federal
agencies'' means--
(A) the Department of State; and
(B) other Federal departments and agencies the President
has designated as having significant domestic or foreign
affairs equities in identifying investment opportunities in
the Brazilian Amazon and combating criminal elements in the
Brazilian Amazon.
(c) Identifying Investment Opportunities in the Brazilian
Amazon.--
(1) Business development.--The Chief Executive Officer of
the United States International Development Finance
Corporation should consider placing a staff member in Brazil
with duties that include--
(A) identifying and implementing more viable economic
opportunities in the Brazilian Amazon; and
(B) identifying possible investment risks and mitigation
measures related to operations and actors that contribute to
criminal activity in the Brazilian Amazon.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Chief Executive Officer of the
United States International Development Finance Corporation
shall submit a report to Congress that describes--
(A) the opportunities identified pursuant to paragraph
(1)(A); and
(B) the most significant barriers to greater investment in
sustainable and viable economic opportunities in the
Brazilian Amazon.
(d) Combating Criminal Elements Operating in the Brazilian
Amazon.--
(1) In general.--The Secretary of State may direct the
Assistant Secretary of State for International Narcotics and
Law Enforcement Affairs, in coordination with relevant
Federal agencies and the United States mission in Brazil, to
support Brazil's efforts to identify and disrupt the complex
and transnational criminal networks contributing to the
destruction of communities and deforestation in the Brazilian
Amazon by providing capacity building and technical
assistance, including--
(A) information sharing, training, and capacity-building
for Brazilian agencies, including through United States
Government agencies;
(B) collaborating on tracing funds generated from crimes;
(C) supporting investigations of crimes that are associated
with deforestation, environmental degradation, money
laundering, asset laundering, or corruption offenses;
(D) assisting with the identification of the proceeds of
such crimes to help facilitate asset recovery; and
(E) providing appropriate United States assistance to
funding mechanisms consistent with the goals of this section.
(2) Community assistance.--The Secretary of State, in
consultation with relevant Federal agencies, should provide
financial and technical assistance to help prevent crimes by
promoting--
(A) lawful livelihoods in the Brazilian Amazon;
(B) the economic, social, and political advancement of
local communities, including internationally recognized human
rights in Afro-descendent and indigenous communities;
(C) economic activities and natural resource management,
including mining, agriculture, and forest-based activities;
and
(D) the management of protected areas, including indigenous
territories, buffer zones, water resources, terrestrial and
aquatic habitats of species deemed to be threatened by
extinction, and other spaces vulnerable to conversion and
deforestation.
(3) Annual report.--Not later than 180 days after the date
of the enactment of this Act and annually thereafter for the
following 5 years, the Secretary of State, in coordination
with relevant Federal agencies and nongovernmental
organizations, shall submit a report to Congress that
describes the progress made in carrying out paragraphs (1)
and (2).
(e) Report on Certain Drivers of Deforestation and
Environmental Degradation in the Brazilian Amazon.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of State, in coordination with relevant Federal
agencies, shall submit a report to Congress regarding certain
drivers of deforestation and environmental degradation in the
Brazilian Amazon that includes--
(1) a description of the agricultural commodities, illegal
timber, minerals, and wildlife entering the United States
market that are contributing to deforestation and
environmental degradation of the Brazilian Amazon;
(2) a description of the role of the People's Republic of
China's in facilitating illicit resource extraction and
environmental degradation, including deforestation, in the
Brazilian Amazon;
(3) the funding levels and efficacy of United States
foreign assistance programs in identifying and disrupting the
criminal elements operating in the Brazilian Amazon; and
(4) an assessment of the Government of Brazil's
contributions to countering criminal elements operating in
the Brazilian Amazon.
(f) International Cooperation.--The Secretary of the
Treasury should direct the United States executive director
to each international financial institution, in consultation
with relevant Federal agencies, to use the voice, vote, and
influence of the United States--
(1) to prioritize promoting broad-based development in the
Brazilian Amazon; and
(2) to oppose any loans or programs at any such institution
that would facilitate or exacerbate deforestation and
environmental degradation in the Brazilian Amazon.
[[Page S4002]]
Subtitle B--Matters Relating to the Middle East
SEC. 6211. STATEMENT OF POLICY ON EXTENSION OF SUNSET OF IRAN
SANCTIONS ACT OF 1996.
(a) Findings.--Congress makes the following findings:
(1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note) requires the imposition of sanctions with
respect to Iran's illicit weapons programs, conventional
weapons and ballistic missile development, and support for
terrorism, including Iran's Revolutionary Guards Corps.
(2) The Government of Iran has acquired destabilizing
conventional weapons systems from the Russian Federation and
other malign actors, and is funneling weapons and financial
support to its terrorist proxies throughout the Middle East,
threatening allies and partners of the United States, such as
Israel.
(b) Statement of Policy.--It is the policy of the United
States to extend the sunset provision in the Iran Sanctions
Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) to
December 31, 2028.
Subtitle C--Matters Relating to Europe and the Russian Federation
SEC. 6221. MODIFICATION OF REQUIREMENTS FOR TRANSFERS OF
UNITED STATES DEFENSE ARTICLES AND DEFENSE
SERVICES AMONG BALTIC STATES.
(a) Exemptions From Requirement for Consent To Transfer.--
(1) Retransfers among baltic states.--
(A) In general.--Notwithstanding the requirements of
section 3(a)(2) of the Arms Export Control Act (22 U.S.C.
2753(a)(2)) and section 505(a)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2314(a)(1)), retransfers of defense
articles related to United States-origin mobile rocket
artillery systems among Estonia, Lithuania, and Latvia shall
not require prior Presidential consent.
(B) Expiration.--The authority provided in subparagraph (A)
shall cease to have effect on the date that is 10 years after
the date of the enactment of this Act.
(2) Agreements.--
(A) Consent to transfer not required.--An agreement between
the United States and a Baltic state under section 3 of the
Arms Export Control Act (22 U.S.C. 2753) with respect to
defense articles or defense services related to mobile rocket
artillery systems provided by the United States shall not
require the Baltic state to seek approval from the United
States to transfer the defense article or defense service to
any other Baltic state.
(B) Modification.--With respect to any agreement under
section 3(a)(2) of the Arms Export Control Act (22 U.S.C.
2753(a)(2)) in effect as of the date of the enactment of this
Act that requires the consent of the President before a
Baltic state may transfer a defense article or defense
service related to mobile rocket artillery systems provided
by the United States, at the request of any Baltic state, the
United States shall modify such agreement so as to remove
such requirement with respect to such a transfer to any other
Baltic state.
(b) Common Coalition Key.--The Secretary of Defense shall
establish among the Baltic states a common coalition key or
other technological solution within the Baltic states for the
purpose of sharing ammunition for High Mobility Artillery
Rocket Systems (HIMARS) among the Baltic states for training
and operational purposes.
(c) Definitions.--In this section:
(1) Baltic state.--The term ``Baltic state'' means the
following:
(A) Estonia.
(B) Lithuania.
(C) Latvia.
(2) Defense article; defense service.--The terms ``defense
article'' and ``defense service'' have the meanings given
such terms in section 47 of the Arms Export Control Act (22
U.S.C. 2794).
SEC. 6222. PRE-APPROVAL FOR PURCHASE AND THIRD PARTY TRANSFER
OF CERTAIN DEFENSE ARTICLES FOR UKRAINE.
(a) Statement of Policy.--As long as the Russian Federation
continues to execute its brutal invasion of Ukraine, it is
the policy of the United States--
(1) to welcome long-term investment from allies and
partners in the United States defense industrial base; and
(2) to facilitate increased contributions from allies and
partners to the defense of Ukraine.
(b) Pre-approval for Purchase and Third Party Transfer of
Certain Defense Articles for Ukraine.--Section 3 of the Arms
Export Control Act (22 U.S.C. 2753) is amended by adding at
the end the following:
``(h) Purchase and Third Party Transfer: Ukraine.--
``(1) In general.--The transfer of defense articles sold by
the United States under this Act shall be approved, and
subsections (a), (b), and (d) shall not apply to such a
transfer, if--
``(A) the purchaser of the defense articles to be
transferred is the government of a member country of the
North Atlantic Treaty Organization, the Government of
Australia, the Government of Japan, the Government of the
Republic of Korea, the Government of Israel, or the
Government of New Zealand;
``(B) the recipient of the defense articles to be
transferred is the Government of Ukraine;
``(C) the defense articles are 155mm artillery shells,
155mm Excalibur extended range artillery shells, High
Mobility Artillery Rocket System (HIMARS) munitions, or
Guided Multiple Launch Rocket System (GMLRS) munitions;
``(D) the Government of Ukraine has provided a commitment
in writing to the United States Government, including to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
that it will not transfer such defense articles, if not
demilitarized, to any other foreign country or person without
first obtaining the consent of the President; and
``(E) the Government of Ukraine accepts title and physical
custody of the transferred defense articles before December
31, 2030.
``(2) Notice to congress.--Before a transfer of defense
articles to the Government of Ukraine approved under
paragraph (1) is made, the President shall promptly notify
the Speaker of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate of the intended
transfer.
``(3) Annual extension.--Annually, the Secretary of State
may extend the date in paragraph (1)(E) by one year until
December 31, 2035, if, before such an extension, the
Secretary certifies to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives that the Russian Federation is continuing
to execute its invasion of Ukraine.
``(4) Rules of construction.--
``(A) Selection of defense articles.--Nothing in this
subsection may be construed to limit--
``(i) the type or quantity of defense articles that may be
requested by, or transferred to, the Government of Ukraine;
or
``(ii) the timing of such requests or transfers.
``(B) Retransfers.--Any request by the Government of
Ukraine to retransfer defense articles received by that
Government under this Act remains subject to all relevant
provisions of this Act.''.
SEC. 6223. UNITED STATES-UKRAINE STRATEGIC DEFENSE INNOVATION
WORKING GROUP.
The text of section 1224 is hereby deemed to read as
follows:
``SEC. 1224 UNITED STATES-UKRAINE STRATEGIC DEFENSE
INNOVATION WORKING GROUP.
`` (a) Establishment.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall seek to
engage with relevant stakeholders in Ukraine to establish a
United States-Ukraine Strategic Defense Innovation Working
Group (referred to in this section as the `Working Group') to
explore--
``(A) pathways for the co-development, co-production,
acquisition, and transfer of covered systems;
``(B) the development of related mutual technology transfer
frameworks; and
``(C) the mutual transmission of unmanned aerial systems
expertise.
``(2) Composition.--
``(A) Co-chairs.--The Working Group shall be co-chaired by
the following:
``(i) The Under Secretary of Defense for Acquisition and
Sustainment.
``(ii) The Director of the Defense Innovation Unit.
``(iii) The Director of the Joint Interagency Task Force
401.
``(B) Additional department of defense participants.--The
Working Group shall include participation by representatives
of the following:
``(i) The Under Secretary of Defense for Policy.
``(ii) The United States Special Operations Command.
``(iii) Any other representative of the Department of
Defense the Secretary of Defense considers appropriate.
``(C) Other participants.--The Secretary of Defense shall
seek the participation in the Working Group of
representatives of the following:
``(i) The Ministry of Defense of Ukraine.
``(ii) The military forces of Ukraine.
``(iii) The Brave1 Defense Tech Cluster.
``(iv) The North Atlantic Treaty Organization-Ukraine Joint
Analysis, Training, and Education Center.
``(v) Any other entity mutually agreed upon by the
Secretary of Defense and the Minister of Defense of Ukraine.
``(b) Duties and Responsibilities.--
``(1) In general.-- The co-chairs of the Working Group
shall be responsible for engaging with the other participants
in the Working Group--
``(A) to systematically analyze and apply lessons learned
from the methodologies employed by the military forces of
Ukraine and the domestic defense industrial base of Ukraine
to accelerate the development, production, and fielding of
covered systems;
``(B) to identify the Ukraine-designed covered systems
that--
``(i) have demonstrated high operational utility in active
combat; and
``(ii) offer strategic capability enhancements for the
United States Armed Forces;
``(C) to provide recommendations to expand and improve
incorporation of Ukraine-designed covered systems into
Department of Defense programs, including Blue UAS, the Drone
Dominance Program, and service acquisition programs;
[[Page S4003]]
``(D) to develop defense trade foundational agreements
between the United States and Ukraine, including--
``(i) a mutual technology transfer framework, which shall
include--
``(I) mutual data exchange protocols to facilitate the
secure sharing of relevant battlefield and military
information, such as telemetry data and other electronic
warfare signal profiles; and
``(II) joint intellectual property ownership frameworks
that--
``(aa) protect the background intellectual property of all
participants; and
``(bb) facilitate the co-development and co-production of
Ukraine-designed covered systems; and
``(ii) a memorandum of understanding on reciprocal defense
procurement; and
``(E) to assess the feasibility of testing United States-
manufactured covered systems in Ukraine, including by
deploying United States-manufactured covered systems to
operational units of Ukraine for evaluation and use in active
combat scenarios.
``(2) Meetings.--The Working Group shall convene not less
frequently than once every 120 days, with meeting frequency
determined by the co-chairs, in consultation with the other
participants in the Working Group.
``(c) Prioritization of Ukraine-designed Covered Systems.--
``(1) In general.--The co-chairs of the Working Group shall
prioritize the Ukraine-designed covered systems identified
under subsection (b)(1)(B) for co-development, co-production,
and acquisition, including by--
``(A) analyzing the extent to which Ukraine-designed
covered systems meet existing statutory requirements with
respect to fielding;
``(B) identifying authorities that may be used to
accelerate the establishment and approval of joint ventures,
cooperative production agreements, or licensed production
agreements involving the Department of Defense and the
military forces of Ukraine;
``(C) identifying authorities that may be used to
accelerate procurement pathways for Ukraine-designed covered
systems;
``(D) conducting a detailed supply chain assessment of the
components and inputs that would be used in the co-production
of Ukraine-designed covered systems;
``(E) identifying the costs associated with co-developing
and co-producing Ukraine-designed covered systems in the
United States; and
``(F) identifying the steps necessary to produce Ukraine-
designed covered systems at scale in the United States.
``(2) Unmanned aerial systems expertise.--In addition to
co-development, co-production, and acquisition, the Working
Group shall also focus on--
``(A) the mutual transmission of--
``(i) best practices for the rapid development, cost-
effective production, and fielding of unmanned aerial systems
and counter-unmanned aerial systems;
``(ii) the tactics, techniques, and procedures that enable
successful battlefield employment of offensive and defensive
unmanned aerial systems;
``(iii) best practices with respect to force protection
from unmanned aerial systems and the defense of fixed targets
from unmanned aerial systems; and
``(iv) the regular transmission of lessons learned in
Ukraine to the military forces of--
``(I) Taiwan;
``(II) Australia;
``(III) Japan;
``(IV) the Republic of Korea;
``(V) Thailand;
``(VI) the Philippines;
``(VII) partners in the Indo-Pacific region, including
India, New Zealand, and Vietnam; and
``(VIII) member countries of the North Atlantic Treaty
Organization, particularly such countries on the eastern
flank of the North Atlantic Treaty Organization alliance,
including Estonia, Finland, Latvia, Lithuania, and Poland;
``(B) the transmission of lessons learned in Ukraine to the
unmanned aerial systems and counter-unmanned aerial systems
program of the Department of the Army; and
``(C) the transmission of lessons learned through the Joint
Interagency Task Force 401 to the military forces of Ukraine.
``(3) Remediation pathway.--With respect to Ukraine-
designed covered systems identified under subsection
(b)(1)(B) that do not meet existing statutory requirements
with respect to fielding, the Working Group shall explore
alternative pathways for the fielding of such covered
systems, including through--
``(A) Army Drone Industrial Base Programs;
``(B) the UAS Marketplace; and
``(C) Drone Dominance.
``(d) Reports and Briefings.--
``(1) Initial strategy and action plan.--Not later than 120
days after the date of the enactment of this Act, the Working
Group shall provide the congressional defense committees with
a briefing on the initial strategy for the co-development,
co-production, and acquisition of Ukraine-designed covered
systems.
``(2) Semiannual updates.--
``(A) In general.--Not later than 180 days after the date
on which the briefing required by paragraph (1) is provided,
and every 180 days thereafter until the date on which the
Working Group terminates, the Working Group shall submit to
the congressional defense committees a report on the progress
of the Working Group.
``(B) Elements.--Each report required by subparagraph (A)
shall, to the maximum extent practicable, include, for the
preceding 180-day period, the following:
``(i) A list of Ukraine-designed covered systems identified
for prioritization, including the current status of such
covered systems with respect to technical and legal
evaluation, certification, and integration with existing
United States force posture and operational needs.
``(ii) A detailed list of specific fast-track acquisition
or waiver authorities that may be used to accelerate the co-
development, co-production, or acquisition of Ukraine-
designed covered systems.
``(iii) A supply chain analysis of the sourcing of inputs
and component parts to eliminate dependence on countries of
concern, such as the Russian Federation, the People's
Republic of China, Iran, and the Democratic People's Republic
of Korea.
``(iv) A comprehensive framework to facilitate the
transition of prioritized Ukraine-designed covered systems
from identification to co-development and co-production at
scale, including an assessment of the feasibility of using
the following for such purpose:
``(I) Joint ventures.
``(II) Cooperative production agreements.
``(III) Licensed production agreements.
``(v) A detailed description of intellectual property
ownership frameworks that could be used to facilitate the co-
development and co-production of prioritized Ukraine-designed
covered systems.
``(vi) A description of any specific regulatory, legal, or
policy barriers that hinder the establishment of joint
ventures, cooperative production agreements, or licensed
production agreements.
``(vii) A description of any regulatory, export-control, or
certification barriers that impede the acquisition of
Ukraine-designed covered systems.
``(C) Form.--Each report required by subparagraph (A) shall
be submitted in unclassified form but may include a
classified annex.
``(e) Termination.--
``(1) In general.--Subject to paragraph (2), the Working
Group shall terminate on the date that is five years after
the date of the enactment of this Act.
``(2) One-year extension.--The Working Group may continue
in effect until the date that is six years after the date of
the enactment of this Act if the Secretary of Defense--
``(A) determines that a one-year extension is beneficial to
United States security interests; and
``(B) submits to the congressional defense committees a
written justification for such an extension.
``(f) Covered System Defined.--In this section, the term
`covered system' means--
``(1) an unmanned system that--
``(A) is designed for a limited number of missions;
``(B) is expendable in high-threat environments; and
``(C) is characterized by a low per-unit cost, relative to
the value of the targets the unmanned system is designed to
engage; and
``(2) includes--
``(A) the enabling software and hardware of such an
unmanned system;
``(B) unmanned aerial vehicles, unmanned underwater
vehicles, and unmanned surface vehicles;
``(C) capabilities to counter unmanned systems, including
early warning systems, jamming systems, and interceptors; and
``(D) command and control architecture, including software
and hardware, to enable the integrated, secure, and resilient
operation of unmanned systems and capabilities to counter
unmanned systems.''.
Subtitle D--Matters Relating to the Indo-Pacific Region
SEC. 6231. STRATEGY TO ENHANCE DEFENSE COOPERATION WITH NEW
ZEALAND.
(a) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a strategy to
enhance defense cooperation between the United States and New
Zealand.
(b) Purposes.--The purposes of the strategy required by
subsection (a) are--
(1) to strengthen the defense relationship between the
United States and New Zealand;
(2) to improve bilateral and multilateral military
interoperability, support security, and stability in the
Indo-Pacific region;
(3) to expand cooperation on space, and advanced defense
and aerospace capabilities; and
(4) to identify concrete actions to address shared security
challenges in the Pacific and Antarctic regions.
(c) Elements.--The strategy required by subsection (a)
shall include the following:
(1) An assessment of the current state of United States
defense cooperation with New Zealand, including defense
dialogues, military-to-military engagements, information
sharing, combined exercises, port visits, personnel
exchanges, and other bilateral or multilateral activities.
(2) A roadmap to expand military interoperability between
the United States and New Zealand, including through
increased participation in joint and combined exercises,
expanded staff exchanges, improved operational planning, and
greater coordination with Australia and other regional allies
and partners.
[[Page S4004]]
(3) An assessment of opportunities to expand defense
industrial base cooperation between the United States and New
Zealand, including with respect to secure supply chains,
aviation sustainment, munitions, maintenance and repair
capacity, trusted vendors, and the integration of New Zealand
industry into allied defense supply chains, as appropriate.
(4) An assessment of opportunities to strengthen logistics
cooperation with New Zealand in Antarctica and the Southern
Ocean, including through the Joint Logistics Pool,
Christchurch gateway operations, support for McMurdo Station
and Scott Base, cold-weather operations, airlift and sealift
coordination, medical evacuation, search and rescue,
communications, domain awareness, infrastructure resilience,
and contingency planning for disruption of access to
Antarctica.
(5) A list of specific actions, timelines, responsible
Department of Defense components, and resource requirements
necessary to implement the strategy.
(d) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(e) Briefing.--Not later than 30 days after the date on
which the strategy required by subsection (a) is submitted,
the Secretary of Defense shall provide the congressional
defense committees with a briefing on the strategy, including
planned actions, timelines, responsible offices, resource
requirements, and any legislative recommendations to enhance
defense cooperation between the United States and New
Zealand.
SEC. 6232. TAIWAN INTERNATIONAL SOLIDARITY.
(a) Short Title.--This section may be cited as the ``Taiwan
International Solidarity Act''.
(b) Clarification Regarding United Nations General Assembly
Resolution 2758 (XXVI).--Section 2(a) of the Taiwan Allies
International Protection and Enhancement Initiative (TAIPEI)
Act of 2019 (Public Law 116-135) is amended--
(1) in the matter preceding paragraph (1), by striking
``(a) Findings.--''; and
(2) by adding at the end the following:
``(10) United Nations General Assembly Resolution 2758
(XXVI) established the representatives of the Government of
the People's Republic of China as the only lawful
representatives of China to the United Nations. The
resolution did not address the issue of representation of
Taiwan and its people in the United Nations or any related
organizations, nor did the resolution take a position on the
relationship between the People's Republic of China and
Taiwan or include any statement pertaining to Taiwan's
sovereignty.
``(11) The United States opposes any initiative that seeks
to change Taiwan's status without the consent of the people
of Taiwan.''.
(c) United States Advocacy for International Organizations
to Resist the People's Republic of China's Efforts to Distort
the ``One China'' Position.--Section 4 of the Taiwan Allies
International Protection and Enhancement Initiative (TAIPEI)
Act of 2019 is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to instruct, as appropriate, representatives of the
United States Government in all organizations described in
paragraph (1) to use the voice, vote, and influence of the
United States to advocate that such organizations resist the
People's Republic of China's efforts to distort the
decisions, language, policies, or procedures of such
organizations regarding Taiwan.''.
(d) Opposing the People's Republic of China's Efforts to
Undermine Taiwan's Ties and Partnerships Internationally.--
Section 5(a) of the Taiwan Allies International Protection
and Enhancement Initiative (TAIPEI) Act of 2019 is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) encourage, as appropriate, United States allies and
partners to oppose the People's Republic of China's efforts
to undermine Taiwan's official diplomatic relationships and
its partnerships with countries with which it does not
maintain diplomatic relations.''.
(e) Report on the People's Republic of China's Attempts to
Promote Its ``One China'' Position.--
(1) In general.--Section 5(b) of the Taiwan Allies
International Protection and Enhancement Initiative (TAIPEI)
Act of 2019 is amended by inserting before the period at the
end the following: ``and information relating to any prior or
ongoing attempts by the People's Republic of China to
undermine Taiwan's membership or observer status in all
organizations described in section 4(1) and Taiwan's ties and
relationships with other countries in accordance with
subsection (a)''.
(2) Effective date.--The amendment made by paragraph (1)
shall--
(A) take effect on the date of the enactment of this Act;
and
(B) apply beginning with the first report required after
such date under section 5(b) of the Taiwan Allies
International Protection and Enhancement Initiative (TAIPEI)
Act of 2019, as amended by paragraph (1).
Subtitle E--Other Matters
SEC. 6241. EXTENSION OF FENTANYL SANCTIONS ACT.
Section 7234 of the Fentanyl Sanctions Act (21 U.S.C. 2334)
is amended by striking ``the date that is 7 years after the
date of the enactment of this Act'' and inserting ``December
31, 2033''.
SEC. 6242. EXTENSION OF AUTHORITY OF EXPORT-IMPORT BANK OF
THE UNITED STATES.
(a) In General.--Section 7 of the Export-Import Bank Act of
1945 (12 U.S.C. 635f) is amended by striking ``December 31,
2026'' and inserting ``February 28, 2027''.
(b) Program on China and Transformational Exports.--Section
2(l)(3)(C) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(l)(3)(C)) is amended by striking ``December 31, 2026''
each place it appears and inserting ``February 28, 2027''.
SEC. 6243. LICENSE REQUIREMENT FOR EXPORTS OF COVERED
INTEGRATED CIRCUITS TO COUNTRIES OF CONCERN.
Part I of the Export Control Reform Act of 2018 (50 U.S.C.
4811 et seq.) is amended by inserting after section 1758 the
following:
``SEC. 1758A. CONTROL OF EXPORTS OF COVERED INTEGRATED
CIRCUITS.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
``(2) Commerce control list.--The term `Commerce Control
List' means the list set forth in Supplement No. 1 to part
774 of the Export Administration Regulations.
``(3) Country of concern.--The term `country of concern'
means any foreign country listed in Country Group D:5 under
Supplement No. 1 to part 740 of the Export Administration
Regulations.
``(4) Covered integrated circuit.--
``(A) In general.--Subject to subparagraphs (B), (C), and
(D), the term `covered integrated circuit' means--
``(i) an integrated circuit, computer, or other product--
``(I) classified under Export Control Classification Number
3A090 or 4A090 or related Export Control Classification
Numbers; or
``(II) that is functionally equivalent or substantially
similar to a circuit, computer, or product described in
subclause (I); or
``(ii) an integrated circuit that has 1 or more digital
processing units with--
``(I) a total processing performance of 4,800 or more;
``(II) a total processing performance of 2,400 or more and
a performance density of 1.6 or more; or
``(III) a total processing performance of 1,600 or more and
a performance density of 3.2 or more.
``(B) Authority to update technical parameters.--Beginning
18 months after the date of the enactment of this section,
the Under Secretary of Commerce for Industry and Security may
add or modify technical parameters for the definition of
`covered integrated circuit' for purposes of this section
through notice in the Federal Register, so long as--
``(i) the addition or modification poses no adverse impact
on the national security of the United States; and
``(ii) not fewer than 30 days before the addition or
modification takes effect, the Under Secretary--
``(I) consults with the appropriate congressional
committees regarding the addition or modification; and
``(II) in consultation with each agency that is part of the
Operating Committee for Export Policy, submits the addition
or modification to the appropriate congressional committees.
``(C) Products included.--Except as provided in
subparagraph (D), the term `covered integrated circuit'
includes a product containing such a covered integrated
circuit.
``(D) Exclusion.--The term `covered integrated circuit'
does not include--
``(i) covered integrated circuits or products containing a
covered integrated circuit that are not designed or marketed
for use in a data center; or
``(ii) microprocessor microcircuits, such as central
processing units, that are not graphics processing units or
similar products.
``(5) Operating committee for export policy.--The term
`Operating Committee for Export Policy' means the Operating
Committee for Export Policy referred to in section 1763(c) of
the Export Control Reform Act of 2018 (50 U.S.C. 4822(c)).
``(6) Performance density; total processing performance.--
The terms `performance density' and `total processing
performance' have the meanings given those terms in, and are
calculated as provided for under, Export Control
Classification Number 3A090 in the Commerce Control List (as
in effect on January 1, 2026).
``(7) Restricted integrated circuit.--
``(A) In general.--Subject to subparagraphs (B), (C), and
(D), the term `restricted integrated circuit' means a covered
integrated circuit that has 1 or more digital processing
units with a total processing performance of 21,000 or more.
``(B) Authority to update technical parameters.--The Under
Secretary of Commerce for Industry and Security may add or
modify technical parameters for the definition of `restricted
integrated circuit' in the
[[Page S4005]]
same manner and subject to the same restrictions as the
authority described in paragraph (4)(B).
``(C) Products included.--Except as provided by
subparagraph (D), the term `restricted integrated circuit'
includes a product containing such a restricted integrated
circuit.
``(D) Exclusion.--The term `restricted integrated circuit'
does not include--
``(i) restricted integrated circuits or products containing
a restricted integrated circuit that are not designed or
marketed for use in a data center; or
``(ii) microprocessor microcircuits, such as central
processing units, that are not graphics processing units or
similar products.
``(b) License Requirement.--
``(1) In general.--Beginning on the date of the enactment
of this section, the Under Secretary of Commerce for Industry
and Security, in consultation with each agency that is part
of the Operating Committee for Export Policy, shall require a
license for the export, reexport, or in-country transfer of a
covered integrated circuit or a restricted integrated circuit
to an entity that is located or headquartered in, or the
ultimate parent company of which is headquartered in, a
country of concern.
``(2) General license prohibited.--The Under Secretary of
Commerce for Industry and Security may not issue a general
license for the purpose of fulfilling the license requirement
in paragraph (1).
``(c) Certification to Congress.--Not fewer than 15 days
prior to approving any license for the export, reexport, or
in-country transfer of a covered integrated circuit to an
entity that is located or headquartered in, or the ultimate
parent company of which is headquartered in, a country of
concern, the Under Secretary of Commerce for Industry and
Security, in consultation with each agency that is part of
the Operating Committee for Export Policy, shall submit to
the appropriate congressional committees a copy of the
license application and proposed license, including--
``(1) the quantity of the covered integrated circuit,
identified by an Export Control Classification Number, as
applicable, and by technical parameters of the covered
integrated circuit;
``(2) the ultimate consignee or end-user of the covered
integrated circuit;
``(3) the quantity of the covered integrated circuit that
has been shipped to end-users in the United States at the
time of the license application; and
``(4) any and all license conditions, which shall include a
certification that--
``(A) there is sufficient supply of the covered integrated
circuit in the United States such that export of the covered
integrated circuit authorized by the license would not result
in any delay in fulfilling any existing or new orders of
covered integrated circuits from customers in the United
States for end use in the United States (taking into account
normal lead times);
``(B) global foundry capacity that would otherwise be used
to produce similar node or more covered integrated circuits
for end users in the United States will not be diverted to
produce the commodities authorized by the license for exports
to the People's Republic of China;
``(C) the aggregate shipments of the covered integrated
circuit to the People's Republic of China and Macau will be
not more than 50 percent of the total covered integrated
circuits shipped to customers for end use in the United
States of that covered integrated circuit;
``(D) the transaction is not prohibited by end user, use
controls, or controls for nonmilitary end uses or end users;
``(E) the license applicant will employ rigorous know your
customer (KYC) procedures to screen and prevent unauthorized
remote access to unauthorized parties (such as prohibited
parties under part 744 of title 15, Code of Federal
Regulations, or successor regulations);
``(F) prior to export from the United States, every
shipment of covered integrated circuits will be reviewed by a
qualified third-party testing lab to confirm the technical
capabilities and functions of the artificial intelligence
commodities in the license application of the exporter; and
``(G) the license application has provided the Under
Secretary of Commerce for Industry and Security a list of
remote end users located in Belarus, China, Cuba, Iran,
Macau, North Korea, Russia, and Venezuela, or whose ultimate
parent company is headquartered in any such country.
``(d) American Artificial Intelligence Victory Strategy.--
The Under Secretary of Commerce for Industry and Security, in
consultation with each agency that is part of the Operating
Committee for Export Policy, shall submit to the appropriate
congressional committees an American Artificial Intelligence
Victory Strategy that details--
``(1) a whole-of-government framework to win the artificial
intelligence race;
``(2) recommendations for policy changes the United States
Government should make to best position the United States in
the artificial intelligence race against the People's
Republic of China; and
``(3) an assessment of the covered integrated circuit
production numbers and capabilities of the People's Republic
of China for fiscal years 2026 and 2027, including a
comparison of the covered integrated circuit production
numbers and capabilities of the People's Republic of China to
the covered integrated circuit production numbers and
capabilities of the United States and allies of the United
States.
``(e) License Prohibition for Restricted Integrated
Circuits.--The Under Secretary of Commerce for Industry and
Security, in consultation with each agency that is part of
the Operating Committee for Export Policy, shall deny all
licenses for the export, reexport, or in-country transfer of
a restricted integrated circuit to an entity that is located
or headquartered in, or the ultimate parent company of which
is headquartered in, a country of concern.''.
SEC. 6244. OPEN TECHNOLOGY FUND.
(a) Short Title.--This section may be cited as the ``Open
Technology Fund Reauthorization Act''.
(b) Authority.--The Open Technology Fund is an independent
nonprofit corporation that is authorized to receive amounts
appropriated by Congress for the purpose of promoting,
consistent with United States law, unrestricted access to
uncensored sources of information through the internet.
(c) Board of Directors.--
(1) In general.--The Open Technology Fund shall be governed
by a Board of Directors that--
(A) is bipartisan;
(B) except as otherwise provided in this section, has the
sole responsibility to oversee the operations of the Open
Technology Fund, within the jurisdiction of its
incorporation;
(C) is composed of not fewer than 5 members, who shall be
qualified individuals who are not employed in the public
sector; and
(D) shall appoint successors in the event of a vacancy on
the Board of Directors, in accordance with applicable bylaws.
(2) Not federal employees.--No employee of the Open
Technology Fund may be a Federal employee.
(d) Functions.--In furtherance of the purpose described in
subsection (b), the Open Technology Fund shall--
(1) seek to advance freedom of the press and unrestricted
access to the internet in repressive environments oversees;
(2) research, develop, implement, and maintain--
(A) technologies that circumvent techniques used by
authoritarian governments, nonstate actors, and others to
block or censor access to the internet, including
circumvention tools that bypass internet blocking, filtering,
and other censorship techniques used to limit or block
legitimate access to content and information; and
(B) secure communication tools and other forms of privacy
and security technology that facilitate the creation and
distribution of news and enable audiences to access media
content on censored websites;
(3) advance internet freedom by supporting private and
public sector research, development, implementation, and
maintenance of technologies that provide secure and
uncensored access to the internet to counter attempts by
authoritarian governments, nonstate actors, and others to
improperly restrict freedom online;
(4) research and analyze emerging technical threats and
develop innovative solutions through collaboration with the
private and public sectors to maintain the technological
advantage of the United States Government over authoritarian
governments, nonstate actors, and others;
(5) develop, acquire, and distribute requisite internet
freedom technologies and techniques, consistent with United
States foreign policy priorities;
(6) prioritize programs for countries the governments of
which restrict freedom of expression on the internet, and
that are important to the national interest of the United
States, and are consistent with section 7050(b)(2)(C) of the
Further Consolidated Appropriations Act, 2020 (Public Law
116-94); and
(7) carry out any other effort consistent with the purposes
of this section or in furtherance of global internet freedom
or press freedom overseas if requested or approved by an Act
of Congress.
(e) Methodology.--In carrying out subsection (d), the Open
Technology Fund shall--
(1) support fully open-source tools, code, and components,
to the extent practicable, to ensure such supported tools and
technologies are as secure, transparent, and accessible as
possible, and require that any such tools, components, code,
or technology supported by the Open Technology Fund remain
fully open-source, to the extent practicable;
(2) support technologies that undergo comprehensive
security audits to ensure that such technologies are secure
and have not been compromised in a manner detrimental to the
interest of the United States or to individuals and
organizations benefitting from programs supported by the Open
Technology Fund;
(3) review and update periodically as necessary security
auditing procedures used by the Open Technology Fund to
reflect current industry security standards;
(4) establish safeguards to mitigate the use of such
supported technologies for illicit purposes;
(5) solicit project proposals through an open, transparent,
and competitive application process to attract innovative
applications and reduce barriers to entry;
(6) seek input from technical, regional, and subject matter
experts from a wide range of
[[Page S4006]]
relevant disciplines, to review, provide feedback, and
evaluate proposals to ensure the most competitive projects
are funded;
(7) implement an independent review process, through which
proposals are reviewed by such experts to ensure the highest
degree of technical review and due diligence;
(8) maximize cooperation with the public and private
sectors, as well as foreign allies and partner countries, to
maximize efficiencies and eliminate duplication of efforts;
and
(9) utilize any other methodology that is considered an
industry best practice in furtherance of the mission of the
Open Technology Fund.
(f) Grants to the Open Technology Fund.--Any agreement with
the Department of State or other Federal department or agency
governing the expenditure of amounts appropriated to the Open
Technology Fund shall be subject to the following limitations
and restrictions:
(1) The headquarters of the Open Technology Fund and its
senior administrative and managerial staff shall be located
in a location which ensures economy, operational
effectiveness, and public accountability.
(2) Amounts appropriated by Congress to the Open Technology
Fund shall be made subject to an agreement that--
(A) requires such amounts be used only for activities
consistent with this section;
(B) permits the termination of such amounts without fiscal
obligation to the United States if the Open Technology Fund
fails to substantially comply the requirements set forth in
the grant;
(C) requires any contract entered into by the Open
Technology Fund to specify that all obligations are assumed
by the Open Technology Fund and not by the United States
Government;
(D) prohibits the Open Technology Fund from entering into
an obligation before receiving funding from the United States
Government; and
(E) requires any lease agreements entered into by the Open
Technology Fund to be assignable to the United States
Government, to the extent possible.
(3) Administrative and managerial costs for operation of
the Open Technology Fund--
(A) should be kept to a minimum; and
(B) to the maximum extent feasible, should not exceed the
costs that would have been incurred if the Open Technology
Fund had been operated as a Federal entity rather than as an
independent nonprofit corporation.
(4) Amounts appropriated by Congress to the Open Technology
Fund may not be used for any activity the purpose of which is
influencing the passage or defeat of legislation being
considered by Congress.
(g) Assistance to Broadcasting Entities.--The Open
Technology Fund should render assistance to broadcasting
entities and United States Government-supported exile media
grantees to the extent necessary for censorship circumvention
and secure communications.
(h) Not a Federal Agency or Instrumentality.--Nothing in
this section may be construed to make the Open Technology
Fund a Federal agency or instrumentality.
(i) Relationship to Other United States Government-funded
Internet Freedom Programs.--The Open Technology Fund shall
coordinate with internet freedom programs of the Department
of State and other relevant United States Government
departments, in order to share information and best-practices
relating to the implementation of subsections (d) and (e).
(j) Annual Report.--The Open Technology Fund shall
highlight, in its annual report, internet freedom activities,
including a comprehensive assessment of the Open Technology
Fund's activities relating to the implementation of
subsections (d) and (e). Each such report shall include--
(1) an assessment of the current state of global internet
freedom, including trends in censorship and surveillance
technologies and internet shutdowns, and the threats such
pose to journalists, citizens, and human rights and civil-
society organizations; and
(2) a description of the technology projects supported by
the Open Technology Fund and the associated impact of such
projects in the prior year, including the countries and
regions in which such technologies were deployed, and any
associated metrics indicating audience usage of such
technologies, as well as future-year technology project
initiatives.
(k) Audit Authorities.--
(1) In general.--Financial transactions of the Open
Technology Fund relating to functions carried out under this
section may be audited by the Government Accountability
Office in accordance with such principles and procedures and
under such rules and regulations as may be prescribed by the
Comptroller General of the United States. Any such audit
shall be conducted at the place or places at which accounts
of the Open Technology Fund are normally kept.
(2) Access by government accountability office.--The
Government Accountability Office shall have access to all
books, accounts, records, reports, files, papers, and
property belonging to or in use by the Open Technology Fund
pertaining to financial transactions as may be necessary to
facilitate an audit. The Government Accountability Office
shall be afforded full facilities for verifying transactions
with any assets held by depositories, fiscal agents, and
custodians. All such books, accounts, records, reports,
files, papers, and property of the Open Technology Fund shall
remain in the possession and custody of the Open Technology
Fund.
(3) Exercise of authorities.--Notwithstanding any other
provision of law, the Inspector General of the Department of
State is authorized to exercise the authorities of chapter 4
of title 5, United States Code (commonly referred to as the
``Inspector General Act of 1978''), with respect to the Open
Technology Fund.
(l) Global Internet Freedom.--Section 9707(d) of the
Department of State Authorization Act of 2002 (22 U.S.C.
6217(d)) is amended--
(1) in the subsection heading, by striking ``United States
Agency for Global Media'' and inserting ``Open Technology
Fund'';
(2) in paragraph (1), by striking ``the Chief Executive
Officer of the USAGM, in consultation with'';
(3) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``the USAGM or''; and
(4) in paragraph (3)--
(A) by striking the paragraph header and inserting ``open
technology fund'';
(B) in the matter preceding subparagraph (A), by striking
``The Chief Executive Officer of the USAGM, in consultation
with the President'' and inserting ``The President'';
(C) in subparagraph (A), by striking ``international
broadcasting programs and incorporate such programs into''
and inserting ``with international broadcasting programs to
advise on''; and
(D) in subparagraph (C), by striking ``in accordance with
USAGM's annual language service prioritization review'' and
inserting ``in consultation with international broadcasting
program priorities''.
(m) Repeal.--Section 309A of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6208a) is
repealed.
(n) Conforming Amendments.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is
amended--
(1) in section 304(d), by striking ``the Open Technology
Fund,'';
(2) in section 305(c)(1), by striking ``the Open Technology
Fund,'';
(3) in section 306(e)(1), by striking ``the Open Technology
Fund,''; and
(4) in section 310(d), by striking ``the Open Technology
Fund,''.
Subtitle F--Cooperation With NATO Allies
SEC. 6251. STRATEGY FOR UNITED STATES-NATO INTEGRATED
TECHNOLOGY SOLUTION.
(a) In General.--In designing, procuring, or deploying
cyber and digital warfighting capabilities for, and in
coordination with, the North Atlantic Treaty Organization
(NATO), the Secretary of State and the Secretary of Defense
shall seek--
(1) to advance solutions that promote collaboration and
interoperability with respect to the cyber and digital
systems of the United States and of NATO allies; and
(2) to ensure that artificial intelligence-guided systems
operated by the United States and NATO allies recognize each
other and work together in joint operations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Defense, in coordination with the Secretary of
Commerce, shall submit to the appropriate congressional
committees a report that contains the following:
(1) A strategy to maintain integrated cyber and digital
technology solutions for NATO capabilities, incorporating
cyber, artificial intelligence, and digital systems from
United States vendors and vendors of NATO allies.
(2) A description of efforts made, during the reporting
period, to implement subsection (a).
(3) A description of the national security risks posed by
disintegrated, non-interoperable cyber, artificial
intelligence, and digital technology solutions to the United
States and NATO allies.
SEC. 6252. REPORT ON UNITED STATES WEAPONS SALES TO NATO.
(a) In General.--Not later than February 1 of each year,
the Secretary of State, in coordination with the Secretary of
Defense, shall submit to Congress a report on United States
weapons sales and transfers to NATO, as an organization, and
to each member country of NATO during the preceding calendar
year.
(b) Elements.--Each report required by subsection (a) shall
include--
(1) the information required by section 655 of the Foreign
Assistance Act (22 U.S.C. 2415); and
(2) a description of--
(A) any sale authorized pursuant to sections 21 or 38 of
the Arms Export Control Act (22 U.S.C. 2761; 2778);
(B) any transfer pursuant to the authority of section 333
of title 10, United States Code; and
(C) any transfer pursuant to section 516 of the Foreign
Assistance Act (22 U.S.C. 2321j).
(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form.
Subtitle G--Taiwan Allies Fund Act
SEC. 6261. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Allies Fund
Act''.
SEC. 6262. FINDINGS.
Congress makes the following findings:
(1) Taiwan is a free and prosperous democracy of more than
23,000,000 people and an important contributor to peace and
stability around the world.
[[Page S4007]]
(2) The People's Republic of China (PRC) has engaged in a
years-long campaign to diplomatically isolate Taiwan on the
world stage.
(3) Since 2013, the Gambia, Sao Tome and Principe, Panama,
the Dominican Republic, Burkina Faso, El Salvador, the
Solomon Islands, Kiribati, Nicaragua, Honduras, and, most
recently in 2024, Nauru have severed diplomatic relations
with Taiwan in favor of diplomatic relations with the
People's Republic of China.
(4) The People's Republic of China has used economic and
diplomatic intimidation against countries pursuing unofficial
relations with Taiwan, including Lithuania, Czechia, and the
United States.
(5) The Taiwan Relations Act of 1979 (Public Law 96-8)
states that it is the policy of the United States ``to
maintain the capacity of the United States to resist any
resort to force or other forms of coercion that would
jeopardize the security, or the social or economic system, of
the people on Taiwan''.
(6) The Taiwan Allies International Protection and
Enhancement Initiative (TAIPEI) Act of 2019 (Public Law 116-
135) states that the United States Government should--
(A) ``support Taiwan in strengthening its official
diplomatic relationships as well as other partnerships with
countries in the Indo-Pacific region and around the world'';
and
(B) ``consider, in certain cases as appropriate and in
alignment with United States interests, increasing its
economic, security, and diplomatic engagement with nations
that have demonstrably strengthened, enhanced, or upgraded
relations with Taiwan''.
SEC. 6263. SENSE OF CONGRESS.
It is the sense of Congress that the United States
Government should--
(1) advocate, as appropriate, for Taiwan's engagement on
the global stage, including at international organizations;
(2) promote the preservation and expansion of Taiwan's
official diplomatic relations with countries around the
world;
(3) expand Taiwan's unofficial relations with countries
around the world;
(4) encourage countries with unofficial relations with
Taiwan to deepen their engagement; and
(5) advance the economic development of countries that
support Taiwan.
SEC. 6264. TAIWAN ALLIES FUND.
(a) Authorization of Appropriations.--Of the amounts made
available under the Countering People's Republic of China
Influence Fund for each of fiscal years 2027, 2028, and 2029,
there is authorized to be appropriated $10,000,000 for each
such fiscal year to support Taiwan's international space.
(b) Eligible Countries.--Amounts available pursuant to the
authorization of appropriations under subsection (a) may be
used in countries that--
(1) maintain official relations with Taiwan or the
Secretary of State certifies to Congress have meaningfully
strengthened unofficial relations with Taiwan;
(2) have been subject to coercion or pressure by the
People's Republic of China due to their relations with
Taiwan; and
(3) lack the economic or political capability to
effectively respond to such coercion or pressure by the
People's Republic of China without the support of the United
States.
(c) Use of Funds.--Amounts available pursuant to the
authorization of appropriations under subsection (a) may be
used to support any of the following activities in the
countries described in subsection (b) if such activities have
a direct linkage to the goal of supporting Taiwan's
international engagement, are aligned with clear and
justifiable United States counter-PRC strategic imperatives
that guide all programs funded by the Counter PRC Influence
Fund, and support United States national interests:
(1) To support initiatives that provide alternatives to the
People's Republic of China health, digital, and energy
initiatives.
(2) To build the capacity and resilience of civil society,
media, and other nongovernmental organizations in countering
the malign influence of the People's Republic of China.
(3) To diversify supply chains away from the People's
Republic of China, particularly to mitigate vulnerabilities
to PRC economic coercion.
(4) To provide alternatives to People's Republic of China
development assistance and project financing and to expose
the People's Republic of China's failure to deliver on
development promises or other negative aspects of PRC
development assistance.
(5) To support Taiwan's official or unofficial diplomatic
presence abroad or advance Taiwan's meaningful participation
in international fora and multilateral organizations.
(6) To provide United States or allied alternatives to
People's Republic of China information and communications
technology infrastructure and components, in coordination
with the private sector, as appropriate.
(7) To strengthen the capacity of partner countries to
address and reduce the impacts of foreign malign influence
operations, propaganda, and other asymmetric informational
activities originating from the People's Republic of China.
(8) To mitigate a country's specific vulnerabilities to the
People's Republic of China's coercion over the country's
relationship with Taiwan.
(d) Limitation on Funds.--A country described in subsection
(b) may not receive more than $5,000,000 of funds made
available pursuant to the authorization of appropriations
under subsection (a) during any fiscal year.
(e) Implementation.--
(1) In general.--The Secretary of State, in consultation
with the heads of other relevant Federal agencies, shall
coordinate and carry out activities described in subsection
(c).
(2) Authorities.--Amounts available pursuant to the
authorization of appropriations under subsection (a) may be
considered foreign assistance under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) for purposes of making
available the administrative authorities in that Act and may
be transferred to, and merged with, funds made available for
any provision of the Foreign Assistance Act of 1961 to carry
out the purposes of this section, except that such funds
shall remain available until expended.
(3) Coordination with taiwan.--In order to maximize cost
efficiency and eliminate duplication, the Secretary of State
should ensure coordination with relevant counterparts in
Taiwan, as appropriate.
(4) Cost-sharing with taiwan.--The Secretary of State
shall, to the maximum extent practicable, encourage cost-
sharing arrangements with Taiwan for the assistance described
in subsection (b) or otherwise complementary assistance.
(5) Report.--
(A) In general.--Not later than 1 year after the date of
the enactment of this section, and annually thereafter for
two years, the Secretary of State shall submit to the
appropriate congressional committees a report on activities
described in this section that were carried out during the
preceding fiscal year.
(B) Elements.--Each report required by subparagraph (A)
shall include--
(i) with respect to each activity described in subsection
(c)--
(I) the amount of funding for the activity;
(II) the goal to which the activity relates; and
(III) an assessment of the success of the activity to meet
the goal to which the activity relates; and
(ii) with respect to this subsection--
(I) the amount of funding for the activity provided by
Taiwan during the preceding year, if any; and
(II) an assessment of whether the funding described in
subclause (I) is commensurate with funding provided by the
United States.
(f) Rule of Construction.--Nothing in this section may be
construed to apply to or limit United States foreign
assistance not provided using amounts available pursuant to
the authorization of appropriations under subsection (a).
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
ACTIVITIES
Subtitle A--Space Activities
SEC. 6501. SPACE CONTROL AND SPACE SUPERIORITY READINESS.
(a) Findings.--Congress finds the following:
(1) The space domain is critical to deterrence and
warfighting.
(2) The United States must maintain the ability to achieve
space control in a conflict with the People's Republic of
China.
(b) Wargaming, Modeling, and Simulation.--The Secretary of
Defense shall expand the capacity of the Space Force to
conduct wargaming, modeling, and simulation of peer conflict
scenarios in the space domain.
(c) Training.--The Secretary of Defense shall develop
training programs for space operators focused on tactics,
techniques, and procedures necessary for space control
operations.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on--
(A) Chinese commercial space capabilities; and
(B) the potential military applications of such
capabilities.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form.
SEC. 6502. REPORT ON SAFE ORBITAL TRAJECTORY OPTIONS FROM
INLAND AND NONTRADITIONAL LAUNCH SITES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act of this Act, the Secretary of
Defense, in consultation with the Administrator of the
Federal Aviation Administration and the Administrator of
National Aeronautics and Space Administration, shall submit
to the congressional defense committees a report on safe
orbital launch trajectory options from inland and
nontraditional launch sites.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the flight safety requirements
necessary to permit overland launch trajectories for both
expendable and partially or fully reusable launch systems to
the various inclinations and orbital regimes, including Low-
Earth Orbit (LEO), Medium-Earth Orbit (MEO), Geostationary
Orbit (GEO), and Highly Elliptical Orbit (HEO).
[[Page S4008]]
(2) Public safety and debris-risk modeling for prospective
full-cycle launch and reentry operations, including economic
and environmental impacts.
(3) An evaluation of the types of full-cycle launch and
reentry vehicles suitable for inland and nontraditional
sites, explicitly addressing the infrastructure required to
support vertical launch capabilities and distinguishing among
expendable, partially reusable, and fully reusable launch
systems.
(4) A cost estimate for the infrastructure and operational
needs associated with activating and using individual inland
and nontraditional launch sites, considering both existing
commercial spaceport infrastructure and potential new sites.
(5) A cost-benefit analysis weighing the national security
resilience benefits of expanded launch infrastructure with
the substantial investments required to support heavy-lift
launch vehicles.
(6) An analysis of the manner in which such alternative
launch options will inform future operational and capability
requirements for national security launch providers.
(7) A framework for integrating nontraditional and inland
ranges into the national launch enterprise through Federal
range services, dynamic airspace management, and flexible
deployment capabilities.
(8) The assumptions and conditions on which the report is
based and an assessment of their viability.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
Subtitle B--National Quantum Initiative Reauthorization Act of 2026
SEC. 6511. SHORT TITLE.
This subtitle may be cited as the ``National Quantum
Initiative Reauthorization Act of 2026''.
SEC. 6512. DEFINITIONS.
Section 2 of the National Quantum Initiative Act (15 U.S.C.
8801) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), the
first paragraph (8) (relating to the definition of the
``Subcommittee on Economic and Security Implications''), and
the second paragraph (8) (relating to the definition of the
``Subcommittee on Quantum Information Science'') as
paragraphs (7), (9), (12), (13), (18), and (19),
respectively;
(2) by inserting after paragraph (3) the following:
``(4) Federal laboratory.--The term `Federal laboratory'
has the meaning given such term in section 4 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703).
``(5) Foreign country of concern.--The term `foreign
country of concern' means a country that is a covered nation
(as such term is defined in section 4872(f) of title 10,
United States Code).
``(6) Foreign entity of concern.--The term `foreign entity
of concern' means a foreign entity that is--
``(A) designated as a foreign terrorist organization by the
Secretary of State under section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a));
``(B) included on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury
(commonly known as the `SDN list');
``(C) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation (as such term is defined in
section 4872(f) of title 10, United States Code);
``(D) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under--
``(i) chapter 37 of title 18, United States Code (commonly
known as the `Espionage Act');
``(ii) section 951 or 1030 of title 18, United States Code;
``(iii) chapter 90 of title 18, United States Code
(commonly known as the `Economic Espionage Act of 1996');
``(iv) the Arms Export Control Act (22 U.S.C. 2751 et
seq.);
``(v) section 224, 225, 226, 227, or 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and
2284);
``(vi) the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.); or
``(vii) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
``(E) determined by the Secretary of State, in consultation
with the Secretary of Commerce, the Secretary of Defense, and
the Director of National Intelligence, to be engaged in
unauthorized conduct that is detrimental to the national
security or foreign policy of the United States.'';
(3) in paragraph (7), as so redesignated, by striking
``(a)'' each place it appears;
(4) by inserting after paragraph (7), as so redesignated,
the following new paragraph:
``(8) National laboratory.--The term `National Laboratory'
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).'';
(5) by inserting after paragraph (9), as so redesignated,
the following:
``(10) Quantum applications.--The term `quantum
applications' means uses of quantum information science,
engineering, and technology, including quantum algorithms and
software, quantum computing and quantum-classical hybrids,
quantum sensing, quantum networking, quantum encryption,
quantum simulation, or quantum communications applications.
``(11) Quantum computing.--The term `quantum computing'
means any of a variety of quantum computing technologies,
including quantum annealing and quantum gate-model systems
that utilize a variety of architectures, such as
superconductors, ion traps, photonics, neutral atoms, atomic
spin, electron spin, or topological qubits.'';
(6) by amending paragraph (12), as so redesignated, to read
as follows:
``(12) Quantum information science, engineering, and
technology.--The term `quantum information science,
engineering, and technology' means the understanding,
translation, use, or application of the laws of quantum
physics for the storage, transmission, manipulation,
computing, simulation, or measurement of information.''; and
(7) by inserting after paragraph (13), as so redesignated,
the following:
``(14) Quantum networking.--The term `quantum networking'
means the transmission of quantum information and the
distribution and use of entanglement across nodes to enable
new information technology applications and fundamental
science.
``(15) Quantum sensing.--The term `quantum sensing'--
``(A) means the use of quantum mechanics to enhance or
enable new sensors; and
``(B) can include uses of superposition and entanglement,
nonclassical states, and advances in accuracy and precision
enabled by quantum control.
``(16) STEM.--The term `STEM' means the academic and
professional disciplines of science, technology, engineering,
and mathematics, including computer science.
``(17) Supply chain shock.--The term `supply chain shock'--
``(A) means an event causing severe or serious disruption
to normal operations or capacity in a supply chain; and
``(B) includes--
``(i) a natural disaster;
``(ii) a pandemic;
``(iii) a biological threat;
``(iv) a cyber attack;
``(v) a geopolitical conflict;
``(vi) a terrorist or geopolitical attack;
``(vii) a trade disruption caused by--
``(I) a foreign country of concern; or
``(II) an entity or an individual subject to the
jurisdiction of such a country; and
``(viii) an event for which the President declares a major
disaster or an emergency under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 5191).''.
SEC. 6513. PURPOSES.
Section 3 of the National Quantum Initiative Act (15 U.S.C.
8802) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as follows:
``(A) to expand the number of researchers, educators, and
students with training in quantum information science,
engineering, and technology to develop a domestic workforce
pipeline and retain international talent to the extent
consistent with national security and international
competitiveness;'';
(B) in subparagraph (B), by striking ``science at the'' and
inserting ``science, engineering, and technology at the'';
(C) in subparagraph (D)--
(i) by striking ``science and technology'' and inserting
``science, engineering, and technology''; and
(ii) by striking ``and'' after the semicolon; and
(D) by adding at the end the following:
``(F) to facilitate development of quantum applications,
including quantum-hybrid applications, to promote innovation;
and
``(G) to support advancements in emerging technologies that
could benefit from or benefit the development of quantum
technology and promote research, development, demonstration,
and application of such emerging technologies in quantum
information science, engineering, and technology and
scientific discovery.'';
(2) in paragraph (2), by striking ``science and
technology'' and inserting ``science, engineering, and
technology'';
(3) in paragraph (3), by striking ``science and
technology'' and inserting ``science, engineering, and
technology'';
(4) in paragraph (4)--
(A) by inserting ``National Laboratories,'' after ``Federal
laboratories,''; and
(B) by striking ``and'' after the semicolon;
(5) in paragraph (5)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``partnerships, research collaborations,
and'' after ``international''; and
(ii) by striking ``science and technology security'' and
inserting ``science, engineering, and technology'';
(B) in subparagraph (A), by striking ``and'' after the
semicolon;
(C) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
``(C) to facilitate cooperation in the advancement of
quantum capabilities among the United States and its
strategic allies and partners to strengthen and secure the
quantum-relevant supply chain and related ecosystem; and
``(D) to coordinate on potential export or strategic trade
controls where appropriate; and''; and
(6) by adding at the end the following:
``(6) improving the maturity and scale of the quantum
industry.''.
[[Page S4009]]
SEC. 6514. NATIONAL QUANTUM INITIATIVE PROGRAM.
Subsection (b) of section 101 of the National Quantum
Initiative Act (15 U.S.C. 8811) is amended--
(1) in paragraph (1)--
(A) by striking ``development'' and inserting ``research,
development, and near-, medium-, and long-term
demonstration''; and
(B) by striking ``information science and technology'';
(2) in paragraph (2)--
(A) by striking ``science and technology'' and inserting
``science, engineering, and technology''; and
(B) by inserting ``infrastructure,'' after
``demonstration,'';
(3) in paragraph (3)--
(A) by inserting ``and retain'' after ``to develop''; and
(B) by striking ``science and technology'' and inserting
``science, engineering, and technology'';
(4) by amending paragraph (4) to read as follows:
``(4) provide for interagency planning and coordination of
Federal quantum information science, engineering, and
technology research, development, demonstration, standards
engagement, and other activities under the Program, including
activities authorized pursuant to section 234 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 4001 note), quantum
educational activities and programs authorized pursuant to
section 10661 of the Research and Development, Competition,
and Innovation Act (42 U.S.C. 19261), and activities
conducted at any Federal laboratory or National
Laboratory;''; and
(5) in paragraph (5)--
(A) by striking ``industry and universities'' and inserting
``industry, universities, and strategic allies and
partners''; and
(B) by inserting ``, including human resources'' after
``resources''.
SEC. 6515. NATIONAL QUANTUM COORDINATION OFFICE.
Section 102 of the National Quantum Initiative Act (15
U.S.C. 8812) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``who shall be''
before ``appointed''; and
(B) by amending subparagraph (B) to read as follows:
``(B) staff comprising employees detailed from the Federal
departments and agencies specified in section 103(b).''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``science and
technology'' and inserting ``science, engineering, and
technology research, development, workforce, and
international'';
(B) by amending paragraph (4) to read as follows:
``(4) ensure coordination among the collaborative ventures
or consortia established under this Act, including under
section 201(a), the Multidisciplinary Centers for Quantum
Research and Education established under section 302(a), the
National Quantum Information Science Research Centers
established under section 402(a), and the Quantum Economic
Development Consortium;'';
(C) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(D) in paragraph (7)--
(i) by inserting ``nonprofit research organizations,''
after ``universities,''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(E) by adding after paragraph (7) the following:
``(8) promote understanding and adoption of viable quantum
capabilities that strengthen the United States economy, as
may be appropriate;
``(9) track, monitor, and promote policies that will ensure
the stability of the United States quantum workforce, quantum
supply chain, domestic quantum industry, and international
trade; and
``(10) ensure coordination and avoid unnecessary
duplication of existing quantum-related activities, other
activities carried out under this Act, and other related
programs, as appropriate.''.
SEC. 6516. SUBCOMMITTEE ON QUANTUM INFORMATION SCIENCE.
Section 103 of the National Quantum Initiative Act (15
U.S.C. 8813) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``the quantum information
science and technology research,'' and inserting ``quantum
information science, engineering, and technology research,
quantum application development, and demonstration,'';
(B) in paragraph (4)--
(i) by inserting ``, engineering, and technology'' after
``science''; and
(ii) by inserting ``skillset'' before ``diversity'';
(C) in paragraph (5)--
(i) by inserting ``, engineering, and technology'' after
``science''; and
(ii) by inserting ``and conduct comparative benchmarking of
Federal investments and research strategies relative to those
of strategic allies and partners of the United States and
other countries'' after ``development efforts'';
(D) in paragraph (6)--
(i) by striking ``science and technology'' and inserting
``science, engineering, and technology''; and
(ii) by striking ``and'' after the semicolon;
(E) in paragraph (7)--
(i) by inserting ``, engineering, and technology'' after
``science''; and
(ii) by striking the period and inserting a semicolon; and
(F) by adding at the end the following:
``(8) facilitate interagency partnership opportunities to
advance quantum applications related to advanced
manufacturing, biotechnology, critical minerals, chemistry,
space, and other sectors; and
``(9) evaluate the competitiveness and capabilities of the
United States in quantum technologies with respect to quantum
computing, sensing, networking, and applications.'';
(2) in subsection (g)(2)--
(A) in paragraph (A), by inserting ``numbers'' after
``budget'';
(B) in paragraph (B), by inserting ``numbers'' after
``budget''; and
(C) by adding at the end the following new paragraphs:
``(D) Metrics for measuring the impact of the Program for
the current fiscal year, for each Federal department and
agency described in subsection (b).
``(E) Value proposition as a result of each interagency
partnership opportunity.'';
(3) in subsection (h)(2)(A), by inserting ``, including a
description of agency roles and responsibilities'' before the
period; and
(4) by adding at the end the following new subsection:
``(i) Quantum Use Cases.--
``(1) In general.--The Subcommittee shall identify
potential use cases for quantum technologies that could
advance the missions of Federal departments and agencies
participating in the Program.
``(2) Quantum on-ramp.--For each potential use case
identified pursuant to paragraph (1) for a Federal department
or agency, the head of the Federal department or agency may,
in consultation with the Subcommittee, develop a plan to
enable such department or agency to address the potential use
case.
``(3) Comparison to artificial intelligence technologies.--
For any potential use case identified under paragraph (1) for
a Federal department or agency, the head of the department or
agency may, in consultation with the Subcommittee, consider
the quantum use case's interplay with artificial intelligence
and compare its anticipated costs, functionality, and
benefits.
``(4) Reporting.--The Subcommittee, as part of the annual
report on the budget for the Program under subsection (g),
shall report progress in carrying out the activities under
this subsection, including information relating to the
following:
``(A) The potential use cases identified pursuant to
paragraph (1).
``(B) The status of plans developed pursuant to paragraph
(2).
``(C) Any obstacles to addressing such potential use cases,
including lack of funding.''.
SEC. 6517. NATIONAL QUANTUM INITIATIVE ADVISORY COMMITTEE.
Section 104 of the National Quantum Initiative Act (15
U.S.C. 8814) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Qualifications.--The Advisory Committee shall consist
of members, appointed by the President, who--
``(1) are representative of--
``(A) industry; and
``(B) universities and Federal laboratories that are
qualified to provide advice and information on quantum
information science, engineering, and technology research,
development, demonstrations, standards, STEM education and
workforce, technology transfer, economics, and national
security, or research security; and
``(2) may hold doctoral degrees in physical sciences,
mathematics, computer science, engineering, or related
fields.'';
(2) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``science and
technology'' and inserting ``science, engineering, and
technology'';
(B) in subparagraph (D)--
(i) by striking ``to'' and inserting ``promote innovation,
foster a robust United States quantum industry, and''; and
(ii) by striking ``science and technology'' and inserting
``science, engineering, and technology'';
(C) in subparagraph (E), by inserting ``, including to
address any gaps that may exist in basic research,
capabilities, workforce, supply chain, or coordination among
participating Federal agencies'' before the semicolon;
(D) in subparagraph (F), by striking ``open standards for,
quantum information science and technology; and'' and
inserting ``international standards in open and transparent
standardization systems for quantum information science,
engineering, and technology;'';
(E) in subparagraph (G)--
(i) by striking ``societal,''; and
(ii) by striking the period and inserting a semicolon; and
(F) by adding at the end the following new subparagraphs:
``(H) the domestic and international cooperation needs and
goals of the Program, including those related to
infrastructure and the supply chain of quantum information
science, engineering, and technology; and
``(I) the degree to which quantum information science,
engineering, and technology--
``(i) is enhancing or can enhance--
``(I) the capabilities of the United States advanced
industrial economy; and
``(II) Federal, State, and local government capabilities
and services; and
[[Page S4010]]
``(ii) can protect or optimize critical infrastructure (as
such term is defined in section 1016(e) of Public Law 107-56
(42 U.S.C. 5195c(e))).'';
(3) in subsection (e)--
(A) by inserting ``through December 31, 2030'' after
``thereafter''; and
(B) by adding at the end the following new sentence: ``In
the first such report required after the date of the
enactment of the National Quantum Initiative Reauthorization
Act of 2026, the Advisory Committee shall assess the benefits
and opportunities to strengthen quantum communications
corridors in which Federal laboratories, institutions of
higher education, and other entities conducting quantum
information science, engineering, and technology research are
connected via quantum communication networks capable of
securely transmitting information.'';
(4) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively; and
(5) by inserting after subsection (d) the following:
``(e) Performance and Usefulness Assessment of National
Quantum Initiative Program.--
``(1) Annual evaluation required.--Not less frequently than
once each year, the Advisory Committee shall, in coordination
with the Subcommittee on Quantum Information Science, conduct
an evaluation of the effectiveness, progress, and usefulness
of activities carried out under the Program.
``(2) Elements.--Each evaluation under paragraph (1) shall
assess--
``(A) which Federal programs or activities within the
Program have made measurable progress toward program goals;
``(B) which Federal programs within the Program have
produced tangible scientific, workforce, or commercial
outcomes;
``(C) which programs or activities within the Program have
overlapping missions or duplicative structures;
``(D) resource utilization and return on investment of each
major component of the Program; and
``(E) barriers to performance or implementation of the
Program, including structural, regulatory, or administrative
challenges.
``(3) Report to congress.--Not later than March 1 of each
year, the Advisory Committee shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Energy and Natural Resources of the Senate, and
the Committee on Science, Space, and Technology of the House
of Representatives a report summarizing the findings of the
Advisory Committee with respect to the evaluation most
recently conducted under paragraph (1), including specific
recommendations for--
``(A) improvements to the Program;
``(B) consolidation or termination of programs or
activities within the Program; and
``(C) realignment of funding to high-impact areas within
the Program.
``(4) Public summary.--The Advisory Committee shall make a
public-facing summary of each report submitted under
paragraph (3) available on the website of the Advisory
Committee to promote transparency and accountability.''.
SEC. 6518. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY
IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.
Section 105 of the National Quantum Initiative Act (15
U.S.C. 8814a) is amended--
(1) in subsection (b)--
(A) in paragraph (10), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (11) as paragraph (12); and
(C) by inserting after paragraph (10) the following:
``(11) the National Aeronautics and Space Administration;
and''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``information science''
and inserting ``information science, engineering, and
technology'';
(B) in paragraph (2), by inserting ``or to supply chains''
before the semicolon;
(C) in paragraph (3), by inserting ``or supply chains''
before the semicolon;
(D) in paragraph (5)--
(i) by inserting ``, engineering, and technology'' after
``quantum information science''; and
(ii) by inserting ``any'' before ``export controls'';
(E) in paragraph (6), by striking ``information science''
and inserting ``information science, engineering, and
technology'';
(F) in paragraph (7), by striking ``and'' after the
semicolon;
(G) in paragraph (8)--
(i) by striking ``information science'' and inserting
``information science, engineering, and technology''; and
(ii) by striking the period and inserting a semicolon; and
(H) by adding at the end the following:
``(9) in coordination with the Subcommittee on Quantum
Information Science, identify opportunities to increase
coordination between civilian, military, and intelligence
quantum research entities, reduce unnecessary duplicative
quantum research activities, and facilitate collaboration
between quantum research agencies with specialized
capabilities or expertise in one or more aspects of quantum
information science, engineering, and technology; and
``(10) recommend strategies for attracting and retaining
students and scholars with expertise in quantum-related
fields to Federal departments and agencies.''.
SEC. 6519. INTERNATIONAL QUANTUM COOPERATION STRATEGY.
The National Quantum Initiative Act (15 U.S.C. 8801 et
seq.) is amended by inserting after section 105 the following
new section:
``SEC. 105A. INTERNATIONAL QUANTUM COOPERATION STRATEGY.
``(a) Strategy Required.--Not later than one year after the
date of the enactment of this section, the Director of the
Office of Science and Technology Policy shall, in
coordination with the Secretary of State and in consultation
with the Secretary of Commerce, the Secretary of Energy, the
Director of the National Science Foundation, the Director of
the National Institute of Standards and Technology, the
Administrator of the National Aeronautics and Space
Administration, and the heads of other Federal agencies, as
appropriate, develop and submit to the Committee on Commerce,
Science, and Transportation, the Committee on Energy and
Natural Resources, and the Committee on Foreign Relations of
the Senate, and the Committee on Science, Space, and
Technology and the Committee on Foreign Affairs of the House
of Representatives a strategy--
``(1) to establish collaborative international partnerships
to advance research and development, testing and evaluation,
and interoperability in quantum information science,
engineering, and technology with allies and partners of the
United States, and other countries, when in the security,
strategic, technological, and scientific interests of the
United States;
``(2) to ensure continued participation by the United
States in bilateral and multilateral efforts to advance
quantum information science, engineering, and technology on
the international stage, including programs to advance
research and development, testing and evaluation, and
interoperability in quantum information science, engineering,
and technology with allies and partners of the United States;
``(3) to promote the integrity and impartiality of
international standards organizations and processes related
to quantum information science, engineering, and technology;
and
``(4) to ensure responsible and ethical research and
development, testing and evaluation, and interoperability in
quantum information science, engineering, and technology.
``(b) Designation.--The strategy developed under subsection
(a) shall be known as the `International Quantum Cooperation
Strategy' (in this section referred to as the `Strategy').
``(c) Elements.--In the development of the Strategy, the
Director of the Office of Science and Technology Policy, the
National Quantum Coordination Office, the Subcommittee on
Quantum Information Science, the Subcommittee on the Economic
and Security Implications of Quantum Information Science, the
Secretary of State, and the relevant agencies shall consider
including the following:
``(1) The establishment of international partnerships to
advance research and development in quantum information
science, engineering, and technology.
``(2) Plans for diplomatic engagement with key strategic
allies and partners of the United States that have
demonstrated unique capabilities in one or more areas of
quantum information science, engineering, and technology.
``(3) Efforts and plans to address risks to the national
security and economic interests of the United States during
development and deployment of quantum technologies worldwide.
``(4) Efforts and plans to promote global development and
deployment of quantum technologies, including through
international engagement and leadership in the development of
international standards that are aligned with United States
national interests.
``(5) Efforts and plans to develop, attract, and retain
international talent.
``(6) The ability and risks of domestic manufacturers and
suppliers and those of allies and partners of the United
States to meet the needs of the global quantum supply chain,
including raw materials such as helium-3, plans for
engagement with allies and partners, manufacturers, and
suppliers, and options to mitigate gaps and vulnerabilities
in the global quantum supply chain.
``(7) A plan to safeguard research and technology supported
through international cooperation, as appropriate, in whole
or in part, including in quantum technologies critical to
national security, from malign influence, theft, or
exfiltration by foreign entities of concern.
``(8) As necessary, a description of such legislative or
administrative action as is needed to carry out the Strategy.
``(d) Briefing.--Not later than 30 days after the date on
which the Strategy is completed, the Director shall brief the
committees specified in subsection (a) on the Strategy.''.
SEC. 6520. PRIZE CHALLENGES.
The National Quantum Initiative Act (15 U.S.C. 8801 et
seq.) is amended--
(1) by redesignating section 106 as section 107; and
(2) by inserting after section 105A, as added by section
6519 of this Act, the following:
``SEC. 106. NATIONAL QUANTUM PRIZE CHALLENGES.
``(a) In General.--Subject to the availability of
appropriations, any head of a Federal agency with a
representative serving on
[[Page S4011]]
the Subcommittee on Quantum Information Science established
under section 103 may, individually or in cooperation with
one or more heads of Federal agencies--
``(1) conduct a prize competition under section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719), or such other prize competition authority as may be
available to the head of an agency, to accelerate the
development of applications and algorithms in quantum
information science, engineering, and technology; and
``(2) define a measurable set of performance goals for
participants in the prize competitions to demonstrate their
solutions on a level playing field while making a significant
advancement over the current state of the art.
``(b) Purpose.--Any prize competition carried out under
subsection (a) shall be for the purpose of stimulating
innovation to advance the ability of the United States to
achieve high-priority breakthroughs for applications in
quantum information science, engineering, and technology,
such as in quantum computing, quantum sensing, quantum
communications, quantum networking, quantum algorithms, and
quantum cryptography.
``(c) Coordination With Subcommittees.--Each prize
competition conducted under subsection (a) may be conducted
in coordination with members of the Subcommittee on Quantum
Information Science and the Subcommittee on the Economic and
Security Implications of Quantum Information Science.
``(d) Recommendations.--To assist in the administration of
this section, the Subcommittee on Quantum Information Science
may provide recommendations on key challenges in quantum
information science, engineering, and technology that would
be well suited for a prize competition under subsection (a).
The recommendations shall include a scope for efforts carried
out under such subsection.''.
SEC. 6521. SUNSET OF NATIONAL QUANTUM INITIATIVE.
Subsection (a) of section 107 of the National Quantum
Initiative Act (15 U.S.C. 8815), as redesignated by section
6510 of this Act, is amended to read as follows:
``(a) In General.--Except as provided in subsection (b),
the authority to carry out sections 101, 102, 103, 104, and
105 shall terminate on December 30, 2034.''.
SEC. 6522. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
ACTIVITIES AND QUANTUM CONSORTIUM.
Section 201 of the National Quantum Initiative Act (15
U.S.C. 8831) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``science and
technology'' and inserting ``science, engineering, and
technology'';
(B) in paragraph (2)--
(i) by inserting ``attract, educate, and'' before
``train''; and
(ii) by striking ``science and technology'' and inserting
``science, engineering, and technology'';
(C) by amending paragraph (3) to read as follows:
``(3) shall carry out research to facilitate the
development and standardization, as appropriate, of quantum
cryptography, post-quantum cryptography (as such term is
defined in section 3 of the Quantum Computing Cybersecurity
Preparedness Act (6 U.S.C. 1526 note; Public Law 117-260)),
and practices to replace cryptographic keys or algorithms
with minimal disruption to current applications and
systems;'';
(D) by amending paragraph (4) to read as follows:
``(4) shall carry out research, development, and
demonstration projects, as appropriate, to facilitate the
development of quantum applications, including research on
quantum supply chain-enabling technologies, such as lasers,
cryogenics, and other supporting technologies;'';
(E) by redesignating paragraphs (5), (6), and (7) as
paragraphs (7), (8), and (9), respectively;
(F) by inserting after paragraph (4) the following:
``(5) shall, in coordination with the Secretary of State,
promote United States participation in international
standards organizations related to quantum information
science, engineering, and technology;
``(6) shall establish or expand partnerships with the
public sector and private sector--
``(A) to accelerate the development of domestic quantum
supply chain and supply chain-supporting technologies;
``(B) to reduce quantum supply chain vulnerabilities; and
``(C) to avoid offshoring to, or dependence on, foreign
countries of concern for critical components of capabilities
in the quantum supply chain;'';
(G) in paragraph (7), as so redesignated, by striking
``infrastructure'' and inserting ``, communications, sensing,
and computing''; and
(H) in paragraph (8), as so redesignated--
(i) by inserting ``nonprofit research organizations,''
after ``universities,''; and
(ii) by striking ``and engineering'' and inserting ``,
engineering, and technology and expanding the domestic STEM
workforce'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``future measurement'' and inserting
``research, measurement''; and
(ii) by striking ``science and technology'' and inserting
``science, engineering, and technology'';
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) to gather and assess information on the quantum
industry to address the needs identified in paragraph (1);'';
and
(ii) by striking subparagraphs (B) and (C) and inserting
the following new subparagraphs:
``(B) to provide recommendations regarding how the National
Institute of Standards and Technology, the Program, and other
Federal agencies, as appropriate, can address the gaps in the
research necessary to meet the needs identified in paragraph
(1); and
``(C) to assess and identify key areas for establishing,
expanding, or developing international partnerships that will
meet the needs identified in paragraph (1).'';
(C) in paragraph (3)--
(i) by striking ``Not later than 2 years after the date of
the enactment of this Act, the'' and inserting ``The''; and
(ii) by inserting ``periodically, but not less frequently
than once every five years,'' after ``shall''; and
(D) by adding at the end the following new paragraph:
``(4) Sense of congress on coordination.--It is the sense
of Congress that, as may be appropriate, Federal agencies
that are involved in the transition or translation of
research results to practical quantum applications or that
have a mission that could benefit from the development of
quantum technologies, should engage with the consortium to
inform and accelerate progress in such areas.''; and
(3) by striking subsection (c) and inserting the following
new subsections:
``(c) Quantum Supply Chains.--
``(1) Mapping and planning.--The Assistant Secretary of
Commerce for Industry and Analysis shall carry out the
following activities:
``(A) Assess, map, and model supply chains for quantum
networking, quantum computing, quantum communications,
quantum simulation, and quantum sensing technologies and
applications.
``(B) Identify current and future high-priority gaps and
vulnerabilities in quantum supply chains, such as--
``(i) single points of failure, sole source, consolidated
manufacturing, or where there are limited United States and
partner national suppliers; and
``(ii) critical components, elements, materials, equipment,
and infrastructure.
``(C) Identify potential supply chain shocks to the quantum
supply chain that may disrupt, strain, or eliminate the
supply chain.
``(2) Study on critical quantum supply chains.--Not later
than 2 years after the date of the enactment of the National
Quantum Initiative Reauthorization Act of 2026, the Secretary
of Commerce and the Secretary of Energy shall jointly--
``(A) complete a study documenting the critical quantum
supply chains and identified high-priority gaps and
vulnerabilities; and
``(B) submit to the appropriate committees of Congress a
report on the findings with respect to the study completed
pursuant to subparagraph (A).
``(3) Recommendations for avoiding shocks to quantum supply
chains.--Not later than 2 years after the date of the
enactment of the National Quantum Initiative Reauthorization
Act of 2026, the Secretary of Commerce shall, in coordination
with the Secretary of Energy, the Director of the National
Science Foundation, the Secretary of Defense, the
Administrator of the National Aeronautics and Space
Administration, the Administrator of the Small Business
Administration, and the heads of such other Federal agencies
as the Secretary of Commerce considers relevant, develop and
submit to the appropriate committees of Congress specific
recommendations for actions to mitigate harm to quantum
supply chains from a supply chain shock.
``(4) Plan to strengthen and secure quantum supply
chains.--Not later than 3 years after the date of the
enactment of the National Quantum Initiative Reauthorization
Act of 2026, the Secretary of Commerce shall submit to the
appropriate committees of Congress a plan identifying
opportunities to strengthen supply chains and build capacity.
``(d) International Quantum Research and Metrology.--
``(1) In general.--The Director of the National Institute
of Standards and Technology shall, in coordination with the
Secretary of State and the Director of the National Science
Foundation, promote, establish, and support international
quantum information science, engineering, and technology
research, metrology research, and standardization, as
appropriate, to enhance international cooperation, meet
United States commitments, and support United States
engagement in international voluntary standards for quantum
information science, engineering, and technology.
``(2) Alignment.--In carrying out this section, the
Director of the National Institute of Standards and
Technology shall ensure alignment with the National Quantum
Information Science Strategy and the U.S. Government National
Standards Strategy for Critical and Emerging Technology, or
successor strategies.
``(3) Prohibitions.--
``(A) Confucius institutes.--None of the funds made
available under this subsection may be obligated or expended
to an institution of higher education that maintains a
[[Page S4012]]
contract or agreement between such institution and a
Confucius Institute (as defined in section 10339A of the
Research and Development, Competition, and Innovation Act (42
U.S.C. 19039)) or any successor of a Confucius Institute.
``(B) Foreign countries or entities of concern.--None of
the funds made available under this subsection may be
obligated or expended to promote, establish, or finance
quantum research activities between a United States entity
and a foreign country of concern or foreign entity of
concern, including the entity's subsidiaries, except such
restriction shall not apply to participation by award
recipients in consensus-based international standardization
activities.
``(e) Post-quantum Cryptography Deployment.--
``(1) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(ii) the Committee on Energy and Commerce of the House of
Representatives.
``(B) Classical computer; quantum computer.--The terms
`classical computer' and `quantum computer' have the meanings
given such terms in section 3 of the Quantum Computing
Cybersecurity Preparedness Act (Public Law 117-260; 6 U.S.C.
1526 note).
``(C) Critical infrastructure sectors.--The term `critical
infrastructure sectors' means the critical infrastructure
sectors defined in the National Security Memorandum on
`Critical Infrastructure Security and Resilience' (NSM-22),
dated April 30, 2024.
``(D) Post-quantum cryptography.--The term `post-quantum
cryptography'--
``(i) means those cryptographic algorithms or methods that
are assessed not to be specifically vulnerable to attack by
either a quantum computer or classical computer; and
``(ii) includes--
``(I) the lattice-based digital signature algorithm
specified in National Institute of Standards and Technology
Federal Information Processing Standards Publication 204
(dated August 13, 2024; relating to Module-Lattice-Based
Digital Signature Standard), or any successor standard;
``(II) the module-lattice-based key-encapsulation mechanism
specified in National Institute of Standards and Technology
Federal Information Processing Standards Publication 203
(dated August 13, 2024; relating to Module-Lattice-Based Key-
Encapsulation Mechanism Standard), or any successor standard;
and
``(III) any cryptographic algorithm or method implemented
in accordance with National Institute of Standards and
Technology Federal Information Processing Standard
Publication 140-3 (dated March 22, 2019; relating to Security
Requirements for Cryptographic Modules), or any successor
standard, operating within a zero trust architecture as
described in National Institute of Standards and Technology
Special Publication 800-207 (dated August 2020; relating to
Zero Trust Architecture), or any successor standard.
``(E) Sector risk management agency.--The term `sector risk
management agency' has the meaning given such term in section
2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
``(2) Guidance on upgrading to post-quantum cryptography.--
``(A) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Director of the
National Institute of Standards and Technology, in
consultation with the Director of the Office of Science and
Technology Policy, the Secretary of Homeland Security, and
the head of any other agency the Director of the National
Institute of Standards and Technology considers appropriate,
shall establish guidance for upgrading information systems to
post-quantum cryptography, including guidance that is
specifically tailored for critical infrastructure sectors.
``(B) Dissemination of guidance.--
``(i) In general.--The Director of the National Institute
of Standards and Technology shall make available to entities
in the private sector the guidance established under
subparagraph (A).
``(ii) Special publications.--The Director may satisfy the
requirement under clause (i) through the publication of
Special Publications.
``(3) Strategy for federal agency upgrade to post-quantum
cryptography.--
``(A) National quantum cybersecurity upgrade strategy.--The
Secretary of Commerce, in coordination with the Director of
the Office of Science and Technology Policy and in
consultation with the Quantum Economic Development Consortium
and the head of any other agency the Secretary of Commerce
considers appropriate, shall develop a National Quantum
Cybersecurity Upgrade Strategy that includes the following:
``(i) A definition of a cryptographically relevant quantum
computer.
``(ii) Recommended standards to apply to determine whether
a quantum computer meets such definition, including--
``(I) the characteristics of such computers; and
``(II) the particular point at which such computers are
capable of attacking real-world systems that classical
computers are unable to attack.
``(iii) Guidelines for assessing the urgency of upgrading
to post-quantum cryptography for each Federal agency relative
to--
``(I) the critical functions of each agency; and
``(II) the risk each agency faces should a
cryptographically relevant quantum computer attack a system
operated by the agency.
``(iv) Recommended performance measures for upgrading to
post-quantum cryptography for the following tasks:
``(I) Preparation for upgrading to post-quantum
cryptography, including--
``(aa) the adoption of hardware integrating quantum-
resistant cryptographic algorithms; and
``(bb) the deployment of software-only post-quantum
cryptography overlays that meet or exceed security standards
set forth in the Federal Information Processing Standards
issued by the National Institute of Standards and Technology.
``(II) Establishment of a baseline understanding of the
data inventory, including through the use of automated tools
to identify assets.
``(III) Planning and execution of post-quantum
cryptographic solutions, including ensuring that data at rest
and in motion is subject to appropriate protections.
``(IV) Monitoring and evaluating the success of the upgrade
and assessing the security of the system.
``(v) A plan for implementing the above performance
measures, including evaluating and monitoring entities that
are at high risk of quantum attacks, including sector risk
management agencies.
``(B) Report to congress.--Not later than 360 days after
the date of the enactment of this subsection, the Director of
the National Institute of Standards and Technology shall
submit to the appropriate congressional committees a report
that includes the National Quantum Cybersecurity Upgrade
Strategy developed under subparagraph (A).
``(4) Rule of construction.--Nothing in this section may be
construed to authorize the development or implementation of
any rulemaking or regulatory action for non-Federal entities.
``(f) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Director of the National Institute
of Standards and Technology to carry out this section
$85,000,000 for each of fiscal years 2026 through 2030.
``(2) Derivation of funds.--Amounts made available pursuant
to paragraph (1) for each of fiscal years 2026 and 2027 shall
be derived from amounts authorized to be appropriated for the
National Institute of Standards and Technology pursuant to
section 10211 of the Research and Development, Competition,
and Innovation Act (Public Law 117-167) for scientific and
technical research and services laboratory activities.''.
SEC. 6523. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
QUANTUM CENTERS.
Title II of the National Quantum Initiative Act is amended
by adding at the end the following new sections:
``SEC. 202. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
QUANTUM CENTERS.
``(a) Establishment.--
``(1) In general.--Subject to the availability of
appropriations, the Director of the National Institute of
Standards and Technology shall, in consultation with such
heads of other Federal departments and agencies as the
Director considers appropriate, carry out a program to
establish and operate at least 1, but not more than 3,
centers to accelerate research, development, deployment, and
standardization of quantum information science, engineering,
and technology.
``(2) Program details.--
``(A) Competitive, merit-based review process.--The centers
established and operated under paragraph (1) shall be
established through a competitive, merit-based review process
described in paragraph (5).
``(B) Applications.--An eligible applicant described in
subparagraph (C) seeking to establish and operate a center
described in paragraph (1) shall submit to the Director of
the National Institute of Standards and Technology an
application therefor at such time, in such manner, and
containing such information as the Director determines to be
necessary to evaluate the application using the criteria
described in paragraph (5).
``(C) Eligible applicants.--Eligible applicants described
in this subparagraph are the following:
``(i) Institutions of higher education.
``(ii) Nonprofit organizations.
``(iii) Multi-institution collaborations, including
multiple types of research institutions, private sector
entities, Federal laboratories, and nonprofit organizations,
or consortia thereof.
``(3) Selection of applications and prioritized topics.--
The Director of the National Institute of Standards and
Technology shall solicit proposals and prioritize the
following topics in the initial selection of applications
submitted under paragraph (2)(B), subject to merit-based
review (including review of the criteria described in
paragraph (5)):
``(A) Advancing quantum sensing and measurement
technologies.
``(B) Advancing the manufacturing and scale-up of quantum
systems and quantum-enabling technologies.
``(C) Addressing technology barriers to quantum networking
and communications.
``(4) Grants.--
``(A) In general.--The Director shall carry out the program
required by paragraph (1)
[[Page S4013]]
through the award of grants to eligible applicants seeking to
establish and operate centers under the program.
``(B) Duration of grant awards.--Subject to the
availability of appropriations, the duration of a grant
awarded under subparagraph (A) shall be a period of 5 years.
``(C) Renewal.--Subject to the availability of
appropriations, each grant awarded under subparagraph (A) may
be renewed for successive periods of 5 years following a
successful merit-based review by the Director.
``(D) Termination.--Consistent with the authorities of the
Institute, the Director may terminate a grant awarded under
subparagraph (A) for an underperforming center for cause
during the performance period of the grant.
``(5) Competitive, merit-based review process.--The
Director shall award grants under this subsection using a
formal, merit-based review process for evaluating
applications received by the Director under paragraph (2)(B)
that shall--
``(A) ensure that grants are awarded to the most
technically sound and strategically aligned quantum
technology proposals;
``(B) prioritize proposals that demonstrate strong
potential to enhance leadership by the United States in
quantum applications, quantum metrology, and the development
of quantum standards;
``(C) support initiatives that align with the strategic
goals of the National Institute of Standards and Technology
while avoiding unnecessary duplication of efforts led by
other Federal agencies;
``(D) facilitate a competitive, transparent, and objective
selection process, utilizing qualified subject-matter
experts; and
``(E) include appropriate consideration of project
feasibility, cost-effectiveness, technological maturity, and
risk mitigation.
``(b) Requirements.--To the maximum extent practicable,
centers established and operated under this section shall
serve the mission of the National Institute of Standards and
Technology, for the benefit of the broader United States
quantum information science community, for the following
purposes:
``(1) Advancing research and standardization in quantum
information science, engineering, and technology.
``(2) Advancing technology development.
``(3) Improving the competitiveness of the United States.
``(c) Coordination.--The Director of the National Institute
of Standards and Technology shall ensure coordination and
avoid unnecessary duplication of the activities carried out
under this section with existing activities of the Institute,
other activities carried out under this Act, and other
related programs, as appropriate.
``(d) Commercial Technology.--Each center established under
this section may leverage commercially available hardware and
software to carry out the activities described in subsection
(a), unless such hardware or software is manufactured in, or
by, a foreign country of concern.
``(e) Funding.--The Director of the National Institute of
Standards and Technology shall allocate up to $18,000,000 for
each center established under this section for each of fiscal
years 2026 through 2030, subject to the availability of
appropriations. Such amounts shall be derived from amounts
appropriated pursuant to section 10211 of the Research and
Development, Competition, and Innovation Act (Public Law 117-
167).
``(f) Briefing Requirements.--Not later than 1 year after
the date of the enactment of the National Quantum Initiative
Reauthorization Act of 2026, and not less frequently than
once each year thereafter, the Director of the National
Institute of Standards and Technology shall provide the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a briefing on current and
planned activities under this section.
``SEC. 203. RESEARCH SECURITY.
``The activities authorized under this title shall be
carried out in a manner consistent with subtitle D of title
VI of the Research and Development, Competition, and
Innovation Act (42 U.S.C. 19231 et seq.) and section 6432 of
the Servicemember Quality of Life Improvement and National
Defense Authorization Act for Fiscal Year 2025 (Public Law
118-159; 42 U.S.C. 7144b note).
``SEC. 204. COLLABORATION FOR QUANTUM APPLICATION DEVELOPMENT
ACCELERATION.
``(a) Definition of Near-term Use Case.--In this section,
the term `near-term use case' means--
``(1) in the case of an application that includes the
development of quantum computing hardware, an application
that can be developed and deployed in less than 3 years; or
``(2) in the case of an application that includes quantum
technologies in general, including quantum communication,
sensing, algorithm development for hybrid applications,
supply chain innovation, or demonstrations of computational
advantage, where new quantum computer hardware would not need
to be developed, an application that can be developed and
deployed in less than 18 months.
``(b) Establishment of Collaborative Venture for Quantum
Application Development Acceleration.--Consistent with the
activities authorized under this title, the Director of the
National Institute of Standards and Technology shall
establish or expand an existing collaborative venture or
consortia with other public or private sector entities--
``(1) for innovation and development of applications using
quantum information sciences with a focus on near-term use
cases; and
``(2) that can be used to develop and test demonstrations,
proofs of concept, and pilot applications.
``(c) Coordination and Engagement.--In carrying out
subsection (b), the Director shall --
``(1) coordinate activities with the members of the
Subcommittee on Quantum Information Science and the
Subcommittee on Economic and Security Implications of Quantum
Science; and
``(2) engage with the Quantum Economic Development
Consortium, the National Laboratories (as defined in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)),
federally funded research and development centers, and other
members of the United States quantum computing and quantum
information ecosystem, including industry.
``(d) Success Metrics.--In administering this section, the
Director shall, in consultation with the entities described
in subsection (c), define clear success metrics for the
quantum sandbox established under subsection (b).
``(e) Coordination.-- The Director shall ensure
coordination and avoid unnecessary duplication of the
activities carried out under this section with existing
activities of the Institute, other activities carried out
under this Act, and other related programs, as
appropriate.''.
SEC. 6524. FEASIBILITY STUDY ON MANUFACTURING USA INSTITUTE
FOR QUANTUM MANUFACTURING.
(a) Definition of Manufacturing USA Institute.--In this
section, the term ``Manufacturing USA institute'' has the
meaning given such term in section 34(d) of the National
Institute of Standards and Technology Act (15 U.S.C.
278s(d)).
(b) Study Required.--The Director of the National Institute
of Standards and Technology shall, in consultation with the
Secretary of Energy and the members of the Subcommittee on
Quantum Information Science and the Subcommittee on the
Economic and Security Implications of Quantum Science,
conduct a study on the feasibility of establishing or
supporting a Manufacturing USA institute focused on quantum
manufacturing, including manufacturing capabilities and
activities related to quantum computing (inclusive of all
modalities and qubit architectures), quantum sensing, and
quantum networking.
(c) Considerations.--In conducting the study under
subsection (b), the Director shall, to the maximum extent
practicable--
(1) determine the manufacturing capabilities necessary to
produce reliable quantum components and systems at scale and
identify gaps in access to such capabilities and limited
domestic sources;
(2) evaluate the extent to which such capabilities and gaps
are already addressed, or could reasonably be addressed, by
private industry, existing Manufacturing USA institutes, or
other Federal programs;
(3) evaluate existing Federal and non-Federal efforts
relating to quantum computing, quantum sensing, and quantum
networking to determine whether any proposed Manufacturing
USA institute would duplicate or overlap with ongoing
activities;
(4) evaluate whether and to what extent barriers to
technology development and transition, including those
associated with moving from early-stage research to scaled
production, are persistent and not already being addressed
through private sector investment or existing Federal
programs;
(5) evaluate the feasibility of supporting domestic
activities that include the capability to design, fabricate,
and test materials, devices, structures, and manufacturing
processes for quantum technologies or systems;
(6) evaluate the full lifecycle costs of establishing,
operating, and sustaining a Manufacturing USA institute for
quantum manufacturing, including long-term Federal funding
requirements, administrative costs, and risks of cost
escalation;
(7) evaluate alternative approaches, including leveraging
existing Manufacturing USA institutes, targeted competitive
grants, public-private partnerships, or other mechanisms that
may more efficiently address identified barriers to
technology development and transition; and
(8) evaluate the estimated economic impact associated with
the establishment of a Manufacturing USA institute described
in subsection (b), including impacts on regional economies,
suppliers, and job growth.
(d) Report to Congress.--Not later than 1 year after the
date of the enactment of this Act, the Director shall submit
to Congress a report describing the findings of the Director
with respect to the study conducted under subsection (b).
SEC. 6525. NATIONAL SCIENCE FOUNDATION QUANTUM INFORMATION
SCIENCE RESEARCH AND EDUCATION ACTIVITIES.
Section 301 of the National Quantum Initiative Act (15
U.S.C. 8841) is amended--
(1) in the section heading, by inserting ``, engineering,
and technology'' after ``science'';
(2) in subsection (a), by striking ``science and
engineering'' and inserting ``science, engineering, and
technology'';
(3) in subsection (b)--
(A) in paragraph (1)--
[[Page S4014]]
(i) in subparagraph (A), by striking ``science and
engineering'' and inserting ``science, engineering, and
technology''; and
(ii) in subparagraph (B)--
(I) by striking ``human resources'' and inserting
``education and workforce''; and
(II) by striking ``science and engineering'' and inserting
``science, engineering, and technology''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by striking ``science and engineering'' and inserting
``science, engineering, and technology''; and
(bb) by striking ``and'' after the semicolon;
(II) in clause (ii), by inserting ``and'' after the
semicolon; and
(III) by adding at the end the following:
``(iii) to pursue research at the frontiers of quantum
information science, engineering, and technology, and explore
solutions to important challenges for the development and
application of quantum technologies;'';
(ii) in subparagraph (B), by striking ``science and
engineering'' and inserting ``science, engineering, and
technology''; and
(iii) in subparagraph (C), by striking ``science and
engineering'' and inserting ``science, engineering, and
technology'';
(4) by striking subsection (c) and inserting the following:
``(c) Student Traineeships, Fellowships, and Other
Models.--
``(1) Quantum traineeships.--The Director of the National
Science Foundation, in consultation with heads of Federal
agencies as the Director considers appropriate, may use
existing programs to make awards to institutions of higher
education or nonprofit organizations (or consortia thereof)--
``(A) to provide traineeships to graduate students at
institutions of higher education within the United States who
are citizens of the United States and who choose or plan to
pursue master or doctoral degrees in quantum information
science, engineering, and technology, or related fields; and
``(B) to provide such graduate students with opportunities
for research experiences in government or industry related to
such students' quantum studies.
``(2) Quantum fellowships and scholarships.--
``(A) In general.--The Director of the National Science
Foundation, in consultation with heads of Federal agencies as
the Director considers appropriate, may use existing programs
to support fellowships and scholarships for students at
institutions of higher education for the purpose of--
``(i) increasing quantum information science, engineering,
and technology exposure for undergraduate and graduate STEM
students; and
``(ii) increasing postgraduation employment opportunities
for STEM students who demonstrate potential to pursue careers
in quantum information science, engineering, and technology.
``(B) Requirements.--An eligible participant in the
fellowship and scholarship program under this paragraph
shall--
``(i) be enrolled in or have graduated from a STEM degree
program at an institution of higher education within the
United States; and
``(ii) have demonstrated interest in quantum information
science, engineering, and technology, such as by taking not
less than 1 quantum science or quantum-relevant course as
part of the participant's degree program or by participating
in a summer school program that focuses on quantum
information science, engineering, and technology.
``(C) Considerations.--Eligible fellowships and scholarship
programs under this paragraph may include temporary quantum-
related positions at Federal or State agencies, National
Laboratories, private sector entities, institutions of higher
education, the quantum centers established under section 202,
the Multidisciplinary Centers for Quantum Research and
Education established under section 302, the National Quantum
Information Science Research Centers established under
section 402, and the initiatives established under section
503, or other quantum-relevant entities, as determined
appropriate by the Director.
``(D) Competitive awards.--Fellowships and scholarships
awarded under this paragraph shall be competitively awarded
through a merit-based review process. The Director of the
National Science Foundation may prioritize fellowships that
include an industry partner that provides financial
assistance to awardees for direct or indirect costs.
``(3) Quantum research experiences for undergraduates.--The
Director of the National Science Foundation shall seek to
increase opportunities for quantum research for undergraduate
students by encouraging proposals in quantum information
science, engineering, and technology, through the research
experiences for undergraduates provided under section 514 of
the America COMPETES Reauthorization Act of 2010 (42 U.S.C.
1862p-6).
``(4) Cooperative education programs.--The Director of the
National Science Foundation, in consultation with heads of
Federal agencies the Director considers appropriate, may
establish, or use existing, programs to support cooperative
education programs between institutions of higher education
and employers that increase opportunities for undergraduate
students to acquire experiential learning and professional
experiences in quantum information science, engineering, and
technology.
``(5) Partnerships.--In carrying out the activities under
this subsection, the Director of the National Science
Foundation shall encourage recipients of awards under this
subsection to partner with relevant Federal agencies, Federal
laboratories, industry and other private sector
organizations, and nonprofit organizations to facilitate the
expansion of workforce pathways and hands-on learning
experiences.'';
(5) in subsection (d)--
(A) in the subsection heading, by striking ``QISE'' and
inserting ``QISET'';
(B) in paragraph (1)--
(i) by striking ``information science and engineering
(referred to in this subsection as `QISE')'' and inserting
``information science, engineering, and technology (referred
to in this subsection as `QISET')'';
(ii) by striking ``at all education levels, including
community colleges'' and inserting ``at appropriate education
levels, including community colleges and career and technical
education entities'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking ``QISE'' and inserting
``quantum information science, engineering, and technology'';
(ii) by striking subparagraph (C);
(iii) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively;
(iv) in subparagraph (C), as so redesignated--
(I) by inserting ``, engineering, and technology'' after
``science''; and
(II) by inserting ``, including those principles relevant
to emerging technologies, such as artificial intelligence,
microelectronics, and nanotechnology'' after ``fields''; and
(v) by inserting after subparagraph (D), as so
redesignated, the following:
``(E) Methods to introduce security dimensions associated
with quantum information science, engineering, and technology
into STEM curricula.'';
(D) in paragraph (3), by striking ``QISE'' and inserting
``quantum information science, engineering, and technology'';
and
(E) by striking paragraph (4); and
(6) by adding at the end the following:
``(e) International Research on Quantum Information
Science, Engineering, and Technology.--
``(1) In general.--The Director of the National Science
Foundation, in coordination with the Secretary of State and
the heads of other Federal agencies, as appropriate, shall
support international quantum information science,
engineering, and technology research, as appropriate, to
enhance international cooperation and meet United States
commitments, including as part of the terms and conditions of
bilateral or multilateral quantum information science,
engineering, and technology research agreements.
``(2) Alignment.--In carrying out this subsection, the
Director of the National Science Foundation shall ensure
alignment with the national strategy for quantum information
science in accordance with Executive Order 14073 (87 Fed.
Reg. 27909; relating to enhancing the National Quantum
Initiative Advisory Committee) or successor strategies.
``(3) Priority.--The Director shall prioritize research
programs with countries that have signed a quantum
cooperation statement with the United States.
``(4) Restrictions.--
``(A) Confucius institutes.--None of the funds made
available under this subsection may be obligated or expended
to an institution of higher education that maintains a
contract or agreement between such institution and a
Confucius Institute, as defined in section 10339A of the
Research and Development, Competition, and Innovation Act (42
U.S.C. 19039) or any successor of a Confucius Institute.
``(B) Foreign country of concern and foreign entity of
concern.--None of the funds made available under this
subsection may be obligated or expended to promote,
establish, or finance quantum research activities between a
United States entity and a foreign country of concern or
foreign entity of concern, including the entity's
subsidiaries.
``(f) Upgrading and Improving Access to Quantum Research
Resources.--
``(1) In general.--In carrying out the activities described
in this section, the Director of the National Science
Foundation, in consultation with the heads of other Federal
departments and agencies, as appropriate, shall award grants
to institutions of higher education or eligible nonprofit
organizations (or consortia thereof) to upgrade research
facilities and improve access to research resources, such as
equipment and instrumentation, that is needed for research
and development in quantum information science, engineering,
and technology.
``(2) Purpose.--Grants under paragraph (1) shall be used to
facilitate quantum information science, engineering, and
technology research and development, including by carrying
out the following:
``(A) Upgrading or adding research resources to--
``(i) accelerate the development of quantum technologies,
including capabilities focused on addressing the roadblocks
to implementation; and
``(ii) meet the materials, advanced materials development,
high-performance computing, heterogeneous computing,
networking, software, data, clean room, and device needs of
the scientific community and the quantum supply chain.
[[Page S4015]]
``(B) Enhancing access to equipment and instrumentation,
including at partnering institutions, by facilitating
information sharing, coordination, education, and training,
including activities that provide meaningful hands-on
learning experiences for students, including at community and
technical colleges.
``(C) Enabling professional staff to support the operation,
scheduling, and improvement of research resources used for
quantum information science, engineering, and technology.
``(D) Expanding access for industry to quantum research
infrastructure by prioritizing the placement of equipment and
instrumentation in user-access facilities that support rapid
iteration, including regional technology hubs, industry
parks, co-locations operated by institutions of higher
education and industry, and private sector testbeds.
``(3) Requirements.--An institution of higher education or
an eligible nonprofit organization (or a consortium thereof)
seeking funding under this subsection shall submit to the
Director of the National Science Foundation an application at
such time, in such manner, and containing such information as
the Director may require.''.
SEC. 6526. MULTIDISCIPLINARY CENTERS FOR QUANTUM RESEARCH AND
EDUCATION.
Section 302 of the National Quantum Initiative Act (15
U.S.C. 8842) is amended--
(1) in subsection (a), by striking ``5'' and inserting
``8'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``science and
engineering'' and inserting ``science, engineering, and
technology'';
(B) in paragraph (2), by striking ``and engineering'' and
inserting ``, engineering, and technology, including
leveraging or expanding activities established pursuant to
section 301(d)'';
(C) in paragraph (3), by inserting ``, such as commercially
available hardware and software'' after ``resources''; and
(D) by adding at the end the following:
``(4) supporting research and development in enabling
fields essential to the advancement of quantum information
science, engineering, and technology, including materials
science, fabrication science, and physics;
``(5) encouraging the establishment of multidisciplinary
quantum research and education centers that leverage existing
domestic infrastructure, including data centers and
communications networks, to support the demonstration and
field application of quantum technologies; and
``(6) promoting partnerships with industry to accelerate
technology transfer and support domestic quantum
innovation.'';
(3) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``quantum science,''
and inserting ``quantum information science, engineering, and
technology,'';
(B) in subparagraph (B), by inserting ``biotechnology,''
after ``chemistry,'';
(C) in subparagraph (D), by striking ``and'' after the
semicolon;
(D) in subparagraph (E), by striking the period and
inserting a semicolon; and
(E) by adding at the end the following:
``(F) how the Center will participate in international
collaborations, as appropriate, to build a trusted global
research network with allies and partners of the United
States and other countries that share values with the United
States;
``(G) how the Center will protect research from foreign
countries of concern and foreign entities of concern, and the
subsidiaries of such foreign entities, to ensure the
competitiveness of the United States; and
``(H) how the Center will regularly assess and report on
progress toward achieving self-sustainability, including
metrics, milestones, and a timeline for meeting the long-term
goal described in subparagraph (E).'';
(4) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Reapplication.--An awardee may reapply for an
additional subsequent period of 5 years following a
successful merit-based review.'';
(5) in subsection (f), by striking ``2019 through 2023''
and inserting ``2026 through 2030''; and
(6) by adding at the end the following:
``(g) Consultation With Regional Technology and Innovation
Hubs.--
``(1) In general.--In carrying out the activities of the
Multidisciplinary Centers for Quantum Research and Education
under this section, the Director of the National Science
Foundation shall consult with the Secretary of Commerce
regarding opportunities for such centers to engage in
research and development activities with regional technology
and innovation hubs designated under section 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3722a) that have a primary focus on quantum information
science, engineering, and technology.
``(2) Consultation.--Consultation under paragraph (1) may
include discussion of--
``(A) opportunities to align Federal research priorities
with the research, development, technology translation, and
workforce development activities of the designated regional
technology and innovation hubs; and
``(B) opportunities for researcher exchange programs and
sharing of facilities between the centers and the hubs.
``(3) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to transfer the ownership or administrative control
of any research facility; or
``(B) to alter the existing authorities or mission-related
responsibilities of the Federal agencies, companies, or
institutions that own or operate such facilities.
``(h) Briefing Requirements.--Not later than 1 year after
the date of the enactment of the National Quantum Initiative
Reauthorization Act of 2026, and not less frequently than
annually thereafter, the Director of the National Science
Foundation shall brief the appropriate committees of Congress
on current and planned activities under this section. Each
briefing shall include--
``(1) an assessment of how each Center is progressing
toward the goal of self-sustainability described in
subsection (d)(2)(E); and
``(2) a summary of the most recent reports submitted by the
Centers regarding such progress in accordance with subsection
(d)(2)(H).''.
SEC. 6527. QUANTUM TESTBEDS; RESEARCH SECURITY.
Title III of the National Quantum Initiative Act (15 U.S.C.
8841 et seq.) is amended by adding at the end the following:
``SEC. 303. QUANTUM TESTBEDS.
``(a) In General.--Not later than 1 year after the date of
enactment of the National Quantum Initiative Reauthorization
Act of 2026, the Director of the National Science Foundation,
in coordination with the Director of the National Institute
of Standards and Technology, the Secretary of Energy, the
Administrator of the National Aeronautics and Space
Administration, and the heads of other Federal agencies, as
determined appropriate by the Director of the National
Science Foundation, shall make awards on a competitive,
merit-based review basis to institutions of higher education,
nonprofit organizations, federally funded research and
development centers, or consortia thereof, to establish
testbeds focused on quantum applications.
``(b) Purposes.--The quantum testbeds established under
subsection (a) shall focus on advancing early-stage quantum
research toward validated and deployable quantum
applications, as determined by the Director of the National
Science Foundation, through proof-of-concept testing,
demonstrations, pilot projects, benchmarking, and
prototyping, by--
``(1) supporting translational quantum research and
development activities for quantum application use cases,
including, for testbeds featuring quantum software and
quantum algorithms driving toward utility, leveraging
approaches such as algorithm innovation and tools such as
resource estimators;
``(2) providing accessible research resources for
developing, testing, and benchmarking the application of
quantum technologies to likely use cases, including enabling
quantum cloud access;
``(3) investing in quantum computing technologies that show
promise for viability, including directing funding to advance
each layer of the stack and related systems engineering and
integration;
``(4) demonstrating feasibility and establishing cost and
benefit to facilitate transition to real-world applications
or agency adoption; and
``(5) supporting the co-location of quantum
instrumentation, fabrication, and enabling technologies
within testbeds and affiliated user-access facilities to
enable rapid prototyping, iteration, and scale-up for
industry.
``(c) Applications.--An applicant for an award under this
section shall submit to the Director of the National Science
Foundation an application at such time, in such manner, and
containing such information as the Director determines to be
necessary to evaluate the application using the criteria
described in subsection (d). The application shall, at a
minimum, describe the following:
``(1) How the applicant will assemble a workforce with the
skills needed to operate a quantum testbed.
``(2) How the applicant will ensure broad access to a
quantum testbed, including for start-ups and research
institutions.
``(3) How a quantum testbed will operate after Federal
funding has ended.
``(4) How the applicant will contribute to the quantum
testbed, such as through funding or other resources required
to develop quantum applications.
``(5) How the applicant will protect any research or
advancements made as a result of using the quantum testbed.
``(6) How the applicant will facilitate transition of
testbed outcomes to subsequent development stages, including
real-world applications or agency use.
``(d) Competitive, Merit-based Review Process.--The
Director of the National Science Foundation shall select
applications submitted under subsection (c) for awards using
a formal merit-based review process that shall--
``(1) ensure that applications selected are the most
technically sound and strategically aligned;
``(2) prioritize applications that demonstrate strong
potential to enhance United States leadership in quantum
applications;
``(3) support initiatives that align with the strategic
goals of the National Science Foundation while avoiding
unnecessary duplication of efforts led by other Federal
agencies;
``(4) facilitate a competitive, transparent, and objective
selection process, utilizing qualified subject-matter
experts; and
``(5) include appropriate consideration of application
feasibility, cost-effectiveness, technological maturity, and
risk mitigation.
[[Page S4016]]
``(e) Prioritization.--In awarding grants under this
section, the Director of the National Science Foundation
shall prioritize the following:
``(1) Applicants that ensure that not less than 25 percent
of the cost for a quantum testbed established under this
section is provided by private or non-Federal entities,
including through in-kind contributions.
``(2) Awards for consortia that include quantum industry
participation.
``(3) Applicants that demonstrate a plan for transitioning
quantum testbed outcomes, including through partnerships with
industry or Federal agency end-users.
``(f) Roles and Responsibilities.--The Director of the
National Science Foundation shall be responsible for the
following:
``(1) Maintaining a record of notable outcomes from each
quantum testbed established under this section.
``(2) Partnering with other Federal agencies to enable
opportunities for quantum testbed outcomes to be transitioned
to such agencies in alignment with the missions of such
agencies.
``(3) Not later than 1 year after the date of the enactment
of the National Quantum Initiative Reauthorization Act of
2026 and every 2 years thereafter until December 31, 2030,
briefing the appropriate committees of Congress on the status
of such quantum testbeds and providing recommendations for
improving such quantum testbeds.
``(g) Coordination.--In supporting quantum testbeds
established under this section, the Director of the National
Science Foundation shall ensure coordination with other
testbeds and other quantum facilities hosting Federal quantum
technology and infrastructure supported by the National
Science Foundation, including those testbeds and facilities
authorized pursuant to section 10390 of the Research and
Development, Competition, and Innovation Act (42 U.S.C.
19110), or by other Federal agencies as determined
appropriate by the Director, to avoid duplication and
maximize use of Federal resources.
``(h) Stakeholder Collaboration.--In carrying out this
section, the Director of the National Science Foundation
shall collaborate with the Quantum Consortium established
pursuant to section 201(b) to accomplish the purposes of the
quantum testbeds program described in subsection (b) and
ensure there is strong collaboration with industry
stakeholders. The Director may also engage with National
Laboratories, federally funded research and development
centers, industry, and other members of the United States
quantum ecosystem.
``SEC. 304. RESEARCH SECURITY.
``(a) Research Security.--The activities authorized under
this title shall be carried out in a manner consistent with
subtitle D of title VI of the Research and Development,
Competition, and Innovation Act (42 U.S.C. 19231 et seq.).
``(b) Review of Visitors and Assignees From Countries of
Risk.--The Director of the National Science Foundation shall
establish policies and procedures to assess and screen
visitors and assignees to National Science Foundation-
supported facilities that are similar, to the extent
practicable, to the policies and procedures regarding
visitors and assignees to the National Laboratories that were
established in accordance with section 6432 of the
Servicemember Quality of Life Improvement and National
Defense Authorization Act for Fiscal Year 2025 (42 U.S.C.
7144b note).''.
SEC. 6528. NATIONAL SCIENCE FOUNDATION CRYPTOGRAPHY RESEARCH.
Section 4(a)(1)(A) of the Cyber Security Research and
Development Act (15 U.S.C. 7403) is amended by inserting ``,
including post-quantum cryptography (as such term is defined
in section 3 of the Quantum Computing Cybersecurity
Preparedness Act (6 U.S.C. 1526 note; Public Law 117-260))''
before the semicolon.
SEC. 6529. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
QUANTUM ACTIVITIES.
(a) In General.--The National Quantum Initiative Act (15
U.S.C. 8801 et seq.) is amended by adding at the end the
following new title:
``TITLE V--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION QUANTUM
ACTIVITIES
``SEC. 501. DEFINITION OF ADMINISTRATOR.
``In this title, the term `Administrator' means the
Administrator of the National Aeronautics and Space
Administration.
``SEC. 502. QUANTUM INFORMATION SCIENCE, ENGINEERING, AND
TECHNOLOGY RESEARCH FOR SPACE AND AERONAUTICS.
``(a) In General.--The Administrator is authorized to carry
out research on quantum information science, engineering, and
technology.
``(b) Cooperation.--In carrying out subsection (a), the
Administrator--
``(1) shall consider cooperative arrangements with the
Department of Energy and other Federal Government agencies,
as practicable, on areas of shared benefit; and
``(2) may enter into memoranda of understanding or
memoranda of agreement to establish such cooperative
arrangements.
``(c) Strategy.--Not later than 180 days after the date of
the enactment of this title, the Administrator shall submit
to the appropriate committees of Congress a strategy for
National Aeronautics and Space Administration research on
quantum information science, engineering, and technology. The
strategy shall identify resources required to support
implementation of the strategy, including budgets, workforce,
and infrastructure, describe cooperative efforts with other
Federal Government agencies, and address areas of research
and applications, including the following:
``(1) Quantum sensing.
``(2) Quantum networking.
``(3) Quantum communications, including quantum satellite
communications.
``(4) Quantum computing.
``(5) Science, aeronautics, and exploration-related
applications.
``(6) Any other area of quantum information, science,
engineering, and technology that furthers the mission of the
National Aeronautics and Space Administration and is
consistent with the purposes of this Act, as the
Administrator considers appropriate.
``(d) Consultation.--In developing the strategy described
in subsection (c), the Administrator may seek input from
relevant external stakeholders, including institutions of
higher education, industry, and nonprofit research
organizations.
``SEC. 503. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
QUANTUM INITIATIVES.
``(a) In General.--Subject to the availability of
appropriations, the Administrator, in consultation with the
heads of other Federal departments and agencies, as
appropriate, may establish one or more initiatives focused on
space and aeronautics applications of quantum information
science, engineering, and technology.
``(b) Initiative Details.--
``(1) Merit-based review process.--
``(A) In general.--The Administrator shall develop and
implement a formal, merit-based review process for evaluating
proposals, applications, and initiatives submitted to the
National Aeronautics and Space Administration with respect to
the research, development, or deployment of quantum
technologies with potential relevance to the civil space and
aeronautics missions of the National Aeronautics and Space
Administration.
``(B) Criteria.--The process established under subparagraph
(A) shall be designed--
``(i) to ensure taxpayer dollars are directed to the most
technically sound and strategically aligned quantum
technology proposals;
``(ii) to prioritize applications that demonstrate strong
potential to enhance United States leadership in space-based
quantum applications, including sensing, navigation,
communications, simulation, and computing;
``(iii) to support initiatives that align with the
strategic goals of the National Aeronautics and Space
Administration and avoid unnecessary duplication of efforts
led by other Federal agencies;
``(iv) to facilitate a competitive, transparent, and
objective selection process using qualified subject-matter
experts; and
``(v) to include appropriate consideration of project
feasibility, cost-effectiveness, technological maturity, and
risk mitigation.
``(2) Application requirements.--An applicant under this
section shall submit to the Administrator an application at
such time, in such manner, and containing such technical,
programmatic, and budgetary information as the Administrator
determines necessary to evaluate the application through the
review process developed under paragraph (1).
``(3) Eligible applicants.--In carrying out the process
under paragraph (1), the Administrator shall consider
applications from institutions of higher education, research
centers, multi-institutional collaborations, and any other
entity the Administrator considers appropriate.
``(4) Collaborations.--A collaboration that receives an
award under this section may include multiple types of
research institutions, including institutions of higher
education, private sector entities, and nonprofit
organizations.
``(5) Coordination and accountability.--The Administrator
shall ensure that an awardee under this section--
``(A) coordinates with the National Aeronautics and Space
Administration, including by identifying personnel designated
to serve as program liaisons for technical and programmatic
oversight; and
``(B) avoids unnecessary duplication of existing activities
of the National Aeronautics and Space Administration, other
activities carried out under the National Quantum Initiative
Reauthorization Act of 2026 or the amendments made by that
Act, and other related programs.
``(6) Commercial technology.--An initiative established
under this section may leverage commercially available
hardware and software to carry out the activities described
in subsection (c).
``(c) Initiative Activities.--An initiative established
under this section may carry out activities that--
``(1) support research focused on developing and
demonstrating space, aeronautics, and exploration
applications for quantum information science, engineering,
and technology, including research relating to the strategy
developed under section 502(c); and
``(2) support quantum information science, engineering, and
technology education and public outreach.
``(d) Initiative Requirements.--To the maximum extent
practicable, an initiative established under this section
shall serve the needs of the National Aeronautics and Space
Administration for the benefit of the broader
[[Page S4017]]
United States quantum information science community, for the
purpose of advancing space and aeronautics applications in
quantum information science, engineering, and technology, and
improving the competitiveness of the United States.
``(e) Initiative Selection and Duration.--
``(1) In general.--Subject to the availability of
appropriations, an initiative established under this section
may carry out activities for a period of 5 years.
``(2) Reapplication.--Subject to the availability of
appropriations, an awardee may reapply for an additional
subsequent period of 5 years following a successful merit-
based review.
``(3) Termination.--Consistent with the authorities of the
National Aeronautics and Space Administration, the
Administrator may terminate the initiative for cause during
the performance period.
``SEC. 504. RESEARCH SECURITY.
``The activities authorized under this title shall be
carried out in a manner consistent with--
``(1) subtitle D of title VI of the Research and
Development, Competition, and Innovation Act (42 U.S.C. 19231
et seq.); and
``(2) section 6432 of the Servicemember Quality of Life
Improvement and National Defense Authorization Act for Fiscal
Year 2025 (42 U.S.C. 7144b note; Public Law 118-159).
``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
``The Administrator shall allocate up to $25,000,000 for
each of fiscal years 2026 through 2030 to carry out this
title, subject to the availability of appropriations. Amounts
made available to carry out this title shall be derived from
amounts appropriated or otherwise made available to the
National Aeronautics and Space Administration.''.
SEC. 6530. COMPTROLLER GENERAL REVIEW AND REPORT.
(a) Review.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall conduct a review of existing processes and
reporting requirements associated with research and
development programs established within the National
Institute of Standards and Technology, the National Science
Foundation, and the Department of Energy pursuant to the
National Quantum Initiative Act (15 U.S.C. 8801 et seq.) to
identify potential opportunities--
(1) to reduce duplicative and unnecessary paperwork and
reporting requirements without compromising security,
transparency, and accountability; and
(2) to expedite access to facilities and equipment of the
Federal Government for researchers affiliated with such
programs.
(b) Research and Development Programs Covered.--The review
required under subsection (a) shall cover all research and
development programs established pursuant to sections 201,
302, 402, 403, and 404 of the National Quantum Initiative Act
(15 U.S.C. 8831, 8842, 8852, 8853, and 8854).
(c) Report.--Not later than 180 days after completing the
review under subsection (a), the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation and the Committee on Energy and Natural
Resources of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives a report on
the findings of the review, which shall include
recommendations relating to paragraphs (1) and (2) of such
subsection.
SEC. 6531. REVIEW OF REGULATORY BARRIERS TO QUANTUM
INFORMATION SCIENCE, ENGINEERING, AND
TECHNOLOGY DEVELOPMENT.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' has the meaning given
such term in section 2 of the National Quantum Initiative Act
(15 U.S.C. 8801).
(2) Quantum information science, engineering, and
technology.--The term ``quantum information science,
engineering, and technology'' has the meaning given such term
in section 2 of the National Quantum Initiative Act (15
U.S.C. 8801), as amended by section 6512 of this Act.
(b) Review and Assessment Required.--Not later than 540
days after the date of the enactment of this Act, the
Director of the Office of Science and Technology Policy
shall, in coordination with the National Quantum Coordination
Office, conduct a review to identify and assess any existing
or potential regulatory barriers that inhibit research,
development, deployment, or scaling of quantum information
science, engineering, and technology.
(c) Elements.--The review and assessment conducted pursuant
to subsection (b) shall include the following:
(1) An inventory of existing Federal regulations, policies,
and guidance documents that are applicable to quantum
information science, engineering, and technology.
(2) An analysis of whether regulations, policies, and
guidance inventoried pursuant to paragraph (1) impose undue
burdens on academic, private sector, or government-led
quantum information science, engineering, and technology
research or development.
(3) Recommendations to modernize, streamline, or eliminate
duplicative or outdated regulatory barriers identified
pursuant to subsection (b).
(4) Input from stakeholders across industry, academia, and
the National Laboratories with respect to such regulatory
barriers.
(5) Recommended actions to harmonize regulatory
requirements relating to quantum information science,
engineering, and technology across Federal agencies where
inconsistencies exist.
(d) Report.--Not later than 180 days after the date on
which the Director completes the review and assessment
required by subsection (b), the Director shall submit to the
appropriate congressional committees a report detailing the
findings and recommendations described in subsection (c).
(e) Quinquennial Updates.--Not later than 5 years after the
date on which the Director completes the review and
assessment required by subsection (b), and every 5 years
thereafter, the Director shall update the review and
assessment required by subsection (b) and submit to the
appropriate congressional committees an updated report
detailing the findings and recommendations of the Director.
SEC. 6532. SUNSET OF NATIONAL NANOTECHNOLOGY PROGRAM.
(a) Sunset of National Nanotechnology Program.--The
National Nanotechnology Program (in this section referred to
as the ``Program'') and the authorities and requirements of
the 21st Century Nanotechnology Research and Development Act
(15 U.S.C. 7501 et seq.) are terminated on the date that is
180 days after the date of the enactment of this Act.
(b) Wind-down.--The Director of the Office of Science and
Technology Policy shall take such actions as may be necessary
to terminate and wind down the Program before the date
specified in subsection (a).
(c) Plan and Briefing.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Science and Technology Policy shall provide 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 briefing in which the Director shall
present a plan on how the Director will carry out subsection
(b).
(2) Elements.--The plan presented under paragraph (1)
shall--
(A) ensure minimal disruption to ongoing federally funded
research and development activities;
(B) ensure transfer or reassignment of nanotechnology
research infrastructure programs and facilities to minimize
disruption of researcher access to critical tools that
support other national priorities;
(C) provide for the orderly disposition or transfer of
active grants, contracts, and personnel associated with the
National Nanotechnology Coordination Office established under
section 3(a) of the 21st Century Nanotechnology Research and
Development Act (15 U.S.C. 7502(a));
(D) identify any relevant responsibilities that should be
reassigned to existing programs at the Office of Science and
Technology Policy; and
(E) minimize duplication and ensure fiscal efficiency in
the conclusion of the Program.
SEC. 6533. CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the National
Quantum Initiative Act is amended as follows:
(1) By inserting after the item relating to section 105 the
following new items:
``Sec. 105A. International Quantum Cooperation Strategy.
``Sec. 106. National quantum prize challenges.''.
(2) By inserting after the item relating to section 201 the
following new items:
``Sec. 202. National Institute of Standards and Technology Quantum
Centers.
``Sec. 203. Research security.
``Sec. 204. Collaboration For Quantum Application Development
Acceleration.''.
(3) By striking the item relating to section 301 and
inserting the following new item:
``Sec. 301. Quantum information science, engineering, and technology
research and education program.''.
(4) By inserting after the item relating to section 302 the
following new items:
``Sec. 303. Quantum testbeds.
``Sec. 304. Research security.''.
(5) By adding at the end the following new items:
``TITLE V--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION QUANTUM
ACTIVITIES
``Sec. 501. Definition of Administrator.
``Sec. 502. Quantum information science, engineering, and technology
research for space and aeronautics.
``Sec. 503. National Aeronautics and Space Administration quantum
initiatives.
``Sec. 504. Research security.
``Sec. 505. Authorization of appropriations.''.
TITLE LXVII--BLOCKING LARGE-SCALE ADVERSARIAL DISTILLATION EFFORTS ACT
OF 2026
SEC. 6701. SHORT TITLE.
This title may be cited as ``Blocking Large-scale
Adversarial Distillation Efforts Act of 2026'' or ``BLADE
Act''.
SEC. 6702. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) artificial intelligence models owned by United States
private sector entities are essential for advancing economic
and national security interests of the United States;
[[Page S4018]]
(2) many of the most advanced artificial intelligence
models owned by United States entities are ``closed-source
models'' whose unique technical characteristics are not
openly shared or published;
(3) the unauthorized acquisition of model capabilities,
such as model weights, model architectures, and other
technical characteristics of closed-source artificial
intelligence models, by persons of concern through model
extraction attacks represents a threat to the national
security and foreign policy interests of the United States,
as well as the intellectual property rights and economic
competitiveness of United States entities;
(4) the United States Government, in cooperation with
private owners of closed-source artificial intelligence
models, should take steps to identify, punish, and deter
model extraction attacks on the protected capabilities of
closed-source artificial intelligence models by persons of
concern;
(5) model extraction attacks against United States closed-
source artificial intelligence models allow foreign
adversaries a short cut to acquiring advanced artificial
intelligence capabilities; and
(6) authorized model training practices that adhere to the
terms of service or are otherwise consistent with contractual
terms set by the owners of closed-source artificial
intelligence models are a legitimate research method that
play an important role in artificial intelligence research
and are fundamentally distinct from model extraction attacks
addressed by this title.
SEC. 6703. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Closed-source artificial intelligence model.--The term
``closed-source artificial intelligence model'' means any
artificial intelligence model with the following
characteristics:
(A) Proprietary key technical information, such as
underlying model weights, that are necessary to reproduce and
independently recreate the model and that are not willingly
shared with third parties or otherwise made publicly
available by the owner of the model.
(B) Access and use governed by terms of service or
contractual agreements that are established by the owner of
the model.
(C) Access that is provided via an application program
interface or another consumer-facing, owner-controlled
interface without enabling third parties to obtain, modify,
or host the closed-source artificial intelligence model on
their own data servers or other technology unless
specifically authorized by the owner of the model.
(3) Country of concern.--The term ``country of concern''
means--
(A) the People's Republic of China, including the Hong Kong
and Macau Special Administrative Regions;
(B) the Russian Federation; and
(C) any other foreign country--
(i) listed in Country Group D:5 in Supplement No. 1 to part
740 of title 15, Code of Federal Regulations, as published on
January 1, 2026, that is designated by the Secretary of
Commerce, in consultation with the Secretary of State, as a
country of concern for purposes of this section and for which
notice of such designation has been published in the Federal
Register; and
(ii) identified by the Secretary of Commerce, in
coordination with the head of each agency that is a member of
the Operating Committee for Export Policy, the Director of
National Intelligence, and the heads of such other
departments or agencies of the Federal Government as the
President determines appropriate, pursuant to an assessment
required by subsection (a) or (e) of section 1704.
(4) Person of concern.--The term ``person of concern''
means any foreign person that--
(A) is located or headquartered in, or the ultimate parent
company of which is headquartered in, a country of concern;
(B) is operating under the direction or control of any
entity located or headquartered in, or the ultimate parent
company of which is headquartered in, a country of concern;
or
(C) is conducting or attempting to conduct a model
extraction attack against closed-source artificial
intelligence models owned by United States persons and
outside of authorized model training practices.
(5) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(6) Fraudulent account network provider.--
(A) In general.--The term ``fraudulent account network
provider'' means any foreign person that knowingly and
intentionally creates, obtains, maintains, sells, brokers, or
otherwise provides access to an account that allows a person
of concern to access a closed-source artificial intelligence
model that the entity would otherwise be prohibited from
accessing as a result of location restrictions in the terms
of service or a contractual agreement created by the owner of
the model.
(B) Exception.--For purposes of subparagraph (A), an entity
that creates or transmits location information to enable
persons within countries of concern to access the internet
for purposes of freedom of expression is not, on the basis of
that activity alone, a fraudulent account network provider.
(7) Model extraction attack.--
(A) In general.--The term ``model extraction attack'' means
the unauthorized extracting of the capabilities of a closed-
source artificial intelligence model to replicate, develop,
train, or improve another artificial intelligence model, if
such extraction--
(i) circumvents technical, contractual, or other access
controls, identity verification requirements, or geographic
access restrictions implemented by the owner of the model;
(ii) is conducted through fraudulent, misrepresented, or
unauthorized credentials; or
(iii) violates the terms, conditions, or restrictions
governing access to or use of the model, as established by
the owner, that specifically prohibit the use of model
outputs or interactions to replicate, develop, train, or
improve another artificial intelligence model.
(B) Inference of purpose.--For purposes of subparagraph
(A), the purpose of extraction may be inferred from the
totality of circumstances, including--
(i) the volume, structure, pattern, coordination, or timing
of the extraction activity;
(ii) the concentration of extractions on specific model
capabilities;
(iii) the use of multiple accounts in a coordinated manner;
or
(iv) the correlation of extraction activity within the
development timeline of another artificial intelligence
model.
(C) Exclusion.--For purposes of subparagraph (A), model
training activities conducted in compliance with the terms,
conditions, and restrictions governing access to and use of a
closed-source artificial intelligence model, or otherwise
conducted within a permitted exception or the express
authorization of the owner of the model, are not model
extraction attacks.
(8) Operating committee for export policy.--The term
``Operating Committee for Export Policy'' means the Operating
Committee for Export Policy referred to in section 1763(c) of
the Export Control Reform Act of 2018 (50 U.S.C. 4822(c)).
(9) Owner.--The term ``owner'' means, with respect to a
closed-source artificial intelligence model, the person
that--
(A) holds intellectual property rights (including trade
secret, copyright, patent, or other proprietary rights),
contractual rights, or a combination thereof, sufficient to
authorize or restrict third-party access to, use of,
extraction from, or reproduction of the model, or any
version, instance, or deployment the model, whether such
rights were obtained through development, acquisition,
assignment, license, or otherwise; and
(B) is a United States person.
(10) Person.--The term ``person'' means individual or
entity.
(11) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person located in the United States.
SEC. 6704. ASSESSMENT OF MODEL EXTRACTION ATTACKS AND
FRAUDULENT ACCOUNT NETWORK PROVIDERS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in
coordination with the head of each agency that is a member of
the Operating Committee for Export Policy, the Director of
National Intelligence, and the heads of such other
departments or agencies of the Federal Government as the
President determines appropriate, shall complete an
assessment to determine--
(1) which, if any, persons of concern have conducted or are
currently conducting model extraction attacks against closed-
source artificial intelligence models owned by United States
persons;
(2) which, if any, persons of concern are fraudulent
account network providers; and
(3) which, if any, artificial intelligence models have been
derived from model extraction attacks by persons of concern
against closed-source artificial intelligence models owned by
United States persons or have benefitted from activities of
persons of concern acting as fraudulent account network
providers.
(b) Matters To Be Included.--The assessment required by
subsection (a) shall include the following:
(1) A determination of which persons of concern--
(A) have either previously or are currently engaging in
model extraction attacks; or
(B) are fraudulent account network providers.
(2) A determination of the countries, if any--
(A) from which model extraction attacks have originated;
and
(B) in which fraudulent account network providers exist.
(3) An identification of which, if any, agencies or
instrumentalities of governments of countries of concern have
provided or are providing material assistance to entities
identified pursuant to paragraph (1).
(4) An analysis of the methods employed by persons of
concern identified pursuant to paragraph (1), including--
(A) the role of fraudulent account network providers in
model extraction attacks, including, to the extent possible,
the physical
[[Page S4019]]
location of offices and data centers of such providers; and
(B) a determination, to the extent possible, of the number
of attempted model extraction attacks that occurred during
the 2 calendar years preceding the date on which the
Secretary of Commerce begins the assessment required by
subsection (a).
(5) An examination of the strengths and weaknesses of
various detection approaches that can be used to determine
whether a model extraction attack has occurred or is
occurring.
(6) An assessment of the economic and national security
consequences of successful model extraction attacks by
persons of concern that occurred during the 2 calendar years
preceding the date on which the Secretary of Commerce begins
the assessment required by subsection (a).
(7) Steps detailing how the United States Government is
assisting owners of closed-source artificial intelligence
models that have been the target or victim of model
extraction attacks in detecting model extraction attacks,
deterring future model extraction attacks, and punishing
persons of concern that engage in model extraction attacks or
are fraudulent account network providers.
(8) A diplomatic strategy to leverage allies and partners
of the United States in detecting and preventing model
extraction attacks by persons of concern.
(c) Public Consultation.--
(1) In general.--In conducting the assessment required by
subsection (a), the Secretary of Commerce, in coordination
with the head of each agency that is a member of the
Operating Committee for Export Policy, the Director of
National Intelligence, and the heads of such other
departments or agencies of the Federal Government as the
President determines appropriate, shall consult with owners
of closed-source artificial intelligence models that have
been the targets or victims of model extraction attacks,
academic experts, industry fora, and other appropriate
entities--
(A) to identify patterns of behavior and methods of
attackers to better inform efforts of the United States
Government and the private sector to detect model extraction
attacks;
(B) to develop best practices for defending against model
extraction attacks; and
(C) to develop best practices for identifying activities of
fraudulent account network providers that facilitate model
extraction attacks.
(2) Voluntary participation.--The participation of owners
of closed-source artificial intelligence models described in
paragraph (1) in consultations under that paragraph shall be
voluntary.
(d) Report.--
(1) In general.--Not later than 210 days after the date of
the enactment of this Act, the Secretary of Commerce, in
coordination with the heads of such other departments or
agencies of the Federal Government as the President
determines appropriate, shall submit to the appropriate
congressional committees a report that, as appropriate,
contains the findings of the assessment required by
subsection (a).
(2) Updates.--Not later than one year after submitting the
report required by paragraph (1), and annually thereafter for
3 years, the Secretary of Commerce shall submit to the
appropriate congressional committees an update to the report
listing any additional persons of concern identified pursuant
to subsection (a).
(3) Form.--The report required by paragraph (1), and each
update required by paragraph (2), shall be submitted in
unclassified form, but may contain a classified annex.
(e) Routine Assessment.--The Secretary of Commerce, in
coordination with the head of each agency that is a member of
the Operating Committee for Export Policy, the Director of
National Intelligence, and the heads of such other
departments or agencies of the Federal Government as the
President determines appropriate, shall routinely assess
for--
(1) model extraction attacks directed against owners of
closed-source artificial intelligence models that occur after
the date of completion of the assessment required by
subsection (a);
(2) fraudulent account network providers that facilitate
model extraction attacks after that date;
(3) artificial intelligence models that have been derived
from model extraction attacks by persons of concern against
closed-source artificial intelligence models owned by United
States persons or have benefitted from activities of persons
of concern acting as fraudulent account network providers;
and
(4) any material changes related to other matters specified
in subsection (b).
(f) Industry Coordination.--The Secretary of Commerce, in
coordination with the Director of National Intelligence and
the heads of such other departments or agencies of the
Federal Government as the President determines appropriate,
shall establish an information-sharing mechanism that allows
owners of closed-source artificial intelligence models to
voluntarily, quickly, and confidentially share information
about model extraction attacks and fraudulent account network
providers with the Department of Commerce.
(g) AI Model Extraction Attackers List.--
(1) In general.--The Secretary of Commerce, in coordination
with the head of each agency that is a member of the
Operating Committee for Export Policy, the Director of
National Intelligence, and the heads of such other
departments or agencies of the Federal Government as the
President determines appropriate, shall--
(A) maintain a list, to be known as the ``AI Model
Extraction Attackers List'', that displays information
about--
(i) specific persons of concern identified pursuant to an
assessment required by subsection (a) or (e) as having
conducted or directed model extraction attacks in the past
year; and
(ii) artificial intelligence models that have been derived
from model extraction attacks by persons of concern against
closed-source artificial intelligence models owned by United
States persons or have benefitted from activities of persons
of concern acting as fraudulent account network providers;
and
(B) publish the list on a publicly available website of the
Department of Commerce.
(2) Protection of confidential information.--The Secretary
of Commerce may not, in publishing the list required by
paragraph (1) on a publicly available website of the
Department of Commerce, disclose confidential information
provided by the owner of a closed-source artificial
intelligence model without the express permission of the
owner.
(h) Public Guidance.--
(1) In general.--Not later than 210 days after the date of
the enactment of this Act, the Secretary of Commerce, in
coordination with the head of each agency that is a member of
the Operating Committee for Export Policy, shall publish a
report comprising of best practices to detect, prevent, and
respond to model extraction attacks.
(2) Public access.--The report required by paragraph (1)
shall be publicly available.
(3) Protection of confidential information.--Any
confidential information provided to the Secretary by the
owner of a closed-source artificial intelligence model shall
be exempt from disclosure under section 552(b)(3) of title 5,
United States Code (commonly referred to as the ``Freedom of
Information Act''), unless the owner expressly consents to
the disclosure.
SEC. 6705. DETERRING MODEL EXTRACTION ATTACKS AND FRAUDULENT
ACCOUNT NETWORK PROVIDERS.
(a) In General.--Not later than 210 days after the date of
the enactment of this Act, the Under Secretary of Commerce
for Industry and Security, in coordination with the head of
each agency that is a member of the End-User Review
Committee, shall make a determination, by majority vote of
the Committee, with respect to whether each entity described
in subsection (b) should be added to the Entity List
maintained by the Bureau of Industry and Security and set
forth in Supplement No. 4 to part 744 of title 15, Code of
Federal Regulations, or any successor regulations.
(b) Entities Described.--An entity described in this
subsection is--
(1) an entity that is a person of concern identified, under
subsection (a) or (e) of section 6704, as having conducted
model extraction attacks or having facilitated such attacks
via fraudulent account networks; or
(2) a subsidiary of such an entity (to be determined by
ownership of 50 percent or more in the aggregate, directly or
indirectly).
SEC. 6706. IMPOSITION OF SANCTIONS WITH RESPECT TO MODEL
EXTRACTION ATTACKS AND FRAUDULENT ACCOUNT
NETWORK PROVIDERS.
(a) In General.--The President, may, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), block and prohibit all transactions in all property
and interests in property of each person identified under
subsection (a) or (e) of section 6704 as having conducted
model extraction attacks or having facilitated such attacks
via fraudulent account networks if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(b) Exceptions.--
(1) Exception relating to the provision of humanitarian
assistance.--Sanctions under this section may not be imposed
with respect to transactions or the facilitation of
transactions for--
(A) the sale of agricultural commodities, food, medicine,
or medical devices;
(B) the provision of humanitarian assistance; or
(C) transporting goods or services that are necessary to
carry out operations relating to humanitarian assistance.
(2) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(c) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(d) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
[[Page S4020]]
TITLE LXVIII--JUDICIARY MATTERS
SEC. 6801. CARLA WALKER ACT.
(a) Short Title.--This section may be cited as the ``Carla
Walker Act''.
(b) Grants to Improve Forensic Activities.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10101 et seq.) is amended by adding at the end the following:
``PART PP--GRANTS TO IMPROVE FORENSIC ACTIVITIES
``SEC. 3061. DEFINITIONS.
``In this part:
``(1) Accredited forensic laboratory.--The term `accredited
forensic laboratory' means a forensic laboratory that--
``(A) is accredited by an accrediting body that is a
signatory to an internationally recognized arrangement and
that offers accreditation to forensic science conformity
assessment bodies using an accreditation standard that is
recognized by that internationally recognized arrangement; or
``(B) attests, in a legally binding and enforceable manner,
to prepare and apply for an accreditation described in
subparagraph (A) not later than 2 years after date on which
the forensic laboratory--
``(i) first receives a grant under this part; or
``(ii) first receives a request for analysis from an
eligible entity receiving a grant under this part.
``(2) FGG dna analysis and searching.--The term `FGG DNA
analysis and searching' means--
``(A) forensic genetic genealogical DNA analysis of a
forensic or reference sample of biological material by an
accredited forensic laboratory to develop a forensic genetic
genealogy profile; and
``(B) the subsequent search of that genetic genealogy
profile in a genetic genealogy service.
``(3) Forensic analysis.--The term `forensic analysis'
means an expert examination, interpretation, or test--
``(A) requested by a law enforcement agency, a coroner or
medical examiner's office, a prosecutor, a criminal suspect
or defendant, or a court; and
``(B) performed on physical or biological evidence for--
``(i) investigative purposes, including to determine the
identity of unidentified human remains; or
``(ii) prosecutorial, defense, or court-ordered judicial
purposes.
``(4) Forensic genetic genealogy profile.--The term
`forensic genetic genealogy profile' means a single
nucleotide polymorphisms-based genetic profile generated from
a forensic or reference sample by an accredited forensic
laboratory for the purpose of conducting FGG DNA analysis and
searching.
``(5) Forensic laboratory.--The term `forensic laboratory'
means a facility, entity, or site that--
``(A) offers or performs forensic analysis; and
``(B) follows appropriate evidentiary, documentation, and
quality assurance requirements for use in judicial
proceedings.
``(6) Genetic genealogy service.--The term `genetic
genealogy service' means a repository of genetic data
containing genetic profiles submitted by individuals that
permits search by a law enforcement agency for forensic
genetic genealogy purposes.
``(7) Interim policy.--The term `Interim Policy' means the
`Interim Policy on Forensic Genetic Genealogical DNA Analysis
and Searching' of the Department of Justice dated November 1,
2019, or any successor policy.
``(8) Law enforcement agency.--The term `law enforcement
agency' means an agency of the United States, a State, a
political subdivision of a State, or an Indian Tribe
authorized by law or by a government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
``SEC. 3062. DNA ANALYSIS GRANTS.
``(a) Eligible Entity Defined.--In this section, the term
`eligible entity' means--
``(1) a State;
``(2) a Tribal, county, or local law enforcement agency;
``(3) a publicly funded accredited forensic laboratory;
``(4) a State, Tribal, county, or local prosecutor's office
with a forensic laboratory capability;
``(5) a medical examiner's office; and
``(6) a coroner's office.
``(b) Authorization of Grants.--The Attorney General may
award a competitive grant to an eligible entity for the
purpose of using any technology used in a forensic
laboratory--
``(1) to conduct whole genome sequencing technology to
assess not less than 100,000 genetic markers; and
``(2) that is compatible with genealogical databases.
``(c) Applications.--An eligible entity seeking a grant
under this section shall submit to the Attorney General an
application at such time and in such form as the Attorney
General may require.
``(d) Use of Grant.--An eligible entity that receives a
grant under this section shall use funds from the grant for
any of the following purposes:
``(1) To carry out DNA analyses of physical evidence
collected under applicable legal authority using the
technology described in subsection (b) if the submission of
such physical evidence to the Combined DNA Index System has
failed to produce an investigative lead.
``(2) To carry out DNA analyses of unidentified human
remains using the technology described in subsection (b) if
submission of such samples to the Combined DNA Index System
has failed to produce an investigative lead.
``(3) To outsource an activity described in paragraph (1)
or (2) for the use of technology described in subsection (b)
and searching to--
``(A) an accredited publicly funded forensic laboratory;
``(B) a medical examiner or coroner's office;
``(C) a State, Tribal, county, or local prosecutor's office
with a forensic laboratory capability; or
``(D) a nongovernmental accredited forensic laboratory.
``(e) Requirements and Limitations With Respect to Genetic
Genealogy.--An eligible entity that receives a grant under
this section--
``(1) with respect to a forensic profile derived from a
candidate forensic sample for which a sufficient quantity of
DNA exists and which meets the eligibility requirements of
the Combined DNA Index System, before attempting to use FGG
DNA analysis and searching with respect to the forensic
profile--
``(A) shall upload the forensic profile to the Combined DNA
Index System; and
``(B) may only proceed with FGG DNA analysis and searching
if a search of the uploaded forensic profile in the Combined
DNA Index System fails to produce a probative and confirmed
DNA match;
``(2) with respect to an eligible entity that is a law
enforcement agency, may not arrest a suspect based solely on
a genetic association generated by a genetic genealogy
service;
``(3) with respect to an eligible entity that is a law
enforcement agency or an entity conducting genetic
genealogical research on behalf of a law enforcement agency
or to inform a criminal investigation, shall--
``(A) identify as a law enforcement agency to any genetic
genealogy service; and
``(B) enter and search forensic genetic genealogy profiles
only in a genetic genealogy service that provides explicit
notice to users of the genetic genealogy service and the
public that law enforcement may use the genetic genealogy
service to investigate crimes or identify unidentified human
remains;
``(4) shall seek informed consent from third parties before
collecting reference samples directly from an individual that
will be used for FGG DNA analysis and searching, unless case-
specific circumstances provide reasonable grounds to believe
that this requirement would compromise the integrity of an
investigation;
``(5) shall treat all forensic genetic genealogy profiles
and genetic genealogy service account information and data as
confidential government information consistent with any
applicable laws, regulations, policies, and procedures;
``(6) shall use biological samples and forensic genetic
genealogy profiles only for law enforcement identification
purposes;
``(7) shall take all reasonable and necessary steps and
precautions to ensure that others who have authorized access
to biological samples and forensic genetic genealogy profiles
follow the same limitation of use of those samples required
under paragraph (6);
``(8) whenever possible, shall use only genetic genealogy
services that configure service site user settings that
control access to forensic genetic genealogy profile data and
associated account information in a manner that will prevent
that data and information from being viewed by other service
users;
``(9) shall conduct covert collection of a DNA sample for
the purpose of performing FGG DNA analysis and searching in
accordance with applicable State and Federal law; and
``(10) may not use a biological sample or a forensic
genetic genealogy profile to determine the genetic
predisposition for disease or any other medical condition or
psychological trait of the donor of the sample or profile.
``(f) Regulations.--Not later than 1 year after the date of
enactment of this section, the Attorney General shall
promulgate regulations to promote the reasoned exercise of
investigative, scientific, and prosecutorial discretion in
cases that involve forensic genetic genealogical DNA analysis
and searching. Such regulations shall incorporate the
requirements and limitations set forth under subsection (e).
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Attorney General to carry out this section $5,000,000
for each of fiscal years 2027 through 2031.
``(2) Limitations on use.--
``(A) In general.--Amounts appropriated to carry out this
section--
``(i) subject to subparagraph (B), shall only be made
available to carry out forensic genetic genealogical
analysis; and
``(ii) shall not be made available for staffing, training,
travel, or equipment.
``(B) Administrative costs.--The Attorney General may use
not more than 10 percent of amounts appropriated to carry out
this section for administrative costs.
[[Page S4021]]
``SEC. 3063. GRANTS FOR FORENSIC EQUIPMENT AND DATABASE
SEARCHING.
``(a) Eligible Entity Defined.--In this section, the term
`eligible entity' means--
``(1) a publicly funded accredited forensic laboratory;
``(2) a State, county, local, or Tribal prosecutor's office
with a forensic laboratory capability;
``(3) a medical examiner's office; and
``(4) a coroner's office.
``(b) Authorization of Grants.--The Attorney General may
award a grant to an eligible entity for the purpose of--
``(1) purchasing equipment for FGG DNA analysis and
searching; or
``(2) funding searches to generate investigative leads for
criminal investigations or unidentified human remains.
``(c) Applications.--An eligible entity seeking a grant
under this section shall submit to the Attorney General an
application at such time and in such form as the Attorney
General may require.
``(d) Use of Funds.--An eligible entity that receives a
grant under this section shall use funds from the grant--
``(1) to purchase forensic equipment, including supplies,
reagents, consumables, and validation expenses, for genetic
genealogy techniques to generate investigative leads for
criminal investigations or unidentified human remains; and
``(2) for genealogical database searching.
``(e) Department of Justice Policy.--Other than an activity
involving unidentified human remains, an activity carried out
using funding from a grant under this section shall be
carried out in compliance with--
``(1) the Interim Policy; and
``(2) the regulations promulgated under section 3062(f).
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to the Attorney General to
carry out this section $5,000,000 for each of fiscal years
2027 through 2031.
``SEC. 3064. ADMINISTRATIVE PROVISIONS.
``(a) Regulations.--The Attorney General may promulgate
guidelines, regulations, and procedures to carry out this
part, including guidelines, regulations, and procedures
relating to the submission and review of applications for
grants under sections 3062 and 3063.
``(b) Accountability.--
``(1) Records.--An eligible entity that receives a grant
under this part shall maintain such records as the Attorney
General may require to facilitate an effective audit relating
to the receipt of the grant, the use of amounts from the
grant, outsourcing activities, and compliance with--
``(A) section VIII, entitled `Sample and Data Control and
Disposition', of the Interim Policy; and
``(B) the regulations promulgated under section 3062(f).
``(2) Access.--For the purpose of conducting audits and
examinations, the Attorney General shall have access to any
book, document, or record of an eligible entity that receives
a grant under this part, a State or unit of local government
within which the eligible entity operates, and any entity to
which the eligible entity outsources work using amounts from
the grant if the Attorney General determines that the book,
document, or record relates to--
``(A) the receipt of the grant;
``(B) the use of funds from the grant; or
``(C) compliance with--
``(i) section VIII, entitled `Sample and Data Control and
Disposition', of the Interim Policy; or
``(ii) the regulations promulgated under section 3062(f).
``(3) Suspension and debarment.--In carrying out this part,
the Attorney General shall comply with part 180 of title 2,
Code of Federal Regulations, or any successor regulation.
``SEC. 3065. REPORTS.
``Not later than1 year after the date on which an eligible
entity receives the final disbursement of funds from a grant
under section 3062 or 3063, the eligible entity shall submit
to the Attorney General a report that includes--
``(1) the amount of funding the eligible entity received
from the grant for each fiscal year for which the grant was
awarded;
``(2) the number of cases for which the eligible entity
submitted for testing using FGG DNA analysis and searching
during the previous year;
``(3) the number of cases for which the eligible entity
performed testing using FGG DNA analysis and searching during
the previous year;
``(4) the type of testing relating to FGG DNA analysis and
searching performed by the eligible entity during each year
for which the grant was awarded, including--
``(A) the name of any laboratory to which the eligible
entity outsourced the testing;
``(B) the type of sequencing equipment and method used for
the testing; and
``(C) the results of the testing, such as whether the
testing resulted in successful victim or perpetrator
identification, no identification, ongoing analysis, or
incomplete analysis, and the time it took to obtain a result;
``(5) during each year for which the grant was awarded, the
number of cases in which FGG DNA analysis and searching--
``(A) resulted in a searchable profile in a publicly
available genetic genealogy service;
``(B) generated a lead resulting in a victim or perpetrator
identification;
``(C) generated a lead but did not generate a victim or
perpetrator identification; and
``(D) did generate a lead and resulted in a victim or
perpetrator identification by the end of the grant period
directly resulting in an arrest; and
``(6) during each year for which the grant was awarded, the
average number of days it took to make any identification
between the date of sample submission for FGG DNA analysis
and searching and the date of delivery of test results to the
requesting office or agency.
``SEC. 3066. NO PREEMPTION.
``Nothing in this part shall be construed to preempt any
law (including a regulation) of a State, or a political
subdivision of a State, containing requirements that provide
equivalent or greater protection than the requirements of
this part.''.
(c) Department of Justice Report.--Not later than 3 years
after the date of enactment of this Act, the Attorney
General, in consultation with the Forensic Laboratory Needs
Working Group of the National Institute of Justice, shall
submit to Congress a report--
(1) on the awards and practices reported to the Attorney
General under section 3065 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by this
section;
(2) on forensic genetic genealogy analysis technologies and
how best to implement forensic genetic genealogy analysis for
eligible entities (as defined in section 3063(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968, as
added by this section); and
(3) that includes any recommendations relating to--
(A) expected funding needs; and
(B) whether regulations are needed for the use of forensic
genetic genealogy analysis technology.
SEC. 6802. PROMOTING POLICE LEADERSHIP ACT.
(a) Short Title.--This section may be cited as the
``Promoting Police Leadership Act''.
(b) Commander Curriculum Development.--
(1) Definitions.--Section 901(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10251(a)) is amended--
(A) in paragraph (32), by striking ``and'' at the end;
(B) in paragraph (33)(B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(34) the term `command-level personnel' means law
enforcement officers employed by a State, local, or Tribal
law enforcement agency whose responsibilities include
managing, directing, or overseeing law enforcement operations
within a geographic subunit of the jurisdiction in which such
agency has primary responsibility for law enforcement
activities.''.
(2) Cops program.--Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381)
is amended by adding at the end the following:
``(q) Training in Improving Police Command-level Personnel
Leadership, Management, and Effectiveness.--
``(1) Training curricula.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Attorney General shall
develop training curricula or identify effective existing
training curricula for command-level personnel relating to--
``(i) leadership and strategic thinking;
``(ii) critical incident response and management, including
understanding, preparing for, and responding to the effect of
critical incidents on officers and communities;
``(iii) risk management;
``(iv) officer wellness;
``(v) data analysis and data-driven policing tactics;
``(vi) evidence-based decision making; and
``(vii) building community trust.
``(B) Requirements.--The training curricula developed or
identified under this paragraph shall include--
``(i) primarily in-person instruction and peer-to-peer
learning;
``(ii) a framework for a practical, evidence-based problem
solving component under which participating command-level
personnel--
``(I) identify and develop a proposed solution to a
leadership, operational, or management challenge relevant to
personnel in the command-level personnel's employing law
enforcement agency;
``(II) receive feedback from curriculum instructors and
other participating command-level personnel to refine the
proposed solution accordingly to meet the needs of the law
enforcement agency and community served; and
``(III) present a final, implementable product emphasizing
evidence-based strategies to program instructors and the
command-level personnel's district or geographic command; and
``(iii) the incorporation of pre-course and post-course
assessments to measure knowledge acquisition and leadership
competencies relevant to the training curricula.
``(C) Consultation.--The Attorney General shall develop and
identify training curricula under this paragraph in
consultation with relevant law enforcement agencies of States
and units of local government, organizations and fraternal
associations representing law enforcement officers,
universities with appropriate law enforcement or leadership
programs, and any other entities the Attorney General
determines appropriate.
``(2) Certified programs and courses.--
[[Page S4022]]
``(A) In general.--Not later than 180 days after the date
on which training curricula are developed or identified under
paragraph (1), the Attorney General shall establish a process
to--
``(i) certify training programs and courses offered to
command-level personnel which incorporate 1 or more of the
training curricula developed or identified under paragraph
(1), or equivalents to such training curricula, which may
include certifying training programs or courses offered on or
before the date on which the Attorney General establishes the
process; and
``(ii) terminate the certification of a training program or
course that fails to meet the standards developed or
identified under paragraph (1).
``(B) Partnerships with educational institutions.--Not
later than 180 days after the date on which training
curricula are developed or identified under paragraph (1),
the Attorney General shall develop criteria to ensure that
entities which offer training programs or courses that are
certified under subparagraph (A) collaborate with educational
institutions to evaluate and continuously improve the
curricula and coursework of those educational institutions.
``(3) List.--Not later than 1 year after the date on which
the Attorney General completes the activities required under
paragraphs (1) and (2), the Attorney General shall publish a
list of law enforcement agencies of States and units of local
government employing law enforcement officers who have
successfully completed a course using the training curricula
developed or identified under paragraph (1), or equivalents
to such training curricula, which shall include--
``(A) the total number of law enforcement officers that are
employed by the law enforcement agency; and
``(B) the number of law enforcement officers who have
completed such a course.''.
(c) Attorney General Reports.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the date
that is 3 years after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on the
activities carried out as a result of the amendments made
under subsection (b).
(2) Contents.--Each report under paragraph (1) shall
include, at a minimum, information on--
(A) steps taken by the Attorney General to develop or
identify curricula under section 1701(q)(1) of the Omnibus
Crime Control and Safe Streets Act of 1968, as added by
subsection (b);
(B) any assessments conducted or identified by the Attorney
General on the effectiveness and utilization of curricula
developed or identified under section 1701(q)(1) of the
Omnibus Crime Control and Safe Streets Act of 1968, as added
by subsection (b);
(C) recommendations for curriculum updates and
improvements; and
(D) barriers to training implementation.
(d) GAO Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct a review of the actions taken by the Attorney
General pursuant to this section and the amendments made by
this section; and
(2) submit to Congress a report on the review conducted
under paragraph (1), which shall include a description of--
(A) the process for developing and identifying curricula
under section 1701(q)(1) of the Omnibus Crime Control and
Safe Streets Act of 1968, as added by subsection (b),
including the effectiveness of the consultation by the
Attorney General with the agencies, associations, and
organizations identified under that subsection; and
(B) the certification of training programs and courses
under section 1701(q)(2) of the Omnibus Crime Control and
Safe Streets Act of 1968, as added by subsection (b),
including the development of the process for certification
and its implementation.
(e) State Certifications and Training Standards.--Nothing
in this section, or an amendment made by this section, shall
be construed to preempt or replace the authority of any State
or local government, including any Peace Officer Standards
and Training entity or similar certifying body, to set and
enforce certification, training, or qualification standards
for law enforcement officers.
SEC. 6803. PROTECTING AMERICANS FROM RUSSIAN LITIGATION ACT.
(a) Short Title.--This section may be cited as the
``Protecting Americans from Russian Litigation Act of 2026''.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to ensure that United States persons are not
disadvantaged for actions or omissions undertaken to comply
with United States sanctions or export controls; and
(2) to ensure that foreign persons, or persons acting on
their behalf, cannot obtain compensation for any action
related to United States persons attempting in good faith to
comply with their obligations under United States sanctions
or export controls.
(c) Limitation on Civil Actions Affected by United States
Sanctions.--
(1) In general.--Chapter 111 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 1660. Limitation on civil actions affected by United
States sanctions
``(a) Limitation.--Notwithstanding any provision of law, no
person (other than the United States or a person acting on
behalf of the United States) may bring a civil action in
Federal or State court to enforce any foreign judgment or
foreign arbitral award arising from a claim where--
``(1) the underlying conduct or circumstances giving rise
to the claim resulted from actions to comply with United
States sanctions impeding the performance of a contract; or
``(2) the court or tribunal issuing the judgment or
arbitral award asserted jurisdiction based, in whole or in
part, on the imposition of United States sanctions or export
controls (or any foreign law enacted in response to the
imposition of United States sanctions or export controls).
``(b) Removal and Dismissal.--An action to recognize or
enforce a foreign judgment or foreign arbitral award
described in subsection (a) may be removed by any defendant
to the appropriate United States district court, which shall
dismiss the action.
``(c) Rule of Construction.--Nothing in this section may be
construed to limit--
``(1) the authority of the President, any delegate of the
President (including the Office of Foreign Assets Control of
the Department of the Treasury), or any other officer or
official of the United States to bring any action or exercise
any responsibility under any applicable State or Federal law;
``(2) any right, remedy, or cause of action available to a
victim of international terrorism, torture, extrajudicial
killing, aircraft sabotage, or hostage taking, who is, or was
at the time of the victim's injury, a national of the United
States, a member of the United States Armed Forces, an
employee of the United States Government, or an individual
performing a contract awarded by the United States Government
acting within the scope of the individual's employment, or a
family member of any such victim, under any applicable State
or Federal law, including--
``(A) chapter 97 of this title;
``(B) chapter 113B of title 18; and
``(C) the Iran Threat Reduction and Syria Human Rights Act
of 2012 (22 U.S.C. 8701 et seq.) and any other laws providing
for the application of sanctions with respect to Iran or
Syria;
``(3) any right, remedy, or cause of action available to
any party arising under or relating to the party's
contractual rights (other than an action to enforce a foreign
judgment or foreign arbitral award described in subsection
(a)) where the parties agreed to resolve all disputes by
litigation in a State or Federal court within the United
States or by arbitration within the United States; or
``(4) any other right, remedy, or cause of action available
to any party arising under State or Federal law (other than
an action to enforce a foreign judgment or foreign arbitral
award described in subsection (a)) where the underlying
conduct or circumstances giving rise to the claim resulted
from the imposition of United States sanctions or export
controls.
``(d) United States Sanctions Defined.--In this section:
``(1) In general.--The term `United States sanctions' means
any prohibition, restriction, or condition on transactions
involving any property in which any foreign country or
national thereof has any interest that is imposed by the
United States to address threats to the national security,
foreign policy, or economy of the United States pursuant to--
``(A) section 203 of the International Emergency Economic
Powers Act (50 U.S.C. 1702); or
``(B) any other provision of law, including any provision
of law relating to export controls.
``(2) Duties.--The term `United States sanctions' does not
include the imposition of a duty on the importation of
goods.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 1659 the following new item:
``1660. Limitation on civil actions affected by United States
sanctions.''.
(3) Application.--Section 1660 of title 28, United States
Code, as added by paragraph (1), applies with respect to
civil actions pending on or after the date of the enactment
of this Act.
SEC. 6804. STRENGTHENING CHILD EXPLOITATION ENFORCEMENT ACT.
(a) Short Title.--This section may be cited as the
``Strengthening Child Exploitation Enforcement Act''.
(b) Kidnapping; Sexual Abuse; Illicit Sexual Conduct With
Respect to Minors.--
(1) In general.--Part I of title 18, United States Code, is
amended--
(A) in section 1201--
(i) in subsection (a), in the matter preceding paragraph
(1), by inserting ``obtains by defrauding or deceiving any
person,'' after ``abducts,'';
(ii) in subsection (b), by inserting ``obtained by
defrauding or deceiving any person,'' after ``abducted,'';
and
(iii) in subsection (g), by adding at the end the
following:
``(2) Defense.--For an offense described in this subsection
involving a victim who has not attained the age of 16 years,
it is not a defense that the victim consented to the conduct
of the offender, unless the offender can establish by a
preponderance of the evidence that the offender reasonably
believed that the victim had attained the age of 16 years.'';
[[Page S4023]]
(B) in chapter 109A--
(i) in section 2241(c), by striking ``crosses a State
line'' and inserting ``travels in interstate or foreign
commerce'';
(ii) in section 2242(3), by striking ``, to include doing
so'' and inserting ``or'';
(iii) in section 2243, by adding at the end the following:
``(f) Intentional Touching Involving Individuals Under the
Age of 16.--
``(1) Offense.--It shall be unlawful, in the special
maritime and territorial jurisdiction of the United States or
in a Federal prison, or in any prison, institution, or
facility in which persons are held in custody by direction of
or pursuant to a contract or agreement with the head of any
Federal department or agency, to knowingly cause the
intentional touching, not through the clothing, of the
genitalia of any person by a person who has not attained the
age of 16 years, with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any
person, or attempt to do so, if to do so would violate
subsection (a), (b), or (c) of this section, section 2241, or
section 2242 had such intentional touching been a sexual act.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned as provided in the
applicable provision of law described in that paragraph, or
both.''; and
(iv) in section 2244--
(I) in subsection (a)--
(aa) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and adjusting
the margins accordingly;
(bb) by striking ``Whoever'' and inserting the following:
``(1) In general.--Whoever'';
(cc) in paragraph (1), as so designated--
(AA) in the matter preceding subparagraph (A), as so
redesignated, by striking ``if so to do'' and inserting ``if
to do so'';
(BB) in subparagraph (A), as so redesignated, by striking
``ten'' and inserting ``10'';
(CC) in subparagraph (B), as so redesignated, by striking
``three'' and inserting ``3'';
(DD) in subparagraph (C), as so redesignated, by striking
``two'' and inserting ``2'';
(EE) in subparagraph (D), as so redesignated, by striking
``two'' and inserting ``2''; and
(FF) in subparagraph (F), as so redesignated, by striking
the semicolon at the end and inserting a period; and
(dd) by adding at the end the following:
``(2) Attempt.--Whoever attempts to commit an offense under
paragraph (1) shall be subject to the same penalty as for a
completed offense.'';
(II) in subsection (b)--
(aa) by inserting ``or causes'' after ``engages in'';
(bb) by inserting ``or by'' after ``sexual contact with'';
(cc) by inserting ``, or attempts to do so,'' after ``other
person's permission''; and
(dd) by striking ``two'' and inserting ``2''; and
(III) in subsection (c), by striking ``If the sexual
contact that violates this section (other than subsection
(a)(5)) is with an individual'' and inserting ``If the sexual
contact or attempted sexual contact that a person engages in
or causes in violation of this section (other than subsection
(a)(1)(E)) is with or by an individual''; and
(C) in section 2423(g)(1)--
(i) by striking ``a sexual act (as defined in section 2246)
with'' and inserting ``any conduct involving''; and
(ii) by striking ``sexual act occurred'' and inserting
``conduct occurred''.
(2) Effective date.--The amendment to section 2241(c) of
title 18, United States Code, made by paragraph (1) shall
apply to conduct that occurred before, on, or after the date
of enactment of this Act.
(c) Conforming Amendments Relating to Abusive Sexual
Contact.--
(1) Penalties for civil rights offenses involving sexual
misconduct.--Section 250(b) of title 18, United States Code,
is amended--
(A) in paragraph (2), by striking ``section 2244(a)(5),''
and inserting ``section 2244(a)(1)(E), or an attempt to
engage in or cause such contact as prohibited by section
2244(a)(2),'';
(B) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``subsection (a)(1) or (b) of section 2244,
but excluding abusive sexual contact through the clothing''
and inserting ``section 2244(a)(1)(A), an attempt to engage
in or cause such contact as prohibited by section 2244(a)(2),
or abusive sexual contact of the type prohibited by section
2244(b), but excluding abusive sexual contact through the
clothing or an attempt to engage in or cause such contact'';
(C) in paragraph (5), in the matter preceding subparagraph
(A), by striking ``section 2244(a)(2)'' and inserting
``section 2244(a)(1)(B) or an attempt to engage in or cause
such contact as prohibited by section 2244(a)(2)''; and
(D) in paragraph (6), in the matter preceding subparagraph
(A), by striking ``subsection (a)(3), (a)(4), or (b) of
section 2244'' and inserting ``subparagraph (C) or (D) of
section 2244(a)(1), an attempt to engage in or cause such
contact as prohibited by section 2244(a)(2), or abusive
sexual contact of the type prohibited by section 2244(b)''.
(2) Sentencing classification of offenses.--Section 3559 of
title 18, United States Code, is amended--
(A) in subsection (c)(2)(F)(i), by striking ``sections
2244(a)(1) and (a)(2)'' and inserting ``subparagraphs (A) and
(B) of section 2244(a)(1)''; and
(B) in subsection (e)(2)(A), by striking ``2244(a)(1)'' and
inserting ``2244(a)(1)(A)''.
SEC. 6805. ENHANCING NECESSARY FEDERAL OFFENSES REGARDING
CHILD EXPLOITATION (ENFORCE) ACT.
(a) Short Title.--This section may be cited as the
``Enhancing Necessary Federal Offenses Regarding Child
Exploitation Act'' or the ``ENFORCE Act''.
(b) Clarifying Production With Respect to Material
Constituting or Containing Child Pornography.--Section 2252A
of title 18, United States Code, is amended--
(1) in subsection (a), by striking paragraph (7) and
inserting the following:
``(7) knowingly produces child pornography, as defined in
section 2256(8)(C), that--
``(A) the person knows, or has reason to know, will be
mailed, shipped, or transported using any means or facility
of interstate or foreign commerce or in or affecting
interstate or foreign commerce;
``(B) was produced using materials that have been mailed,
shipped, or transported in or affecting interstate or foreign
commerce; or
``(C) has been mailed, shipped, or transported using any
means or facility of interstate or foreign commerce or in or
affecting interstate or foreign commerce,''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or (6)'' and inserting
``(6), or (7)''; and
(B) by striking paragraph (3).
(c) Enhancing Enforcement With Respect to Obscene Visual
Representations of Child Sexual Abuse.--
(1) Removing the statute of limitations for obscene visual
representations of child sexual abuse.--Section 3299 of title
18, United States Code, is amended by inserting ``1466A or''
before ``1591''.
(2) Including crimes of obscene visual representations of
child sexual abuse in sex offender registration.--Section
111(5)(A)(iii) of the Adam Walsh Child Protection and Safety
Act of 2006 (34 U.S.C. 20911(5)(A)(iii)) is amended by
inserting ``1466A or'' before ``1591''.
(3) Prohibition on reproduction of obscene visual
representations of child sexual abuse in discovery.--Section
1466A of title 18, United States Code, is amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following:
``(f) Prohibition on Reproduction of Obscene Visual
Depictions of Child Sexual Abuse.--In any criminal proceeding
brought under this section--
``(1) any visual depiction involved in a violation of this
section shall remain in the care, custody, and control of
either the Government or the court in the same manner
specified for child pornography in paragraphs (1) and (2) of
section 3509(m); and
``(2) any identifiable minor, as that term is defined in
section 2256(9), depicted in any visual depiction involved in
a violation of this section may have access to such depiction
in the same manner specified for a victim, with respect to
child pornography depicting the victim, in section
3509(m)(3).''.
(4) Presumption of detention for violations of section
1466a pending trial.--Section 3142 of title 18, United States
Code, is amended--
(A) in subsection (c)(1)(B), in the undesignated matter
following clause (xiv), by striking ``that involves'' and all
that follows through ``2425 of this title'' and inserting
``that involves an offense described in subsection
(e)(3)(E)''; and
(B) in subsection (e)(3), by striking subparagraph (E) and
inserting the following:
``(E) an offense--
``(i) involving a minor victim under section 1201, 1591,
2241(a), 2241(b), 2242, 2244(a)(1), 2245, 2421, or 2422(a) of
this title; or
``(ii) under section 1466A(a), 2241(c), 2251A, 2252(a)(1),
2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2),
2252A(a)(3), 2252A(a)(4), 2260, 2422(b), 2423, or 2425 of
this title.''.
(5) Supervised release for violations of section 1466a
after imprisonment.--Section 3583(k) of title 18, United
States Code, is amended, in the first sentence, by inserting
``1466A,'' before ``1591,''.
SEC. 6806. COUNTERING THREATS AND ATTACKS ON OUR JUDGES ACT.
(a) Short Title.--This section may be cited as the
``Countering Threats and Attacks on Our Judges Act''.
(b) Definitions.--Section 202 of the State Justice
Institute Act of 1984 (42 U.S.C. 10701) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(9) `eligible organization' means a national nonprofit
organization that--
``(A) provides technical assistance and training on, and
has expertise and national-level experience in, judicial
security and safety at the State and local levels;
``(B) has experience in courthouse design and courthouse
security design standards;
``(C) has an understanding of State judicial operations and
public access to judicial services; and
``(D) has experience working with a wide array of different
judges and court systems, including an understanding of the
challenges facing trial courts, appellate courts, rural
[[Page S4024]]
courts, and limited-jurisdiction courts at the State and
local levels.''.
(c) Establishment of State Judicial Threat Intelligence and
Resource Center.--Section 206(c) of the State Justice
Institute Act of 1984 (42 U.S.C. 10705(c)) is amended--
(1) in paragraph (14), by striking ``and'' at the end;
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following:
``(15) to provide financial and technical support to
eligible organizations to establish, implement, and operate a
State judicial threat and intelligence resource center to--
``(A) provide technical assistance and training around
judicial security, including--
``(i) providing judicial officer safety education and
training for judicial officers, courts, and local law
enforcement;
``(ii) creating resources and guides around judicial
security; and
``(iii) providing physical security assessments for courts,
homes, and other facilities where judicial officers and staff
conduct court-related business;
``(B) proactively monitor threats to the safety of State
and local judges and court staff;
``(C) coordinate with Federal, State, and local law
enforcement agencies to mitigate threats to the safety of
State and local judges and court staff;
``(D) develop standardized incident reporting and threat
evaluation practices for State and local courts in
coordination with State and local law enforcement and fusion
centers;
``(E) develop a national database for reporting, tracking,
and sharing information about threats and incidents towards
judicial officers and court staff at local and State levels
with entities working in the interest of judicial security,
including State and local law enforcement and fusion centers;
and
``(F) coordinate research to identify, examine, and advance
best practices around judicial security.''.
(d) Reports.--Not later than 1 year after the date on which
a State judicial threat intelligence and resource center is
established under paragraph (15) of section 206(c) of the
State Justice Institute Act of 1984, as added by subsection
(c) of this section, the State Justice Institute shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives an
annual report on the number of threats to State and local
judiciary members and court staff, with breakdown of types of
threats and level of seriousness.
SEC. 6807. CONFLICT-FREE LEAVING EMPLOYMENT AND ACTIVITY
RESTRICTIONS (CLEAR) PATH ACT.
(a) Short Title.--This section may be cited as the
``Conflict-free Leaving Employment and Activity Restrictions
Path Act'' or the ``CLEAR Path Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the executive branch have recognized the
importance of preventing and mitigating the potential for
conflicts of interest following Government service, including
with respect to senior United States officials working on
behalf of foreign governments; and
(2) Congress and the executive branch should jointly
evaluate the status and scope of post-employment
restrictions.
(c) Post-employment Restrictions on Officials in Positions
Subject to Senate Confirmation.--
(1) In general.--Section 207 of title 18, United States
Code, is amended by adding at the end the following:
``(m) Extended Post-employment Restrictions for Officials
in Positions Subject to Senate Confirmation.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of concern'
has the meaning given the term in section 1(m) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(m)), except that it does not include the country
described in paragraph (1)(A)(vi) of that section, as in
effect on the date of enactment of the Conflict-free Leaving
Employment and Activity Restrictions Path Act.
``(B) Foreign governmental entity.--The term `foreign
governmental entity' has the meaning given the term in
section 1(m) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a(m)).
``(C) Represent.--The term `represent' does not include
representation by an attorney, who is duly licensed and
authorized to provide legal advice in a United States
jurisdiction, of a person or entity in a legal capacity or
for the purposes of rendering legal advice.
``(D) Senate-confirmed position.--The term `Senate-
confirmed position' means a position in a department or
agency of the executive branch of the United States for which
appointment is required to be made by the President, by and
with the advice and consent of the Senate.
``(2) Agency heads, deputy heads, and other positions
subject to senate confirmation.--Any person who serves in a
position requiring appointment by the President as head or
deputy head of, or serves in any other Senate-confirmed
position in, a department or agency of the executive branch
of the United States, and who, at any time after the
termination of the person's service in that position,
knowingly represents, aids, or advises a foreign governmental
entity of a country of concern before an officer or employee
of the executive or legislative branch of the United States
with the intent to influence a decision of the officer or
employee in carrying out his or her official duties shall be
punished as provided in section 216.
``(3) Notice of restrictions.--Any person subject to the
restrictions under this subsection shall be provided notice
of these restrictions by the relevant department or agency--
``(A) upon appointment by the President; and
``(B) upon termination of service with the relevant
department or agency.
``(4) Effective date.--
``(A) In general.--Except as provided in subparagraph (B),
the restrictions under this subsection shall apply only to
persons who are appointed by the President to the positions
referenced in this subsection on or after the date of
enactment of the Conflict-free Leaving Employment and
Activity Restrictions Path Act.
``(B) Grace period for added countries of concern.--If the
definition of the term `country of concern' under subsection
(m) of section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a) is modified in accordance with
paragraph (7) of that subsection by adding a country to the
list of countries described in paragraph (1)(A) of that
subsection, in the case of any person who is appointed by the
President to a position referenced in this subsection on or
after the date of enactment of the Conflict-free Leaving
Employment and Activity Restrictions Path Act and who
knowingly represents, aids, or advises a foreign governmental
entity of a country added to the list of countries described
in paragraph (1)(A) of such subsection (m), the restrictions
under this subsection shall apply to such person on and after
the date that is 30 days after the date of enactment of a
relevant joint resolution of approval as described in
paragraph (7)(C) of such subsection (m) adding that country
to the list of countries described in paragraph (1)(A) of
such subsection (m).
``(5) Sunset.--
``(A) In general.--On and after the date that is 5 years
after the date of enactment of the Conflict-free Leaving
Employment and Activity Restrictions Path Act, the
restrictions under paragraph (2) shall not apply to any
person appointed by the President, on or after such date of
enactment, to a position referenced in this subsection,
without regard to the date on which the service of such
person in such position terminates.
``(B) No effect on conduct before sunset.--Nothing in
subparagraph (A) shall be construed to limit the
applicability of paragraph (2) with respect to any conduct by
a person appointed by the President to a position referenced
in this subsection that occurred before the date that is 5
years after the date of enactment of the Conflict-free
Leaving Employment and Activity Restrictions Path Act.''.
(2) Conforming amendment.--Section 1(m) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m))
is amended--
(A) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) Relation to government-wide restrictions.--This
subsection shall not apply to a person by reason of the
person's service in a position referenced in this subsection
if the person is subject to the restrictions under section
207(m) of title 18, United States Code, by reason of the same
service.''.
(d) Mechanism to Amend Definition of ``Country of
Concern''.--Section 1(m) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(m)) is amended by
inserting after paragraph (6), as added by subsection (c)(2),
the following:
``(7) Modification to definition of `country of concern'.--
``(A) In general.--The Secretary of State may, in
consultation with the Attorney General, propose the addition
or deletion of countries described in paragraph (1)(A).
``(B) Submission.--Any proposal described in subparagraph
(A) shall--
``(i) be submitted to the Chairman and Ranking Member of
the Committee on Foreign Relations of the Senate and the
Chairman and Ranking Member of the Committee on the Judiciary
of the House of Representatives; and
``(ii) become effective upon enactment of a joint
resolution of approval as described in subparagraph (C).
``(C) Joint resolution of approval.--
``(i) In general.--For purposes of subparagraph (B)(ii),
the term `joint resolution of approval' means only a joint
resolution--
``(I) that does not have a preamble;
``(II) that includes in the matter after the resolving
clause the following: `That Congress approves the
modification of the definition of ``country of concern''
under section 1(m) of the State Department Basic Authorities
Act of 1956, as submitted by the Secretary of State on ____;
and section 1(m)(1)(A) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)) is amended
by ______.', the blank spaces being appropriately filled in
with the appropriate date and the amendatory language
required to modify the list of countries in paragraph (1)(A)
of this subsection by adding or deleting 1 or more countries;
and
[[Page S4025]]
``(III) the title of which is as follows: `Joint resolution
approving modifications to definition of ``country of
concern'' under section 1(m) of the State Department Basic
Authorities Act of 1956.'.
``(ii) Referral.--
``(I) Senate.--A resolution described in clause (i) that is
introduced in the Senate shall be referred to the Committee
on Foreign Relations of the Senate.
``(II) House of representatives.--A resolution described in
clause (i) that is introduced in the House of Representatives
shall be referred to the Committee on the Judiciary of the
House of Representatives.''.
SEC. 6808. LOCAL ACCESS TO COURTS ACT.
(a) Short Title.--This section may be cited as the ``Local
Access to Courts Act'' or ``LACA''.
(b) Organization of Texas District Courts.--Section
124(b)(2) of title 28, United States Code, is amended, in the
matter preceding paragraph (3), by inserting ``and College
Station'' before the period at the end.
(c) Organization of California District Courts.--Section
84(d) of title 28, United States Code, is amended by
inserting ``and El Centro'' after ``at San Diego''.
SEC. 6809. TREY'S LAW.
(a) Short Title.--This section may be cited as the
``Terminating Restrictive Enforcement of Youth Settlements
Law'' or ``TREY'S Law''.
(b) Findings and Purposes.--
(1) Findings.--
(A) Instrumentalities of interstate commerce.--Congress
finds the following:
(i) Sexual abuse of minors, including abuse facilitated
through instrumentalities of interstate commerce, is a matter
of national concern.
(ii) Agreements containing nondisclosure and
confidentiality provisions, frequently concluded through the
instrumentalities of interstate commerce, have been used to
silence survivors of sexual abuse and conceal ongoing or
repeated abuse.
(iii) The enforcement of such provisions interferes with
reporting to law enforcement agencies, child protection
authorities, Federal regulators, Members of Congress, and the
courts, and frustrates the enforcement of Federal criminal
and civil law.
(B) Necessary and proper clause and enforcement of federal
criminal law.--Congress further finds the following:
(i) Sexual abuse and trafficking of minors are prohibited
under Federal criminal law, including chapter 110 of title
18, United States Code, and section 1591 of title 18, United
States Code.
(ii) Nondisclosure and confidentiality agreements that
prohibit or restrict disclosure of sexual abuse of a minor
interfere with reporting to law enforcement, child protection
authorities, courts, Federal regulators, and Members of
Congress.
(iii) Such agreements frustrate the investigation and
prosecution of Federal crimes, chill cooperation with law
enforcement, and function as private mechanisms to obstruct
justice.
(iv) Congress has authority under clause 18 of section 8 of
article I of the Constitution of the United States (commonly
known as the ``Necessary and Proper Clause'') to ensure that
private agreements are not used to impede the enforcement of
Federal criminal and civil law protecting minors from sexual
exploitation and abuse.
(C) State action and section 5 of the 14th amendment.--
Congress further finds the following:
(i) Survivors of child sexual abuse possess fundamental
constitutional interests, secured by provisions of the Bill
of Rights as incorporated against the States through the 14th
Amendment to the Constitution of the United States, in
reporting crimes, seeking redress through the courts,
cooperating with law enforcement, and petitioning the
government for protection and enforcement.
(ii) When State courts or other governmental authorities
enforce nondisclosure or confidentiality provisions that
prohibit or restrict disclosure of sexual abuse of a minor,
such enforcement constitutes State action for purposes of the
14th Amendment to the Constitution of the United States.
(iii) Judicial enforcement of such provisions may deprive
survivors of due process of law, equal protection of the
laws, and meaningful access to courts, including rights
derived from the First Amendment to the Constitution of the
United States and incorporated against the States, in
violation of the 14th Amendment.
(iv) Agreements that obstruct justice, suppress the
reporting of crimes, or conceal criminal conduct have long
been regarded at common law, including at the time of the
founding of the United States, as void and unenforceable as
against public policy, and fall outside the traditional scope
of protected contractual liberty.
(v) At the time of the founding of the United States,
private agreements purporting to suppress prosecution,
conceal felonies, or restrain the reporting of crimes were
not recognized as valid or enforceable contracts, and no
party possessed a vested right in their judicial enforcement.
(vi) Congress has authority under section 5 of the 14th
Amendment to the Constitution of the United States to enact
appropriate remedial and preventive legislation to prevent
and remedy constitutional violations arising from State
judicial enforcement of private agreements that suppress
disclosure of criminal conduct involving minors.
(2) Purpose.--The purpose of this section is--
(A) to enforce the guarantees of the 14th Amendment to the
Constitution of the United States, including the right to
petition the government for redress of grievances and the
right of access to courts, by preventing State courts and
other governmental authorities from enforcing nondisclosure
or confidentiality provisions that suppress disclosure of
sexual abuse of minors;
(B) to ensure, pursuant to the authority of Congress under
article I of the Constitution of the United States, including
the Necessary and Proper Clause, that private agreements are
not used to obstruct the investigation or prosecution of
Federal crimes involving the sexual abuse or trafficking of
minors;
(C) to preserve access to courts and the right to petition
the government for redress of grievances; and
(D) to ensure that survivors of sexual abuse of minors, and
persons with knowledge of such abuse, may disclose such abuse
freely and without fear of civil liability.
(c) Definitions.--In this section:
(1) Minor person.--The term ``minor person'' means an
individual who has not attained 18 years of age.
(2) Nondisclosure clause.--The term ``nondisclosure
clause'' means a provision in a contract or agreement that
prohibits 1 or more parties to the contract or agreement from
disclosing conduct or information covered by the terms and
conditions of the contract or agreement.
(3) Sexual abuse against a minor person.--The term ``sexual
abuse against a minor person'' means--
(A) conduct that constitutes or allegedly constitutes--
(i) an offense under chapter 110 of title 18, United States
Code; or
(ii) sex trafficking of a minor person under section 1591
of title 18, United States Code; or
(B) any sexual act or sexual contact involving a minor
person that constitutes a criminal offense under Federal law
or the law of the State in which the act or contact occurs.
(d) Nondisclosure Agreements Void and Unenforceable.--
(1) In general.--A nondisclosure clause shall be void and
unenforceable as against public policy only to the extent
that the nondisclosure clause prohibits--
(A) a victim or alleged victim of sexual abuse against a
minor person from disclosing--
(i) that act of sexual abuse against a minor person; or
(ii) facts related to that act of sexual abuse against a
minor person; or
(B) any other person from disclosing facts related to
sexual abuse against a minor person described in subparagraph
(A) in support of, in furtherance of, or consistent with the
right of a victim or alleged victim to disclose under that
subparagraph.
(2) Permissible confidentiality.--Nothing in this section
shall be construed to prohibit a person, including a victim
or alleged victim of sexual abuse against a minor person,
from entering into a contract or agreement that restricts the
disclosure of information, including the amount or payment
terms of a settlement, by another party to the contract or
agreement, including an alleged perpetrator, so long as such
restriction does not prevent disclosure protected under
paragraph (1).
(e) Retroactive Application.--
(1) In general.--This section shall apply to any
nondisclosure clause in a contract or agreement entered into
before, on, or after the date of enactment of this Act.
(2) No enforcement actions.--No person may enforce or
attempt to enforce a nondisclosure clause described in
subsection (d)(1), regardless of the date on which the
contract or agreement containing the nondisclosure clause was
entered into.
(3) Preemption.--
(A) In general.--This section supersedes any State law to
the extent that such law permits enforcement of a provision,
the enforcement of which is prohibited under this section.
(B) Rule of construction.--Nothing in this section shall be
construed to prohibit a State or locality from enacting
legislation that--
(i) is consistent with this section; or
(ii) provides greater protection to a victim of sexual
abuse against a minor person than is provided under this
section.
SEC. 6810. DETERRING EXTERNAL THREATS AND ENSURING ROBUST
RESPONSES TO EGREGIOUS AND NEFARIOUS CRIMINAL
ENDEAVORS (DETERRENCE) ACT.
(a) Short Title.--This section may be cited as the
``Deterring External Threats and Ensuring Robust Responses to
Egregious and Nefarious Criminal Endeavors Act'' or the
``DETERRENCE Act''.
(b) Kidnapping.--Section 1201 of title 18, United States
Code, is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following:
``(h) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.--
``(1) In general.--The sentence of a person convicted of an
offense under subsection (a)
[[Page S4026]]
may be increased by up to 10 years if such offense was
committed knowingly at the direction of or in coordination
with a foreign government or an agent of a foreign
government.
``(2) Conspiracy.--The sentence of a person convicted of
conspiring to commit a violation of subsection (a) as part of
a conspiracy under the elements specified in subsection (c)
may be increased by up to 10 years if--
``(A) 1 or more of the persons involved in such conspiracy
were knowingly acting in coordination with a foreign
government or an agent of a foreign government; and
``(B) the person convicted of conspiring to commit a
violation of subsection (a) knew that 1 or more of the
persons involved in such conspiracy were knowingly acting in
coordination with a foreign government or an agent of a
foreign government.
``(3) Attempt.--The sentence of a person convicted of an
attempt to violate subsection (a) may be increased by up to 5
years if such attempt was knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government.''; and
(3) in subsection (i), as so designated, by inserting
``Definition.--'' before ``As used in this section''.
(c) Use of Interstate Commerce Facilities in the Commission
of Murder-for-hire.--
(1) In general.--Section 1958 of title 18, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection (c);
(B) by inserting after subsection (a) the following:
``(b) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.--The sentence of a
person convicted of an offense under subsection (a)--
``(1) may be increased by up to 5 years, if such offense
was committed knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government; and
``(2) may be increased by up to 10 years--
``(A) if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government; and
``(B) personal injury results.''; and
(C) in subsection (c), as so redesignated, by inserting
``Definitions.--'' before ``As used in this section''.
(2) Technical and conforming amendments.--
(A) Section 2332b(g)(2) of title 18, United States Code, is
amended by striking ``section 1958(b)(2)'' and inserting
``section 1958''.
(B) Section 1010A(d) of the Controlled Substances Import
and Export Act (21 U.S.C. 960a(d)) is amended by striking
``section 1958(b)(1)'' and inserting ``section 1958''.
(d) Influencing, Impeding, or Retaliating Against a Federal
Official by Threatening or Injuring a Family Member.--Section
115(b) of title 18, United States Code, is amended by adding
at the end the following:
``(5) The sentence of a person convicted of an offense
under subsection (a), if such offense was committed knowingly
at the direction of or in coordination with a foreign
government or an agent of a foreign government--
``(A) may be increased by up to 5 years if the offense
committed was an assault involving physical contact with the
victim of that assault or the intent to commit another
felony;
``(B) may be increased by up to 10 years if--
``(i) the offense committed was an assault resulting in
bodily injury (including serious bodily injury (as that term
is defined in section 1365 of this title));
``(ii) the offense involved any conduct that, if the
conduct occurred in the special maritime and territorial
jurisdiction of the United States, would violate section 2241
or 2242 of this title; or
``(iii) a dangerous weapon was used during and in relation
to the offense; and
``(C) may be increased by up to 10 years if the offense
committed was a murder, attempted murder, or conspiracy to
murder.''.
(e) Stalking.--Section 2261A of title 18, United States
Code, is amended--
(1) by striking ``Whoever--'' and inserting ``(a) In
General.--Except as provided in subsection (b), whoever--'';
and
(2) by adding at the end the following:
``(b) Enhanced Penalties for Offenses Involving Foreign
Governments.--The sentence of a person convicted of an
offense under paragraph (1) or (2) of subsection (a), if such
offense was committed knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government--
``(1) may be increased by up to 5 years if--
``(A) serious bodily injury (including permanent
disfigurement or life threatening bodily injury) to the
victim results;
``(B) the offender uses a dangerous weapon during the
offense; or
``(C) the victim of the offense is under the age of 18
years;
``(2) may be increased by up to 10 years if death of the
victim results; and
``(3) may be increased by up to 30 months in any other
case.''.
(f) Protection of Officers and Employees of the United
States.--Section 1114 of title 18, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.--The sentence of a
person convicted of an offense under subsection (a) may be
increased by up to 10 years if such offense was committed
knowingly at the direction of or in coordination with a
foreign government or an agent of a foreign government.''.
(g) Presidential and Presidential Staff Assassination,
Kidnapping, and Assault.--Section 1751 of title 18, United
States Code, is amended--
(1) by redesignating subsections (f) through (k) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
``(f)(1) The sentence of a person convicted of an offense
under subsection (a), (b), or (c) may be increased by up to
10 years if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government.
``(2) The sentence of a person convicted of conspiring to
kill or kidnap any individual designated in subsection (a) as
part of a conspiracy under the elements specified in
subsection (d) may be increased by up to 10 years if--
``(A) 1 or more of the persons involved in such conspiracy
were knowingly acting in coordination with a foreign
government or an agent of a foreign government; and
``(B) the person convicted of conspiring to kill or kidnap
an individual designated in subsection (a) knew that 1 or
more of the persons involved in such conspiracy were
knowingly acting in coordination with a foreign government or
an agent of a foreign government.
``(3) The sentence of a person convicted of an offense
under subsection (e) may be increased by up to 10 years if--
``(A) the victim was any person designated in subsection
(a)(1); and
``(B) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
``(4) The sentence of a person convicted of an offense
under subsection (e) may be increased by up to 10 years if--
``(A) the victim was any person designated in subsection
(a)(2); and
``(B) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
``(5) The sentence of a person convicted of an offense
under subsection (e) may be increased by up to 10 years if--
``(A)(i) the offense involved the use of a dangerous
weapon; or
``(ii) personal injury resulted; and
``(B) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.''.
SEC. 6811. TRIBAL WARRANT FAIRNESS ACT.
(a) Short Title.--This section may be cited as the ``Tribal
Warrant Fairness Act''.
(b) Definition.--In this section, the term ``Indian Tribe''
means any Indian or Alaska Native tribe, band, nation,
pueblo, village, community, component band, or component
reservation individually identified (including
parenthetically) on the most recent list published by the
Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(c) Amendments.--
(1) U.S. marshals service.--Section 566(e)(1) of title 28,
United States Code, is amended--
(A) in subparagraph (B), by inserting ``including Tribal
fugitive matters (on the request of an Indian Tribe, as
defined in section 2 of the Tribal Warrant Fairness Act, as
applicable),'' after ``matters,''; and
(B) in subparagraph (D), by inserting ``Tribal,'' after
``local,''.
(2) Presidential threat protection act of 2000.--Section 6
of the Presidential Threat Protection Act of 2000 (34 U.S.C.
41503) is amended--
(A) in subsection (a)--
(i) by inserting ``and Indian Tribes, as defined in section
2 of the Tribal Warrant Fairness Act'' after ``components'';
and
(ii) by striking ``and local'' and inserting ``local, and
Tribal''; and
(B) in subsection (c), by striking ``Federal or State law''
and inserting ``Federal, State, or Tribal law''.
SEC. 6812. TRACKING AND REPORTING ABSENT COMMUNITY-MEMBERS
EVERYWHERE (TRACE) ACT.
(a) Short Title.--This section may be cited as the
``Tracking and Reporting Absent Community-Members Everywhere
Act'' or the ``TRACE Act''.
(b) Definitions.--In this section:
(1) Attorney general.--The term ``Attorney General'' means
the Attorney General, acting through the Director of the
National Institute of Justice.
(2) Federal land.--The term ``Federal land'' means land
owned by the United States that is under the administrative
jurisdiction of--
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior (except land held in
trust for the benefit of an Indian Tribe); or
(C) the Secretary of Defense only with respect to land and
water resources projects administered by the Corps of
Engineers.
(3) Territorial waters of the united states.--The term
``territorial waters of the United States'' means all waters
of the territorial sea of the United States, 12 nautical
[[Page S4027]]
miles wide, adjacent to the coast of the United States and
seaward of the territorial baseline, as described in
Presidential Proclamation 5928 of December 27, 1988.
(c) Data Field in the National Missing and Unidentified
Persons System Related to Federal Land and Territorial
Waters.--The Attorney General shall include in the National
Missing and Unidentified Persons System a data field to
indicate whether the last known location of the missing
person was confirmed or was suspected to have been on Federal
land or in the territorial waters of the United States,
including any specific location details about the unit of
Federal land or the area of the territorial waters of the
United States that was the last known location of the missing
person.
(d) Report.--Not later than January 15 of the second
calendar year that begins after the date of enactment of this
Act, and annually thereafter, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report that contains, for the previous
calendar year, the number of cases in the National Missing
and Unidentified Persons System for which the missing
person's last known location was confirmed or was suspected
to have been on Federal land or in the territorial waters of
the United States.
SEC. 6813. FIGHTING POST-TRAUMATIC STRESS DISORDER ACT.
(a) Short Title.--This section may be cited as the
``Fighting Post-Traumatic Stress Disorder Act of 2026''.
(b) Findings.--Congress finds the following:
(1) Public safety officers serve their communities with
bravery and distinction in order to keep their communities
safe.
(2) Public safety officers, including police officers,
firefighters, emergency medical technicians, and 911
dispatchers, are on the front lines of dealing with
situations that are stressful, graphic, harrowing, and life-
threatening.
(3) The work of public safety officers puts them at risk
for developing post-traumatic stress disorder and acute
stress disorder.
(4) It is estimated that 30 percent of public safety
officers develop behavioral health conditions at some point
in their lifetimes, including depression and post-traumatic
stress disorder, in comparison to 20 percent of the general
population that develops such conditions.
(5) Victims of post-traumatic stress disorder and acute
stress disorder are at a higher risk of dying by suicide.
(6) Firefighters have been reported to have higher suicide
attempt and ideation rates than the general population.
(7) It is estimated that between 125 and 300 police
officers die by suicide every year.
(8) In 2019, pursuant to section 2(b) of the Law
Enforcement Mental Health and Wellness Act of 2017 (Public
Law 115-113; 131 Stat. 2276), the Director of the Office of
Community Oriented Policing Services of the Department of
Justice developed a report (referred to in this section as
the ``LEMHWA report'') that expressed that many law
enforcement agencies do not have the capacity or local access
to the mental health professionals necessary for treating
their law enforcement officers.
(9) The LEMHWA report recommended methods for establishing
remote access or regional mental health check programs at the
State or Federal level.
(10) Individual police and fire departments generally do
not have the resources to employ full-time mental health
experts who are able to treat public safety officers with
state-of-the-art techniques for the purpose of treating job-
related post-traumatic stress disorder and acute stress
disorder.
(c) Programming for Post-traumatic Stress Disorder.--
(1) Definitions.--In this section:
(A) Public safety officer.--The term ``public safety
officer''--
(i) has the meaning given the term in section 1204 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10284); and
(ii) includes Tribal public safety officers.
(B) Public safety telecommunicator.--The term ``public
safety telecommunicator'' means an individual who--
(i) operates telephone, radio, or other communication
systems to receive and communicate requests for emergency
assistance at 911 public safety answering points and
emergency operations centers;
(ii) takes information from the public and other sources
relating to crimes, threats, disturbances, acts of terrorism,
fires, medical emergencies, and other public safety matters;
and
(iii) coordinates and provides information to law
enforcement and emergency response personnel.
(2) Report.--Not later than 150 days after the date of
enactment of this Act, the Attorney General, acting through
the Director of the Office of Community Oriented Policing
Services of the Department of Justice, shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on--
(A) not fewer than 1 proposed program, if the Attorney
General determines it appropriate and feasible to do so, to
be administered by the Department of Justice for making
state-of-the-art treatments or preventative care available to
public safety officers and public safety telecommunicators
with regard to job-related post-traumatic stress disorder or
acute stress disorder by providing public safety officers and
public safety telecommunicators access to evidence-based
trauma-informed care, peer support, counselor services, and
family supports for the purpose of treating or preventing
post-traumatic stress disorder or acute stress disorder;
(B) a draft of any necessary grant conditions required to
ensure that confidentiality is afforded to public safety
officers on account of seeking the care or services described
in subparagraph (A) under the proposed program;
(C) how each proposed program described in subparagraph (A)
could be most efficiently administered throughout the United
States at the State, Tribal, territorial, and local levels,
taking into account in-person and telehealth capabilities;
(D) a draft of legislative language necessary to authorize
each proposed program described in subparagraph (A) ; and
(E) an estimate of the amount of annual appropriations
necessary for administering each proposed program described
in subparagraph (A) .
(3) Development.--In developing the report required under
paragraph (2), the Attorney General shall consult relevant
stakeholders, including--
(A) Federal, State, Tribal, territorial, and local agencies
employing public safety officers and public safety
telecommunicators; and
(B) nongovernmental organizations, international
organizations, academies, or other entities, including
organizations that support the interests of public safety
officers, public safety telecommunicators, and family members
of public safety officers and public safety
telecommunicators.
SEC. 6814. COMPREHENSIVE HEALTH AND INTEGRITY IN LICENSING
AND DOCUMENTATION (CHILD) ACT.
(a) Short Title.--This Act may be cited as the
``Comprehensive Health and Integrity in Licensing and
Documentation Act of 2026'' or the ``CHILD Act of 2026''.
(b) Defining ``Covered Individual'' for Purposes of
Background Checks Under the National Child Protection Act of
1993.--Section 5(9)(B) of the National Child Protection Act
of 1993 (34 U.S.C. 40104(9)(B)) is amended--
(1) in clause (i)--
(A) by inserting ``, contracts with,'' after ``is employed
by'';
(B) by inserting ``, contract with,'' after ``be employed
by''; and
(C) by striking ``or'' at the end;
(2) by redesignating clause (ii) as clause (iii);
(3) by inserting after clause (i) the following:
``(ii) is employed by or volunteers with, or seeks to be
employed by or volunteer with, an entity that is under
contract with a qualified entity;'';
(4) in clause (iii), as so redesignated, by adding ``or''
at the end; and
(5) by adding at the end the following:
``(iv) is licensed or certified, or seeks to be licensed or
certified, by a qualified entity;''.
TITLE LXXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle D--Other Matters
SEC. 7801. REPORT ON MILITARY INSTALLATIONS AND OTHER
LOCATIONS IMPACTED BY CONFLICT WITH ISLAMIC
REPUBLIC OF IRAN.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
military installations, forward operating bases, and
cooperative security locations damaged or impacted during the
conflict with the Islamic Republic of Iran.
(b) Elements.--The report submitted under subsection (a)
shall include--
(1) for each location included in the report, a
comprehensive cost estimate of the necessary repairs for such
location; and
(2) a list of the critical munitions (by type), including
the number of such munitions, expended during the conflict
with the Islamic Republic of Iran.
DIVISION F--INTELLIGENCE AUTHORIZATION
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2027''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATION
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--MATTERS RELATING TO THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
Sec. 301. Appointment of Deputy Director of National Intelligence and
Assistant Directors of National Intelligence.
[[Page S4028]]
Sec. 302. Repeal of National Intelligence Management Council.
Sec. 303. Repeal of various positions, units, centers, councils, and
offices.
Sec. 304. Limitation on domestic activities at the National
Counterterrorism Center.
Sec. 305. Timely provision of security direction to intelligence
community whistleblowers.
Sec. 306. No police, subpoena, or law enforcement powers or internal
security functions for Director of National Intelligence.
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modification relating to security personnel at certain
installations.
TITLE V--MATTERS RELATING TO OTHER ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Sec. 501. Authority of National Security Agency to correlate, evaluate,
and disseminate certain intelligence.
Sec. 502. Funds for foreign intelligence activities conducted with and
by the National Reconnaissance Office.
Sec. 503. Modification of annual report on Federal Bureau of
Investigation case data.
Sec. 504. Establishment of Office of Counterintelligence.
Sec. 505. Role of National Security Agency in collection and analysis
of signals intelligence.
TITLE VI--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 601. Amendments to presidential appointments for intelligence
community positions.
Sec. 602. Analytic standards for all-source intelligence products.
Sec. 603. Ben Sasse Intelligence Community Technology Fellowship
Program.
Sec. 604. Countering hostile foreign cyber actors as a national
intelligence priority.
Sec. 605. Notification of criminal referrals regarding current or
former intelligence community employees.
Sec. 606. Modification of definitions in National Security Act of 1947
and scope of intelligence sharing responsibilities of
Director of National Intelligence.
Sec. 607. Prohibition on intelligence community use of adversary
unmanned ground vehicles.
Sec. 608. China-Taiwan Strategic Warning Task Force.
Sec. 609. Limitations relating to Chinese products and services.
Sec. 610. Biological intelligence activities of the intelligence
community.
Sec. 611. Prohibition on participation in prediction markets.
Sec. 612. Repeal of certain report and briefing requirements.
Sec. 613. Intelligence community personnel travel, allowances, and
related expenses regulations.
Sec. 614. Prohibition on sending and receiving objects using entities
owned or controlled by persons or governments of certain
countries.
Sec. 615. Enhancing intelligence cooperation in the Indo-Pacific
region.
Sec. 616. Intelligence activities related to Ukraine.
Sec. 617. Requirements relating to intelligence sharing with countries
and partners of significant importance to the United
States.
Sec. 618. United States-Israel intelligence sharing enhancement.
TITLE VII--ARTIFICIAL INTELLIGENCE MATTERS RELATING TO THE INTELLIGENCE
COMMUNITY
Sec. 701. Artificial intelligence exploitation guard and intelligence
sharing.
Sec. 702. Director of National Intelligence review of intelligence
community use of artificial intelligence to support
targeting.
Sec. 703. Improvements for artificial intelligence policies, standards,
and guidance for intelligence community.
Sec. 704. Additional functions and requirements of Artificial
Intelligence Security Center.
Sec. 705. Reports on novel uses of artificial intelligence technology.
Sec. 706. Clear labeling of artificial intelligence outputs for
targeting workflows.
Sec. 707. Research on use of artificial intelligence relating to
inadvertent escalation.
Sec. 708. Research on interaction of adversarial artificial
intelligence systems with intelligence community systems.
Sec. 709. Review of artificial intelligence security vulnerabilities
under Vulnerabilities Equities Process.
Sec. 710. Prohibition on certain artificial intelligence models on
intelligence community systems.
TITLE VIII--OTHER MATTERS
Sec. 801. Modification to notification requirements for authorized and
ordered departures.
Sec. 802. Intelligence support to the U.S. International Development
Finance Corporation.
Sec. 803. Technical amendments.
SEC. 2. DEFINITIONS.
In this division:
(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 2027 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 2027 the sum of $568,000,000.
(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 2027 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 2027.
TITLE III--MATTERS RELATING TO THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
SEC. 301. APPOINTMENT OF DEPUTY DIRECTOR OF NATIONAL
INTELLIGENCE AND ASSISTANT DIRECTORS OF
NATIONAL INTELLIGENCE.
(a) Redesignation of Principal Deputy Director of National
Intelligence as Deputy Director of National Intelligence.--
(1) In general.--Subsection (a) of section 103A of the
National Security Act of 1947 (50 U.S.C. 3026) is amended--
(A) in the subsection heading, by striking ``Principal'';
and
(B) by striking ``Principal'' each place it appears.
(2) Conforming amendments.--Subsection (c) of such section
is amended--
(A) in the subsection heading, by striking ``Principal'';
and
(B) in paragraph (2)(B), by striking ``Principal''.
(3) Additional conforming amendment.--
(A) National security act of 1947.--Such Act is further
amended--
(i) in section 103(c)(2) (50 U.S.C. 3025(c)(2)), by
striking ``Principal'';
(ii) in section 103I(b)(1) (50 U.S.C. 3034(b)(1)), by
striking ``Principal'';
(iii) in section 106(a)(2)(A) (50 U.S.C. 3041(a)(2)(A)), by
striking ``Principal''; and
(iv) in section 116(b) (50 U.S.C. 3053(b)), by striking
``Principal''.
(B) Damon paul nelson and matthew young pollard
intelligence authorization act for fiscal years 2018, 2019,
and 2020.--Section 6310 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3351b) is amended by striking
``Principal'' each place it appears.
(C) National defense authorization act for fiscal year
2022.--Section 1683(b)(3) of
[[Page S4029]]
the National Defense Authorization Act for Fiscal Year 2022
(50 U.S.C. 3373(b)(3)) is amended by striking ``Principal''
both places it appears.
(b) Elimination of Deputy Directors of National
Intelligence and Establishment of Assistant Directors of
National Intelligence.--
(1) In general.--Section 103A(b) of the National Security
Act of 1947 (50 U.S.C. 3026(b)) is amended--
(A) in the subsection heading, by striking ``Deputy'' and
inserting ``Assistant'';
(B) in paragraph (1), by striking ``may'' and all that
follows through the period at the end and inserting the
following: ``is an Assistant Director of National
Intelligence for Mission Integration and an Assistant
Director of National Intelligence for Policy and
Capabilities, who shall be appointed by the Director of
National Intelligence.''; and
(C) in paragraph (2), by striking ``Deputy'' and inserting
``Assistant''.
(2) Conforming amendments.--The National Security Act of
1947 (50 U.S.C. 3001 et seq.) is amended--
(A) in section 102A(l)(4)(F) (50 U.S.C. 3024(l)(4)(F)), as
redesignated by section 402(g)(1)(B), by striking ``a
Deputy'' and inserting ``an Assistant''; and
(B) in section 103(c) (50 U.S.C. 3025(c)), by striking
paragraph (3).
(c) References to Principal Deputy Director of National
Intelligence in Law.--Any reference in law to the Principal
Deputy Director of National Intelligence shall be treated as
a reference to the Deputy Director of National Intelligence.
(d) Clerical Amendments.--
(1) Section heading.--Section 103A of such Act (50 U.S.C.
3026) is further amended, in the section heading, by striking
``deputy directors of national intelligence'' and inserting
``deputy director of national intelligence and assistant
directors of national intelligence''.
(2) Table of contents.--The table of contents for such Act,
in the matter preceding section 2 of such Act, is amended by
striking the item relating to section 103A and inserting the
following:
``Sec. 103A. Deputy Director of National Intelligence and Assistant
Directors of National Intelligence.''.
SEC. 302. REPEAL OF NATIONAL INTELLIGENCE MANAGEMENT COUNCIL.
(a) In General.--Section 103M of the National Security Act
of 1947 (50 U.S.C. 3034d) is repealed.
(b) Clerical Amendment.--The table of contents of such Act
is amended by striking the item relating to section 103M.
SEC. 303. REPEAL OF VARIOUS POSITIONS, UNITS, CENTERS,
COUNCILS, AND OFFICES.
(a) Intelligence Community Chief Data Officer.--
(1) Repeal.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by striking section 103K
(50 U.S.C. 3034b).
(2) Conforming amendment.--Section 103G of such Act (50
U.S.C. 3032) is amended by striking subsection (d).
(3) Clerical amendment.--The table of contents for such Act
in the matter preceding section 2 of such Act is amended by
striking the item relating to section 103K.
(b) Intelligence Community Innovation Unit.--
(1) Termination.--The Director of National Intelligence
shall take such actions as may be necessary to terminate and
wind down the operations of the Intelligence Community
Innovation Unit before the date specified in paragraph (3).
(2) Repeal.--
(A) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is further amended by striking
section 103L (50 U.S.C. 3034c).
(B) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section
103L.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
(c) Technical Amendment Regarding Expired Climate Security
Advisory Council.--
(1) Repeal.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is further amended by striking
section 120 (50 U.S.C. 3060).
(2) Conforming amendment.--Section 331 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 10 U.S.C. 113 note) is amended by striking paragraph
(2) and inserting the following:
``(2) The term `climate security' means the effects of
climate change on the following:
``(A) The national security of the United States, including
national security infrastructure.
``(B) Subnational, national, and regional political
stability.
``(C) The security of allies and partners of the United
States.
``(D) Ongoing or potential political violence, including
unrest, rioting, guerrilla warfare, insurgency, terrorism,
rebellion, revolution, civil war, and interstate war.''.
(3) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section 120.
(d) Framework for Cross-Disciplinary Education and
Training.--
(1) Repeal.--Subtitle A of title X of the National Security
Act of 1947 (50 U.S.C. 3191 et seq.) is amended by striking
section 1002 (50 U.S.C. 3192).
(2) Clerical amendment.--The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section
1002.
(e) Joint Intelligence Community Council.--
(1) Termination.--The Joint Intelligence Community Council
is terminated.
(2) Conforming amendment.--Title I of the National Security
Act of 1947 (50 U.S.C. 3021 et seq.) is amended by striking
section 101A (50 U.S.C. 3022).
(3) Repeal of requirement to consult with joint
intelligence community council for national intelligence
program budget.--Section 102A(c)(1)(B) of the National
Security Act of 1947 (50 U.S.C. 3024(c)(1)(B)) is amended by
striking ``, as appropriate, after obtaining the advice of
the Joint Intelligence Community Council,''.
(4) Clerical amendment.--The table of contents for such Act
in the matter preceding section 2 of such Act is amended by
striking the item relating to section 101A.
SEC. 304. LIMITATION ON DOMESTIC ACTIVITIES AT THE NATIONAL
COUNTERTERRORISM CENTER.
(a) Domestic Counterterrorism Intelligence.--Subsection (e)
of section 119 of the National Security Act of 1947 (50
U.S.C. 3056) is amended to read as follows:
``(e) Limitation on Domestic Activities.--The Center may,
consistent with applicable law, the direction of the
President, and the guidelines referred to in section 102A(b),
receive and retain intelligence pertaining to domestic
terrorism (as defined in section 2331 of title 18, United
States Code) only as necessary to enable the Center to
collect, retain, and disseminate intelligence pertaining to
international terrorism (as defined in section 2331 of title
18, United States Code).''.
SEC. 305. TIMELY PROVISION OF SECURITY DIRECTION TO
INTELLIGENCE COMMUNITY WHISTLEBLOWERS.
(a) Intelligence Community Employees.--Section
103H(k)(5)(D)(ii)(II) of the National Security Act of 1947
(50 U.S.C. 3033(k)(5)(D)(ii)(II)) is amended by inserting ``,
unless the Director does not provide such direction not later
than 7 calendar days after the date on which the employee
furnishes the statement required by subclause (I)'' after
``practices''.
(b) Central Intelligence Agency Employees.--Section
17(d)(5)(D)(ii)(II) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517(d)(5)(D)(ii)(II)) is amended by
inserting ``, unless the Director does not provide such
direction not later than 7 calendar days after the date on
which the employee furnishes the statement required by
subclause (I)'' after ``practices''.
SEC. 306. NO POLICE, SUBPOENA, OR LAW ENFORCEMENT POWERS OR
INTERNAL SECURITY FUNCTIONS FOR DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50
U.S.C. 3024) is amended by adding at the end the following:
``(z) No Police, Subpoena, or Law Enforcement Powers or
Internal Security Functions.--The Director of National
Intelligence shall have no police, subpoena, or law
enforcement powers or internal security functions.''.
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
SEC. 401. MODIFICATION RELATING TO SECURITY PERSONNEL AT
CERTAIN INSTALLATIONS.
Section 15(a)(1)(D) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3515(a)(1)(D)) is amended by inserting
``or the National Reconnaissance Office'' after ``Office of
the Director of National Intelligence''.
TITLE V--MATTERS RELATING TO OTHER ELEMENTS OF THE INTELLIGENCE
COMMUNITY
SEC. 501. AUTHORITY OF NATIONAL SECURITY AGENCY TO CORRELATE,
EVALUATE, AND DISSEMINATE CERTAIN INTELLIGENCE.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et
seq.) is amended by adding at the end the following:
``SEC. 23. AUTHORITY TO CORRELATE, EVALUATE, AND DISSEMINATE
CERTAIN INTELLIGENCE.
``The Director of the National Security Agency may--
``(1) correlate and evaluate intelligence related to
national security; and
``(2) disseminate such intelligence to legislative and
executive branch customers as the Director considers
appropriate.''.
SEC. 502. FUNDS FOR FOREIGN INTELLIGENCE ACTIVITIES CONDUCTED
WITH AND BY THE NATIONAL RECONNAISSANCE OFFICE.
(a) In General.--Subchapter I of chapter 21 of title 10,
United States Code, is amended by inserting after section 421
the following:
``Sec. 421a. Funds for foreign intelligence activities
conducted with and by the National Reconnaissance Office
``(a) Use of Appropriated Funds.--The Director of the
National Reconnaissance Office may use appropriated funds
available to the National Reconnaissance Office for
intelligence and communications purposes to pay for the
expenses of arrangements with foreign countries for
intelligence activities conducted with and by the National
Reconnaissance Office.
``(b) Use of Funds Other Than Appropriated Funds.--The
Director of the National Reconnaissance Office may use funds
[[Page S4030]]
other than appropriated funds to pay for the expenses of
arrangements with foreign countries for intelligence
activities conducted with and by the National Reconnaissance
Office, except that--
``(1) no such funds may be expended, in whole or in part,
by or for the benefit of the Department of Defense for a
purpose for which Congress had previously denied funds;
``(2) proceeds from the sale of items or services may be
used only to purchase replacement items similar to the items
that are sold; and
``(3) the authority provided by this subsection may not be
used to acquire items or services for the principal benefit
of the United States.
``(c) Reports.--
``(1) Use of appropriated funds.--Any funds expended under
the authority of subsection (a) shall be reported, pursuant
to the provisions of title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.), to--
``(A) the Select Committee on Intelligence, the Committee
on Armed Services, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
``(B) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives.
``(2) Use of funds other than appropriated funds.--Funds
expended under the authority of subsection (b) shall be
reported to the committees described in paragraph (1)
pursuant to procedures jointly agreed upon by such committees
and the Director of the National Reconnaissance Office.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 421 the following:
``421a. Funds for foreign intelligence activities conducted with and by
the National Reconnaissance Office.''.
SEC. 503. MODIFICATION OF ANNUAL REPORT ON FEDERAL BUREAU OF
INVESTIGATION CASE DATA.
Section 512A(b)(6) of the National Security Act of 1947 (50
U.S.C. 3111a(b)(6)) is amended by striking ``country
affiliation'' and inserting ``terrorist organization''.
SEC. 504. ESTABLISHMENT OF OFFICE OF COUNTERINTELLIGENCE.
Section 311 of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2), the following new
paragraph (3):
``(3) identify and mitigate counterintelligence threats to
the Department of the Treasury; and''; and
(2) by adding at the end the following new subsection:
``(c) Office of Counterintelligence.--There is established,
within the Office of Intelligence and Analysis, the Office of
Counterintelligence, which shall be responsible for
implementing the policies and procedures across the bureaus
of the Department of the Treasury required to carry out the
counterintelligence responsibilities described in subsection
(a).''.
SEC. 505. ROLE OF NATIONAL SECURITY AGENCY IN COLLECTION AND
ANALYSIS OF SIGNALS INTELLIGENCE.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et
seq.) is amended by adding at the end the following:
``SEC. 23. SIGNALS INTELLIGENCE.
``The Director of the National Security Agency shall--
``(1) provide overall direction for and coordination of the
collection and analysis of signals intelligence by elements
of the intelligence community authorized to undertake such
collection and analysis; and
``(2) in coordination with other departments, agencies, and
elements of the United States Government that are authorized
to undertake such collection, ensure that--
``(A) the most effective use is made of resources; and
``(B) appropriate account is taken of the risks to the
United States and those involved in such collection.''.
TITLE VI--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 601. AMENDMENTS TO PRESIDENTIAL APPOINTMENTS FOR
INTELLIGENCE COMMUNITY POSITIONS.
(a) Appointment of Deputy Director of the Central
Intelligence Agency.--Section 104B(a) of the National
Security Act of 1947 (50 U.S.C. 3037(a)) is amended by
inserting ``, by and with the advice and consent of the
Senate'' after ``President''.
(b) Appointment of Deputy Director of the National Security
Agency.--Section 2 of the National Security Agency Act of
1959 (50 U.S.C. 3602) is amended by adding at the end the
following:
``(c) There is a Deputy Director of the National Security
Agency, who shall be appointed by the President, by and with
the advice and consent of the Senate.''.
(c) Appointment of Director of the National
Counterterrorism Center.--Section 119(b)(1) of the National
Security Act of 1947 (50 U.S.C. 3056(b)(1)) is amended by
striking ``President, by and with the advice and consent of
the Senate'' and inserting ``Director of National
Intelligence''.
(d) Appointment of Director the National
Counterintelligence and Security Center.--Section 902(a) of
the Intelligence Authorization Act for Fiscal Year 2003 (50
U.S.C. 3382(a)) is amended by striking ``President, by and
with the advice and consent of the Senate'' and inserting
``Director of National Intelligence''.
(e) Appointment of General Counsel of the Office of the
Director of National Intelligence.--Section 103C(a) of the
National Security Act of 1947 (50 U.S.C. 3028(a)) is amended
by striking ``by the President, by and with the advice and
consent of the Senate'' and inserting ``by the Director of
National Intelligence''.
(f) Appointment of General Counsel of the Central
Intelligence Agency.--Section 20(a) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3520(a)) is
amended by striking ``by the President, by and with the
advice and consent of the Senate'' and inserting ``by the
Director of the Central Intelligence Agency''.
SEC. 602. ANALYTIC STANDARDS FOR ALL-SOURCE INTELLIGENCE
PRODUCTS.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by adding at the end the
following:
``SEC. 1115. ANALYTIC STANDARDS FOR ALL-SOURCE INTELLIGENCE
PRODUCTS.
``(a) Definitions.--In this section:
``(1) All-source intelligence product.--The term `all-
source intelligence product'--
``(A) means any intelligence product published by an
element of the intelligence community using multiple types of
intelligence for purposes of providing an analytic assessment
or situational update; and
``(B) does not include a product containing purely law
enforcement information.
``(2) Assumption.--The term `assumption' means a
supposition used to frame or support an argument.
``(3) Judgment.--The term `judgment' means a conclusion
based on underlying intelligence information, analysis, and
assumptions.
``(b) Establishment.--
``(1) In general.--The production of any all-source
intelligence product shall adhere to--
``(A) the analytic standards described in subsection (c);
and
``(B) any guidance or policy issued under paragraph (2).
``(2) Guidance and policy.--The Director of National
Intelligence or any other head of an element of the
intelligence community may issue guidance or policy that
expands upon the standards described in subsection (c) as
such head considers appropriate, except that any such
guidance or policy shall not contradict or otherwise
circumvent such standards.
``(c) Analytic Standards.--The standards described in this
subsection are the following:
``(1) Objectivity.--In producing any all-source
intelligence product, an analyst--
``(A) shall--
``(i) perform the analyst's functions with objectivity and
with awareness of their own assumptions and reasoning;
``(ii) employ reasoning techniques and practical mechanisms
that reveal and mitigate bias;
``(iii) be alert to influence by existing analytic
positions or judgments; and
``(iv) consider alternative perspectives and contrary
information; and
``(B) shall not be unduly constrained by previous judgments
when new developments indicate a modification is necessary.
``(2) Independent of political consideration.--Any all-
source intelligence product shall not be--
``(A) distorted by, or shaped for, advocacy of a particular
audience, agenda, or policy viewpoint; or
``(B) influenced by the force of preference for a
particular policy.
``(3) Timely.--Any all-source intelligence product shall be
disseminated in time for the product to be actionable by
customers.
``(4) Based on all relevant information available.--Any
all-source intelligence product shall be informed by all
relevant information available.
``(5) Analytic tradecraft standards.--Any all-source
intelligence product shall adhere to the following analytic
tradecraft standards:
``(A) Sourcing.--Any all-source intelligence product
shall--
``(i) identify and properly describe the quality and
credibility of underlying sources, data, and methodologies
upon which judgments are based; and
``(ii) use source descriptors in accordance with sourcing
guidance prescribed by the Director of National Intelligence.
``(B) Uncertainty.--Any all-source intelligence product
shall--
``(i) indicate and explain the basis for the uncertainties
associated with major analytic judgments, specifically the
likelihood of occurrence of an event or development, and the
analyst's confidence in the basis for the judgment;
``(ii) note causes of uncertainty, including assumptions
and gaps, and explain how uncertainties affect analysis; and
``(iii) for expressions of likelihood or probability, use
one of the sets of terms defined in Intelligence Community
Directive 203.
``(C) Distinguishing.--Any all-source intelligence product
shall--
``(i) clearly distinguish statements that convey underlying
intelligence information used in analysis from statements
that convey assumptions or judgments;
``(ii) state an assumption explicitly when the assumption
serves as the linchpin of an
[[Page S4031]]
argument or when the assumption bridges key information gaps;
``(iii) explain the implications for judgments if
assumptions prove to be incorrect; and
``(iv) as appropriate, identify indicators that, if
detected, would alter judgments.
``(D) Incorporate analysis of alternatives.--Any all-source
intelligence product shall--
``(i) identify and assess plausible alternative hypotheses;
``(ii) in discussing alternatives, address factors such as
associated assumptions, likelihood, or implications related
to United States interests; and
``(iii) identify indicators that, if detected, would affect
the likelihood of identified alternatives.
``(E) Relevance.--Any all-source intelligence product shall
provide information and insight on United States national
security issues.
``(F) Argumentation.--Any all-source intelligence product
shall--
``(i) present a clear main analytic message up front;
``(ii) in the case of a product containing multiple
judgments, have a main analytic message that is drawn
collectively from those judgments; and
``(iii) be effectively supported by relevant intelligence
information and coherent reasoning.
``(G) Analytic line.--Any all-source intelligence product
shall--
``(i) state how its major judgments on a topic are
consistent with or represent a change from major judgments in
previously published analysis, or that it represent initial
coverage of a topic; and
``(ii) fully consider and bring to the attention of
customers significant differences in analytic judgment, such
as between two analytic elements of the intelligence
community.
``(H) Accuracy.--Any all-source intelligence product
shall--
``(i) apply expertise and logic to make the most accurate
judgments and assessments possible, based on the information
available and known information gaps; and
``(ii) express judgments as clearly and precisely as
possible, reducing ambiguity by addressing the likelihood,
timing, and nature of the outcome or development.
``(I) Visuals.--Any all-source intelligence product shall
incorporate effective visual information as appropriate. Any
content of any all-source intelligence product depicted
visually shall adhere to the analytic standards described in
this subsection.
``(d) Required Information.--
``(1) In general.--Except as provided in paragraph (2), any
all-source intelligence product shall include a section
dedicated to explaining the tradecraft related to the
analytic tradecraft standards described in subparagraphs (A),
(B), (C), (D), and (G) of subsection (c)(5).
``(2) Exceptions.--The requirement of paragraph (1) shall
not apply to--
``(A) any all source-intelligence product less than 300
words; or
``(B) any all-source intelligence product produced for the
President's Daily Brief.
``(e) Tracking Adherence to Analytic Standards.--The
Director of National Intelligence and each other head of an
element of the intelligence community shall--
``(1) develop metrics for evaluating the performance of
their respective element in adhering to the analytic
standards described in subsection (c); and
``(2) use such metrics to evaluate individual performance,
develop analytic workforce training, and inform Congress on
matters related to analytic performance.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by adding at the end the following:
``Sec. 1115. Analytic standards for all-source intelligence
products.''.
SEC. 603. BEN SASSE INTELLIGENCE COMMUNITY TECHNOLOGY
FELLOWSHIP PROGRAM.
(a) In General.--Title X of the National Security Act of
1947 (50 U.S.C. 3191 et seq.) is amended by inserting after
section 1002 the following:
``SEC. 1003. BEN SASSE INTELLIGENCE COMMUNITY TECHNOLOGY
FELLOWSHIP PROGRAM.
``(a) In General.--There is established a program (in this
section referred to as the `Program') under which selected
employees of the intelligence community may train at certain
nongovernmental entities as technology fellows.
``(b) Designation.--The program shall be known as the `Ben
Sasse Intelligence Community Technology Fellowship Program'.
``(c) Agreements.--
``(1) Nongovernmental entities.--Each head of an element of
the intelligence community described in paragraph (3) shall
seek to enter into agreements with nongovernmental entities
with experience in cutting-edge technology under which such
entities may host technology fellows under the Program.
``(2) Selected employees.--For each employee of an element
of the intelligence community selected for participation in
the Program in accordance with subsection (e), the head of
the element of the intelligence community that selected the
employee shall provide for a written agreement among that
element of the intelligence community, the nongovernmental
entity concerned, and the employee. The agreement shall--
``(A) require that the employee of the element of the
intelligence community, upon completion of the fellowship,
serve in that element, or elsewhere in the intelligence
community if approved by the head of the element that
selected the employee, for a period equal to twice the length
of the fellowship;
``(B) provide that if the employee of the element of the
intelligence community fails to carry out the agreement, the
employee shall be liable to the United States for payment of
all expenses of the fellowship, unless that failure was for
good and sufficient reason, as determined by the head of the
element that selected the employee; and
``(C) contain language ensuring that the employee of the
element of the intelligence community does not improperly use
information that the employee knows relates to an acquisition
or procurement of the element of the intelligence community
for the benefit or advantage of the nongovernmental entity.
``(3) Elements described.--The elements of the intelligence
community described in this paragraph are the following:
``(A) The Central Intelligence Agency.
``(B) The National Security Agency.
``(C) The National Geospatial-Intelligence Agency.
``(D) The National Reconnaissance Office.
``(E) The Defense Intelligence Agency.
``(d) Board.--
``(1) In general.--There is established a board for the
Program (in this section referred to as the `Board').
``(2) Membership.--The Board shall be composed of the
directors of science and technology, or equivalents, of the
elements of the intelligence community described in
subsection (c)(3).
``(3) Co-chairs.--The members of the Board shall serve as
co-chairs of the Board.
``(4) Selection criteria.--The Board shall establish
selection criteria for the participation of employees in the
Program.
``(e) Selection.--Each year, each head of an element of the
intelligence community described in subsection (c)(3) shall
select two employees of such element to participate in the
Program.
``(f) Term.--An employee selected for participation in the
Program may serve for one year as a technology fellow at a
nongovermental entity that has entered into an agreement
under subsection (c)(1) with the head of the element of the
intelligence community concerned.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
1002 the following:
``Sec. 1003. Ben Sasse Intelligence Community Technology Fellowship
Program.''.
SEC. 604. COUNTERING HOSTILE FOREIGN CYBER ACTORS AS A
NATIONAL INTELLIGENCE PRIORITY.
(a) Findings.--Congress finds the following:
(1) In 2025, foreign malicious cybercriminal organizations,
such as foreign scam centers that engage in sophisticated
investment fraud, cyber-enabled extortion activity, and
impersonation-based fraud, stole at least $7,566,000,000 from
Americans according to the Federal Bureau of Investigation's
Internet Crime Complaint Center, which has emphasized that
these estimates are conservative and only includes losses
reported to the Federal Bureau of Investigation.
(2) According to the Consumer Federation of America,
Americans are losing an estimated $119,000,000,000 each year
to online scams.
(3) Investigative reporting, Federal indictments, and
sanctions designations issued by the Department of the
Treasury have revealed the extent to which foreign malicious
cybercriminal organizations collaborate with foreign
governments, illicit finance actors, and foreign militia
groups whose activities present a threat to the economic and
national security of the United States.
(4) Foreign malicious cybercriminal organizations rely
extensively on communications and financial services of
United States companies, enabling the organizations'
targeting of vulnerable Americans.
(5) Targeted efforts against the United States intelligence
community by foreign malicious cybercriminal organizations to
defraud or extort by using deepfakes, voice-cloning, or other
sophisticated technological advancements presents a
counterintelligence threat.
(b) Sense of Congress.--
(1) In general.--It is the sense of Congress that--
(A) foreign malicious cybercriminal organizations, and
foreign affiliates associated with those organizations,
constitute hostile foreign cyber actors and are valid targets
for intelligence operations under existing intelligence
authorities; and
(B) the Director of National Intelligence should treat
collection, analysis, and disruption toward hostile foreign
cyber actors as a national intelligence priority as part of
the National Intelligence Priorities Framework.
(2) Hostile foreign cyber actors.--The hostile foreign
cyber actors described in paragraph (1) include, at a
minimum, the following:
(A) Prince Group.
(B) Huione Group.
(C) L.Y.P. Group.
(D) Jin Bei Group.
(E) Funnull Technology Inc.
(F) TransAsia International holding Group Thailand Company
Limited.
[[Page S4032]]
(G) The Democratic Karen Benevolent Army.
(H) HH Bank Cambodia PLC.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the Director of the
Federal Bureau of Investigation, shall submit to Congress a
report on hostile foreign cyber actors, such as foreign scam
centers.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An identification of the individuals and entities
operating as hostile foreign cyber actors, including foreign
scam centers, that pose the most significant threat.
(B) An identification of the locations from which the
individuals and entities identified under subparagraph (A)
operate.
(C) A description of the infrastructure, tactics, and
techniques hostile foreign cyber actors, including foreign
scam centers, commonly use, including reliance on any
products or services subject to the jurisdiction of the
United States.
(D) A description of any relationships between the
individuals and entities that operate as hostile foreign
cyber actors, including foreign scam centers, and their
governments or countries of origin that could impede the
ability to counter threats from such centers.
(E) An identification of communications and financial
services providers subject to the jurisdiction of the United
States that provide enabling services to individuals and
entities identified under subparagraph (A).
(F) A description of any relationships that the individuals
and entities identified under subparagraph (A) have with
transnational organized crime groups.
(3) Form; public availability.--The report required by
paragraph (1) shall be submitted in unclassified form, but
may include a classified annex. The unclassified form of the
report shall be made available to the public.
SEC. 605. NOTIFICATION OF CRIMINAL REFERRALS REGARDING
CURRENT OR FORMER INTELLIGENCE COMMUNITY
EMPLOYEES.
(a) In General.--Title V of the National Security Act of
1947 ( 50 U.S.C. 3091 et seq.) is amended by adding at the
end the following:
``SEC. 519. NOTIFICATION OF CRIMINAL REFERRALS REGARDING
CURRENT OR FORMER INTELLIGENCE COMMUNITY
EMPLOYEES.
``(a) Definition of Appropriate Committees of Congress.--In
this section, the term `appropriate committees of Congress'
means the following:
``(1) The congressional intelligence committees.
``(2) The Committee on the Judiciary of the Senate.
``(3) The Committee on the Judiciary of the House of
Representatives.
``(b) Notice Requirement.--If an element of the
intelligence community makes a criminal referral to the
Department of Justice regarding a current or former employee
of any element of the intelligence community, the general
counsel of the element of the intelligence community that
made the referral shall notify the appropriate committees of
Congress of the referral on the date such referral is made
and provide to the appropriate committees of Congress a
summary of the referral.''.
(b) Clerical Amendment.--The table of contents of the
National Security Act of 1947 (50 U.S.C. 3001 et seq.) is
amended by inserting after the item relating to section 518
the following:
``Sec. 519. Notification of criminal referrals regarding current or
former intelligence community employees.''.
SEC. 606. MODIFICATION OF DEFINITIONS IN NATIONAL SECURITY
ACT OF 1947 AND SCOPE OF INTELLIGENCE SHARING
RESPONSIBILITIES OF DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Definitions.--Section 3 of the National Security Act of
1947 (50 U.S.C. 3003) is amended--
(1) in paragraph (1), by striking ``includes'' and
inserting ``means''; and
(2) in paragraph (5)--
(A) in the matter before subparagraph (A), by striking
``refer to all'' and inserting ``means'';
(B) by amended subparagraph (B) to read as follows:
``(B) involves foreign threats to the United States, its
people, property, or interests.''.
(b) Scope of Intelligence Sharing Responsibilities.--
Section 102A(f)(1) of such Act (50 U.S.C. 3024(f)(1)) is
amended, in the first sentence, by inserting ``, and other
Federal agencies as the Director considers appropriate,''
after ``community''.
SEC. 607. PROHIBITION ON INTELLIGENCE COMMUNITY USE OF
ADVERSARY UNMANNED GROUND VEHICLES.
(a) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means any of the following:
(A) The People's Republic of China.
(B) The Russian Federation.
(C) The Islamic Republic of Iran.
(D) The Democratic People's Republic of Korea.
(2) Covered foreign entity.--The term ``covered foreign
entity'' means an entity that is domiciled in a covered
foreign country, or subject to influence or control by the
government of a covered foreign country as determined by the
Secretary of Homeland Security or the Secretary of Defense,
and any subsidiary or affiliate of such an entity.
(3) Covered unmanned ground vehicle system.--The term
``covered unmanned ground vehicle system''--
(A) means a mechanical device that--
(i) is capable of locomotion, navigation, or movement on
the ground; and
(ii) operates at a distance from one or more operators or
supervisors based on commands or in response to sensor data,
or through any combination thereof; and
(B) includes--
(i) remote surveillance vehicles, autonomous patrol
technologies, mobile robotics, and humanoid robots; and
(ii) the vehicle, its payload, and any external device used
to control the vehicle.
(b) Prohibition on Procurement of Covered Unmanned Ground
Vehicle Systems From Covered Foreign Entities.--
(1) In general.--Except as provided under paragraph (2),
the head of an element of the intelligence community may not
procure any covered unmanned ground vehicle system that is
manufactured or assembled by a covered foreign entity.
(2) Exemption.--The heads of elements of the intelligence
community are exempt from the restriction under paragraph (1)
if the procurement is required in the national interest of
the United States and--
(A) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned ground vehicle system or counter-unmanned ground
vehicle system technology;
(B) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of an unmanned ground vehicle system or counter-unmanned
ground vehicle technology; or
(C) is an unmanned ground vehicle system that, as procured
or as modified after procurement but before operational use,
can no longer transfer to, or download data from, a covered
foreign entity and otherwise poses no national security
cybersecurity risks as determined by the exempting official.
(c) Prohibition on Operation of Covered Unmanned Ground
Vehicle Systems From Covered Foreign Entities.--
(1) Prohibition.--
(A) In general.--Beginning on the date that is one year
after the date of the enactment of this Act and except as
provided in paragraph (2), no element of the intelligence
community may operate a covered unmanned ground vehicle
system manufactured or assembled by a covered foreign entity.
(B) Applicability to contracted services.--The prohibition
under subparagraph (A) applies to any covered unmanned ground
vehicle systems that are being used by any element of the
intelligence community through the method of contracting for
the services of covered unmanned ground vehicle systems.
(2) Exemption.--The heads of the elements of the
intelligence community are exempt from the restriction under
paragraph (1) if the operation is required in the national
interest of the United States and--
(A) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned ground vehicle system or counter-unmanned ground
vehicle system technology;
(B) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of an unmanned ground vehicle system or counter-unmanned
ground vehicle system technology; or
(C) is an unmanned ground vehicle system that, as procured
or as modified after procurement but before operational use,
can no longer transfer to, or download data from, a covered
foreign entity and otherwise poses no national security
cybersecurity risks as determined by the exempting official.
SEC. 608. CHINA-TAIWAN STRATEGIC WARNING TASK FORCE.
(a) Establishment.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish a task force to be known as the
China-Taiwan Strategic Warning Task Force (referred to in
this section as the ``Task Force'') to lead the efforts of
the intelligence community with respect to providing
indications and warning of any military aggression by the
People's Republic of China against Taiwan.
(b) Objectives.--The objectives of the Task Force are the
following:
(1) The synchronization of all intelligence community
efforts related to China-Taiwan indications and warning,
including the generation of indicators and development of
collection requirements related to such indicators.
(2) The coordination of analysis related to China-Taiwan
indications and warning and the development of analytic
methodologies for use across the intelligence community in
conducting analysis related to China-Taiwan indications and
warning.
[[Page S4033]]
(3) The development and implementation of information
technology solutions to synchronize the access of the
intelligence community to information relating to indications
and warning.
(c) Membership.--The Task Force shall be composed of the
following members (or their designees):
(1) The Director of National Intelligence.
(2) The Director of the Defense Intelligence Agency.
(3) The Director of the Central Intelligence Agency.
(4) The Director of the National-Geospatial Intelligence
Agency.
(5) The Director of the National Security Agency.
(6) The Assistant Secretary of the Treasury for
Intelligence and Analysis.
(7) The Assistant Secretary of State for Intelligence and
Research.
(8) Such other heads of the elements of the intelligence
community as the Director of National Intelligence determines
appropriate.
(d) Leadership; Organization; Meetings.--
(1) Chair.--The Director of National Intelligence (or a
designee of the Director) shall be the chair of the Task
Force.
(2) Working groups.--The Task Force may create subordinate
working groups as determined by the chair.
(3) Meeting frequency.--The Task Force shall meet regularly
but not less than quarterly.
(e) Staffing.--
(1) In general.--The Task Force may hire staff and create
joint duty assignments assigned to the Task Force. The Task
Force may not exceed 25 full-time equivalent staff in total.
(2) Agency liaison.--Each member listed in subsection (b)
shall appoint a senior intelligence officer from the agency
concerned to serve as a liaison to the Task Force. Such
liaison shall be responsible for coordinating the
participation and support of the agency concerned to the Task
Force.
(f) Initial Reports.--. Not later than 180 days after the
date of the enactment of this Act, the Task Force shall
submit to the congressional intelligence committees and the
congressional defense committees a report on the status of
the Task Force, including--
(1) a summary of the efforts of the intelligence community
with respect to China-Taiwan indications and warning;
(2) a summary of efforts by the Task Force to develop a
common set of indicators and organize collection efforts by
the intelligence community against such indicators;
(3) a description of the resources provided by each Task
Force member towards efforts with respect to China-Taiwan
indications and warning, disaggregated by--
(A) dollars spent or planned to be spent during fiscal year
2027; and
(B) total full-time equivalent personnel; and
(4) recommendations to improve the collection and analysis
of the intelligence community with respect to China-Taiwan
indications and warning.
(g) Sunset.--The provisions of this section shall terminate
on the date that is 5 years after the date of the enactment
of this Act.
SEC. 609. LIMITATIONS RELATING TO CHINESE PRODUCTS AND
SERVICES.
(a) Prohibition on Use by Intelligence Community.--
(1) In general.--Paragraph (1) of subsection (e) of section
6604 of the Intelligence Authorization Act for Fiscal Year
2026 (50 U.S.C. 3334m note; division F of Public Law 119-60)
is amended to read as follows:
``(1) Covered application.--The term `covered application'
means--
``(A) the DeepSeek application or any successor application
or service; or
``(B) any product or service from any entity of the
People's Republic of China that is included on--
``(i) the Entity List maintained by the Bureau of Industry
and Security of the Department of Commerce;
``(ii) the list (sometimes known as the `Non-SDN Chinese
Military-Industrial Complex Companies List') maintained by
the Office of Foreign Assets Control of the Department of the
Treasury under Executive Order 13959, as amended by Executive
Order 14032 (50 U.S.C. 1701 note; relating to addressing the
threat from securities investments that finance certain
companies of the People's Republic of China), or any
successor order; or
``(iii) the list of Chinese military companies required
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) and maintained by the
Department of Defense.''.
(2) Conforming amendment.--The heading for such section is
amended by striking ``deepseek'' and inserting ``products and
services from people's republic of china''.
(b) Limitation on Procurement by Intelligence Community.--
Section 414 of the Intelligence Authorization Act for Fiscal
Year 2022 (28 U.S.C. 532 note; division X of Public Law 117-
103) is amended--
(1) in the section heading, by striking ``by federal bureau
of investigation'';
(2) in subsection (a)--
(A) in the matter before paragraph (1), by striking
``Director of the Federal Bureau of Investigation'' and
inserting ``head of an element of the intelligence
community'';
(B) in paragraph (1), by striking ``Federal Bureau of
Investigation'' and inserting ``element''; and
(C) in paragraph (3), by striking ``Director (or a designee
of the Director)'' and inserting ``head'';
(3) in subsection (b), by striking ``the Director (or a
designee of the Director, as applicable) approves a
recommendation pursuant to subsection (a)(3), the Director
shall'' and inserting ``the head of an element of the
intelligence community approves a recommendation pursuant to
subsection (a)(3), the head shall'';
(4) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) People's republic of china product or service.--The
term `People's Republic of China product or service' means--
``(A) an information or communication technology product
manufactured in China, Hong Kong, or Macau and designed,
developed, or maintained by a firm that is domiciled in
China, Hong Kong, or Macau; or
``(B) an information or communication technology product or
service provided or manufactured by--
``(i) an entity that is fully or partially owned or
controlled by, or otherwise connected to, the government of
China; or
``(ii) an entity included on the list submitted by the
Director of National Intelligence under section 6706(c) of
the Intelligence Authorization Act for Fiscal Year 2026
(division F of Public Law 119-60; 139 Stat. 1648).''.
SEC. 610. BIOLOGICAL INTELLIGENCE ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by adding at the end
the following:
``SEC. 124. BIOLOGICAL INTELLIGENCE ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
``(a) Definitions.--In this section:
``(1) Biological data.--The term `biological data' means
multiomic information and other relevant information,
including associated descriptors, derived from the structure,
function, or process of a biological system, that is
measured, collected, or aggregated for analysis, including
information from humans, animals, plants, or microbes.
``(2) Biological intelligence.--The term `biological
intelligence' includes the information collected or
disseminated by the intelligence community concerning
biological threats through genomic surveillance,
immunological monitoring, environmental sampling, multiomic
analysis, and other scientific methodologies.
``(3) Biological threat.--The term `biological threat'
includes any naturally occurring infectious disease,
engineered pathogen, toxin, or other biological agent that
poses a risk to human, animal, or plant health or to the
national security of the United States.
``(b) Determination; Dissemination.--The Director of
National Intelligence, in such coordination with the
Secretary of Defense as the Director considers appropriate,
shall, consistent with applicable Federal law and Executive
Order 12333 (50 U.S.C. 3001 note; relating to United States
intelligence activities)--
``(1) determine which United States agencies would benefit
from receiving anonymized biological data and biological
intelligence in support of detection, characterization, and
attribution of foreign biological threats; and
``(2) disseminate such anonymized biological data and
biological intelligence to agencies identified under
paragraph (1).
``(c) Standards; Databases.--Not later than 1 year after
the date of the enactment of this section, the Director of
National Intelligence shall, in such coordination with the
Secretary of Defense as the Director considers appropriate
and in consultation with the Director of the National
Institute of Standards and Technology--
``(1) ensure standards for the collection and data formats
of anonymized biological data and biological intelligence
are, to the extent possible, consistent with standards used
by other United States agencies, including by--
``(A) providing for standardized data categorization and
tagging of biological data;
``(B) considering standardized scientific and laboratory
equipment and data collection methodologies; and
``(C) minimizing collection of any biological data that is
likely to contain biological or genomic information specific
to any United States person, including any derived data that
is specific to any United States person; and
``(2) facilitate the establishment and maintenance of
streamlined and unified accesses to databases of biological
intelligence collected by the intelligence community or the
Department of Defense.
``(d) Priority.--In carrying out subsections (b) and (c),
the Director of National Intelligence shall prioritize
supporting capabilities, including the development of
technical tools, that enable the early detection,
characterization, and attribution of naturally occurring,
novel, or engineered pathogens that could threaten the United
States.
``(e) Rule of Construction.--Unless otherwise authorized by
any other provision of law, nothing in this section shall be
construed to allow the sharing or dissemination of anonymized
biological data derived from law enforcement actions, or to
allow such law enforcement data to be maintained or shared
through databases covered in paragraph (c)(2), unless such
biological data solely relates to a biological threat as
defined by (a)(3).''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting
[[Page S4034]]
after the item relating to section 123 the following:
``Sec. 124. Biological intelligence activities of the intelligence
community.''.
SEC. 611. PROHIBITION ON PARTICIPATION IN PREDICTION MARKETS.
(a) In General.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by inserting after
section 304 the following:
``SEC. 304A. PROHIBITION ON PARTICIPATION IN PREDICTION
MARKETS.
``(a) In General.--Except as may be necessary to conduct
authorized intelligence activities, a covered individual may
not participate in a prediction market on any topic relating
to nonpublic information to which the covered individual has
access by virtue of being a covered individual, during--
``(1) the period during which the covered individual is
employed or contracted by an element of the intelligence
community; or
``(2) the two-year period beginning on the date on which
the covered individual ceases to be employed or contracted by
such an element.
``(b) Policy.--Not later than 45 days after the date of the
enactment of this section, the Director of National
Intelligence shall issue a policy implementing the
prohibition in subsection (a), including--
``(1) establishing appropriate penalties for violating the
prohibition; and
``(2) providing notice to all covered individuals.
``(c) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means an employee or contractor, or a former employee or
contractor, of an element of the intelligence community who
holds a security clearance.
``(2) Prediction market.--The term `prediction market'
means a platform, company, or service that allows agreements,
contracts, transactions, or swaps between users over the
outcome of non-financial future events, such as sports,
military actions, and elections.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
304 the following:
``Sec. 304A. Prohibition on participation in prediction markets.''.
SEC. 612. REPEAL OF CERTAIN REPORT AND BRIEFING REQUIREMENTS.
(a) Oversight of Foreign Influence in Academia.--Section
5713 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (50 U.S.C. 3369b) is repealed.
(b) Report on Efforts to Illicitly Acquire Satellites and
Related Items.--Section 1261 of the National Defense
Authorization Act for Fiscal Year 2013 (22 U.S.C. 2778 note;
Public Law 112-239) is amended by striking subsection (e).
(c) Monitoring Mineral Investments Under Belt and Road
Initiative of the People's Republic of China.--Section 7003
of the Energy Act of 2020 (50 U.S.C. 3372) is amended by
striking subsection (d).
(d) Briefing on Protocols for Certain Intelligence
Community Employees and Dependents.--Section 605(g) of the
Intelligence Authorization Act for Fiscal Year 2022 (50
U.S.C. 3334k(g)) is amended by striking paragraph (3).
(e) Periodic Report on Positions in the Intelligence
Community That Can Be Conducted Without Access to Classified
Information, Networks, or Facilities.--Section 6610 of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50
U.S.C. 3352e) is repealed.
(f) Review of Shared Information Technology Services for
Personnel Vetting.--Section 7701 of the Intelligence
Authorization Act for Fiscal Year 2024 (division G of Public
Law 118-31; 137 Stat. 1100) is repealed.
(g) Supply Chain and Counterintelligence Risk Management
Task Force.--Section 6306 of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3370) is amended
by striking subsection (e).
(h) Report on Best Practices to Protect Privacy, Civil
Liberties, and Civil Rights of Chinese Americans.--Section
620 of the Intelligence Authorization Act for Fiscal Year
2021 (50 U.S.C. 3240) is repealed.
(i) Enforcement of Cybersecurity Requirements for National
Security Systems; Report on Exemptions.--Section 6309(f) of
the Intelligence Authorization Act for Fiscal Year 2023 (44
U.S.C. 3557 note; division F of Public Law 117-263) is
amended by striking paragraph (3).
(j) Report on Collaboration Between Intelligence Community
and Department of Commerce to Counter Foreign Commercial
Threats.--Section 6514(b) of the Intelligence Authorization
Act for Fiscal Year 2023 (50 U.S.C. 3370b(b)) is amended by
striking paragraph (6).
(k) Timeliness Standard for Rendering Determinations of
Trust for Personnel Vetting; Reviews.--Section 7702(a) of the
Intelligence Authorization Act for Fiscal Year 2024 (50
U.S.C. 3352h(a)) is amended by striking paragraph (2).
(l) Briefings on Status of Intelligence Community
Innovation Unit.--Subsections (c) and (d) of section 7502 of
the Intelligence Authorization Act for Fiscal Year 2024
(Public Law 118-31; 137 Stat. 1082) are repealed.
(m) Annual Training Requirement and Report Regarding
Analytic Standards.--Section 6312 of the Intelligence
Authorization Act for Fiscal Year 2023 (50 U.S.C. 3364 note;
Public Law 117-263) is amended--
(1) by striking subsections (c) and (d); and
(2) by redesignating subsections (e) and (f) as subsections
(c) and (d), respectively.
(n) Annual Reports Regarding Intelligence Community Public-
private Talent Exchanges.--Section 6506 of the Intelligence
Authorization Act for Fiscal Year 2025 (Public Law 118-159;
138 Stat. 2497) is amended by striking subsection (e).
(o) Software Licensing.--Section 109 of the National
Security Act of 1947 (50 U.S.C. 3044) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(p) Review and Update of Position Designation Guidance.--
Section 7 of the SECRET Act of 2018 (Public Law 115-173; 132
Stat. 1294) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(q) Report on Independent Study on Economic Impact of
Military Invasion of Taiwan by People's Republic of China.--
Section 7407 of the Intelligence Authorization Act for Fiscal
year 2024 (Public Law 118-31; 137 Stat. 1075) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 613. INTELLIGENCE COMMUNITY PERSONNEL TRAVEL,
ALLOWANCES, AND RELATED EXPENSES REGULATIONS.
(a) Central Intelligence Agency.--Section 4 of the Central
Intelligence Act of 1949 (50 U.S.C. 3505) is amended by
adding at the end the following new subsection:
``(c) Biennial Reviews and Reports.--Not later than
September 30, 2027, and not less frequently than once every 2
years thereafter, the Director shall--
``(1) review the regulations covered by this section; and
``(2) not later than 10 days after completing a review
under paragraph (1), submit to the congressional intelligence
committees the findings of the Director with respect to the
review, including identification of any changes to the
regulations or personnel coverage thereof that the Director
determines to be necessary for the performance of
intelligence functions.''.
(b) Office of Director of National Intelligence.--Section
102A of the National Security Act of 1947 (50 U.S.C. 3024) is
amended by adding at the end the following new subsection:
``(z) Biennial Reviews and Reports Regarding Intelligence
Community Personnel Travel, Allowances, and Related Expenses
Regulations.--Not later than September 30, 2027, and not less
frequently than once every 2 years thereafter, in order to
reflect the requirements of the Office of the Director of
National Intelligence not taken into account in the
formulation of Government-wide travel procedures covered by
this section, the Director shall--
``(1) review such requirements; and
``(2) not later than 10 days after completing a review
under paragraph (1), submit to the congressional intelligence
committees the findings of the Director with respect to the
review, including any regulations that the Director
determines to be necessary for the performance of
intelligence functions.''.
SEC. 614. PROHIBITION ON SENDING AND RECEIVING OBJECTS USING
ENTITIES OWNED OR CONTROLLED BY PERSONS OR
GOVERNMENTS OF CERTAIN COUNTRIES.
(a) Definition of Covered Nation.--In this section, the
term ``covered nation'' has the meaning given such term in
section 4872(f) of title 10, United States Code.
(b) In General.--
(1) List required.--Not later than 90 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
Central Intelligence Agency, shall develop a list of
products, intellectual property, technology, and any other
objects that the Directors determine--
(A) affect the national security of the United States; and
(B) if acquired by a covered nation, would pose a threat to
the national security of the United States.
(2) Form.--The list required by paragraph (1) may be in
classified form.
(c) Prohibition.--Except as provided in subsection (d), no
element of the intelligence community may send or receive any
product, intellectual property, technology, or other object
as identified pursuant to subsection (b) within the United
States using an entity, including any shipping company, that
is owned or substantially controlled by a person or a
governmental entity domiciled in a covered nation.
(d) Waiver.--The head of an element of the intelligence
community--
(1) may waive the prohibition in subsection (c) for the
element on a case by case basis if the head determines that
in the particular case, sending or receiving any product,
intellectual property, technology, or other object by an
entity identified pursuant to subsection (b) is necessary for
the national security of the United States; and
(2) not later than 3 days after issuing such waiver, shall
notify the Director of National Intelligence of the waiver.
(e) Notification.--Not later than 30 days after the head of
an element of the intelligence community issues a waiver
described in subsection (d), such head shall submit to the
congressional intelligence committees a
[[Page S4035]]
written notice of the waiver, which shall include--
(1) a justification for the waiver, including the product,
intellectual property, technology, or other object subject to
the waiver; and
(2) a description of the national security threat
mitigation measures implemented for permitting the activity
that otherwise would be prohibited under subsection (c).
SEC. 615. ENHANCING INTELLIGENCE COOPERATION IN THE INDO-
PACIFIC REGION.
(a) Definition of Intelligence Cooperation.--In this
section, the term ``intelligence cooperation'' means
activities authorized under the provisions of law
administered by the heads of the elements of the intelligence
community, including the collection, analysis, production,
and dissemination of information, intelligence, and imagery.
(b) Statement of Policy.--It is the policy of the United
States to consider intelligence cooperation with allies and
partners of the United States in the Indo-Pacific region a
priority national security investment that will help deter
aggression, reinforce regional stability, and reduce the risk
of miscalculation, all of which will advance the national
security and economic prosperity of the United States by
helping to ensure a free and open Indo-Pacific region.
(c) Requirements.--
(1) In general.--The Director of National Intelligence
shall, acting in close coordination with such heads of
elements of the intelligence community as the Director
considers relevant and the members of the Five Eyes
intelligence-sharing alliance, undertake efforts to bolster
and improve--
(A) the intelligence foundations of alliances between the
United States and Australia, Japan, New Zealand, the
Philippines, the Republic of Korea, and Thailand; and
(B) intelligence cooperation between the United States and
other regional partners, such as India and Vietnam.
(2) Priority areas for enhanced cooperation.--Efforts
undertaken pursuant to paragraph (1) shall include efforts--
(A) to address the speed and complexity of potential
strategic and operational contingencies in the Indo-Pacific
region, including any scenarios involving adversarial efforts
to limit the freedom of navigation through critical maritime
chokepoints threaten supply chain security;
(B) relatedly, to ensure shared situational awareness
across the full spectrum of potential contingencies,
including military indications and warnings;
(C) to enhance maritime, air, and space domain awareness,
with the goal of providing decision advantage;
(D) to inform collective defense planning and response by
further integrating intelligence cooperation into joint and
combined operational planning activities, exercises, and
wargames focused on regional contingencies, including the Rim
of the Pacific;
(E) to encourage intelligence cooperation with Taiwan,
consistent with United States law and policy; and
(F) to promote multilateral intelligence sharing and
collaboration among allies and partners of the United States,
such as through the United States-Japan-Republic of Korea
trilateral mechanism and the United States-Japan-Philippines
trilateral mechanism.
SEC. 616. INTELLIGENCE ACTIVITIES RELATED TO UKRAINE.
(a) Statement of Policy.--
(1) In general.--Section 3 of the Support for the
Sovereignty, Integrity, Democracy, and Economic Stability of
Ukraine Act of 2014 (22 U.S.C. 8902) is amended--
(A) in paragraph (16), by striking ``; and'' and inserting
a semicolon;
(B) in paragraph (17), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(18) to assist Ukraine in maintaining a credible defense
and deterrence capability, including through the provision of
intelligence support, as a means of advancing the national
security of the United States, regional stability, and the
protection of United States interests in Europe.''.
(2) Definition.--Section 2 of such Act (22 U.S.C. 8901) is
amended--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Credible defense and deterrence capability.--The term
`credible defense and deterrence capability' means the
ability to defend against and deter any credible conventional
military threat from the Russian Federation acting
unilaterally or in concert with partners, through the use of
conventional military means, possessed in sufficient
quantity, including weapons platforms and munitions, and
command, control, communication, intelligence, surveillance,
and reconnaissance capabilities.
``(4) Intelligence support.--The term `intelligence
support' means activities authorized under the provisions of
law governing the heads of the elements of the intelligence
community, including the collection, analysis, production,
and dissemination of information, intelligence, and
imagery.''.
(b) Requirement Relating to Intelligence Support Absent an
Armistice or Comprehensive Political Settlement.--Until
Ukraine and the Russian Federation voluntarily and freely
enter into an armistice or comprehensive political settlement
of the conflict, the Director of National Intelligence, in
coordination with the Director of the Central Intelligence
Agency, the Director of the Defense Intelligence Agency, and
the heads of any other relevant element of the intelligence
community, shall continue to ensure the provision of
intelligence support to the Government of Ukraine for
purposes of advancing United States policy goals in Ukraine.
(c) Pauses in Intelligence Support.--
(1) In general.--Intelligence support to Ukraine required
under this section shall not be suspended or limited unless
the Director of National Intelligence, in coordination with
the Director of the Central Intelligence Agency and the
Director of the Defense Intelligence Agency, identifies a
specific and identifiable national security concern.
(2) Notification.--Not later than 15 days after making the
decision to pause, terminate, restrict, or otherwise
materially downgrade intelligence support to Ukraine, the
Director of National Intelligence, in coordination with the
heads of the elements of the intelligence community, shall
submit to the congressional intelligence committees a
notification that includes--
(A) a detailed description of the reason for the pause,
termination, restriction, or material downgrade of
intelligence support;
(B) the expected duration of the pause, termination,
restriction, or material downgrade; and
(C) the anticipated impact of such decision on the ability
of Ukraine to conduct effective military operations.
(3) Form.--A notification submitted under paragraph (2)
shall be in unclassified form, but may include an classified
annex.
(d) Requirement Relating to Intelligence Support in the
Event of Armistice or Comprehensive Political Settlement.--
(1) In general.--If Ukraine and the Russian Federation
voluntarily and freely enter into an armistice or a
comprehensive political settlement, the Director of National
Intelligence, in coordination with the heads of the other
relevant elements of the intelligence community, shall adjust
the intelligence support to Ukraine to support implementation
of the armistice or the comprehensive political settlement
and, consistent with the national security interests of the
United States, support building and sustaining the capacity
of Ukraine to detect, deter, and repel any future Russian
attack against the territory of Ukraine.
(2) Report on modifications to united states intelligence
support.--Not later than 30 days after an armistice or a
comprehensive political settlement is entered into force, the
Director of the Central Intelligence Agency, in coordination
with the heads of the other relevant elements of the
intelligence community, including the Director of the Defense
Intelligence Agency, the Director of the National Security
Agency, and the Director of the National Geospatial-
Intelligence Agency, shall submit to the congressional
intelligence committees a report that includes--
(A) a description of the details of the armistice or the
comprehensive political settlement of the conflict in
Ukraine, including a description of the role of the
intelligence community in monitoring the adherence by the
parties to specific elements of the agreement;
(B) an assessment of the vulnerabilities that Ukraine will
face under the terms of the agreement and potential measures
that the intelligence community or other parties could take
to help mitigate such vulnerabilities;
(C) a description of the modifications to ongoing
intelligence support the Director of the Central Intelligence
Agency has authorized in light of the changed situation on
the ground in Ukraine in order to help build and sustain the
capacity of Ukraine to detect, deter, and repel any future
Russian attack against the territory of Ukraine;
(D) an assessment of the implications of the armistice or
comprehensive political settlement for the national security
interests of the United States in Europe, including the
capacity of the United States and the North Atlantic Treaty
Organization to deter future aggression by the Russian
Federation; and
(E) a description and assessment of any cooperative
arrangements that Ukraine has with other countries, including
member countries of the North Atlantic Treaty Organization,
that the intelligence community assesses would contribute to
deterring a future attack or act of aggression by the Russian
Federation aimed at occupying or seizing the territory of
Ukraine.
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Early warning.--The Director of National Intelligence,
in coordination with the heads of any other relevant elements
of the intelligence community, shall provide to Ukraine and
member countries of the North Atlantic Treaty Organization
intelligence and early warning to allow for an appropriate
and timely response with respect to any potential attack or
act of aggression against Ukraine by the Russian Federation.
(5) Notification.--
(A) In general.--The Director of National Intelligence
shall promptly notify each Member of the congressional
intelligence committees not later than 5 days after any
intelligence element provides Ukraine any intelligence
pursuant to paragraph (4).
(B) Contents.--A notification submitted pursuant to
subparagraph (A) shall include--
(i) a description of the specific threatened attack or act
of aggression shared with Ukraine;
[[Page S4036]]
(ii) the date on which the intelligence was provided to
Ukraine;
(iii) details of the channel through which the intelligence
was shared, including the names and titles of the relevant
intelligence community officers and Ukrainian government
officials;
(iv) the response of the Government of Ukraine upon
receiving the intelligence;
(v) an assessment produced by the Defense Intelligence
Agency, in coordination with other relevant elements of
intelligence community, as to what support Ukraine might
require in order to deter or repel the threatened attack or
act of aggression; and
(vi) a summary of subsequent actions that the Director of
National Intelligence, in coordination with the Director of
the Central Intelligence Agency, the Director of the Defense
Intelligence Agency, and other heads of relevant elements of
the intelligence community, directed be taken to support
Ukraine in defending against or otherwise responding to the
threatened attack or act of aggression.
(C) Form.--A notification submitted pursuant to
subparagraph (A) shall be in unclassified form, but may
include a classified annex.
(e) Requirement Relating to Intelligence Support in the
Event of an Armed Attack on Ukraine in Violation of an
Armistice or Comprehensive Political Settlement.--
(1) In general.--In the event of an armed attack by the
Russian Federation on Ukraine that violates an armistice or a
comprehensive political settlement, the Director of National
Intelligence, in coordination with the Director of the
Central Intelligence Agency, the Director of the Defense
Intelligence Agency, and the heads of other relevant elements
of the intelligence community, shall immediately resume the
provision of intelligence support to the Government of
Ukraine at a level the Directors deem necessary to support
military operations of the Government of Ukraine that are
intended, or reasonably expected, to help the Armed Forces of
Ukraine defend or liberate the territory of Ukraine and
prevent such territory of Ukraine from being occupied or
attacked by the Russian Federation.
(2) Notification.--
(A) In general.--The Director of National Intelligence
shall promptly notify the congressional intelligence
committees not later than 5 days after resuming intelligence
support pursuant to paragraph (1).
(B) Contents.--A notification submitted pursuant to
subparagraph (A) shall include--
(i) a description of the specific attack or act of
aggression against Ukraine;
(ii) a description of any intelligence support that Ukraine
requested from the United States;
(iii) an assessment of the support that Ukraine might
require in order to deter or repel the attack or act of
aggression;
(iv) a description of any intelligence support that the
Director has authorized to be provided to Ukraine; and
(v) a description of the response of the Government of
Ukraine upon receiving the intelligence support.
(C) Form.--A notification submitted pursuant to
subparagraph (A) shall be in unclassified form, but may
include a classified annex.
(3) Sunset.--
(A) In general.--The provision of intelligence support for
Ukraine under this subsection shall cease on the date that is
120 days after the date on which the Government of Ukraine
and the Government of the Russian Federation agree to
reinstate the armistice or comprehensive political settlement
that was violated or a new armistice or comprehensive
political settlement is entered into force.
(B) Recommencement.--Upon the cessation of the provision of
intelligence support under subparagraph (A), the Director of
the Central Intelligence Agency, in coordination with the
heads of any other relevant elements of the intelligence
community, shall resume the provision of intelligence support
to Ukraine pursuant to subsection (d).
(f) Definitions.--In this section:
(1) Armistice; comprehensive political settlement.--The
terms ``armistice'' and ``comprehensive political
settlement'' mean a formal written agreement between the
Government of Ukraine and the Government of the Russian
Federation that has the effect of permanently ending the
armed conflict between both nations.
(2) Intelligence support.--The term ``intelligence
support'' means activities authorized under the provisions of
law governing the heads of the elements of the intelligence
community, including the collection, analysis, production,
and dissemination of information, intelligence, and imagery.
(3) Specific and identifiable national security concern.--
The term ``specific and identifiable national security
concern'' includes the following:
(A) Credible intelligence that an element of the Government
of Ukraine has been compromised by the Russian Federation or
another foreign adversary.
(B) Protection of sources and methods.
(C) A voluntary request from the Government of Ukraine to
pause intelligence support.
(D) Credible intelligence that an element of the Government
of Ukraine receiving United States intelligence support
engaged in a pattern of human rights violations, atrocities,
or violations of the law of armed conflict.
(4) Territory of ukraine.--The term ``territory of
Ukraine'' means all territory internationally recognized to
be the sovereign territory of Ukraine on February 19, 2014,
including Crimea and the territory that the Russian
Federation claims to have annexed in Kherson and Zaporizhzia.
SEC. 617. REQUIREMENTS RELATING TO INTELLIGENCE SHARING WITH
COUNTRIES AND PARTNERS OF SIGNIFICANT
IMPORTANCE TO THE UNITED STATES.
Section 102A(j) of the National Security Act of 1947 (50
U.S.C. 3024(j)) is amended--
(1) by striking ``Under the direction'' and inserting the
following:
``(1) In general.--Under the direction''; and
(2) by adding at the end the following:
``(2) Notification required.--
``(A) In general.--Not later than 48 hours after a decision
to pause, terminate, or otherwise restrict or materially
downgrade intelligence support or intelligence activities (as
defined in section 501(f)), including information,
intelligence, and imagery collection authorized under
Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities), to Israel, Ukraine,
Taiwan, or any other country or partner determined by the
President to be of significant importance to the United
States, the Director of National Intelligence shall submit to
the congressional intelligence committees a notification of
such decision.
``(B) Elements.--The notification required in subsection
(a) shall include--
``(i) a detailed description of the reason for the pause,
termination, restriction, or material downgrade of
intelligence support;
``(ii) a description of the change in intelligence sharing;
``(iii) the categories of information affected;
``(iv) the expected duration of the pause, termination,
restriction, or material downgrade; and
``(v) the anticipated impact of such decision on regional
security and the national security objectives of the United
States.''.
SEC. 618. UNITED STATES-ISRAEL INTELLIGENCE SHARING
ENHANCEMENT.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to maintain and strengthen the strategic security
partnership with Israel as a means of advancing the national
defense of the United States, regional stability, and the
protection of United States personnel and interests in the
Middle East;
(2) to enhance intelligence collaboration through robust
intelligence sharing and analytic partnership with Israel to
counter terrorism, proliferation networks, cyber threats,
state and nonstate aggressors, terror financing, sanctions
evasion, and other transnational security challenges that
threaten both Israel and the United States;
(3) to deter and counter destabilizing activities by the
Government of Iran and Iran-aligned state and nonstate actors
that threaten Israel, United States forces, and regional
partners;
(4) to ensure that security assistance and defense
cooperation are structured to help Israel maintain its
qualitative military edge, consistent with United States law
and broader regional security considerations;
(5) to encourage and support the expansion of regional
security architectures that include Israel and willing
regional partners, with a focus on integrated air and missile
defense, maritime security, early warning systems, and
intelligence-sharing frameworks; and
(6) to leverage security coordination with Israel to
enhance force protection, early warning, and crisis response
capabilities for United States military and diplomatic
personnel in the region.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Israel remains a critical United States security
partner whose defense and intelligence capabilities provide a
strategic advantage that contributes to enhanced operational
effectiveness and technological superiority;
(2) timely and actionable intelligence sharing between the
United States and Israel has saved United States personnel
and property in the region and should remain a central pillar
of the bilateral security relationship;
(3) the evolving threat environment in the Middle East--
including missile proliferation, unmanned systems, cyber
operations, terror financing, and proxy warfare--requires
sustained and adaptive cooperation between the United States
and Israel;
(4) the United States-Israel security partnership has
historically benefitted from bipartisan support, which
strengthens the partnership's credibility, durability, and
deterrent value; and
(5) expanding normalization and practical security
cooperation between Israel and regional states can serve as a
force multiplier for collective deterrence and integrated
defense.
(c) Requirements Relating to Intelligence Sharing.--
(1) In general.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following:
``SEC. 1115. REQUIREMENTS RELATING TO INTELLIGENCE SHARING.
``(a) Intelligence Sharing With Israel.--
``(1) In general.--The President, acting through the
Director of National Intelligence and, as necessary, the
Secretary of Defense, shall, subject to applicable law and
[[Page S4037]]
the protection of intelligence sources and methods, expand
and enhance intelligence sharing with the Government of
Israel.
``(2) Scope of intelligence sharing.--Intelligence sharing
carried out under this subsection shall include the sharing
of information relating to cybersecurity threats, terrorism,
sanctions evasion, plans and intentions of state and nonstate
actors, adversarial technology proliferation, missile
threats, unmanned aerial systems, cruise missiles, ballistic
missiles, air and space domain awareness, and other aerial
threats relevant to the defense of Israel, United States
forces and interests in the region, and regional security
partners.
``(3) Limitations on reduction of intelligence sharing.--
``(A) In general.--Intelligence sharing and related
security information exchanges with the Government of Israel
shall not be suspended, reduced, or otherwise materially
limited except on the basis of a specific and identifiable
national security concern determined by the President, such
as the protection of intelligence sources and methods,
counterintelligence risk, or another significant security
consideration.
``(B) Documentation requirement.--The President shall
document any determination to suspend, reduce, or otherwise
materially limit intelligence sharing or related security
information exchanges with the Government of Israel,
including a description of the national security rationale
supporting the change.
``(4) Congressional notification.--
``(A) In general.--Not later than 15 days after the date of
any decision to materially increase, suspend, reduce, or
otherwise alter intelligence sharing or related security
information exchanges with the Government of Israel, the
President shall notify the congressional intelligence
committees of such decision.
``(B) Elements.--Each notification required by subparagraph
(A) shall include the following:
``(i) A description of the change in intelligence sharing
or security information exchange.
``(ii) The categories of information affected.
``(iii) The national security objectives served by the
change.
``(iv) In the case of a suspension or reduction, the
specific national security concern supporting the change.
``(v) An assessment of the anticipated impact on regional
security, United States forces, and integrated air and
missile defense cooperation.
``(b) Intelligence Sharing and Analytic Cooperation With
Abraham Accords Countries.--
``(1) In general.--The President, acting through the
Director of National Intelligence and, as necessary, the
Secretary of Defense, shall, consistent with applicable law
and security agreements, expand and enhance intelligence
sharing and analytic cooperation with countries that have
normalized relations with Israel pursuant to the Abraham
Accords (as defined in section 64(k) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2735a(k)) in order
to strengthen regional security integration.
``(2) Priority areas.--In carrying out paragraph (1), the
President shall prioritize the sharing of appropriate
intelligence and information relating to--
``(A) counterterrorism threats and networks, including
state and nonstate aggressors, and terror financing;
``(B) cybersecurity threats, vulnerabilities, and defensive
best practices;
``(C) air and missile defense early warning and threat
tracking;
``(D) geospatial, overhead, and other imaging intelligence
relevant to shared security concerns; and
``(E) maritime security threats, including threats to
freedom of navigation, commercial shipping, sanctions
evasion, and regional maritime stability.
``(3) Safeguards.--
``(A) Adoption of guidelines.--The Director of National
Intelligence, in coordination with the Secretary of Defense,
shall adopt guidelines for intelligence sharing and analytic
cooperation carried out under this subsection that ensure
appropriate safeguards--
``(i) to protect intelligence sources and methods; and
``(ii) to ensure that recipients maintain adequate security
protections consistent with United States requirements.
``(B) Restrictions on access.--If the Director of National
Intelligence determines that a recipient of intelligence
sharing or analytic cooperation carried out under this
subsection has any intelligence, defense, or technological
information sharing relationship with an adversarial nation,
the Director shall restrict all access of such recipient to
such intelligence sharing and analytic cooperation.
``(c) Report Required.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, and annually thereafter for
5 years, the President shall submit to the appropriate
congressional committees a report on the status of United
States intelligence sharing with the Government Israel and,
as appropriate, regional partners.
``(2) Matters to be included.--Each report required by
paragraph (1) shall include, to the extent consistent with
the protection of intelligence sources and methods, the
following:
``(A) A description of the categories of intelligence and
security information shared by the United States Government
with the Government of Israel.
``(B) An assessment of progress toward seamlessly
integrating Israel into regional air and missile defense and
early warning architectures with partner countries, including
those that have normalized relations with Israel pursuant to
the Abraham Accords.
``(C) A description of how such intelligence sharing has
contributed, if at all, to--
``(i) improved detection, tracking, warning, interception,
or deterrence of aerial threats, including missiles and
unmanned systems, for Israel, United States forces, or
regional partners; and
``(ii) the overall stability and coordination of security
in the region.
``(D) An assessment of progress in improving
interoperability among technology networks of the United
States, Israel, and partner countries.
``(E) A description of efforts to secure technology
networks and data from cyber threats and unauthorized access.
``(F) An identification of any legal, policy, technical,
counterintelligence, or security barriers limiting deeper
intelligence integration, including risks to intelligence
sources and methods.
``(G) A summary of any significant increases or reductions
in intelligence sharing during the reporting period and the
national security rationale for such changes.
``(3) Form.--Each report required by paragraph (1) report
shall be submitted in unclassified form but may include a
classified annex.
``(4) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the congressional intelligence committees; and
``(B) to the extent Department of Defense information is
implicated, the congressional defense committees (as defined
in section 101(a) of title 10, United States Code).''.
(2) Clerical amendment.--The table of contents for such Act
is amended by adding at the end the following:
``Sec. 1115. Requirements relating to intelligence sharing.''.
TITLE VII--ARTIFICIAL INTELLIGENCE MATTERS RELATING TO THE INTELLIGENCE
COMMUNITY
SEC. 701. ARTIFICIAL INTELLIGENCE EXPLOITATION GUARD AND
INTELLIGENCE SHARING.
(a) Definitions.--In this section:
(1) Artificial intelligence model.--The term ``artificial
intelligence model'' means a capability or series of
capabilities combined that can, for a given set of
objectives, generate outputs such as predictions,
recommendations, or decisions without human intervention or
input.
(2) Center.--The term ``Center'' means the Artificial
Intelligence Security Center of the National Security Agency.
(3) Classified information.--The term ``classified
information'' has the meaning given such term in section 805
of the National Security Act of 1947 ( 50 U.S.C. 3164).
(4) Cleared industry personnel.--The term ``cleared
industry personnel'' means employees or representatives of a
covered person who hold an appropriate security clearance and
have a demonstrated need to know.
(5) 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).
(6) Covered person.--The term ``covered person'' means a
non-Federal person who--
(A) is a United States citizen;
(B) develops, deploys, or operates artificial intelligence
models or critical enabling infrastructure; and
(C) provides the services described in subparagraph (B) to
an element of the intelligence community or Department of
Defense.
(7) Director.--The term ``Director'' means the Director of
the National Security Agency.
(8) Intelligence.--The term ``intelligence'' has the
meaning given such term in section 3 of the National Security
Act of 1947 ( 50 U.S.C. 3003).
(9) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of
the National Security Act of 1947 ( 50 U.S.C. 3003).
(10) Security clearance.--The term ``security clearance''
means an authorization to access classified information.
(11) Threat information.--The term ``threat information''
means information on--
(A) efforts by foreign adversary countries to use products
or research of covered persons or other entities or
individuals to generate synthetic media for foreign-directed
influence campaigns, develop and manage computer network
exploitation campaigns, design or develop weapons systems, or
enhance surveillance capabilities in ways that undermine the
privacy or threaten the security of citizens of the United
States;
(B) threats posed by foreign adversary countries, including
indications of compromise to networks associated with covered
persons and other entities and individuals, or other
technical indicators, indicating a compromise to the
confidentiality, integrity, or availability of an artificial
intelligence system, or to the supply chain of an artificial
intelligence system, including training or
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test data, frameworks or software libraries, training or
inference computing environments, or other components
necessary for the training, management, or maintenance of an
artificial intelligence system;
(C) activity of foreign entities of concern to
clandestinely, fraudulently, or otherwise maliciously access
the systems of covered persons for purposes of illicit
technology transfer or otherwise gaining unfair economic
advantage, including through techniques to extract a model's
technical capabilities to replicate, develop, or improve a
foreign artificial intelligence model without authorization
by the covered person;
(D) activity of foreign entities of concern to sabotage or
otherwise clandestinely degrade artificial intelligence
systems or the supply chain of an artificial intelligence
system, including training or test data, frameworks or
software libraries, training or inference computing
environments, or other components necessary for the training,
management, or maintenance of an artificial intelligence
system; and
(E) observations, emerging concerns, or other inputs from
vendors or researchers regarding relevant malicious or
clandestine activity of foreign entities of concern toward an
artificial intelligence system, its supply chain, or other
necessary components.
(12) 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(c)).
(b) Establishment of Pilot Program on Sharing of
Intelligence and Threat Information With Covered Persons.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall, acting through
the Center, establish a pilot program to assess the
feasibility and advisability of facilitating the secure
sharing with covered persons of intelligence and threat
information germane to the exploitation of access to United
States artificial intelligence systems and enabling
infrastructure to engage in intelligence collection,
intellectual property theft, and other malicious activities.
(2) Participation.--The Director may not select covered
persons to participate in the pilot in a manner that provides
a competitive advantage or procurement preference to any
covered person, to the detriment of another covered person.
(3) Duration.--The Director shall carry out the pilot
program established pursuant to paragraph (1) during the 3-
year period beginning on the date of the establishment of the
pilot program.
(c) Participation Requirements.--
(1) Criteria.--The Director shall establish criteria
governing engagement with covered persons under the pilot
program required by subsection (b), which may include
criteria relating to the following:
(A) Relevance to national security.
(B) The ability to protect classified or sensitive
intelligence information.
(C) Cybersecurity and information security maturity.
(D) Agreement to comply with intelligence handling, use,
and nondisclosure requirements.
(E) The availability of cleared personnel of covered
persons or willingness of covered persons to increase the
number of cleared personnel.
(2) Nature of participation.--Participation in the pilot
program shall not be construed as a certification,
endorsement, or regulatory approval by the United States
Government of any artificial intelligence system or
commercial activity and the Director may not exclude a
covered person from participating on the basis of political
or ideological viewpoints of the covered person or its
employees.
(3) Process for requesting participation.--The Director
shall, acting through the Center, establish and make
available to covered persons a process by which such covered
person may request access to participate in the pilot program
required by subsection (b). Such process shall include --
(A) submission by a covered person of a formal request to
participate in the pilot program;
(B) evaluation of each such request against, at minimum,
the criteria established under paragraph (1); and
(C) timely notification to the covered person who requested
access of the status of their request and, in the case of
denial, an explanation of the reason for denial.
(d) Intelligence Sharing Structure.--
(1) Authorized modes.--Under the pilot program required by
subsection (b), the Director may, acting through the Center,
authorize the sharing of intelligence and threat information
as described in paragraph (1) of such subsection through--
(A) bilateral exchanges between elements of the
intelligence community and a covered person;
(B) multilateral exchanges among covered persons, as
determined appropriate by the Director; or
(C) another designated intelligence-sharing mechanism
operated or overseen by the Director.
(2) Limitation.--Any mechanism established under this
section shall be limited to the dissemination of intelligence
and threat information and shall not establish standards,
requirements, or best practices governing artificial
intelligence development or deployment.
(e) Tailoring, Handling, and Protection of Intelligence.--
(1) Procedures required.--The Director shall, acting
through the Center, codify procedures to tailor, sanitize, or
downgrade the classification level of intelligence shared
under the pilot program required by subsection (b) to ensure
usability while protecting intelligence sources and methods.
(2) Examples of procedures.--The procedures developed under
paragraph (1) may include the following:
(A) The use of tear lines and segregable summaries.
(B) The preparation of classified annexes where necessary.
(C) Criteria governing the classification level of shared
intelligence.
(D) The appropriate use of cleared industry personnel.
(3) Handling requirements.--The Director shall, acting
through the Center, codify policies governing the handling,
storage, and dissemination of intelligence shared under the
pilot program required by subsection (b), including audit and
compliance mechanisms.
(f) Permissible Use and Nondisclosure.--
(1) Permissible use.--Intelligence shared under the pilot
program required by subsection (b) may be used solely for
detecting, preventing, or mitigating malicious foreign
activity exploiting access to United States artificial
intelligence systems and enabling infrastructure to engage in
intelligence collection, intellectual property theft, and
other malicious activities.
(2) Nondisclosure.--A covered person may not disclose to
any person who is not a covered person or an element of the
intelligence community any intelligence shared with the
covered person under the pilot program required by subsection
(b), except as expressly authorized by the Director acting
through the Center.
(g) Privacy and Civil Liberties.--In planning and
coordinating the pilot program required by subsection (b),
the Director shall, acting through the Center, coordinate
with the Civil Liberties Protection Officer of the Office of
the Director of National Intelligence to produce guidance
relating to privacy and civil liberties which shall govern
the receipt, retention, use, and dissemination of threat
information containing personal information of United States
persons.
(h) Evaluation and Reporting.--
(1) Evaluation.--The Director shall, acting through the
Center, continuously evaluate the effectiveness and risks of
the pilot program established under subsection (b).
(2) Report.--
(A) In general.--Not later than 90 days before the date on
which the pilot program required by paragraph (1) of
subsection (b) terminates pursuant to paragraph (2) of such
subsection, the Director shall, acting through the Center,
submit to the congressional intelligence committees a report
covering--
(i) the effectiveness of intelligence sharing under the
pilot program;
(ii) the adequacy of safeguards for sources, methods,
privacy, and civil liberties and any recommendations to
mitigate harms;
(iii) the scope of participation;
(iv) a list of covered persons granted access to the pilot
program;
(v) a list of each covered person that requested access and
was denied, including a justification for each such denial;
and
(vi) whether the pilot program should be modified,
extended, or terminated.
(B) Form.--The report submitted pursuant to subparagraph
(A) shall be submitted in unclassified form, but may include
a classified annex.
(i) Rule of Construction.--Nothing in this section shall be
construed--
(1) to authorize the collection of intelligence on United
States persons not authorized by another provision of law;
(2) to authorize the sharing of personally identifiable
information about an individual in a manner that violates
another provision of law;
(3) to require the disclosure of classified information to
unauthorized persons;
(4) to establish commercial, competition, or technology
policy outside the purview of the intelligence community;
(5) to require a non-Federal entity to provide information
to a Federal entity or another non-Federal entity;
(6) to condition the sharing of threat information with a
non-Federal entity on such entity's provision of threat
information to another entity; or
(7) to condition the award of any Federal grant, contract,
or purchase on the provision of threat information to a
Federal or non-Federal entity.
(j) Exemption From Disclosure; Protection.--Any information
shared by a covered person or other entity or individual with
the United States Government pursuant to this section--
(1) shall be exempt from disclosure and withheld, without
discretion, from the public, pursuant to section 552(b)(3)(B)
of title 5, United States Code, and any other provision of
United States law or law of any State, political subdivision
or agency thereof, or Tribe requiring disclosure of
information or records; and
(2) shall not be deemed a waiver of any applicable
privilege or protection, including trade secret protection.
SEC. 702. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF
INTELLIGENCE COMMUNITY USE OF ARTIFICIAL
INTELLIGENCE TO SUPPORT TARGETING.
(a) Definitions.--In this subsection:
(1) Director.--The term ``Director'' means the Director of
National Intelligence.
[[Page S4039]]
(2) Intelligence.--The term ``Intelligence'' has the
meaning given the term in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003).
(b) Reviews Related to Intelligence Community Use of
Artificial Intelligence to Support Targeting.--
(1) Policy and procedure reviews.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director shall review and
assess the policies and procedures that govern the use by the
intelligence community of artificial intelligence
technologies in the production, or review, of intelligence
used by the United States to inform targeting decisions with
lethal effects.
(B) Elements.--In carrying out the review and assessment
required by subparagraph (A), the Director shall--
(i) assess whether policies and procedures of the
intelligence community that were in effect on the day before
the date of the enactment of this Act adequately address
risks posed by the use of artificial intelligence
technologies in the targeting analysis and development and
civilian harm mitigation processes; and
(ii) ensure the review covers all policies of the
intelligence community that regard the production or review
of intelligence, regardless of which element first produced
the intelligence.
(2) Workflow reviews.--Not later than 90 days after the
date of the enactment of this Act, the Director shall review
and assess all workflows of the intelligence community that
incorporate artificial intelligence used by the United States
to inform targeting decisions with lethal effects.
(c) Artificial Intelligence Errors Exploratory Analysis.--
In carrying out the reviews required by subsection (b), the
Director shall direct the National Intelligence Council to
conduct a structured, exploratory analysis that--
(1) assess ways in which frontier artificial intelligence
models could exhibit bias or cause errors that undermine
intelligence or other information provided by the
intelligence community that informs targeting accuracy;
(2) identify the specific point and cause of error; and
(3) provide proposed process mitigations to catch and
correct such mistakes.
(d) Consultation.--In carrying out the review and
assessments required by subsection (b), the Director shall
consult with the heads of the elements of the intelligence
community whose intelligence is commonly consulted to inform
targeting decisions with lethal effects, such as the National
Geospatial-Intelligence Agency, the Defense Intelligence
Agency, the National Security Agency, and the Central
Intelligence Agency, to solicit input on potential negative
consequences resulting from artificial intelligence supported
analysis, and possible ways to mitigate such consequences.
(e) Policies and Directives.--The Director shall issue or
adjust such policies and directives to the intelligence
community as the Director considers appropriate to improve
risk mitigation in light of the review carried out under
subsection (b).
(f) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the reviews
and assessments carried out under subsection (b) as well as a
summary of any new policies and directives issued pursuant to
subsection (e).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of contributions of the intelligence
community to targeting workflows, such as identification of
points of interest, pattern of life analysis, review of
proposed targets, target selection, and civilian impact
reviews, as well as the understanding of the intelligence
community of the delineation of roles and responsibilities
with the Armed Forces where applicable.
(B) Identification of any artificial intelligence tools
utilized and for what tasks or purposes they are used.
(C) The level of autonomy afforded to the tools, and
whether human review of artificial intelligence system
outputs is required to be conducted prior to dissemination of
materials.
(D) The scope of individuals expected to have access to the
materials described in subparagraph (C).
(E) An explanation of whether and how the capability
limitations of artificial intelligence tools available to
personnel of the intelligence community are communicated to
users, including the cutoff date for the tool's training
data, databases to which it does or does not have access
rights, and the tasks the model has been trained for or
approved for use.
(3) Form.--The report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 703. IMPROVEMENTS FOR ARTIFICIAL INTELLIGENCE POLICIES,
STANDARDS, AND GUIDANCE FOR INTELLIGENCE
COMMUNITY.
(a) In General.--Section 6702 of the Intelligence
Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following:
``(3) Study for tracking data generated or modified by an
artificial intelligence system.--The Chief Artificial
Intelligence Officer of the Intelligence Community, in
coordination with the Chief Artificial Intelligence Officer
of each element of the intelligence community, shall examine
whether the intelligence community should identify
intelligence information generated or materially modified by
an artificial intelligence system, including determining what
methods are necessary to preserve such information throughout
the intelligence lifecycle.'';
(2) in subsection (d), by adding at the end the following:
``(3) Process for review of artificial intelligence testing
methodologies and benchmarks.--Consistent with applicable
classification and access policies, the Chief Artificial
Intelligence Officer of the Intelligence Community, in
coordination with the Chief Artificial Intelligence Officer
of each element of the intelligence community, shall--
``(A) establish a process to review artificial intelligence
testing methodologies and benchmarks employed within each
element; and
``(B) ensure such methodologies and benchmarks remain
commensurate with the capabilities and impacts of systems
being evaluated.''; and
(3) by adding at the end the following:
``(f) Process to Systematically Track and Evaluate
Incidents.--Not later than 180 days after the date of the
enactment of this subsection, the Chief Artificial
Intelligence Officer of the Intelligence Community, in
coordination with the National Manager for National Security
Systems, shall establish a process to systematically track
and evaluate incidents associated with compromises to the
confidentiality, integrity, or availability of artificial
intelligence systems within each element of the intelligence
community.
``(g) Policies for Agentic Artificial Intelligence Systems
and Processes.--
``(1) Definition of agentic artificial intelligence system
or process.--In this subsection, the term `agentic artificial
intelligence system or process'--
``(A) means an artificial intelligence system or process
that, given an objective or instruction--
``(i) determines the action or sequence of actions to be
taken to accomplish that objective; and
``(ii) is capable of executing such actions directly on
information systems, data, or external services; and
``(B) does not include a system or process that solely
generates informational or advisory output for a human
operator to act upon.
``(2) Review of the adequacy of existing identity,
credential, and access management systems for information
within the intelligence community.--
``(A) In general.--Consistent with authority under section
102A(g) of the National Security Act of 1947 (50 U.S.C.
3024(g)), the Director of National Intelligence, in
coordination with the National Manager for National Security
Systems, shall--
``(i) not later than 1 year after the date of the enactment
of this paragraph, complete a review of the adequacy of
existing identity, credential, and access management systems
for information within the intelligence community used by
agentic artificial intelligence systems and processes; and
``(ii) not permit access to any information within the
intelligence community by an external department or agency
for use in an agentic artificial intelligence system or
process until the review required by clause (i) is completed.
``(B) Evaluation of effectiveness of mechanisms for agentic
artificial intelligence systems and processes to authenticate
as non-human actors.--The review required by subparagraph
(A)(i) shall include an evaluation of the effectiveness of
mechanisms for agentic artificial intelligence systems and
processes to authenticate as non-human actors, including the
appropriate delegation of clearance entitlements and the
traceability of any action taken by an agentic artificial
intelligence system or process to a cleared individual on
whose behalf the agentic artificial intelligence system or
process is acting.
``(3) Policy guidance.--Upon completion of the review
required by paragraph (2), the Director of National
Intelligence, in coordination with the Director of the
National Security Agency, the Director of the National
Reconnaissance Office, and the Director of the National
Geospatial-Intelligence Agency, shall issue appropriate
policy guidance on--
``(A) the use of agentic artificial intelligence systems
and processes within the intelligence community; and
``(B) the access of agentic artificial intelligence systems
and processes to information within the intelligence
community.
``(4) Specific issues relating to agentic artificial
intelligence systems and processes.--In carrying out
paragraph (3), the Director of National Intelligence, at a
minimum and to the extent such requirements are not already
replicated in existing processes or policies, consider--
``(A) establishing a taxonomy of autonomy and security
risks associated with agentic artificial intelligence systems
and processes that operate on, or have the possibility of
accessing, information within the intelligence community; and
``(B) establishing technical controls, processes, and other
mitigation measures to address the risks identified under
subparagraph (A), including, at a minimum--
[[Page S4040]]
``(i) requirements that any element of the intelligence
community or external department or agency incorporating
information from an intelligence community element as part of
an agentic artificial intelligence system or process provide
the relevant element of the intelligence community
controlling such information with documentation of--
``(I) the properties of the agentic artificial intelligence
system or process, including the range of additional systems
or data sources it may access (whether as a system or process
input or as an agent action), the permissions and
classification entitlements associated with such access, as
well as any relevant model or system documentation, such as
model and system cards;
``(II) anticipated mission use cases for any access to
information within the intelligence community in the context
of an agentic artificial intelligence system or process,
including whether any use case constitutes a high-impact
artificial intelligence use as those terms are defined under
existing Federal policies;
``(III) procedures to notify relevant intelligence
community elements controlling such information of any
changes to the properties of the agentic artificial
intelligence system or process, to permissions and
classification entitlements, or to anticipated use cases of
such system or process, that might significantly limit the
utility, confidentiality, integrity, or availability of such
information; and
``(IV) procedures for intelligence community elements to
promptly notify external intelligence community elements or
departments or agencies of any material changes to upstream
classified data or systems that might significantly limit or
impair the utility, confidentiality, integrity, or
availability of any downstream agentic artificial
intelligence system or process maintained by that external
intelligence community element or department or agency;
``(ii) policies and procedures to log any actions, as well
as associated inputs, taken by an agentic artificial
intelligence system or process to information within the
intelligence community, including mechanisms to reverse or
negate unauthorized actions or actions that pose a risk to
the user intent or confidentiality, integrity, or
availability of such information;
``(iii) policies and procedures for safeguards, continuous
monitoring, and the detection of security incidents or other
unexpected behavior of an agentic artificial intelligence
system or process, or failures of associated safeguards, that
may pose a threat to the confidentiality, availability, or
integrity of information within the intelligence community;
``(iv) policies and procedures for system-level controls of
agentic artificial intelligence systems and processes,
tailored to address each system or process component; and
``(v) criteria for the selection of interoperability
standards for agentic artificial intelligence systems and
processes, with preference, to the extent practicable, for
standards that are openly specified, governed in a vendor-
neutral manner, supported by multiple model providers,
extensible to future requirements, and subject to ongoing
independent security review.''.
SEC. 704. ADDITIONAL FUNCTIONS AND REQUIREMENTS OF ARTIFICIAL
INTELLIGENCE SECURITY CENTER.
Section 6504 of the Intelligence Authorization Act for
Fiscal Year 2025 (division F of Public Law 118-159) is
amended--
(1) in subsection (c)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Making available a research test-bed to private
sector and academic researchers, on a subsidized basis, to
engage in artificial intelligence security research,
including through the secure provision of access in a secure
environment for pre-deployment testing of to proprietary
third-party models with the consent of the vendors of the
models.'';
(2) by redesignating subsection (d) as subsection (f); and
(3) by inserting after subsection (c) the following:
``(d) Test-bed Requirements.--
``(1) Access and terms of usage.--
``(A) Researcher access.--
``(i) In general.--The Director shall establish terms of
usage governing researcher access to the test-bed made
available under subsection (c)(3), with limitations on
researcher publication only to the extent necessary to
protect classified information or proprietary information
concerning third-party models provided through the consent of
model vendors.
``(ii) Equitable access.--In establishing terms of usage
under clause (i), the Director shall ensure that access to
the test-bed is made available to academic and private sector
researchers in an equitable, impartial, and nondiscriminatory
way.
``(iii) Ideological and political viewpoints.--Terms and
conditions under clause (i) may not deny or condition access
on the basis of the ideological or political viewpoints of
the given researcher or the institution with which a given
researcher is affiliated.
``(iv) Preservation of authority.--Nothing in this
subparagraph shall be construed as limiting the authority of
the Director to condition participation on a researcher's
ability to protect classified or sensitive intelligence
information, a researcher's agreement to comply with
intelligence handling, use, and nondisclosure requirements,
or other valid counter-intelligence concerns.
``(B) Availability to federal agencies.--The Director shall
ensure that the test-bed made available under subsection
(c)(3) is also made available to other Federal agencies on a
cost-recovery basis.
``(2) Use of certain infrastructure and other resources.--
In carrying out subsection (c)(3), the Director shall
leverage, to the greatest extent practicable, infrastructure
and other resources provided under section 5.2 of Executive
Order 14110 (88 Fed. Reg. 75191; relating to safe, secure,
and trustworthy development and use of artificial
intelligence).
``(3) Voluntary security guidance.--In order to incentivize
participation by vendors of leading commercial models and to
promote the national security of the United States, the
Director shall share relevant guidance, informed by pre-
deployment testing in the secure test-bed environment
identified in subsection (c), to inform voluntary vendor
actions to mitigate against potential security threats to
such models, or the ability of foreign actors to utilize such
models for computer network exploitation campaigns, the
design or development of weapons systems, or to further
foreign surveillance capabilities.
``(e) Reports on Test-bed Access.--Not less than 1 year
after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2027 and annually
thereafter, the Director shall submit to the congressional
intelligence committees a report on the test-bed established
under subsection (c)(3) that includes --
``(1) a list of persons that requested access to the test-
bed during the period covered by the report;
``(2) a list of the persons that were granted access to the
test-bed during such period;
``(3) a list of the persons that were denied access to the
test-bed during such period, and a justification for each
such denial; and
``(4) a full copy of the terms of usage established under
subsection (d)(1).''.
SEC. 705. REPORTS ON NOVEL USES OF ARTIFICIAL INTELLIGENCE
TECHNOLOGY.
(a) Definition.--In this section, the term ``novel use of
artificial intelligence technology'' means--
(1) an artificial intelligence capability or series of
capabilities combined that has not previously been included
in an intelligence community element's inventory of
artificial intelligence use cases consistent with guidance
issued pursuant to section 6702(b) of the Intelligence
Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m(b));
(2) a use of an artificial intelligence capability that
contravenes a restriction on the use of artificial
intelligence contained in such an inventory; or
(3) a use of an artificial intelligence capability that
constitutes a high-impact artificial intelligence use as that
term is defined under policies of the executive branch.
(b) In General.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Director of National Intelligence, in coordination with the
heads of the other elements of the intelligence community,
shall submit to the congressional intelligence committees a
consolidated report detailing any novel use of artificial
intelligence technology that any element of the intelligence
community is considering employing within the one-year period
following submission of such report.
(c) Contents.--Each report submitted pursuant to subsection
(b) shall describe the proposed novel use of artificial
intelligence technology, including--
(1) hardware and software requirements;
(2) the proposed application of the technology;
(3) the risks and advantages assessed with respect to the
proposed novel use;
(4) any specific risk mitigation measures contemplated,
including measures specific to the proposed novel use;
(5) any test and evaluation activities conducted in
conjunction with the proposed novel use;
(6) any additional test and evaluation activity that is
still needed, and whether the intelligence community has
resources to conduct and fund such activity; and
(7) any estimated cost increases anticipated in connection
with the proposed novel use.
(d) Form.--Each report submitted pursuant to subsection (b)
shall be submitted in classified form.
(e) Sunset.--This section shall expire on October 1, 2032.
SEC. 706. CLEAR LABELING OF ARTIFICIAL INTELLIGENCE OUTPUTS
FOR TARGETING WORKFLOWS.
(a) Labeling Policy.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Chief Artificial
Intelligence Officers of the elements of the intelligence
community, establish a policy that applies to elements of the
intelligence community, which generate intelligence that
could reasonably be judged useful to develop or inform
targeting with lethal effects, and that requires--
(1) labeling of outputs from any artificial intelligence
system used in the development of such intelligence are
clearly marked to indicate--
(A) that artificial intelligence was used;
(B) the artificial intelligence system or model used;
[[Page S4041]]
(C) the manner in which, or task for which, the artificial
intelligence was used; and
(D) a point of contact such as the relevant Chief
Artificial Intelligence Officer, who can address questions
about data inputs, system access, or artificial intelligence
system performance; and
(2) the label or indicator that is used pursuant to
paragraph (1) is attached to the resulting data or work
product in a manner that remains prominent and visible to any
person who subsequently interacts with that data on a system
of the intelligence community, regardless of organizational
affiliation of the person or the role of the person in
developing the data.
(b) Reports on Risk Mitigation Measures.--Not later than
180 days after the date of the enactment of this Act and
annually thereafter, the head of each element of the
intelligence community to which the policy described in
subsection (a) applies shall submit a report to the
congressional intelligence committees describing risk
mitigation measures undertaken by the given element regarding
artificial intelligence systems that generate intelligence
that could reasonably be judged useful to develop or inform
targeting with lethal effects.
SEC. 707. RESEARCH ON USE OF ARTIFICIAL INTELLIGENCE RELATING
TO INADVERTENT ESCALATION.
(a) Requirement.--Not later than 90 days after the date of
the enactment of this Act and subject to the availability of
appropriations, the Director of the Intelligence Advanced
Research Projects Activity, in coordination with the Chief
Artificial Intelligence Officer of the Intelligence
Community, shall commence a research campaign to deepen the
understanding of the intelligence community with respect to
specific ways in which the use of artificial intelligence
systems by the intelligence community could contribute to
inadvertent escalation with foreign nations or actors.
(b) Elements.--The research campaign required by subsection
(a) shall include--
(1) the identification of scenarios in which artificial
intelligence capabilities could contribute to inadvertent
escalation with foreign nations or actors, including--
(A) analytic judgments that fail to properly consider or
weigh alternative explanations;
(B) automation of imagery classification or signals
intelligence;
(C) distinguishing between civilians and authorized
targets;
(D) operational uses of artificial intelligence, such as
time-constrained uses that do not allow for independent
verification; and
(E) such other scenarios as identified by the Director or
participating subject matter experts;
(2) a simulation of select scenarios to discern where
miscommunication or miscalculations have a higher likelihood
of occurrence; and
(3)(A) an identification of potential mitigations for
vulnerabilities discovered; or
(B) if no mitigation could be identified, an identification
of vulnerabilities that require follow-up action by the
intelligence community.
(c) Briefings.--
(1) Congress.--Not later than 180 days after the date of
the enactment of this Act, or 30 days after the date of
completion of the research campaign required by subsection
(a), whichever occurs first, the Director of the Intelligence
Advanced Research Projects Activity, in coordination with the
Chief Artificial Intelligence Officer of the Intelligence
Community, shall brief the congressional intelligence
committees on the findings and recommendations of the
research campaign.
(2) Intelligence community.--The Director of the
Intelligence Advanced Research Projects Activity, in
coordination with the Chief Artificial Intelligence Officer
of the Intelligence Community, shall brief the heads and
Chief Artificial Intelligence Officers of the elements of the
intelligence community on the findings and recommendations of
the research campaign required by subsection (a), as
appropriate.
SEC. 708. RESEARCH ON INTERACTION OF ADVERSARIAL ARTIFICIAL
INTELLIGENCE SYSTEMS WITH INTELLIGENCE
COMMUNITY SYSTEMS.
(a) Requirement.--Not later than 90 days after the date of
the enactment of this Act and subject to the availability of
appropriations, the Director of the Intelligence Advanced
Research Projects Activity, in coordination with the Chief
Artificial Intelligence Officer of the Intelligence
Community, shall commence a research campaign to deepen the
understanding of the intelligence community with respect to
novel dynamics and vulnerabilities that may arise when an
adversarial artificial intelligence system interacts directly
with systems of, or contracted by, the intelligence community
that include artificial intelligence components.
(b) Elements.--The research campaign required by subsection
(a) shall--
(1) pursue sandbox demonstrations with frontier artificial
intelligence models or leverage other tactics necessary to
uncover vulnerabilities to intelligence community systems,
infrastructure, or personnel that may result from--
(A) the accelerated development of artificial intelligence
capabilities by foreign nations;
(B) the increasing access that non-state and criminal
actors have to commercial artificial intelligence tools that
can identify vulnerabilities and propose or orchestrate
attacks; and
(C) the potential for artificial intelligence systems to
interact directly with each other during an attack; and
(2) pursue findings, including--
(A) an identification of potential mitigations for unique
vulnerabilities discovered; or
(B) if no mitigation could be identified, an identification
of vulnerabilities that require follow-up action by the
intelligence community.
(c) Briefings.--
(1) Congress.--Not later than 180 days after the date of
the enactment of this Act, or 30 days after the date of
completion of the research campaign required by subsection
(a), whichever occurs first, the Director of the Intelligence
Advanced Research Projects Activity, in coordination with the
Chief Artificial Intelligence Officer of the Intelligence
Community, shall brief the congressional intelligence
committees on the findings and recommendations of the
research campaign.
(2) Intelligence community.--The Director of the
Intelligence Advanced Research Projects Activity, in
coordination with the Chief Artificial Intelligence Officer
of the Intelligence Community, shall brief the heads and
Chief Artificial Intelligence Officers of the elements of the
intelligence community on the findings and recommendations of
the research campaign required by subsection (a), as
appropriate.
SEC. 709. REVIEW OF ARTIFICIAL INTELLIGENCE SECURITY
VULNERABILITIES UNDER VULNERABILITIES EQUITIES
PROCESS.
(a) Definitions.--In this section:
(1) Artificial intelligence security vulnerability.--The
term ``artificial intelligence security vulnerability'' means
a weakness in an artificial intelligence system that could be
exploited by a third party to subvert, without authorization,
the privacy, integrity, or availability of an artificial
intelligence system, including through techniques such as--
(A) evasion attacks;
(B) poisoning attacks;
(C) privacy-based attacks;
(D) model theft or extraction attacks; and
(E) attacks designed to circumvent or degrade the safety,
alignment, or access control mechanisms of an artificial
intelligence system.
(2) Artificial intelligence system.--The term ``artificial
intelligence system'' means a capability or series of
capabilities combined that can, for a given set of
objectives, generate outputs such as predictions,
recommendations, or decisions without human intervention or
input.
(3) Vulnerabilities equities policy and process document.--
The term ``Vulnerabilities Equities Policy and Process
document'' means the executive branch document entitled
``Vulnerabilities Equities Policy and Process for the United
States Government'' dated November 15, 2017.
(4) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency
review of vulnerabilities carried out pursuant to the
Vulnerabilities Equities Policy and Process document or any
successor document.
(b) Evaluation; Report.--Not later than 90 days after the
date of the enactment of this Act, the Director of the
National Security Agency shall--
(1) evaluate whether the existing Vulnerabilities Equities
Process sufficiently accommodates the submission and review
of artificial intelligence security vulnerabilities; and
(2) submit to the congressional intelligence committees a
report describing the applicability of the Vulnerabilities
Equities Process to such vulnerabilities, including whether
the submission and review of such vulnerabilities under the
Vulnerabilities Equities Process would result in an unduly
large volume of notifications to affected vendors and, if so,
an assessment of mechanisms to manage the volume of such
notifications.
(c) Process.--In carrying out subsection (b), if the
Director of the National Security Agency determines that the
existing Vulnerabilities Equities Process does not
sufficiently accommodate the submission and review of
artificial intelligence security vulnerabilities identified
by elements of the intelligence community, and that such
vulnerabilities present public interest considerations
meriting review under the Vulnerabilities Equities Process,
the Director shall establish a process for the submission and
review of such vulnerabilities under the Vulnerabilities
Equities Process not later than 30 days after the date of
such determination.
(d) Briefing on Vulnerabilities Identified by Artificial
Intelligence Systems.--Not later than 90 days after the date
of the enactment of this Act, the Director of the National
Security Agency shall provide the congressional intelligence
committees with a briefing on--
(1) the volume of vulnerabilities of information systems
identified by artificial intelligence systems;
(2) the impact of any change in such volume on the
functioning of the Vulnerabilities Equities Process; and
(3) whether the increasingly rapid discovery and
exploitation of such vulnerabilities by external cyber actors
using artificial intelligence systems materially alters the
equity of disclosure.
(e) Consultation Required.--The Director of the National
Security Agency shall carry
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out subsections (b), (c), and (d) in consultation with--
(1) the Director of the Central Intelligence Agency;
(2) the Director of the Federal Bureau of Investigation;
and
(3) other entities as the Director of the National Security
Agency considers appropriate.
SEC. 710. PROHIBITION ON CERTAIN ARTIFICIAL INTELLIGENCE
MODELS ON INTELLIGENCE COMMUNITY SYSTEMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Appropriations of the Senate.
(C) The Committee on Appropriations of the House of
Representatives.
(2) Artificial intelligence model.--The term ``artificial
intelligence model'' means a capability or series of
capabilities combined that can, for a given set of
objectives, generate outputs such as predictions,
recommendations, or decisions without human intervention or
input.
(3) Child pornography.--The term ``child pornography'' has
the meaning given that term in section 2256 of title 18,
United States Code.
(4) Covered application.--The term ``covered application''
means any specific artificial intelligence model that has
been confirmed by a head of an element of the intelligence
community, or their designee, as--
(A) failing to adhere to the National Institute of Standard
and Technology Artificial Intelligence Risk Management
Framework: Generative Artificial Intelligence Profile with
respect to ``obscene, degrading, and/or abusive content'', or
a successor standard or framework, to the extent the
framework applies to synthetic child sexual abuse material or
non-consensual intimate images of adults;
(B) subject to a Federal court determination that such
artificial intelligence model has generated content depicting
child pornography; or
(C) subject to a Federal court determination that such
artificial intelligence model has generated non-consensual
intimate visual depictions of an identifiable adult or a
minor.
(5) Intimate visual depiction.--The term ``intimate visual
depiction'' has the meaning given that term in section 1309
of the Violence Against Women Act Reauthorization Act of 2022
(15 U.S.C. 6851).
(b) Prohibition.--
(1) In general.--The acquisition or use of any covered
application on national security systems operated by an
element of the intelligence community or by a contractor of
such element is prohibited unless the appropriate safeguards
described in subsection (c) can be implemented.
(2) Implementation.--
(A) Initial removal.--Not later than 180 days after the
date of the enactment of this Act, any covered application
shall be required to be removed from national security
systems operated by an element of the intelligence community
or a contractor of such element.
(B) Subsequent removals.--Beginning after the 180-day
period described in subparagraph (A), any artificial
intelligence model that becomes a covered application shall
be required to be removed from national security systems
operated by an element of the intelligence community or a
contractor of such element not later than 180 days after the
date that the model is confirmed by the head of an element of
the intelligence community, or their designee, to be a
covered application.
(c) Safeguards.--
(1) In general.--The head of an element of the intelligence
community may implement additional safeguards that prohibit
the generation of child pornography or non-consensual
intimate visual depictions of an identifiable adult or a
minor.
(2) Certification required.--The head of an element of the
intelligence community shall certify to the Director of
National Intelligence that safeguards implemented under
paragraph (1) are sufficient to prevent misuse of covered
applications to generate child pornography or intimate visual
depictions of a minor.
(3) Congressional notification.--The head of an element of
the intelligence community that issues a certification
pursuant to paragraph (2) shall notify the appropriate
committees of Congress of such certification not later than 7
days after issuing such certification. Such a notification
shall identify the safeguards implemented pursuant to
paragraph (1).
(d) National Security and Research Waiver.--
(1) In general.--The head of an element of the intelligence
community may issue a waiver for any artificial intelligence
model that would otherwise be subject to the prohibition
under subsection (b) if the head identifies a national
security or research justification for such artificial
intelligence model that benefits the intelligence community.
(2) Congressional notification.--Not later than 7 days
after issuing a waiver pursuant to paragraph (1), the head of
the element of the intelligence community that issues such
waiver shall submit to the appropriate committees of Congress
a notification that includes--
(A) an identification of the national security or research
justification for such usage;
(B) an estimate of the approximate cost of such usage; and
(C) a plan to implement a safeguard in such a way as to
allow for continued usage consistent with the general
prohibition described in subsections (b)(1) and (c)(1).
(e) Cure.--If a covered application is identified for
removal or is disqualified from use or acquisition pursuant
to this section, the head of an element of the intelligence
community may offer the provider of the covered application
an opportunity to cure performance to avoid removal pursuant
to subsection (b)(2).
TITLE VIII--OTHER MATTERS
SEC. 801. MODIFICATION TO NOTIFICATION REQUIREMENTS FOR
AUTHORIZED AND ORDERED DEPARTURES.
Section 5173(e) of the Department of State Authorization
Act for Fiscal Year 2026 (22 U.S.C. 4865 note; division E of
Public Law 119-60) is amended--
(1) in paragraph (1), by inserting ``, the Permanent Select
Committee on Intelligence, the Committee on Armed Services,''
after ``Foreign Affairs''; and
(2) in paragraph (2), by inserting ``, the Select Committee
on Intelligence, the Committee on Armed Services,'' after
``Foreign Relations''.
SEC. 802. INTELLIGENCE SUPPORT TO THE U.S. INTERNATIONAL
DEVELOPMENT FINANCE CORPORATION.
The Director of National Intelligence, in coordination with
the heads of the other elements of the intelligence
community, may provide intelligence and analytic support to
the U.S. International Development Finance Corporation to
help ensure all projects of the Corporation are appropriately
informed and strategically executed in accordance with the
purpose of the Corporation as described in section 1412(b) of
the BUILD Act of 2018 (22 U.S.C. 9612(b)).
SEC. 803. TECHNICAL AMENDMENTS.
(a) Definition of Armed Forces in National Security Act of
1947.--Section 605(8) of the National Security Act of 1947
(50 U.S.C. 3126(8)) is amended by inserting ``Space Force,''
after ``Marine Corps,''.
(b) National Intelligence University.--Section 6801(a)(4)
of the Intelligence Authorization Act for Fiscal Year 2026
(Public Law 119-60) is amended in the matter preceding
subparagraph (A) by striking ``3327'' and inserting ``3227''.
DIVISION G--DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL YEAR 2027
SEC. 8001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Department of State Authorization Act for Fiscal Year
2027''.
(b) Table of Contents.--The table of content for this
division is as follows:
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL YEAR 2027
Sec. 8001. Short title; table of contents.
Sec. 8002. Definitions.
TITLE I--WORKFORCE MATTERS
Sec. 8101. Mid-career training float.
Sec. 8102. Rebidding for personnel at closed posts.
Sec. 8103. Report on Pacific Islands embassy staffing incentives.
Sec. 8104. Enduring foreign language proficiency incentive pay.
Sec. 8105. Support for regional medical officer psychiatrists.
Sec. 8106. Workforce exit interviews.
Sec. 8107. Integration of Marine Security Guard Detachments at United
States diplomatic posts.
Sec. 8108. Additions to reporting requirements for deaths at post.
Sec. 8109. Policy on negotiation of bilateral work agreements.
Sec. 8110. Coverage of return costs.
Sec. 8111. Requirement for Uyghur language training.
Sec. 8112. Extension of post-employment restrictions on Senate-
confirmed officials at the Department of State.
Sec. 8113. Reducing foreign language training related delays in Foreign
Service assignments.
Sec. 8114. Ensuring full staffing of the countering Russian Influence
Fund.
Sec. 8115. Facilitating moves for domestic employees teleworking
overseas.
Sec. 8116. Strengthening the Department's capacity for economic and
technology competition.
TITLE II--ORGANIZATION AND OPERATIONS
Sec. 8201. Streamlining move procedures.
Sec. 8202. Streamlining Arctic Ambassador responsibilities.
Sec. 8203. Adversary alignment.
Sec. 8204. Strategy on Department plan to reopen diplomatic facilities
in Syria.
Sec. 8205. Amendment to reflect the Bureau of Medical Services.
TITLE III--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 8301. Internal report on smart cable analytics.
Sec. 8302. Generative artificial intelligence enabled language
translation.
TITLE IV--PUBLIC DIPLOMACY
Sec. 8401. Mega-decade sports diplomacy.
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Sec. 8402. Strengthening United States response to adversarial
propaganda.
TITLE V--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 8501. Report on Consular Affairs officers joining United States
missions to Pacific Island countries.
Sec. 8502. Secure Embassy Construction and Counterterrorism Act of 2022
implementation report.
Sec. 8503. Counterintelligence unit at all critical counterintelligence
threat posts.
Sec. 8504. Authorization of certain public libraries to collect and
retain fees for the acceptance and execution of passport
applications.
Sec. 8505. Review of tour lengths for Foreign Service officers at
critical Human Intelligence threat posts.
Sec. 8506. Modernization of consular forms.
Sec. 8507. Expansion of limited consular appointment authority.
Sec. 8508. Report on indefinite suspensions for members of the Civil
Service.
Sec. 8509. Artificial intelligence use for online presence review.
TITLE VI--MISCELLANEOUS
Sec. 8601. Au pair regulation.
Sec. 8602. Requirement for think tanks to disclose foreign funding.
Sec. 8603. Marking and branding.
Sec. 8604. Permitting for international bridges and land ports of
entry.
Sec. 8605. Arms Export Control Act increase for direct commercial
contracts authority.
Sec. 8606. Sunsetting the 180-day COVID obligation and expenditure
reports.
Sec. 8607. Congressional delegations.
Sec. 8608. Modification of the special rule for countries downgraded
from and reinstated to the tier 2 watch list in the
Trafficking in Persons report.
Sec. 8609. United States support to United Nations peacekeeping
duplicative reporting.
Sec. 8610. Restrictions on stinger missile transfers to Bahrain.
Sec. 8611. Change to the missile sanctions laws statutory references.
Sec. 8612. Congressional notifications under the Arms Export Control
Act.
Sec. 8613. Report on critical language expertise.
Sec. 8614. Use of artificial intelligence to meet congressional
reporting requirements.
Sec. 8615. Millennium Challenge Corporation compacts.
Sec. 8616. Office of the Inspector General for Foreign Assistance.
Sec. 8617. Strategy on maritime economic resilience.
Sec. 8618. Modernization of international agreements related to
critical undersea infrastructure.
Sec. 8619. Embassy evacuation and notification planning.
Sec. 8620. Young African Leaders Initiative.
TITLE VII--OTHER MATTERS
Subtitle A--SHADOW Fleet Sanctions Act of 2026
Sec. 8700. Short titles.
Chapter 1--Sanctions With Respect to the Russian Federation
Sec. 8701. Definitions.
subchapter a--sanctions with respect to russian shadow fleet
PART I--Imposition of Sanctions
Sec. 8702. Imposition of sanctions with respect to vessels suspected of
participation in or support of the Russian shadow fleet.
Sec. 8702A. Imposition of sanctions with respect to foreign persons
that support Russian illicit shipping with vessels
subject to United States sanctions.
Sec. 8702B. Imposition of sanctions with respect to port terminals
accepting oil from Russian shadow fleet vessels.
PART II--Disclosures, Publications, and Reports
Sec. 8703. Alignment of designation authorities with European Union and
United Kingdom regarding Russian shadow fleet.
Sec. 8703A. Support of efforts of the Joint Expeditionary Force.
PART III--Flag State Requirements and Strategy
Sec. 8704. Minimum standards for operating as a flag state registry and
assessment of efforts to prevent the circumvention of
sanctions and other crimes.
Sec. 8704A. Strategy for countries that do not make sufficient efforts
to comply with minimum standards for operating as a flag
state.
PART IV--Other Matters
Sec. 8705. International efforts to identify vessels transporting
Russian-origin oil.
subchapter b--sanctions with respect to russian-origin energy products
Sec. 8706. Imposition of sanctions with respect to persons with certain
interests in Russian energy projects.
Sec. 8706A. Strategy to counter role of the People's Republic of China
in evasion of sanctions with respect to Russian-origin
petroleum products.
subchapter c--sanctions with respect to russian defense industrial base
Sec. 8707. Imposition of sanctions with respect to persons that sell,
lease, or provide goods or services relating to the
defense industrial base of the Russian Federation.
subchapter d--modifications of protecting europe's energy security act
of 2019
Sec. 8708. Modifications of Protecting Europe's Energy Security Act of
2019.
subchapter e--general provisions
Sec. 8709. Sanctions described.
Sec. 8709A. Exceptions; waivers.
Sec. 8709B. Implementation.
Sec. 8709C. Termination of sanctions authorities.
Chapter 2--Other Matters
Sec. 8710. Determination with respect to Russian military actions in
support of Russian shadow fleet.
Sec. 8710A. Resources for sanctions implementation at the Department of
State.
Sec. 8710B. Modification of limitation on military cooperation between
the United States and the Russian Federation.
Sec. 8710C. Emergency appropriations for the Countering Russian
Influence Fund.
Sec. 8710D. Report on presidential drawdown authority and Ukraine
Security Assistance Initiative.
Sec. 8710E. Support for Ukraine arms sales.
Subtitle B--Deterring Aggression Against Taiwan
Sec. 8711. Short title.
Sec. 8712. Sense of Congress.
Sec. 8713. Definitions.
Sec. 8714. Task force.
Sec. 8715. Report.
Sec. 8716. Rule of construction.
Subtitle C--PEACE in Sudan
Sec. 8721. Short titles.
Sec. 8722. Statement of policy.
Sec. 8723. Definitions.
Sec. 8724. Report on activities of certain foreign governments and
groups in Sudan.
Sec. 8725. Report on atrocities and gross violations of
internationally-recognized human rights in Sudan.
Sec. 8726. Strategy.
Sec. 8727. Assessment of eligibility of armed actors in Sudan for
designation as specially designated global terrorists.
Sec. 8728. Sanctions.
Sec. 8729. Special Envoy for Sudan.
Sec. 8730. Assistance to the Government of Sudan by international
financial institutions.
Sec. 8731. Sudan Business Risk Advisory.
Sec. 8732. United States engagement at the United Nations with respect
to Sudan.
Sec. 8733. Foreign assistance to Sudan.
Sec. 8734. Annual report on financial assets held by armed actors in
Sudan.
Sec. 8735. Termination.
Sec. 8736. Rule of construction.
Sec. 8737. Sunset.
Subtitle D--Scam Compound Accountability and Mobilization
Sec. 8741. Short title.
Sec. 8742. Findings.
Sec. 8743. Sense of Congress.
Sec. 8744. Statement of policy.
Sec. 8745. Definitions.
Sec. 8746. Strategy to counter scam compounds and hold transnational
criminal organizations and human traffickers accountable.
Sec. 8747. Establishing a Task Force to implement the Strategy.
Sec. 8748. Strengthening tools to dismantle scam compounds and hold
transnational criminal organizations accountable.
Sec. 8749. Redress to victims of international scam compound
operations.
Sec. 8750. Satellite imagery access to monitor human rights abuses
related to scam compounds to discover the presence of
human trafficking.
Sec. 8750A. Sunset.
Subtitle E--Strategic Subsea Cables Act of 2026
Sec. 8751. Short title.
Sec. 8752. Definitions.
PART I-- International Coordination and Engagement on Critical Undersea
Infrastructure
Sec. 8753. Findings.
Sec. 8754. Sense of Congress.
Sec. 8755. Enhancing United States Government engagement with relevant
international bodies to safeguard United States
interests.
Sec. 8756. Imposition of sanctions with respect to critical undersea
infrastructure sabotage.
Sec. 8757. Report on activities by the People's Republic of China and
the Russian Federation.
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Sec. 8758. Engaging foreign partners to strengthen the security of
critical undersea infrastructure.
PART II--Department of State Critical Undersea Infrastructure Expertise
Sec. 8761. Expanding critical undersea infrastructure-related expertise
at the Department of State.
PART III--International Cooperation on Subsea Communications
Infrastructure Protection From Sabotage
Sec. 8762. Improving United States Government coordination on
protecting subsea communications infrastructure.
Sec. 8763. Strengthening information sharing between United States
Government and private sector stakeholders on subsea
communications infrastructure.
PART IV--Limitations and Rule of Construction
Sec. 8764. Rule of construction.
Subtitle F--Countering China's Control of the Caucasus Act
Sec. 8771. Short title.
Sec. 8772. Reports and briefings.
Subtitle G--Saving Lives and Taxpayer Dollars Act
Sec. 8776. Annual report.
Subtitle H--Reporting on Syria
Sec. 8781. Report on the impact of United States assistance.
Sec. 8782. Strategy on ISIS-related detainee and displacement camps in
Syria.
Sec. 8783. Strategy for engagement with Syrian authorities and for
evaluating security at the United States mission.
Sec. 8784. Strategy to ensure the enduring defeat of ISIS in Syria.
Sec. 8785. Defined term.
Subtitle I--Additional Authorities
Sec. 8791. Repeals of Syria sanctions statutes.
Sec. 8792. Establishment of Ukraine Lessons Learned Task Force.
Subtitle J--Exception Relating to Importation of Goods
Sec. 8795. Exception relating to importation of goods.
SEC. 8002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
TITLE I--WORKFORCE MATTERS
SEC. 8101. MID-CAREER TRAINING FLOAT.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall develop and
submit to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives a strategy
to establish and maintain a ``training float'' by January 1,
2027, to authorize between 8 and 10 percent of the members of
the Civil Service and the Foreign Service to participate in
long-term training at any time.
(b) Elements.--The strategy developed pursuant to
subsection (a) shall include--
(1) a proposal to ensure personnel in the training float
remain dedicated to training or professional development
activities;
(2) recommendations to maintain, and an assessment of the
feasibility of maintaining, a minimum of 8 percent of
personnel in the float at all times; and
(3) any additional resources and authorities needed to
maintain the training float described in this section.
(c) Monitoring.--Beginning not later than 120 days after
the date of the enactment of this Act, the Secretary shall
ensure personnel in any training float established pursuant
to this section remain dedicated to training or professional
development activities.
SEC. 8102. REBIDDING FOR PERSONNEL AT CLOSED POSTS.
(a) Defined Term.--In this section and in section 8103, the
term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(b) In General.--If the Department closes, consolidates, or
downsizes any element of the Department, including any
bureau, office, or diplomatic or consular post, any Foreign
Service officers employed by such element shall be allowed to
rebid for comparable positions within the Foreign Service.
(c) Notification.--Not later than 30 days after the
closure, consolidation, or downsizing of any element of the
Department, the Secretary shall notify the appropriate
congressional committees of the personnel impact of such
action, including--
(1) the number of personnel at the affected post,
disaggregated Foreign Service officers, eligible family
members, and local embassy staff;
(2) the number of Foreign Service officers who chose to
rebid for new positions and the posts at which such Foreign
Service officers are currently stationed; and
(3) the status of all other affected personnel.
SEC. 8103. REPORT ON PACIFIC ISLANDS EMBASSY STAFFING
INCENTIVES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary and the Deputy
Secretary of State for Management and Resources shall--
(1) submit a report to the appropriate committees of
Congress that describes plans for addressing staffing needs
at United States embassies in Pacific Island countries; and
(2) provide a briefing to the appropriate committees of
Congress that includes--
(A) a discussion of the contents of the report submitted
pursuant to paragraph (1); and
(B) nonfinancial incentives offered to Foreign Service
officers serving at United States embassies in Pacific Island
countries, including mission-specific training.
(b) Contents.--The report required under subsection (a)(1)
shall include--
(1) steps to implement the findings included in the Foreign
Service officer allowances report required under section 5302
of the Department of State Authorization Act of 2021
(division E of Public Law 117-81) to provide incentives for
Foreign Service officers to serve in Pacific Island
countries, including--
(A) hardship and danger pay;
(B) the opportunity to provide one-grade stretches before
stretch season and allow bidding on Pacific Island country
posts on the early assignment cycle;
(C) eligibility to receive student loan repayments;
(D) incentive pay to extend tours at Pacific Island country
posts;
(E) additional recreation entitlements;
(F) priority consideration for onward assignments;
(G) opportunities to serve repeated tours in the same
region to develop expertise while aiding career advancement;
and
(H) consideration of United States embassies in Pacific
Island countries for Special Incentive Post designation
eligibility;
(2) the status of the virtual schooling pilot program
undertaken by the Office of Overseas Schools and other
programs designed to support the dependents and spouses of
diplomats stationed at Pacific Island country posts;
(3) current administrative requirements, including
reporting requirements, required for embassies in Pacific
Island countries and proposals for how to lower the
administrative burden on small embassies; and
(4) any additional measures and financial and nonfinancial
incentives to encourage Foreign Service officers to seek
assignments to, and remain at, hardship posts in countries
where addressing growing and malign foreign government
influence is especially critical to United States interests,
especially at new posts in remote locations, such as the
United States embassies in the Kingdom of Tonga, the Solomon
Islands, and the Republic of Vanuatu.
SEC. 8104. ENDURING FOREIGN LANGUAGE PROFICIENCY INCENTIVE
PAY.
(a) Enduring Foreign Language Proficiency Incentive Pay.--
(1) In general.--Not later than January 1, 2027, the
Secretary shall establish an additional pay structure for
members of the Foreign Service designed to incentivize
enduring foreign language proficiency.
(2) Objective.--The objective of the additional incentive
pay established pursuant to paragraph (1) is to promote the
retention of language skills among members of the Foreign
Service, even when the current posts they fill are not
language designated or otherwise do not require regular use
of the critical languages in question.
(3) Elements.--The Secretary may consider the following
elements when devising the new incentive pay structure:
(A) Concurrent receipt.--A member of the Foreign Service
who is already receiving another form of language incentive
pay for a certain language is not eligible to concurrently
receive enduring language proficiency incentive pay under
this section.
(B) Certification.--Enduring proficiency in a designated
critical language shall be subject to annual certification by
the Secretary.
(C) Multiple languages.--Individuals who continue to meet
proficiency requirements in multiple languages may be
eligible to receive enduring language incentive pay for each
of such languages.
(D) Language categories.--The Secretary may design the
enduring incentive pay on a scale that provides a range of
payments reflecting the difficulty of the language skills in
question, encompassing world languages, difficult world
languages, hard languages and super hard languages.
(b) Reports.--
(1) Initial report and briefing.--The Secretary shall
provide an initial report and briefing to the appropriate
congressional committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives that describes the structure and planned
implementation for the new incentive pay structure authorized
under this section.
(2) Annual reports.--The Secretary shall submit an annual
report to the appropriate congressional committees, the
Committee on
[[Page S4045]]
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives that--
(A) describes the use of the new incentive pay structure
authorized under this section by members of the Foreign
Service;
(B) identifies the number of recipients of the language
proficiency incentive payment authorized under this section
and the specific languages for which such incentive pay is
being offered; and
(C) contains any other information the Secretary considers
relevant.
SEC. 8105. SUPPORT FOR REGIONAL MEDICAL OFFICER
PSYCHIATRISTS.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) regional medical officer psychiatrists play an integral
role in ensuring the readiness of Department personnel
stationed abroad; and
(2) trained clinical social workers can be an asset to the
Department by supporting the sparse number of regional
medical officer psychiatrists stationed at United States
diplomatic posts worldwide.
(b) Hiring Quotas.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
following 4 years, the Secretary shall hire not fewer than 20
trained social workers to support the work of regional
medical officer psychiatrists at United States diplomatic
posts worldwide.
(c) Annual Report.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
following 4 years, the Secretary shall submit a report to the
appropriate congressional committees that--
(1) identifies the number of trained social workers hired
by the Department during the previous calendar year;
(2) identifies the total number of trained social workers
employed by the Department as of the date on which such
report is submitted; and
(3) lists each United States diplomatic post at which
trained social workers are currently stationed, including the
number of trained social workers stationed at each post.
SEC. 8106. WORKFORCE EXIT INTERVIEWS.
Section 5402 of the Department of State Authorization Act
of 2021 (division E of Public Law 117-81; 22 U.S.C. 2736) is
amended--
(1) in subsection (b), by striking ``provide an opportunity
for an exit interview to'' and inserting ``conduct exit
interviews with''; and
(2) by inserting at the end the following:
``(e) Report.--Not later than 1 year after the date of the
enactment of the Department of State Authorization Act for
Fiscal Year 2027, and annually thereafter for the following
10 years, the Secretary shall submit a report to the
appropriate congressional committees that--
``(1) describes the Department's process for conducting
exit interviews with Foreign Service officers;
``(2) identifies any changes the Department has made to the
exit interview process during the previous calendar year; and
``(3) describes any trends in the responses the Department
has received from exit interviews conducted with Foreign
Service officers during the previous calendar year.''.
SEC. 8107. INTEGRATION OF MARINE SECURITY GUARD DETACHMENTS
AT UNITED STATES DIPLOMATIC POSTS.
(a) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that--
(1) assesses the level of integration of Marine Security
Guard Detachments into communities of personnel under Chief
of Mission authority at United States diplomatic posts
abroad;
(2) describes the steps the Secretary and Chiefs of Mission
are taking to better integrate Marine Security Guard
Detachments into communities of personnel under Chief of
Mission authority at United States diplomatic posts abroad;
(3) describes the steps the Secretary and Chiefs of Mission
are taking to support mental health and improve the quality
of life of Marine Security Guard Detachments at United States
diplomatic posts abroad; and
(4) identifies any barriers the Secretary perceives as
inhibiting--
(A) greater integration of Marine Security Guard
Detachments into communities of personnel under Chief of
Mission authority at United States diplomatic posts abroad;
and
(B) improvements to the quality of life of Marine Security
Guard Detachments at United States diplomatic posts abroad.
SEC. 8108. ADDITIONS TO REPORTING REQUIREMENTS FOR DEATHS AT
POST.
Section 57 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2729(a)(3)) is amended by adding at the end
the following:
``(d) Congressional Notification.--Not later than 30 days
after any overseas death from nonnatural causes of any United
States citizen under Chief of Mission authority or of any
family member of a United States citizen under Chief of
Mission authority, the Secretary shall submit written
notification, which may include a classified annex, to the
congressional committees with jurisdiction over such matters
that includes--
``(1) the date of such person's death;
``(2) the location where such death occurred, including the
municipality, state or province, and country;
``(3) the cause of such death, including--
``(A) information on the circumstances of such death; and
``(B) if the death resulted from an act of terrorism or
suicide, a statement disclosing such information; and
``(4) such other information as the Secretary shall
consider appropriate.''.
SEC. 8109. POLICY ON NEGOTIATION OF BILATERAL WORK
AGREEMENTS.
(a) In General.--In each country in which the Department
maintains a United States embassy or consulate, the Secretary
shall seek to negotiate and establish a bilateral work
agreement with the host government that covers eligible
family members of United States direct hire personnel
employed by the Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for the
following 5 years, the Secretary shall submit a report to the
appropriate congressional committees that includes--
(1) a list of every country in which there is an active
bilateral work agreement negotiated between the Department
and the host government; and
(2) the status of the Department's efforts to negotiate
bilateral work agreements in all other countries not included
in the list described in paragraph (1), including--
(A) the primary obstacle the Department faces in each
country to securing such a bilateral work agreement; and
(B) how the Department is working to overcome such
obstacle.
SEC. 8110. COVERAGE OF RETURN COSTS.
The Department, to the maximum extent practicable, shall
pay for costs incurred by members of the Foreign Service that
directly result from duties required as part of their return
to the United States at the time of their retirement from the
Foreign Service.
SEC. 8111. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING.
(a) Uyghur Language Training and Staffing.--The Secretary
may take such steps as may be necessary to ensure--
(1) Uyghur language training is available to Foreign
Service officers; and
(2) efforts are made to ensure that at least 1 Uyghur-
speaking member of the Service (as defined in section 103 of
the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned
to--
(A) at least 1 United States diplomatic or consular post in
the People's Republic of China; and
(B) at least 1 United States diplomatic post in Kazakhstan,
Uzbekistan, Kyrgyzstan, or Turkey.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Foreign Service Institute shall
submit a report to the appropriate congressional committees
that outlines all of the steps that have been taken to
implement subsection (a).
SEC. 8112. EXTENSION OF POST-EMPLOYMENT RESTRICTIONS ON
SENATE-CONFIRMED OFFICIALS AT THE DEPARTMENT OF
STATE.
(a) Extension.--Section 1(m)(7) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(7)) is
amended by striking ``5 years after the date of the enactment
of the Department of State Authorization Act of 2022'' and
inserting ``5 years after the date of the enactment of the
Department of State Authorization Act for Fiscal Year 2027''.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that describes the
implementation of the restrictions described in section 1(m)
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(m)), including--
(1) a description of the actions of the Department since
the date of enactment of the Department of State
Authorization Act of 2022 (division I of Public Law 117-263)
to provide applicable officials with the notice of
restrictions required under section 1(m)(5) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(m)(5));
(2) a description of any guidance provided to the
applicable officials before they left government service;
(3) a description of efforts by the Department to monitor
and ensure compliance with the requirements under section
1(m) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(m)); and
(4) a list of any known or discovered violations of the
restrictions set forth in section 1(m) of such Act and any
steps taken in response to such violations.
(c) Countries of Concern.--Section 1(m)(1)(A) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(m)(1)(A)) is amended--
(1) in clause (iv), by adding ``and'' at the end;
(2) in clause (v), by striking ``; and'' and inserting a
period; and
(3) by striking clause (vi).
SEC. 8113. REDUCING FOREIGN LANGUAGE TRAINING RELATED DELAYS
IN FOREIGN SERVICE ASSIGNMENTS.
(a) In General.--The Secretary shall ensure--
(1) Foreign Service officers with critical language skills
are prioritized for posts that require hard and super hard
language skills; and
(2) such officers are not excluded from bidding due to
language requirements for officers with lesser language
skills.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the
[[Page S4046]]
Secretary shall submit a report to the appropriate
congressional committees that describes--
(1) any barriers that exist within the Foreign Service
assignment process and foreign language training requirements
within the Foreign Service that delay Foreign Service
officers who do not require additional foreign language
training from being selected for assignments that generally
include a language training requirement; and
(2) steps the Secretary is taking to eliminate delays in
the timely deployment of Foreign Service officers who do not
require additional foreign language training to their next
assignment.
SEC. 8114. ENSURING FULL STAFFING OF THE COUNTERING RUSSIAN
INFLUENCE FUND.
(a) Report Required.--Not later than 45 days after the date
of the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees that--
(1) identifies the number of full-time staff dedicated to
the Countering Russian Influence Fund Unit established under
section 5160 of the Department of State Authorization Act for
Fiscal Year 2026 (division E of Public Law 119-60; 22 U.S.C.
9543 note), including a staffing plan for the upcoming
calendar year;
(2) describes the priorities identified for the unit,
consistent with section 254 of the Countering Russian
Influence in Europe and Eurasia Act of 2017 (title II of
subtitle B of Public Law 115-44);
(3) describes the unit's efforts to counter Russian
influence and hybrid activities, including sabotage,
information operations, weaponized migration, strategic
corruption, and other activities described in paragraph (2),
in the Europe and Eurasia regions; and
(4) describes monitoring and evaluation tools and metrics
to ensure that the unit's objectives are being met.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 8115. FACILITATING MOVES FOR DOMESTIC EMPLOYEES
TELEWORKING OVERSEAS.
The Secretary shall prescribe regulations authorizing the
Department to pay the costs associated with moving domestic
employees teleworking overseas who are spouses of Department
employees, and their personal belongings, directly from the
Department employee's overseas post to the Department
employee's next overseas post.
SEC. 8116. STRENGTHENING THE DEPARTMENT'S CAPACITY FOR
ECONOMIC AND TECHNOLOGY COMPETITION.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Critical and emerging technologies.--The term
``critical and emerging technologies'' means technologies
selected by the Secretary, in consultation with other Federal
agencies, from the critical and emerging technologies list
published by the National Science and Technology Council at
the Office of Science and Technology Policy.
(b) In General.--The Secretary shall require the National
Foreign Affairs Training Center to provide Foreign Service
officers with a course covering Department cyber, digital,
and critical and emerging technologies policies.
(c) Annual Training Report.--Not later than 1 year after
the date of the enactment of this Act, and annually for the
following 5 years, the Secretary shall submit a report to
appropriate congressional committees describing the
development of the course required under subsection (b),
including--
(1) a list of topics covered by the course;
(2) the number of course attendees during the previous
calendar year;
(3) where such attendees were subsequently posted or
assigned; and
(4) any additional resources required to maintain the
course.
(d) Technology Pathway Report.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall
submit a report to the appropriate committees of Congress
assessing the feasibility and advisability of establishing a
dedicated technology pathway for Foreign Service officers.
(e) Report on Restrictive Economic Measures.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and every 2 years thereafter for
the following 4 years, the Secretary shall submit a report to
the appropriate congressional committees describing its tools
for undertaking restrictive economic measures.
(2) Elements.--Each report required under paragraph (1)
shall--
(A) list tools for which--
(i) the Department serves as the lead agency; or
(ii) for which the Department participates in an
interagency process and can propose targets or measures,
including sanctions, export controls, and investment review
mechanisms;
(B) describe the role of the Department in developing,
considering, and implementing such measures, including--
(i) the source of the authority; and
(ii) the lead bureau and office for each authority; and
(C) describe the Department's capacity to assess such
measures consistent with United States foreign policy
objectives.
(3) Form of report.--Each report required under paragraph
(2) shall be submitted in unclassified form, but may include
a classified annex.
TITLE II--ORGANIZATION AND OPERATIONS
SEC. 8201. STREAMLINING MOVE PROCEDURES.
(a) In General.--The Secretary shall ensure United States
diplomatic posts receive support from Department headquarters
when conducting a permanent move from one facility to another
facility, including by establishing--
(1) a Department move handbook containing best practices,
lessons learned from previous post moves, and a repository of
templates and resources that is updated not less frequently
than every 5 years; and
(2) a feedback loop between move coordinators and the
Department headquarters to ensure lessons learned are
recorded at the completion of every post move.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees detailing steps the
Department has taken to meet the requirements described in
subsection (a).
SEC. 8202. STREAMLINING ARCTIC AMBASSADOR RESPONSIBILITIES.
Section 5143 of the Department of State Authorization Act
for Fiscal Year 2026 (division E of Public Law 119-60; 22
U.S.C. 2651a note) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (d), (e), (f), (g) and (h), respectively;
and
(3) in subsection (d)(3), as redesignated, by inserting ``,
in coordination with the senior officials of the Bureau of
European and Eurasian Affairs, the Bureau of Western
Hemisphere Affairs, and the Bureau of East Asian and Pacific
Affairs,'' after ``Affairs''.
SEC. 8203. ADVERSARY ALIGNMENT.
The Secretary shall convene an annual meeting of relevant
Department officials covering Iran, the Russian Federation,
the People's Republic of China, and the Democratic People's
Republic of Korea to discuss how these adversarial countries
are--
(1) cooperating;
(2) coordinating on shared priorities;
(3) providing military, economic, intelligence, and
diplomatic support to the other countries;
(4) facilitating sanctions evasion, transshipment of
controlled goods, and illicit financial activity; and
(5) sharing lessons-learned about ongoing conflicts in
which they are involved.
SEC. 8204. STRATEGY ON DEPARTMENT PLAN TO REOPEN DIPLOMATIC
FACILITIES IN SYRIA.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit a strategy to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives that--
(1) indicates when the Department intends to reinstate a
diplomatic presence in Syria;
(2) includes an analysis of the timeline required for the
Department to reopen its diplomatic facilities within Syria,
including a cost estimate for reopening such facilities;
(3) describes the necessary diplomatic security measures
needed to maintain full-time diplomatic operations in Syria;
and
(4) includes recommendations for steps the Department could
take to improve its ability to establish and maintain full-
time diplomatic operations in Syria.
SEC. 8205. AMENDMENT TO REFLECT THE BUREAU OF MEDICAL
SERVICES.
Section 1(p) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(p)) is amended--
(1) in the subsection heading, by striking ``Office of''
and inserting ``Bureau of''; and
(2) in paragraph (1), by striking ``Office of Medical
Services,'' and inserting ``Bureau of Medical Services''.
TITLE III--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 8301. INTERNAL REPORT ON SMART CABLE ANALYTICS.
During the 2-year period beginning on the date of the
enactment of this Act, the Secretary shall compile and
publish, within the Department, a semiannual report on SMART
cable analytics that includes, for every cable transmitted
from the Department headquarters in Washington, D.C.--
(1) the date on which the cable was transmitted;
(2) a brief title that reflects the topic of the cable;
(3) the official, bureau, or office within the Department
from which the cable originated;
(4) the number of Department employees who received the
cable; and
(5) the number of Department employees who opened the
cable.
SEC. 8302. GENERATIVE ARTIFICIAL INTELLIGENCE ENABLED
LANGUAGE TRANSLATION.
(a) Program for Language Translation Capabilities.--Section
1(n) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(n)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
[[Page S4047]]
``(5) Program for language translation capabilities.--
``(A) Establishment.--The Chief Information Officer, in
coordination with the Chief Data and Artificial Intelligence
Officer, shall establish a program for the utilization of
multi-modal generative artificial intelligence language
translation capabilities within the Department of State.
``(B) Matters to be included.--The program required under
subparagraph (A) shall--
``(i) include an automated, human-in-the-loop review and
verification process option and a machine-only process
option, which allows users to choose which process to utilize
in adherence with Department policies;
``(ii) include real-time training and fine-tuning of
translation models for use within different geographic
regions and Department mission areas;
``(iii) be available on unclassified and classified
information technology networks;
``(iv) be capable of generating original content in non-
English languages; and
``(v) be available at all United States and overseas
missions of the Department.
``(C) Department policies.--The Chief Information Officer
shall ensure the deployment and use of artificial
intelligence tools for language translation capabilities as
part of this program adhere to Department policies, including
the conditions whenever it is appropriate to use machine-only
processes or automated human-in-the-loop review and
verification processes.
``(D) Definitions.--In this paragraph:
``(i) Automated, human-in-the-loop review and verification
process.--The term `automated, human-in-the-loop review and
verification process' means an automated process within an
artificial intelligence language translation system that
requires human linguists to review and verify translations
performed by an artificial intelligence model for accuracy
prior to returning translated materials to a user.
``(ii) Machine-only process.--The term `machine-only
process' means an artificial intelligence language
translation capability that delivers a translation to a user
without review by a human linguist.
``(iii) Multimodal.--The term `multi-modal' means multiple
modes or formats of content to be translated, including
audio, text, video, and text contained within images.''.
(b) Briefing; Report.--The Chief Information Officer of the
Department shall--
(1) not later than 60 days after the date of the enactment
of this Act, provide a briefing to the appropriate
congressional committees regarding the status the program
established under section 1(n)(5) of the State Department
Basic Authorities Act of 1956, as amended by subsection (a);
and
(2) not later than 180 days after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees regarding the implementation of artificial
intelligence applications within the Department to improve
Department efficiency and mission operations, including
specific discussion of the program referred to in paragraph
(1).
TITLE IV--PUBLIC DIPLOMACY
SEC. 8401. MEGA-DECADE SPORTS DIPLOMACY.
(a) Definitions.--In this section, the terms ``American
decade of sports'' and ``mega-decade of sports'' mean the
major international sporting competitions hosted in the
United States between 2024 and 2034, including--
(1) the 2024 Copa America;
(2) the 2025 Club World Cup;
(3) the 2026 FIFA World Cup;
(4) the 2028 Summer Olympics and Paralympics;
(5) the 2031 Men's and 2033 Women's Rugby World Cup; and
(6) the 2034 Winter Olympics and Paralympics.
(b) Mega-decade Sports Diplomacy Strategy.--
(1) Submission of initial strategy.--Not later than 180
days after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of
Representatives a 5-year sports diplomacy strategy to
strategically leverage the major sporting events being hosted
in the United States to enhance United States soft power,
diplomatic relationships, and global leadership.
(2) Submission of subsequent strategy.--Not later than 5
years after the date on which the initial strategy is
submitted pursuant to paragraph (1), the Secretary shall
submit to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives a
subsequent 5-year strategy that is similar to the strategy
required under paragraph (1), but also includes evaluations
of lessons learned from international sporting events held in
the United States during the previous 5-year period.
(3) Elements.--The strategies required under paragraphs (1)
and (2) shall include--
(A) a description of the Department's diplomatic objectives
and metrics of success related to the mega-decade of sports;
(B) a plan to partner with local host cities, diaspora
communities, creatives, athletes, the sports industry,
private sector entities, human rights organizations, and
civil society stakeholders surrounding the competitions for
the purpose of showcasing United States national strengths
and forging new diplomatic connections;
(C) a Department coordination plan for leveraging sporting
events to advance various diplomatic lines of effort,
including by--
(i) integrating sports diplomacy into regional bureaus'
bilateral engagements and efforts to pursue new areas of
cooperation with foreign partners;
(ii) integrating sports into public diplomacy to reach new
foreign audiences that might not otherwise engage with United
States embassies abroad; and
(iii) leveraging sports diplomacy to advance commercial
diplomacy;
(D) a description of the financial and personnel support
needed to implement the 5-year sports diplomacy strategy; and
(E) any plans to deploy domestic public diplomacy
resources, such as the Cultural Unit and Foreign Press Center
established during the 1984 Summer Olympic Games, to enable
foreign visitors to engage with American culture and values.
(4) Public availability.--The strategies required under
paragraphs (1) and (2) shall be made publicly available on an
internet website of the Department not later than--
(A) 180 days after the date of the enactment of this Act,
with respect to the strategy required under paragraph (1);
and
(B) 5 years after the date described in subparagraph (A),
with respect to the strategy required under paragraph (2).
(5) Consultation.--The Secretary shall--
(A) consult with the appropriate congressional committees,
the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives
regarding the elements of the strategies required under
paragraphs (1) and (2) before submitting either strategy; and
(B) provide information regarding the implementation of the
most recently submitted strategy every 180 days during the
period beginning on the date of such submission and ending on
December 31, 2034.
(c) Office of Sports Diplomacy.--
(1) In general.--The Office of Sports Diplomacy (referred
to in this subsection as the ``Office'') is established in
the Bureau of Educational and Cultural Affairs of the
Department.
(2) Functions.--The Office shall manage sports diplomacy
exchange programs and implement the strategies required under
subsections (b), including by coordinating with Department
and interagency stakeholders--
(A) to coordinate the implementation of the strategy across
relevant bureaus, directorates, and offices of the
Department;
(B) to work with host cities and their social, political,
and economic partners to identify new avenues for engagement
with foreign entities;
(C) to engage local diaspora communities to deepen people-
to-people connections with foreign visitors and officials;
(D) to partner with the United States sports industry,
major sports leagues, and individual athletes to promote new
international sports partnerships and sports diplomacy
programs;
(E) to collaborate with host cities' international trade
and tourism offices to deepen economic and commercial ties
with foreign nations; and
(F) to elevate United States arts, film, and music creators
to promote cultural exchange and connection with foreign
visitors.
(3) Sunset.--This subsection shall cease to have any force
or effect beginning on the date that is 10 years after the
date of the enactment of this Act.
(d) Annual Implementation Reports.--Not later than 1year
after the submission of the strategy required under
subsection (b)(1), and annually thereafter until December 31,
2034, the Secretary shall submit a report to the appropriate
congressional committees describing the progress made toward
achieving the objectives of this section.
SEC. 8402. STRENGTHENING UNITED STATES RESPONSE TO
ADVERSARIAL PROPAGANDA.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit a plan to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives related to the
Strategy transmitted to Congress on March 6, 2026, entitled
``A Comprehensive Strategy to Counter Anti-U.S. Propaganda'',
which shall--
(1) identify the bureau leading Department efforts to
counter foreign adversarial propaganda;
(2) identify the number of full-time personnel, part-time
personnel, and contractors, respectively, dedicated to
countering foreign adversarial propaganda;
(3) describe how the Department will ensure the use of
commercial tools to detect and expose adversarial foreign
social media accounts and troll campaigns prioritizes foreign
accounts and campaigns aimed at sowing discord in the United
States and in allied and partner countries originating in--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran; or
(D) the Democratic People's Republic of Korea;
(4) assess the resources necessary to counter the Russian
Federation's efforts to leverage the People's Republic of
China's social media platforms; and
(5) describe how the Department will accomplish the action
described in paragraph (4) during the 1-year period beginning
on the date of the enactment of this Act.
[[Page S4048]]
TITLE V--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
SEC. 8501. REPORT ON CONSULAR AFFAIRS OFFICERS JOINING UNITED
STATES MISSIONS TO PACIFIC ISLAND COUNTRIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Pacific Island countries, especially the Freely
Associated States, are close United States partners located
across highly strategic waters that are critical for United
States national security; and
(2) it is in the national security interests of the United
States to maintain and strengthen relations with the
governments and citizens of Pacific Island countries.
(b) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Commerce, Science, and Transportation
of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Appropriations of the House of
Representatives;
(7) the Committee on Armed Services of the House of
Representatives; and
(8) the Committee on Energy and Commerce of the House of
Representatives.
(c) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Commandant of the United States Coast Guard, the
Commander of United States Indo-Pacific Command, and the
Chief of Naval Operations, shall submit a report to the
appropriate committees of Congress that analyzes the
feasibility of attaching Department consular officers to
Coast Guard and Navy missions in Pacific Island countries.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) an assessment of--
(i) the current demand for consular services from citizens
of Pacific Island countries; and
(ii) the challenges such citizens face in obtaining
consular services;
(B) an assessment of the approximate value, including in
time and resources saved, the initiative described in
paragraph (1) could save citizens of Pacific Island countries
that do not host United States embassies by having their
United States consular decisions adjudicated or receiving
other consular services;
(C) an assessment of the cost that would be incurred by the
Department, the United States Coast Guard, the United States
Indo-Pacific Command, and the United States Navy from the
implementation of such initiative, including potential
alternative cost-effective options and recommendations for
providing consular services to citizens of Pacific Island
countries;
(D) an assessment of the frequency and duration of Coast
Guard and Navy deployments to Pacific Island countries,
including--
(i) deployment frequency measured against the desired
number of visits;
(ii) the amount of time typically spent in port for such
visits; and
(iii) disruptions to planned Coast Guard and Navy missions
in order to visit locations needing consular assistance; and
(E) an evaluation of the logistical issues to be addressed
to implement the initiative described in paragraph (1),
including--
(i) an analysis of the spacing requirements to host
Department personnel and equipment aboard the various types
of Coast Guard and Navy vessels that make port calls to the
Pacific Islands;
(ii) an analysis of the information technology and
connectivity requirements to conduct consular affairs
activities in the Pacific Islands;
(iii) the feasibility of printing visas aboard Coast Guard
and Navy vessels;
(iv) maintaining the physical security of consular officers
and relevant adjudication equipment, during such missions;
(v) the impacts to Coast Guard and Navy vessels' operations
and security; and
(vi) the estimated time consular officers would spend on
board Coast Guard and Navy vessels between visits to Pacific
Island countries.
SEC. 8502. SECURE EMBASSY CONSTRUCTION AND COUNTERTERRORISM
ACT OF 2022 IMPLEMENTATION REPORT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees, the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, the Select
Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of
Representatives detailing the steps the Department has taken
to implement amendments made to the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of
division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G
of that Act) after the date of the enactment of the Secure
Embassy Construction and Counterterrorism Act of 2022 (title
XCIII of Public Law 117-263).
(b) Contents.--The report required under subsection (a)
shall include--
(1) an overview of the Department's approach to
implementing the amendments made to the Secure Embassy
Construction and Counterterrorism Act of 1999 by the Secure
Embassy Construction and Counterterrorism Act of 2022;
(2) a description of the guidelines the Secretary has
adopted to collect and utilize information from each
diplomatic post at which the construction of a new embassy
compound or new consulate compound could result in the
closure or co-location of an American Space that is owned and
operated by the United States Government (commonly known as
an ``American Center''), or any other public diplomacy
facility under the Secure Embassy Construction and
Counterterrorism Act of 1999;
(3) a list of every instance in which the Secretary
utilized the authorities established by the Secure Embassy
Construction and Counterterrorism Act of 2022, including an
explanation of why such authorities were determined to be
necessary in each instance;
(4) an assessment of cost savings, disaggregated by year
and efficiencies gained, by the Department as a result of the
amendments to the Secure Embassy Construction and
Counterterrorism Act of 1999 made by the Secure Embassy
Construction and Counterterrorism Act of 2022; and
(5) an assessment of how, if at all, the Secure Embassy
Construction and Counterterrorism Act of 1999 could be
further amended to ensure the Department's risk calculus is
calibrated in a manner that best advances United States
interests abroad, while simultaneously ensuring the safety
and security of United States personnel and diplomatic posts.
SEC. 8503. COUNTERINTELLIGENCE UNIT AT ALL CRITICAL
COUNTERINTELLIGENCE THREAT POSTS.
The Secretary shall require that each United States
diplomatic post rated critical for counterintelligence
threats to employ not fewer than 1 full-time Diplomatic
Security agent at all times.
SEC. 8504. AUTHORIZATION OF CERTAIN PUBLIC LIBRARIES TO
COLLECT AND RETAIN FEES FOR THE ACCEPTANCE AND
EXECUTION OF PASSPORT APPLICATIONS.
(a) In General.--Subsection (a) of the Passport Act of June
4, 1920 (22 U.S.C. 214(a)), is amended by adding at the end
the following:
``(4) The Secretary of State may authorize a public library
that is organized as a nongovernmental organization, a
nonprofit, a charitable organization, or a trust and is in
compliance with regulations prescribed by the Secretary of
State for the acceptance and execution of passport
applications--
``(A) to serve as a passport acceptance facility; and
``(B) to collect and retain the execution fee for a
passport accepted by such public library.''.
(b) Authorization of Public Libraries That Previously
Served as Passport Acceptance Facilities.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall authorize any
public library to serve as a passport acceptance facility and
to collect and retain an execution fee for a passport
accepted by such library, if, before the date of the
enactment of this Act, such public library--
(A) had served as a passport acceptance facility; and
(B) was in compliance with the regulations prescribed by
the Secretary for the acceptance and execution of passport
applications.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that includes--
(A) documentation of the Secretary's compliance with the
requirements described in paragraph (1); or
(B) if the Secretary is not in compliance with such
requirements, an explanation for such noncompliance.
(c) Conforming Amendment.--Subsection (a)(1) of the
Passport Act of June 4, 1920 (22 U.S.C. 214(a)(1)), is
amended--
(1) by striking ``State officials or the United States
Postal Service'' and inserting ``a State, a local government,
the United States Postal Service, or a public library that
meets the requirements described in paragraph (4)''; and
(2) by striking ``by such officials or by that Service.''
and inserting ``by such State, local government, Postal
Service, or public library.''.
SEC. 8505. REVIEW OF TOUR LENGTHS FOR FOREIGN SERVICE
OFFICERS AT CRITICAL HUMAN INTELLIGENCE THREAT
POSTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit a report to the
appropriate congressional committees, the Select Committee on
Intelligence of the Senate, the Permanent Select Committee on
Intelligence of the House of Representatives that--
(1) evaluates the length of Foreign Service postings at
critical Human Intelligence threat posts identified in the
Security Environment Threat List;
(2) assesses the counterintelligence or safety risks of
current tour of duty lengths;
(3) determines whether changes at specific posts are
necessary to mitigate counterintelligence safety risks
referred to in paragraph (2); and
(4) describes the changes the Department is making in
accordance with the determination under paragraph (3) and the
timeline for implementing such changes.
[[Page S4049]]
SEC. 8506. MODERNIZATION OF CONSULAR FORMS.
(a) In General.--The Secretary shall ensure that all
consular forms managed by the Bureau of Consular Affairs are
mobile responsive and have an electronic signature option.
(b) Briefing and Certification.--Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall--
(1) brief the appropriate congressional committees
regarding the status of the modernization efforts described
in subsection (a); and
(2) submit written certification to the appropriate
congressional committees that all consular forms managed by
the Bureau of Consular Affairs are mobile responsive and have
an electronic signature option.
(c) Rule of Construction.--The requirement under subsection
(a) may not be construed as a requirement to eliminate any
paper forms.
SEC. 8507. EXPANSION OF LIMITED CONSULAR APPOINTMENT
AUTHORITY.
Section 309 of the Foreign Service Act of 1980 (22 U.S.C.
3949) is amended--
(1) in subsection (a), by inserting ``, or 8 years in
duration for personnel performing consular services,'' after
``may not exceed 5 years in duration''; and
(2) in subsection (b)(6)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) a limited noncareer appointment for a period not to
exceed 2 years, in the case of personnel performing consular
services.''.
SEC. 8508. REPORT ON INDEFINITE SUSPENSIONS FOR MEMBERS OF
THE CIVIL SERVICE.
Section 610(c)(5) of the Foreign Service Act of 1980 (22
U.S.C. 4010(c)(5)) is amended by inserting ``and each member
of the Civil Service whose security clearance remains
suspended for more than one calendar year'' after ``one
calendar year''.
SEC. 8509. ARTIFICIAL INTELLIGENCE USE FOR ONLINE PRESENCE
REVIEW.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the integration of artificial intelligence (referred to
in this section as ``AI'') into Consular Affairs work for
visa adjudication requires measures to be taken to reduce the
likelihood of negative results or discriminatory outcomes;
and
(2) as AI technologies are utilized for efficiency, human
oversight remains critical and visa adjudication decisions
must ultimately rest with consular officers.
(b) Report on Implementation of AI for Online Presence
Review.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees describing how the
Department uses AI to review the online presence and other
information of visa candidates.
(c) Report Elements.--The report required under subsection
(b) shall describe--
(1) the Bureau of Diplomatic Technology's implementation
plan;
(2) the specific ways consular officers are using AI in the
visa adjudication process;
(3) how AI is being used to identify information and how
such information is analyzed; and
(4) safeguards that are in place to protect the privacy of
visa candidates, particularly minors.
TITLE VI--MISCELLANEOUS
SEC. 8601. AU PAIR REGULATION.
(a) Clarification of Exclusive Federal Regulatory
Authority.--
(1) In general.--A State or political subdivision of a
State may not enact or enforce a law, regulation, or other
provision having the force or effect of law related to or
that would impose additional or different terms or conditions
upon the au pair program administered by the Department.
(2) Rule of construction.--Nothing in this section may be
construed to limit the application of State laws of general
applicability, including criminal laws, that are unrelated to
and do not alter or affect any area of Federal regulation
applicable to the Department's au pair program.
(b) Revised Proposed Rule.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
conduct an assessment and submit to the President a proposed
rule that--
(1) provides a uniform national modification that--
(A) increases the stipend and the educational stipend
provided by a host family to an au pair;
(B) reflects the room, board, and other programmatic costs
borne by a host family; and
(C) sustains the same level of program participation by
both au pairs and host families;
(2) enhances flexibility in the au pair program to
accommodate unique family scheduling needs, including
military families, first responders, single parents, shift
workers, and other host families with non-traditional work
schedules;
(3) ensures necessary safeguards are updated to protect the
health and safety of au pairs, host families, and their
children; and
(4) promotes the immersion of an au pair into the family
life of their host family, consistent with the cultural
exchange purposes of the au pair program.
SEC. 8602. REQUIREMENT FOR THINK TANKS TO DISCLOSE FOREIGN
FUNDING.
(a) Definitions.--In this section:
(1) Covered organization.--The term ``covered
organization'' means any United States think tank that
received funding, including in the form of grants, from the
Department in the previous calendar year.
(2) Covered source of funding.--The term ``covered source
of funding'' means a foreign governmental entity from the
People's Republic of China, the Islamic Republic of Iran, or
the Russian Federation.
(3) Foreign governmental entity.--The term ``foreign
governmental entity'' means--
(A) any department, agency, or other entity of a foreign
government at the national, regional, or local level;
(B) any governing party or coalition of such a government,
including subsidiary national, regional, or local level
entities;
(C) any entity majority-owned or majority-controlled by
such a government; or
(D) any company, economic project, cultural organization,
exchange program, or nongovernmental organization that is
more than 33 percent owned or controlled by such a government
or advisors, consultants, or representatives of such a
government.
(4) Think tank.--The term ``think tank'' means a stand-
alone institution, organization, corporation, or group that
studies public policy issues with the primary objective of
providing information, ideas, and recommendations to United
States Government entities regarding the development and
implementation of policy.
(b) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations requiring covered organizations to submit an
annual disclosure to the Under Secretary of State for
Management that describes--
(1) any funding, cooperative research or staffing
agreements, or joint projects--
(A) received from or executed with a covered source of
funding; and
(B) the purpose or subject of which relates to a topic the
covered organization engages on with the Department; and
(2) any practices or processes undertaken by the covered
organization to ensure that its research agenda or products
are not influenced by covered sources of funding.
(c) Report Required.--Not later than 120 days after the
effective date of the regulations prescribed under subsection
(b), the Secretary shall submit a report to the appropriate
congressional committees that describes--
(1) the status of implementing the regulations and any
challenges or obstacles to such implementation;
(2) the offices within the Department that are responsible
for implementing the regulations; and
(3) any recommendations to improve upon the regulations
required under this section to overcome challenges to
implementation.
SEC. 8603. MARKING AND BRANDING.
(a) In General.--Section 641 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2401) is amended to read as follows:
``SEC. 641. MARKING AND BRANDING.
``The Secretary of State, in coordination with the heads of
other relevant Federal departments and agencies implementing
covered United States international assistance programs and
funds, and with due consideration for the safety and security
of implementing partners and beneficiaries, shall establish
and prescribe the use of uniform branding and marking
requirements to appropriately identify all goods provided to
foreign beneficiaries under this Act, which shall include the
flag of the United States and the words `from the American
people'.''.
(b) Audit.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the
Department, or any equivalent or successor Inspector General
charged with overseeing covered United States international
assistance programs and funds, shall submit a report to the
appropriate congressional committees containing the results
of an audit of compliance with relevant branding and marking
requirements by partners implementing such programs and
funds, including any requirements prescribed pursuant to
section 641 of the Foreign Assistance Act of 1961, as amended
by subsection (a).
(c) Definitions.--In this section, the term ``covered
United States international assistance programs and funds''
means United States international assistance authorized to be
appropriated or otherwise made available to carry out--
(1) chapters 1 and 10 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq. and 22 U.S.C. 2293 et
seq.), relating to Development Assistance or Global Health
Programs;
(2) chapter 9 of part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2292 et seq.), relating to International
Disaster Assistance and Transition Initiatives;
(3) chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.) relating to Economic Support
Funds;
(4) the provisions of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) relating to the Democracy Fund;
(5) chapter 11 of part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2295 et seq.), the FREEDOM Support Act
(Public Law 102-511; 22 U.S.C. 5801 et seq.), and the Support
for Eastern European Democracy (SEED) Act of 1989 (Public Law
101-179; 22 U.S.C. 5401 et seq.), relating to Assistance for
Europe, Eurasia, and Central Asia;
(6) subsections (a), (b), and (c) of section 2 of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601), relating to Migration
[[Page S4050]]
and Refugee Assistance and Emergency Migration and Refugee
Assistance;
(7) the Food for Peace Act (7 U.S.C. 1691 et seq.);
(8) section 509(b) of the Global Fragility Act of 2019
(title V of division J of Public Law 116-94), relating to the
Complex Crisis Fund;
(9) the Global Health Security and International Pandemic
Prevention, Preparedness, and Response Act of 2022 (subtitle
D of title LV of division E of Public Law 117-263; 22 U.S.C.
2151b note);
(10) the United States African Development Foundation Act
(title V of Public Law 96-533; 22 U.S.C. 290h et seq.);
(11) the provisions of section 401(b) of the Foreign
Assistance Act of 1969 (22 U.S.C. 290f(b)) relating to the
Inter-American Foundation; and
(12) section 661 of the Foreign Assistance Act of 1961 (22
U.S.C. 2421), relating to the United States Trade and
Development Agency.
SEC. 8604. PERMITTING FOR INTERNATIONAL BRIDGES AND LAND
PORTS OF ENTRY.
Section 6 of the International Bridge Act of 1972 (33
U.S.C. 535d) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``December 31, 2024,'' and inserting ``December 31, 2035,'';
and
(ii) by striking subparagraphs (A), (B), and (C), and
inserting the following:
``(A) An international bridge between the United States and
Mexico.
``(B) An international bridge between the United States and
Canada.
``(C) A port of entry on the international land border
between the United States and Mexico.
``(D) A port of entry on the international land border
between the United States and Canada.''; and
(B) in paragraph (2)(A)(ii), by inserting ``or land port of
entry'' after ``international bridge'';
(2) in subsection (b), by inserting ``or land port of
entry'' after ``international bridge'';
(3) in subsection (c)(2), by inserting ``or land port of
entry'' after ``international bridge'';
(4) in subsection (f), by inserting ``or land port of
entry'' after ``international bridge'' each place it appears.
SEC. 8605. ARMS EXPORT CONTROL ACT INCREASE FOR DIRECT
COMMERCIAL CONTRACTS AUTHORITY.
Section 23(h) of the Arms Export Control Act (22 U.S.C.
2763(h)) is amended by striking ``$100,000,000'' and
inserting ``$300,000,000''.
SEC. 8606. SUNSETTING THE 180-DAY COVID OBLIGATION AND
EXPENDITURE REPORTS.
Section 406(b) of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-123) is
amended by striking ``until all funds have been expended''
and inserting ``through Fiscal Year 2026''.
SEC. 8607. CONGRESSIONAL DELEGATIONS.
Section 5172 of the Department of State Authorization Act
for Fiscal Year 2026 (division E of Public Law 119-60; 22
U.S.C. 2680 note) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Decisions Not to Support Travel.--
``(1) In general.--Any decision not to support
congressional travel shall rest exclusively with the Chief of
Mission of the relevant country or the Secretary of State and
may not be delegated to any other official.
``(2) Justification.--Not later than 5 days after a
decision not to support congressional travel, the deciding
official shall provide the head of the congressional
delegation with a specific written justification for such
decision.''.
SEC. 8608. MODIFICATION OF THE SPECIAL RULE FOR COUNTRIES
DOWNGRADED FROM AND REINSTATED TO THE TIER 2
WATCH LIST IN THE TRAFFICKING IN PERSONS
REPORT.
(a) Modification to Special Rule for Downgraded and
Reinstated Countries.--Section 110(b)(2)(F) of the
Trafficking Victims Protection Act of 2000 (division A of
Public Law 106-386; 22 U.S.C. 7107(b)(2)(F)) is amended--
(1) in the matter preceding clause (i), by striking ``the
special watch list'' and all that follows through ``the
country--'' and inserting ``the Tier 2 watch list described
in subparagraph (A) for more than 2 years immediately after
the country consecutively--'';
(2) in clause (i), in the matter preceding subclause (I),
by striking ``the special watch list described in
subparagraph (A)(iii)'' and inserting ``the Tier 2 watch list
described in subparagraph (A)''; and
(3) in clause (ii), by inserting ``in the year following
such waiver under subparagraph (D)(ii)'' before the period at
the end.
SEC. 8609. UNITED STATES SUPPORT TO UNITED NATIONS
PEACEKEEPING DUPLICATIVE REPORTING.
Section 4(d)(5)(B) of the United Nations Participation Act
of 1945 (22 U.S.C. 287b(d)(5)(B)), is hereby repealed.
SEC. 8610. RESTRICTIONS ON STINGER MISSILE TRANSFERS TO
BAHRAIN.
Section 581(b) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public Law
101-167), is amended--
(1) in the subsection heading, by striking ``Replacement'';
(2) in the matter preceding paragraph (1), by striking ``in
order to replace,'' and all that follows through ``or
otherwise destroyed'';
(3) in paragraph (1), by striking ``Replacement''; and
(4) in paragraph (2), by striking ``replacement''.
SEC. 8611. CHANGE TO THE MISSILE SANCTIONS LAWS STATUTORY
REFERENCES.
(a) Violations by United States Persons.--Section 11B(a) of
the Export Administration Act of 1979 (50 U.S.C. 4612(a)) is
amended--
(1) in paragraph (1)(A)(i), by striking ``section 5 or 6 of
this Act'' and inserting ``section 1753 of the Export
Controls Act of 2018 (50 U.S.C. 4813)''; and
(2) in paragraph (2), by striking ``section 11 of this
Act'' and inserting ``section 1754 of the Export Controls Act
of 2018 (50 U.S.C. 4819)''.
(b) Presumption That Item Is Designed for Use in a
Missile.--Section 73(f) of the Arms Export Control Act (22
U.S.C. 2797b(f)) is amended by striking ``for purposes of
4605(j)(1)(A) of title 50'' and inserting ``for purposes of
section 1754 of the Export Controls Act of 2018 (50 U.S.C.
4813(c)(1)(A))''.
SEC. 8612. CONGRESSIONAL NOTIFICATIONS UNDER THE ARMS EXPORT
CONTROL ACT.
(a) Dollar Amount Thresholds.--The Arms Export Control Act
(22 U.S.C. 2751 et seq.) is amended--
(1) in sections 3(d)(1), 3(d)(3)(A), 36(b)(1), 36(b)(5)(C),
36(c)(1), and 63(a)(1), by striking ``$14,000,000'' each
place it appears and inserting ``$25,000,000 (as adjusted
pursuant to section 48)'';
(2) in sections 3(d)(1), 3(d)(3)(A), 36(b)(1), 36(b)(5)(C),
36(c)(1), 47(6), 63(a)(1), and 71(d), by striking
``$50,000,000'' each place it appears and inserting
``$88,000,000 (as adjusted pursuant to section 48)'';
(3) in sections 3(d)(5)(A), 36(b)(6)(A), 36(c)(5)(A), and
63(a)(2)(A), by striking ``$25,000,000'' each place it
appears and inserting ``$44,000,000 (as adjusted pursuant to
section 48)'';
(4) in sections 3(d)(5)(B), 36(b)(6)(B), 36(c)(5)(B), and
63(a)(2)(B), by striking ``$100,000,000'' each place it
appears and inserting ``$175,000,000 (as adjusted pursuant to
section 48)'';
(5) in section 25(a)(1)--
(A) by striking ``$7,000,000'' and inserting ``$12,000,000
(as adjusted pursuant to section 48)''; and
(B) by striking ``25,000,000'' and inserting ``44,000,000
(as adjusted pursuant to section 48)'';
(6) in section 36(a)(10), by striking ``$250,000'' each
place it appears and inserting ``$440,000 (as adjusted
pursuant to section 48)'';
(7) in sections 36(b)(1), 36(b)(5)(C), and 47(6), by
striking ``$200,000,000'' each place it appears and inserting
``$350,000,000 (as adjusted pursuant to section 48)'';
(8) in section 36(b)(6)(C), by striking ``$300,000,000''
and inserting ``$526,000,000 (as adjusted pursuant to section
48)''; and
(9) by adding after section 47 the following:
``SEC. 48. ADJUSTMENTS FOR INFLATION.
``(a) In General.--On the date that is 3 years after the
date of the enactment of this section, and every 3 years
thereafter, the amounts specified in subsection (b) shall be
adjusted to reflect the percentage increase (if any) in
inflation, as reflected by the increase in the average of the
Consumer Price Index during the previous 3 years.
``(b) Amounts Specified.--The amounts specified in this
subsection are the dollar amounts in--
``(1) paragraphs (1), (3)(A), (5)(A), and (5)(B) of section
3(d);
``(2) section 25(a)(1);
``(3) subsections (a)(10), (b)(1), (b)(5)(C), (b)(6)(A),
(b)(6)(B), (b)(6)(C), (c)(1), (c)(5)(A), and (c)(5)(B) of
section 36;
``(4) section 47(6);
``(5) paragraphs (1), (2)(A), and (2)(B) of section 63(a);
and
``(6) section 71(d).
``(c) Defined Term.--In this section, the term `Consumer
Price Index' means the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.''.
(b) Information.--
(1) Foreign military sales.--Section 36(b)(1) of the Arms
Export Control Act (22 U.S.C. 2776(b)(1)) is amended, in the
matter preceding subparagraph (A), by inserting, after ``of
such technology.'', the following: ``Upon the initial
introduction of a new system or capability for the recipient
country, such numbered certification shall also contain,
submitted by the President, detailed information on how the
proposed sale contributes to the United States' foreign
policy objectives regarding that country and region, as well
as how those objectives are being implemented and measured by
the United States Mission in that country and the
Department's relevant regional and functional bureaus.''.
(2) Direct commercial sales.--Section 36(c)(1) of such Act
(22 U.S.C. 2776(c)(1)) is amended--
(A) by striking ``and (C) a description of the items to be
exported'' and inserting ``(C) a description of the items to
be exported, and (D) the timeline for delivery of the items
to be exported''; and
(B) by inserting, after ``such offset agreement.'', the
following: ``Upon the initial introduction of a new system or
capability for
[[Page S4051]]
the recipient country, such numbered certification shall also
contain, submitted by the President, detailed information on
how the proposed export contributes to the United States'
foreign policy objectives regarding that country and region,
as well as how those objectives are being implemented and
measured by the United States Mission in that country and the
Department's relevant regional and functional bureaus.''.
(c) Quarterly Briefings.--Section 36 of such Act (22 U.S.C.
2776) is amended by adding at the end the following:
``(j) Quarterly Briefings.--Not less frequently than
quarterly, the Secretary of State shall provide to the
Committee on Foreign Relations of the Senate an unclassified
briefing on the letters of offers to sell, and licenses to
export, defense articles or defense services under this Act
issued during the preceding quarter for which a certification
was not required to be submitted to Congress under subsection
(b) or (c).''.
SEC. 8613. REPORT ON CRITICAL LANGUAGE EXPERTISE.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) maintaining a robust cohort of Foreign Service officers
proficient in critical languages is vital to United States
national security; and
(2) the Department should take efforts to address
unnecessary delays in assigning Foreign Service officers who
possess the requisite language proficiencies to critical
United States missions.
(b) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees on current
expertise in critical languages at the Department.
(c) Elements.--The report required under subsection (a)
shall include the following elements:
(1) The number of speakers with Interagency Language
Roundtable proficiency of 2+/3 or above in the Foreign
Service and the Civil Service.
(2) A description of how the number of Department employees
with proficiency in critical languages has changed over the
most recent 5-year period.
(3) A summary of the Department's workforce incentives to
develop critical language training and expertise.
(4) An assessment of whether the Department's current
critical language capacity is sufficient to address the
Department's global workforce needs, including with regard to
strategic competition with the People's Republic of China.
(5) A description of any obstacles to assigning Department
employees who already possess the requisite foreign language
proficiency to critical United States missions, including the
People's Republic of China, in a timely manner.
(6) A description of the critical language activities
carried out by Foreign Service officers or Civil Service
officers compared to activities carried out by contracted
professional translators, including a justification for why
contracted translators are utilized for particular
activities.
SEC. 8614. USE OF ARTIFICIAL INTELLIGENCE TO MEET
CONGRESSIONAL REPORTING REQUIREMENTS.
(a) In General.--Every report the Department submits to the
appropriate congressional committees shall contain--
(1) a disclosure indicating whether artificial intelligence
tools were used to produce any part of the content of the
report transmitted; and
(2) a certification that the report was reviewed and
verified by a human user prior to submission.
SEC. 8615. MILLENNIUM CHALLENGE CORPORATION COMPACTS.
Section 609(j) of the Millennium Challenge Act of 2003 (22
U.S.C. 7708) is amended by adding the end the following new
subsection:
``(m) Other Matters.--Funds appropriated or otherwise made
available for a Compact under this section may only be
obligated if--
``(1) such Compact obligates, or contains a commitment to
obligate subject to the availability of appropriations and
the mutual agreement of the parties to the Compact to
proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact; and
``(2) the Chief Executive Officer consults with the
appropriate congressional committees at the commencement of
the implementation period of a Compact.''.
SEC. 8616. OFFICE OF THE INSPECTOR GENERAL FOR FOREIGN
ASSISTANCE.
(a) Purpose.--The purpose of this section is to provide for
the independent and objective conduct and supervision of
audits and investigations relating to the programs and
operations funded with amounts authorized to be appropriated
or otherwise made available for foreign assistance.
(b) Definitions.--In this section:
(1) Appropriate committees of congress .--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Foreign Affairs of the House of
Representatives; and
(F) the Committee on Oversight and Government Reform of the
House of Representatives.
(2) Foreign assistance.--The term ``foreign assistance''
means amounts authorized to be appropriated or otherwise made
available for any fiscal year for--
(A) programs currently or previously administered by the
United States Agency for International Development and
programs currently or previously administered by the
Millennium Challenge Corporation, the United States African
Development Foundation, or the Inter-American Foundation;
(B) programs funded with appropriations, other than
Department of Defense appropriations, for foreign assistance
programs administered pursuant to part I, chapters 1, 3, 8,
9, and 10 and part II, chapter 4 of the Foreign Assistance
Act (22 U.S.C. 2151 et seq., 2292 et seq., 2293 et seq., 2346
et seq.), sections 2(a) through (c) of the Migration and
Refugee Assistance Act of 1962 (22 U.S.C. 2601), the Food for
Peace Act (7 U.S.C. 1691 et seq.), the Millennium Challenge
Act of 2003 (22 U.S.C. 7701 et seq.), the United States
African Development Foundation Act (title V of Public Law 96-
533; 22 U.S.C. 290h et seq.), and the Food for Progress Act
of 1985 (7 U.S.C. 1736o), or successor legislation;
(C) any other non-military foreign assistance programs
including global health, development assistance,
international disaster assistance, food assistance and food
security, and economic support; and
(D) with regard to USAID, any other matter within the
preview of the Office of the Inspector General for USAID upon
the date of enactment of this Act.
(c) Office of the Inspector General for Foreign
Assistance.--The Office of the Inspector General for the
United States Agency for International Development is hereby
redesignated as the ``Office of the Inspector General for
Foreign Assistance''. The Office of the Inspector General for
Foreign Assistance shall carry out activities in accordance
with the purpose described in subsection (a).
(d) Amendments to Inspector General Act of 1978.--Chapter 4
of title 5, United States Code is amended--
(1) in section 401--
(A) in paragraph (1), by striking ``the Agency for
International Development,''; and
(B) in paragraph (3), by striking ``the Administrator of
the Agency for International Development,'';
(2) in section 402(a), by adding at the end the following:
``(3) Department of state.--In the establishment of the
Department of State, there is established--
``(A) an Office of Inspector General of the Department of
State; and
``(B) an Office of Inspector General for Foreign
Assistance.'';
(3) in section 406(f)(3), by striking ``Agency for
International Development,'';
(4) in section 409--
(A) in the section heading, by striking ``Agency for
International Development'' and inserting ``Inspector General
for Foreign Assistance'';
(B) by amending subsection (a) to read as follows:
``(a) Definition, Duties and Responsibilities of Inspector
General for Foreign Assistance.--The Inspector General for
Foreign Assistance shall exercise all duties and
responsibilities of an Inspector General of an establishment
with respect to any agency, with the exception of the
Department of Defense, on all matters relating to foreign
assistance including global health, development assistance,
international disaster assistance, food assistance and food
security, and economic support, including jurisdiction for--
``(1) all programs funded with appropriations, other than
Department of Defense appropriations, for foreign assistance
programs, other than Department of Defense programs, for
foreign assistance programs administered pursuant to part I,
chapters 1, 3, 8, 9, and 10 and part II, chapter 4 of the
Foreign Assistance Act (22 U.S.C. 2151 et seq., 2292 et seq.,
2293 et seq., 2346 et seq.), sections 2(a) through (c) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601), the Food for Peace Act (7 U.S.C. 1691 et seq.), the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.),
the United States African Development Foundation Act (title V
of Public Law 96-533; 22 U.S.C. 290h et seq.), and the Food
for Progress Act of 1985 (7 U.S.C. 1736o), or successor
legislation; and
``(2) programs currently or previously administered by the
United States Agency for International Development, and
programs currently or previously administered by the
Millennium Challenge Corporation, the United States African
Development Foundation, or the Inter-American Foundation.'';
(C) by redesignating subsections (b), (c), and (d) as
subsections (d), (e), and (f), respectively;
(D) by inserting after subsection (a) the following:
``(b) Coordination of Foreign Assistance Oversight.--The
Inspector General for Foreign Assistance shall conduct
audits, evaluations, inspections, and investigations by
coordinating with the Offices of Inspectors General of the
respective agencies responsible for--
``(1) all foreign assistance programs, other than
Department of Defense programs, administered pursuant to part
I, chapters 1, 3, 8, 9, and 10 and part II, chapter 4 of the
Foreign Assistance Act (22 U.S.C. 2151 et seq., 2292 et seq.,
2293 et seq., 2346 et seq.), the Food for Peace Act (7 U.S.C.
1691 et seq.), sections 2(a) through (c) of the Migration
[[Page S4052]]
and Refugee Assistance Act of 1962 (22 U.S.C. 2601), the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.),
the United States African Development Foundation Act (title V
of Public Law 96-533; 22 U.S.C. 290h et seq.), and the Food
for Progress Act of 1985 (7 U.S.C. 1736o), or successor
legislation; and
``(2) programs currently or previously administered by the
United States Agency for International Development, the
Millennium Challenge Corporation, the United States African
Development Foundation, or the Inter-American Foundation.
``(c) Assistance From Federal Agencies.--
``(1) In general.--Upon request of the Inspector General
for Foreign Assistance for information or assistance from any
department, agency, or other entity of the Federal
Government, with the exception of the Department of Defense,
the head of such entity shall, to the extent practicable and
not in contravention of any existing law, furnish such
information or assistance to the Inspector General, or an
authorized designee.
``(2) Reporting of refused assistance.--Whenever
information or assistance requested by the Inspector General
is, in the judgment of the Inspector General, unreasonably
refused or not provided, the Inspector General shall report
the circumstances to the Secretary of State and the head of
the entity concerned, as appropriate, and to the appropriate
committees of Congress (as defined in section 8616(b) of the
National Defense Authorization Act for Fiscal Year 2027)
without delay.'';
(E) in subsection (d), as redesignated, by striking ``of
the Agency for International Development'' and inserting
``for Foreign Assistance'';
(F) in subsection (e), as redesignated, by striking
``Administrator of the Agency for International Development''
and inserting ``Secretary of State''; and
(G) in subsection (f), as redesignated, by striking ``of
the Agency for International Development'' and inserting
``for Foreign Assistance''; and
(5) in section 419(c)(3), by striking ``of the United
States Agency for International Development'' and inserting
``for Foreign Assistance''.
(e) Availability of Previously Appropriated Funds.--Amounts
otherwise available to the Office of Inspector General for
the United States Agency for International Development shall
remain available for the Office of the Inspector General for
Foreign Assistance.
SEC. 8617. STRATEGY ON MARITIME ECONOMIC RESILIENCE.
Not later than 120 days after the enactment of this Act,
the Secretary shall submit to the appropriate congressional
committees a strategy on how United States economic
assistance and international diplomatic engagement can better
support maritime economies and exclusive economic zones. Such
strategy shall include--
(1) a study on the regulatory and commercial barriers that
hinder maritime economies;
(2) how the Department can improve interagency coordination
to support the growth of maritime economies;
(3) the role external influence and actors, including the
Russian Federation, the People's Republic of China, and the
Islamic Republic of Iran play in impacting maritime
economies;
(4) an analysis of regional efforts to strengthen maritime
economies and the role the United States can play in
supporting such cross-regional efforts;
(5) an assessment of beneficial training and exchange
programs that center on supporting coastal communities,
fisheries, ocean finance, industry expansion, and coastal and
marine tourism, offshore energy production and
transportation; and
(6) recommendations on--
(A) feasible programming that links commercial diplomacy
with maritime economic development and exclusive maritime
economic zones; and
(B) the role United States businesses can play in expanding
and supporting partner countries emerging markets related to
maritime economies.
(C) improving cooperation with allies on critical undersea
infrastructure protection.
SEC. 8618. MODERNIZATION OF INTERNATIONAL AGREEMENTS RELATED
TO CRITICAL UNDERSEA INFRASTRUCTURE.
(a) Diplomatic Engagement Required.--Not later than 180
days after the date of the enactment of this Act, the
Secretary, in consultation with the heads of relevant Federal
departments and agencies, shall submit to the appropriate
committees of Congress a report containing--
(1) the findings of a review of international agreements
relating to critical undersea infrastructure, including the
Convention for the Protection of Submarine Telegraph Cables
of 1884 (referred to in this section as the ``1884
Convention''); and
(2) a plan to modernize the agreements referred to in
paragraph (1), if applicable, or pursue new or additional
bilateral or multinational agreements to address gaps or
ambiguities in the legal protections applicable to the
installation, operation, or protection of critical undersea
infrastructure.
(b) Consultation With Congress.--In conducting the review
required under subsection (a)(1), the Secretary shall consult
with the appropriate congressional committees.
(c) Engagement With International Stakeholders.--In
conducting the review required under subsection (a)(1), the
Secretary shall seek to engage, as appropriate, other
relevant international stakeholders to support negotiation of
agreements described in subsection (a)(2).
(d) Coordination With Industry.--The Secretary shall
consult with private owners and operators of critical
undersea infrastructure, as appropriate, in conducting the
review required under subsection (a)(1).
(e) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the date
that is 5 years after the date of the enactment of this Act,
the Secretary shall submit a report to the appropriate
committees of Congress describing--
(1) the status of diplomatic efforts undertaken pursuant to
subsection (a);
(2) the positions of other parties to the 1884 Convention
and key non-party states with respect to modernization,
including any diplomatic efforts to encourage additional
countries to become signatories to the 1884 Convention,
pending the review required under subsection (a)(1); and
(3) any obstacles to concluding a successor agreement or
protocol and proposed measures to address those obstacles.
(f) Form.--The reports required under subsections (a) and
(e) shall be submitted in unclassified form, but may include
a classified annex.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(2) Critical undersea infrastructure.--The term ``critical
undersea infrastructure'' means subsea communications
infrastructure and subsea energy infrastructure.
(3) Relevant federal departments and agencies.--The term
``relevant Federal departments and agencies'' means--
(A) the Federal Communications Commission;
(B) the National Telecommunications and Information
Administration;
(C) the National Oceanic and Atmospheric Administration;
(D) the Maritime Administration;
(E) the Pipeline and Hazardous Materials Safety
Administration;
(F) the United States Coast Guard; and
(G) any other Federal department or agency designated by
the Secretary.
(4) Subsea communications infrastructure.--The term
``subsea communications infrastructure'' has the meaning
given the term ``submarine cable system'' in section
1.70001(h) of title 47, Code of Federal Regulations, and any
subsequent update to such definition.
(5) Subsea energy infrastructure.--The term ``subsea energy
infrastructure'' means--
(A) subsea cables, pipelines, and other equipment installed
on, beneath, or within the seabed for the purpose of--
(i) transmitting electricity, including via subsea
electricity cables, subsea electricity transformers, or
equipment related to the support of offshore energy
production installations; or
(ii) transporting natural gas, oil, or hydrogen between
land-based or off-shore infrastructure; and
(B) landing stations and facilities associated with the
infrastructure described in clauses (i) or (ii) of
subparagraph (A).
SEC. 8619. EMBASSY EVACUATION AND NOTIFICATION PLANNING.
(a) Methodology to Capture Lessons Learned From Prior
Embassy Evacuations.--The Secretary shall develop a formal,
systematic methodology to capture lessons learned from prior
embassy evacuations.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives the
methodology to capture lessons learned from prior embassy
evacuations.
SEC. 8620. YOUNG AFRICAN LEADERS INITIATIVE.
(a) Short Titles.--This section may be cited as the ``Young
African Leaders Initiative Act of 2026'' or the ``YALI Act of
2026''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Young African Leaders Initiative, launched in 2010,
is a signature effort to invest in the next generation of
African leaders;
(2) Africa is a continent of strategic importance and it is
vital for the United States to support strong and enduring
partnerships with the next generation of African leaders;
(3) the United States Government should prioritize
investments to build the capacity of emerging young African
leaders in sub-Saharan Africa, including through efforts
that--
(A) enhance leadership skills;
(B) encourage entrepreneurship;
(C) strengthen public administration and the role of civil
society; and
(D) connect young African leaders continentally and
globally across the private, civic, and public sectors; and
[[Page S4053]]
(4) youth in Africa have a positive impact on efforts to
foster economic growth, improve public sector transparency
and governance, and counter extremism and should be an area
of focus for United States outreach on the African continent.
(c) Young African Leaders Initiative.--
(1) In general.--There is established the Young African
Leaders Initiative (referred to in this section as ``YALI''),
which shall be carried out by the Secretary.
(2) Purpose.--YALI shall seek to build the capacity of
young African leaders in sub-Saharan Africa in the areas of
business, civic engagement, or public administration,
including through efforts that--
(A) support young African leaders by offering professional
development, training, and networking opportunities,
particularly in the areas of leadership, innovation, civic
engagement, elections, internationally recognized human
rights, entrepreneurship, good governance, peace and
security, and public administration; and
(B) build relationships with African leaders to promote
economic growth, strengthen ties between United States and
African businesses, build resilience to predatory lending
practices, and improve capacity in key economic areas such as
tendering, bidding, and contract negotiations, budget
management and oversight, anti-corruption, and establishment
of clear policy and regulatory practices.
(3) Fellowships.--
(A) In general.--YALI shall support the participation in
the United States in the Mandela Washington Fellowship for
Young African Leaders of fellows from Africa who--
(i) are between 21 and 35 years of age;
(ii) have demonstrated strong capabilities in
entrepreneurship, innovation, public service, and leadership;
and
(iii) have had a positive impact in their communities,
organizations, or institutions.
(B) Oversight.--The fellowships described in subparagraph
(A) shall be overseen by the Secretary through the Bureau of
Educational and Cultural Affairs.
(C) Eligibility.--The Secretary shall establish and
publish--
(i) eligibility criteria for participation as a fellow
under subparagraph (A); and
(ii) criteria for determining which eligible applicants
will be selected.
(4) Reciprocal exchanges.--Subject to the approval of the
Secretary, United States citizens may--
(A) engage in reciprocal exchanges in connection with
alumni of the fellowship described in paragraph (3); and
(B) collaborate on projects with such fellowship alumni.
(5) Activities.--
(A) United states-based activities.--The Secretary, in
coordination with the heads of relevant Federal departments
and agencies, shall oversee all United States-based
activities carried out under YALI, including--
(i) the participation of Mandela Washington Fellows in a 6-
week Leadership Institute at a United States educational
institution in business, civic engagement, or public
management, including academic sessions, site visits,
professional networking opportunities, leadership training,
community service, and organized cultural activities; and
(ii) the participation by Mandela Washington fellows in an
annual Mandela Washington Fellowship Summit, to provide such
Fellows the opportunity to meet with United States leaders
from the private, public, and nonprofit sectors.
(B) Implementation.--The Secretary, in coordination with
the heads of other relevant Federal departments and agencies,
shall carry out this subsection by seeking to partner with
the private sector--
(i) to pursue public-private partnerships;
(ii) to leverage private sector expertise;
(iii) to expand networking opportunities; and
(iv) to identify funding and fellowship opportunities for
YALI.
(6) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary, in
coordination with the heads of other relevant Federal
departments and agencies, shall submit a plan to the
appropriate congressional committees for implementing YALI,
including--
(A) a description of clearly defined program goals,
targets, and planned outcomes for each year and for the
duration of implementation of the program;
(B) a strategy to monitor and evaluate the program and
progress made toward achieving such goals, targets, and
planned outcomes; and
(C) a strategy to ensure the program is promoting United
States foreign policy goals in Africa, including ensuring
that the program is clearly branded, paired with robust
public diplomacy efforts, and incorporates participants from
a variety of countries, including communities in Africa
facing economic distress, civil conflict, persecution, and
other challenges.
(7) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 4 years, the Secretary shall submit to the
appropriate congressional committees, and publish in a
publicly accessible, internet-based form, a report that
includes--
(A) a description of the progress made toward achieving the
goals, targets, and planned outcomes referred to in paragraph
(6)(A), including an overview of the program implemented in
the previous year and an estimated number of beneficiaries;
(B) an assessment of how YALI is contributing to and
promoting United States-Africa relations, particularly in
areas of increased private sector investment, trade
promotion, support to civil society, improved public
administration, promoting peace and security, and fostering
entrepreneurship and youth empowerment; and
(C) recommendations for improvements or changes to YALI and
the implementation plan, if any, that would improve their
effectiveness during subsequent years of YALI's
implementation.
(8) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(d) Sunset.--The requirements set forth in paragraphs (6)
and (7) of subsections (c) shall cease to have any force or
effect beginning on the date that is 5 years after the date
of the enactment of this Act.
TITLE VII--OTHER MATTERS
Subtitle A--SHADOW Fleet Sanctions Act of 2026
SEC. 8700. SHORT TITLES.
This subtitle may be cited as the ``Sanctioning Harborers
And Dodgers Of Western Sanctions Act of 2026'' or the
``SHADOW Fleet Act of 2026''.
CHAPTER 1--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
SEC. 8701. DEFINITIONS.
In this chapter:
(1) Adequate maritime insurance.--
(A) In general.--The term ``adequate maritime insurance''
means--
(i) verified documentation evidencing protection and
indemnity insurance, cargo insurance, and hull and machinery
insurance, with audited financial statements of the insurer;
(ii) records demonstrating compliance with relevant
statutes and regulations regarding the insured subject
matter; and
(iii) a commitment to provide, upon reasonable request,
evidence needed by the insurer, reinsurer, or broker to
satisfy themselves or any regulator of such compliance.
(B) Exclusion.--The term ``adequate maritime insurance''
does not include insurance provided by an insurer that--
(i) is organized under the laws of the Russian Federation;
and
(ii) continues to provide coverage to any vessel designated
for the imposition of sanctions under the laws of the United
States, the European Union, or the United Kingdom without a
specific waiver of or exception to the application of such
sanctions.
(2) Admitted; alien; lawfully admitted for permanent
residence.--The terms ``admitted'', ``alien'', and ``lawfully
admitted for permanent residence'' have the meanings given
those terms in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(4) Beneficial owner.--The term ``beneficial owner'' means,
with respect to a vessel, any individual who, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise--
(A) exercises substantial control over the vessel; or
(B) owns not less than 25 percent of the vessel.
(5) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(6) Foreign vessel.--The term ``foreign vessel'' means a
vessel that is not a vessel of the United States (as defined
in section 116 of title 46, United States Code).
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Petroleum product.--The term ``petroleum product''
means oil of any kind or in any form, crude oil, gasoline,
diesel fuel, aviation fuel, fuel oil, kerosene, any product
obtained from refining or processing of crude oil, liquefied
petroleum gases, natural gas liquids, petrochemical
feedstocks, condensate, waste or refuse mixtures containing
any of such oil products, and any other liquid hydrocarbon
compounds.
(9) Russian-origin petroleum product.--The term ``Russian-
origin petroleum product'' means a petroleum product
extracted, refined, processed, or otherwise produced in the
Russian Federation.
(10) Russian person.--The term ``Russian person'' means--
(A) a citizen or national of the Russian Federation; or
(B) an entity organized under the laws of the Russian
Federation or otherwise subject to the jurisdiction of the
Government of the Russian Federation.
(11) Russian shadow fleet.--The term ``Russian shadow
fleet'' means any foreign vessel or vessels used or directed
by or on behalf of the Russian Federation to transport
[[Page S4054]]
Russian-origin petroleum products in circumvention of
sanctions imposed with respect to the Russian Federation by
the United States, the United Kingdom, the European Union, or
other countries.
(12) Sabotage activities.--The term ``sabotage activities''
means actions, or preparations for actions, taken with the
intent to cause defective production, operation, or damage to
critical undersea infrastructure, including energy pipelines,
offshore energy facilities, or subsea power lines and
telecommunications cables and associated landing stations and
facilities.
(13) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) a person in the United States.
Subchapter A--Sanctions With Respect to Russian Shadow Fleet
PART I--IMPOSITION OF SANCTIONS
SEC. 8702. IMPOSITION OF SANCTIONS WITH RESPECT TO VESSELS
SUSPECTED OF PARTICIPATION IN OR SUPPORT OF THE
RUSSIAN SHADOW FLEET.
(a) In General.--Beginning on the date of the enactment of
this Act, the President may impose the sanctions described in
section 8709 with respect to any Russian shadow fleet vessel
that, on or after the date of the enactment of this Act,
transports Russian-origin petroleum or petroleum products in
circumvention of sanctions imposed with respect to the
Russian Federation by the United States, the United Kingdom,
the European Union, or other countries, including--
(1) any Russian shadow fleet vessel the owner or operator
of which knowingly--
(A) exhibits or engages in unsafe or nonstandard maritime
behavior in furtherance of the transportation of Russian-
origin petroleum products that originated in the Russian
Federation; or
(B) lacks adequate maritime insurance for the transport of
goods described in subparagraph (A);
(2) any foreign person that the President determines
knowingly--
(A) owns, operates, or manages a vessel described in
paragraph (1);
(B) provides underwriting services or insurance or
reinsurance necessary for such a vessel after sanctions are
imposed with respect to the vessel;
(C) facilitates deceptive or structured transactions to
support a vessel described in paragraph (1);
(D) provides services or facilities for technology upgrades
or installation of equipment for, or retrofitting or
tethering of, a vessel described in paragraph (1) for the
purpose of evading sanctions;
(E) provides services for the testing, inspection, or
certification for a vessel described in paragraph (1) for the
purpose of evading sanctions;
(F) serves as a master of such a vessel; or
(G) transfers or leases to the Russian Federation, or
otherwise makes available for use involving any sanctioned
Russian entity, any foreign vessel designed to transport
petroleum products, including liquified natural gas.
(b) Vessels Subject to Sanctions by the United Kingdom or
the European Union.--Beginning on the date of the enactment
of this Act, the President may impose the sanctions described
in section 8709 with respect to any vessel that, on or after
such date of enactment, is--
(1) subject to sanctions with respect to the Russian
Federation imposed by the United Kingdom, the European Union,
the Group of 7, or a member of the Five Eyes intelligence
alliance; or
(2) owned or operated by a person subject to such
sanctions.
(c) Indicators of Unsafe or Nonstandard Maritime
Behavior.--In determining under subsection (a)(1)(A) if a
vessel is exhibiting or engaged in unsafe or nonstandard
maritime behavior, the President may use as prima facie
evidence that the vessel is exhibiting or engaged in such
behavior if the vessel has exhibited 3 or more indicators of
such behavior, including the following:
(1) Has refused to take on a pilot in accordance with best
practices of the International Maritime Organization.
(2) Does not respond when hailed by appropriate maritime
authority.
(3) Turns off the Automatic Identification System of the
vessel without explanation or report to the appropriate
maritime authority within a reasonable period of time.
(4) Engages in unsafe maritime maneuvers with another
vessel.
(5) Is uninsured or underinsured, including any vessel that
is insured by an insurance company organized under the laws
of the Russian Federation or the Islamic Republic of Iran.
(6) Is single-hulled contrary to standards of the
International Maritime Organization.
(7) Has changed ownership or flag registry more than once
in the previous year.
(8) Has a history of deliberately losing power or turning
off transmitters without a compelling security need.
(9) Has not been properly maintained, based on credible
evidence.
(10) Has been involved in a recent maritime or
environmental incident.
(11) Is escorted by the military of the Russian Federation.
(12) Has engaged in sabotage activities.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report that describes any sanctions imposed
under this section, including a brief description of each
foreign person and foreign vessel with respect to which
sanctions are imposed and the justification for such
sanctions.
SEC. 8702A. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
PERSONS THAT SUPPORT RUSSIAN ILLICIT SHIPPING
WITH VESSELS SUBJECT TO UNITED STATES
SANCTIONS.
(a) In General.--Beginning on the date of the enactment of
this Act, the President may impose the sanctions described in
section 8709 with respect to a foreign person if the
President determines that the foreign person, on or after the
date of the enactment of this Act, has engaged in a
transaction described in subsection (b) with a Russian shadow
fleet vessel that is subject to sanctions imposed by the
United States.
(b) Transactions Described.--A transaction described in
this subsection is any of the following:
(1) The conduct of any ship-to-ship transfer involving
Russian-origin petroleum products with a Russian shadow fleet
vessel.
(2) The provision of significant goods or services in
support of a Russian shadow fleet vessel with the knowledge
that the vessel is subject to sanctions imposed by the United
States, unless such goods or services are provided to respond
to an emergency.
(3) In the case of the owner or operator of a foreign port,
allowing a Russian shadow fleet vessel to port or otherwise
receive services at the foreign port, unless that vessel
needs to port or receive services as a result of an
emergency.
(4) In the case of a foreign person that is the owner or
operator of a refinery, knowingly engaging in a transaction
to process, refine, or otherwise deal in any Russian
Federation-origin petroleum products that were transported on
a Russian shadow fleet vessel.
SEC. 8702B. IMPOSITION OF SANCTIONS WITH RESPECT TO PORT
TERMINALS ACCEPTING OIL FROM RUSSIAN SHADOW
FLEET VESSELS.
Beginning on the date that is 15 days after the date of the
enactment of this Act, the President may impose the sanctions
described in section 8709 with respect to any foreign person
that owns or operates a port in the People's Republic of
China or the Republic of India that accepts oil from foreign
vessels with respect to which the United States has imposed
sanctions.
PART II--DISCLOSURES, PUBLICATIONS, AND REPORTS
SEC. 8703. ALIGNMENT OF DESIGNATION AUTHORITIES WITH EUROPEAN
UNION AND UNITED KINGDOM REGARDING RUSSIAN
SHADOW FLEET.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary, through the head of the Office of Sanctions
Coordination and in coordination with the Secretary of the
Treasury and the Director of the Office of Foreign Assets
Control of the Department of the Treasury, shall submit to
the appropriate congressional committees a report that
includes a list of each foreign vessel subject to sanctions
imposed by the European Union or the United Kingdom that is
determined to operate as part of the Russian shadow fleet.
(2) Justification.--For any vessel listed in a report under
paragraph (1) that is not subject to sanctions imposed by the
United States, the report shall include the justification
provided by the European Union or the United Kingdom, as the
case may be, for designation of the vessel (if that
justification is available to the public) and a brief
justification of the reason provided by the European Union or
the United Kingdom.
(b) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, through the head of
the Office of Sanctions Coordination and in coordination with
the Secretary of the Treasury and the Director of the Office
of Foreign Assets Control, shall produce a strategy for
enhancing alignment of sanctions designation authorities of
the United States regarding vessels supporting the Russian
shadow fleet with those authorities of the European Union and
the United Kingdom.
SEC. 8703A. SUPPORT OF EFFORTS OF THE JOINT EXPEDITIONARY
FORCE.
(a) Sense of Congress.--It is the sense of Congress that
the United States supports the efforts of the Joint
Expeditionary Force to track, monitor, deter, and if
necessary, respond to operations and illicit activities of
the Russian shadow fleet.
(b) Statement of Policy.--It shall be the policy of the
United States to use relevant maritime elements of the United
States Government to support and amplify the authorized
efforts of the Joint Expeditionary Force.
PART III--FLAG STATE REQUIREMENTS AND STRATEGY
SEC. 8704. MINIMUM STANDARDS FOR OPERATING AS A FLAG STATE
REGISTRY AND ASSESSMENT OF EFFORTS TO PREVENT
THE CIRCUMVENTION OF SANCTIONS AND OTHER
CRIMES.
It is the policy of the United States that the government
of a country is complying with the minimum standards required
by the United States for maintaining an open flag registry
if, on balance, the government--
(1) has enacted and implemented laws and established
government structures, policies,
[[Page S4055]]
and practices that prohibit and generally deter the use of
its flag registry as a mechanism to circumvent sanctions
imposed by the United States, the United Kingdom, the
European Union, or other Group of 7 countries, including
prohibiting its flag to continue to fly on vessels that are
subject to sanctions imposed by any such country or
jurisdiction;
(2) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
and generally deter the use of its flag registry to avoid
detection of illicit activities, including drug trafficking,
illicit arms shipments, human trafficking, and illegal,
unreported, and unregulated fishing activities;
(3) enforces the laws described in paragraphs (1) and (2)
by punishing any person found, through a fair judicial
process, to have violated those laws;
(4) takes steps to ensure ships flying its flag comply with
well-established industry standards and best practices
relating to maritime activities, including adhering to
resolutions and warnings promulgated by the International
Maritime Organization, such as Resolution A.1192(33)
(December 6, 2023) relating to urging member states and all
relevant stakeholders to promote actions to prevent illegal
operations in the maritime sector by the ``dark fleet'' or
``shadow fleet'';
(5) responds to credible reports from other countries and
private entities warning of vessels flying its flag engaging
in maritime behavior that poses safety risks, such as not
allowing pilot access or turning off Automatic Identification
Systems without adequate justification;
(6) takes steps to ensure vessels flying its flag adhere to
measures that lawfully prohibit and regulate ship-to-ship
transfers of oil or petroleum products subject to sanctions;
(7) takes steps to ensure vessels flying its flag possess
adequate and credible insurance to cover the costs of
maritime accidents;
(8) takes steps to ensure vessels are operating under
transparent ownership structures, including by verifying the
beneficial ownership and management of vessels; and
(9) takes steps to ensure vessels do not avoid flag state
or port state control inspections or avoid commercial
screenings and inspections.
SEC. 8704A. STRATEGY FOR COUNTRIES THAT DO NOT MAKE
SUFFICIENT EFFORTS TO COMPLY WITH MINIMUM
STANDARDS FOR OPERATING AS A FLAG STATE.
Not later than one year after the date of the enactment of
this Act, and annually thereafter through 2030, the
Secretary, in consultation with the heads of appropriate
Federal agencies, shall--
(1) conduct an assessment of countries that do not meet the
minimum standards for operating as a flag state registry in
compliance with United States policy, including the standards
described in section 8704; and
(2) submit to the appropriate congressional committees a
strategy for identifying and engaging with those countries.
PART IV--OTHER MATTERS
SEC. 8705. INTERNATIONAL EFFORTS TO IDENTIFY VESSELS
TRANSPORTING RUSSIAN-ORIGIN OIL.
It shall be the policy of the United States--
(1) to fully promote the recommendations made by Resolution
A.1192(33) of the International Maritime Organization,
adopted on December 6, 2023;
(2) to use the voice and vote of the United States in
international organizations and engage other relevant
multilateral bodies, such as the North Atlantic Treaty
Organization and the European Union, to strongly encourage
the governments of all countries to adopt those
recommendations, including the recommendation that a port
state, when the state becomes aware of a vessel intentionally
taking measures to avoid detection, such as switching off its
Automatic Identification System or long-range identification
and tracking system transmissions or concealing its actual
identity, should, following an initial investigation to
verify that the vessel has not stopped transmitting signals
for legitimate reasons--
(A) subject the vessel to enhanced inspections as
authorized through relevant mechanisms of the port state; and
(B) notify the flag administration of the vessel, as
appropriate; and
(3) to encourage governments of all countries to deny
access to ports and services for any vessel that, following
an initial investigation, is found to have turned off its
transponder or entered false information for the purpose of
conducting a transfer of or transaction for crude oil of
Russian Federation origin or refined petroleum products made
from such oil.
Subchapter B--Sanctions With Respect to Russian-origin Energy Products
SEC. 8706. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
WITH CERTAIN INTERESTS IN RUSSIAN ENERGY
PROJECTS.
(a) In General.--Beginning on the date of the enactment of
this Act, the President may impose the sanctions described in
section 8709 with respect to any foreign person the President
determines is, on or after such date of enactment, a leader,
official, senior executive officer, or member of the board of
directors of, or principal shareholder with a controlling or
majority interest in, any of the following Russian energy
projects:
(1) The Yamal Liquified Natural Gas Project or a successor
project.
(2) The Arctic 1, 2, and 3 Liquified Natural Gas Projects
or a successor project.
(3) Any project in the Arctic region or the Russian Far
East carried out after the date of the enactment of this Act.
(b) Sense of Congress.--It is the sense of Congress that--
(1) countries that rely on Russian energy projects,
including Sakhalin-1 and Sakhalin-2, TurkStream 1 and 2, and
the Druzhba pipeline, should work to expeditiously end their
dependence on such projects and diversify their sources of
energy to exports from other countries, including the United
States; and
(2) the European Union should remain committed to firm
deadlines set forth in the RePowerEU Roadmap for the phasing
out of energy exported from the Russian Federation.
SEC. 8706A. STRATEGY TO COUNTER ROLE OF THE PEOPLE'S REPUBLIC
OF CHINA IN EVASION OF SANCTIONS WITH RESPECT
TO RUSSIAN-ORIGIN PETROLEUM PRODUCTS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary, in consultation
with the heads of other appropriate Federal agencies, shall
submit to the appropriate congressional committees a written
strategy, and provide to those committees an accompanying
briefing, on the role of the People's Republic of China in
evasion of sanctions imposed by the United States with
respect to Russian-origin petroleum products that includes an
assessment of options--
(1) to strengthen the enforcement of such sanctions; and
(2) to expand sanctions designations targeting the
involvement of the People's Republic of China in the
production, transportation, storage, refining, and sale of
Russian-origin petroleum products.
(b) Elements.--The strategy required by subsection (a)
shall include--
(1) a description and assessment of the use of sanctions in
effect before the date of the enactment of this Act to target
individuals and entities of the People's Republic of China
that are directly or indirectly associated with smuggling of
Russian-origin petroleum products;
(2) an assessment of--
(A) Russian-owned entities operating in the People's
Republic of China and involved in petroleum refining supply
chains;
(B) the People's Republic of China's role in Russian
petroleum refining supply chains;
(C) how the People's Republic of China leverages its role
in Russian petroleum supply chains to achieve political
objectives; and
(D) what percent of the energy consumption of the People's
Republic of China is linked to imported Russian-origin
petroleum products;
(3) a detailed plan for--
(A) monitoring the maritime domain for sanctionable
activity related to the transportation of Russian-origin
petroleum products;
(B) identifying the individuals, entities, and vessels
engaging in sanctionable activity related to Russian-origin
petroleum products, including--
(i) vessels--
(I) transporting petrochemicals of Russian Federation
origin;
(II) conducting ship-to-ship transfers of such
petrochemicals;
(III) with deactivated automatic identification systems; or
(IV) that engage in ``flag hopping'' by frequently changing
national registries;
(ii) individuals or entities--
(I) storing petrochemicals subject to sanctions; or
(II) refining or otherwise processing such petrochemicals;
and
(iii) through the use of port entry and docking permission
of vessels subject to sanctions;
(C) deterring individuals and entities from violating
sanctions by educating and engaging--
(i) insurance providers;
(ii) parent companies; and
(iii) vessel operators;
(D) collaborating with allies and partners of the United
States engaged in the Northern Europe, including through
standing or new maritime task forces, to build sanctions
enforcement capacity through assistance and training to
defense and law enforcement services; and
(E) using public communications and global diplomatic
engagements to highlight the role of smuggling of Russian-
origin petroleum products in bolstering the Russian
Federation's war efforts in Ukraine and support for other
malign activity; and
(4) an assessment of--
(A) the total number of vessels transporting Russian-origin
petroleum products;
(B) the total number of vessels smuggling such products
destined for the People's Republic of China;
(C) interference by the People's Republic of China with
attempts by the United States, the United Kingdom, or the
European Union to investigate or enforce sanctions with
respect to Russian-origin petroleum products;
(D) the effectiveness of the use of sanctions with respect
to insurers of entities that own or operate vessels involved
in transporting Russian-origin petroleum products;
(E) the personnel and resources needed to enforce sanctions
with respect to Russian-origin petroleum products; and
(F) the impact of smuggled Russian-origin petroleum
products on global energy markets.
[[Page S4056]]
(c) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form but may include a classified
index.
Subchapter C--Sanctions With Respect to Russian Defense Industrial Base
SEC. 8707. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
THAT SELL, LEASE, OR PROVIDE GOODS OR SERVICES
RELATING TO THE DEFENSE INDUSTRIAL BASE OF THE
RUSSIAN FEDERATION.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, and every 90 days thereafter,
the Secretary, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report that identifies, for the period covered
by the report each foreign person that the Secretary, in
consultation with the Secretary of the Treasury and the
Secretary of Commerce, determines has knowingly--
(1) sold, leased, provided, or facilitated selling,
leasing, or providing goods or services relating to the
defense industrial base of the Russian Federation,
including--
(A) computer numerical control (CNC) tools and associated
machinery, software, and maintenance or upgrade services;
(B) lubricant additives;
(C) semiconductors and associated manufacturing equipment;
(D) items on the Common High Priority Items List maintained
by the Bureau of Industry and Security of the Department of
Commerce;
(E) nitrocellulose, wood cellulose, and associated
additives and components necessary for the production of
propellant or energetics for munitions;
(F) fiber optic cables with military applications and
associated technologies needed to manufacture such cables;
(G) advanced sensors; and
(H) any additional items identified by the Secretary, in
consultation with the Secretary of Commerce, that are
critical to the defense industrial base of the Russian
Federation; or
(2) facilitated deceptive or structured transactions to
provide the goods and services described by paragraph (1).
(b) Ineligibility for Visas, Admission, or Parole of
Identified Persons and Corporate Officers.--
(1) In general.--
(A) Visas, admission, or parole.--An alien described in
paragraph (2) shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
an alien described in paragraph (2) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the possession of the alien.
(2) Aliens described.--An alien described in this paragraph
is an alien who is--
(A) identified in a report required by subsection (a);
(B) a corporate officer of a foreign entity identified in
that report; or
(C) a principal shareholder with a controlling interest in
a foreign entity described in subparagraph (A).
(c) Blocking of Property of Identified Persons.--The
President may exercise all powers granted to the President by
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and prohibit
all transactions in all property and interests in property of
any person identified in a report required by subsection (a)
if such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(d) Wind-down Period.--The President may not impose
sanctions under this section with respect to a person
identified in the first report submitted pursuant to
subsection (a) if the President certifies in such report that
the person has, not later than 30 days after the date of the
enactment of this Act, engaged in good faith efforts to wind
down operations that would otherwise subject the person to
the imposition of sanctions under this section.
Subchapter D--Modifications of Protecting Europe's Energy Security Act
of 2019
SEC. 8708. MODIFICATIONS OF PROTECTING EUROPE'S ENERGY
SECURITY ACT OF 2019.
Section 7503 of the Protecting Europe's Energy Security Act
of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526
note) is amended--
(1) in subsection (a)(1)(B)(v), by striking ``the Nord
Stream 2 pipeline'' and inserting ``the Nord Stream 1
pipeline, the Nord Stream 2 pipeline, or a successor to
either such pipeline'';
(2) in subsection (e)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively;
(3) by amending subsection (f) to read as follows:
``(f) National Security Waiver.--
``(1) In general.--The President may waive the application
of sanctions under this section if--
``(A) the President--
``(i) determines such a waiver is in the national security
interests of the United States; and
``(ii) not later than 30 days before the waiver takes
effect, submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver; and
``(B) a joint resolution prohibiting the waiver is not
enacted into law during the 30-day period described in
subparagraph (A)(ii).
``(2) Consideration of joint resolutions.--
``(A) In general.--A joint resolution described in
paragraph (1)(B) introduced in either House of Congress shall
be considered in accordance with the provisions of section
601(b) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765),
except that the resolution shall be subject to germane
amendments.
``(B) Consideration of veto messages.--If joint resolution
described in paragraph (1)(B) is vetoed by the President, the
time for debate in consideration of the veto message on the
resolution shall--
``(i) in the Senate, be limited to 20 hours; and
``(ii) in the House of Representatives, be determined in
accordance with the Rules of the House.''; and
(4) in subsection (h)--
(A) by striking paragraph (2);
(B) by striking ``terminate'' and all that follows through
``the date on which'' and inserting ``terminate on the date
on which'';
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and by moving such
paragraphs, as so redesignated, 2 ems to the left; and
(D) in paragraph (2), as redesignated, by striking ``; or''
and inserting a period.
Subchapter E--General Provisions
SEC. 8709. SANCTIONS DESCRIBED.
The sanctions described in this section that may be imposed
with respect to a foreign person are the following:
(1) Blocking of property.--The President may exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in property and interests in property of the
foreign person if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--A foreign person that is
an alien is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--A foreign person that is an alien is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i) shall
take effect immediately and automatically cancel any other
valid visa or entry documentation that is in the alien's
possession.
SEC. 8709A. EXCEPTIONS; WAIVERS.
(a) Exceptions.--
(1) Exception to comply with united nations headquarters
agreement and law enforcement activities.--Sanctions under
this chapter shall not apply with respect to the admission of
an alien to the United States if admitting or paroling the
alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations of the
United States; or
(B) to carry out or assist authorized law enforcement
activity in the United States.
(2) Exception to comply with intelligence activities.--
Sanctions under this chapter shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any
authorized intelligence activities of the United States.
(3) Humanitarian assistance.--
(A) In general.--Sanctions under this chapter shall not
apply to--
(i) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, humanitarian assistance, or for humanitarian
purposes; or
(ii) transactions that are necessary for or related to the
activities described in clause (i).
(B) Definitions.--In this paragraph:
(i) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(ii) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
[[Page S4057]]
(iii) Medicine.--The term ``medicine'' has the meaning
given the term ``drug'' in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
(4) Exception for safety of vessels and crew and
decommissioning or demolition of vessels.--Sanctions under
this chapter shall not apply with respect to--
(A) a person providing provisions to a vessel otherwise
subject to sanctions under this chapter if the provisions are
intended for--
(i) the safety and care of the crew aboard the vessel;
(ii) the protection of human life aboard the vessel; or
(iii) the maintenance of the vessel to avoid any
environmental or other significant damage; or
(B) a person providing services to a vessel otherwise
subject to sanctions under this chapter if--
(i) the vessel fails to meet international maritime vessel
safety standards; and
(ii) the services are necessary to ensure the safe
decommissioning or destruction of the vessel.
(5) Annual report.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report that describes each activity that would
be sanctionable under this chapter if not covered by an
exception under this subsection.
(b) Waiver.--
(1) In general.--The President may, on a case-by-case basis
and for periods not to exceed 180 days each, waive the
application of sanctions imposed with respect to a foreign
vessel or a foreign person under this chapter if the
President certifies to the appropriate congressional
committees, not later than 15 days after such waiver is to
take effect, that the waiver is in the national security
interests of the United States.
(2) Certification.--The President shall not be required to
impose sanctions under this chapter with respect to a foreign
person who has engaged in activity subject to sanctions under
this chapter if the President certifies in writing to the
appropriate congressional committees that the foreign
person--
(A) is no longer engaging in such activities; or
(B) has taken and is continuing to take significant,
verifiable steps toward permanently terminating such
activities.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect the availability of any existing
authorities to issue waivers, exceptions, exemptions,
licenses, or other authorization.
SEC. 8709B. IMPLEMENTATION.
(a) Implementation.--The President may exercise all
authorities under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for
purposes of carrying out this chapter.
(b) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
chapter or any regulation, license, or order issued to carry
out this chapter may be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
SEC. 8709C. TERMINATION OF SANCTIONS AUTHORITIES.
The requirements and authorities to impose sanctions under
subchapters A, B, and C, and any sanctions imposed under
those subchapters, shall terminate on the date that is 10
years after the date of the enactment of this Act.
CHAPTER 2--OTHER MATTERS
SEC. 8710. DETERMINATION WITH RESPECT TO RUSSIAN MILITARY
ACTIONS IN SUPPORT OF RUSSIAN SHADOW FLEET.
(a) In General.--The President may determine, at such times
as are required under subsection (b), whether--
(1) the Government of the Russian Federation, including
through any of its proxies, is engaged in or knowingly
supporting an escalation of military measures in the Gulf of
Finland, the Baltic Sea, or the Straits of Denmark, including
to deter members of the North Atlantic Treaty Organization
from inspecting vessels transporting Russian-origin petroleum
products or posing a threat to undersea infrastructure to
ensure such vessels are adhering to accepted maritime
standards; and
(2) if the President makes a positive determination under
paragraph (1), whether that escalation increases the risk of
an incident at sea, including damage to undersea cable
infrastructure.
(b) Timing of Determinations.--The President may make the
determination described in subsection (a)--
(1) not later than 15 days after the date of the enactment
of this Act;
(2) after the first determination under paragraph (1), not
less frequently than every 30 days (or more frequently as
warranted) during the 1-year period beginning on such date of
enactment; and
(3) after the end of that 1-year period, not less
frequently than every 90 days.
(c) Report Required.--Upon making a determination under
subsection (a), the President shall submit a report on the
determination to--
(1) the committees specified in subsection (d);
(2) the majority leader and the minority leader of the
Senate; and
(3) the Speaker and the minority leader of the House of
Representatives.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 8710A. RESOURCES FOR SANCTIONS IMPLEMENTATION AT THE
DEPARTMENT OF STATE.
(a) Sense of Congress.--It is the sense of Congress that
sanctions are a vital foreign policy and national security
tool, and as such, it is critical that the Department and
other agencies with responsibilities relating to sanctions
across the executive branch--
(1) are fully staffed, including through the prompt
confirmation by the Senate of a qualified head of the Office
of Sanctions Coordination of the Department; and
(2) have the resources and infrastructure necessary for the
successful development and implementation of sanctions.
(b) Increasing Resources and Improving Modernization for
Sanctions Implementation.--The head of the Office of
Sanctions Coordination shall take steps to modernize the
sanctions infrastructure and increase resources dedicated to
implementing sanctions, including by--
(1) ensuring the Department has necessary subscriptions and
access to open-source databases for purposes of making
determinations to support the designation of persons for the
imposition of sanctions;
(2) equipping bureaus involved in drafting and reviewing
evidentiary packages to support such designations with
sufficient technical resources to do so, including an
adequate number of workstations that can be used to review
classified information; and
(3) increasing the number of personnel dedicated to making
and reviewing such designations.
(c) Report on Modernizations Efforts.--Not later than 180
days after the date of the enactment of this Act, the head of
the Office of Sanctions Coordination shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report describing steps the Department is taking to address
challenges in the ability of the Department to support the
designation of persons for the imposition of sanctions.
(d) Authorizations of Appropriation.--
(1) Office of sanctions coordination.--There is authorized
to be appropriated to the Office of Sanctions Coordination
for each of fiscal years 2026 and 2027 $15,000,000 to carry
out this section.
(2) Office of foreign assets control.--There is authorized
to be appropriated to the Office of Foreign Assets Control of
the Department of the Treasury for each of fiscal years 2026
and 2027 $15,000,000 to carry out this section.
SEC. 8710B. MODIFICATION OF LIMITATION ON MILITARY
COOPERATION BETWEEN THE UNITED STATES AND THE
RUSSIAN FEDERATION.
Section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488) is
amended--
(1) by striking subsections (c) and (d); and
(2) by redesignating subsections (e) and (f) as subsections
(c) and (d), respectively.
SEC. 8710C. EMERGENCY APPROPRIATIONS FOR THE COUNTERING
RUSSIAN INFLUENCE FUND.
(a) Emergency Appropriations.--
(1) Authorization of appropriation.--There is authorized to
be appropriated, out of any money in the Treasury not
otherwise appropriated, $200,000,000 to the Secretary for
fiscal years 2026 and 2027 for the Countering Russian
Influence Fund to provide additional support to Ukraine and
allies of the United States in Central and Eastern Europe in
the wake of aggression by the Russian Federation, including
assistance combating Russian Federation information
operations, sabotage activities, cyber threats, and security
threats.
(2) Emergency designation.--
(A) In general.--The amounts provided under paragraph (1)
are designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(B) Designation in the senate and the house of
representatives.--This subsection is designated as an
emergency requirement pursuant to subsections (a) and (b) of
section 4001 of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that contains a description of the
activities carried out pursuant to this section.
(2) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
(c) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
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(4) the Committee on Appropriations of the House of
Representatives.
SEC. 8710D. REPORT ON PRESIDENTIAL DRAWDOWN AUTHORITY AND
UKRAINE SECURITY ASSISTANCE INITIATIVE.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, and every 30 days thereafter, the
Secretary and the Secretary of Defense shall jointly submit
to the appropriate committees of Congress a report that
includes--
(1) the status of remaining amounts available for Ukraine
under the Presidential drawdown authority provided in the
Additional Ukraine Supplemental Appropriations Act, 2022
(Public Law 117-128; 136 Stat. 1211) and the Ukraine Security
Supplemental Appropriations Act (Public Law 118-50; 138 Stat.
905);
(2) a description of all defense articles and services
provided to Ukraine under Presidential drawdown authority,
Foreign Military Financing, and the Ukraine Security
Assistance Initiative under section 1250 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1068); and
(3) a description of the readiness requirements,
valuations, and replenishment calculations used to determine
the availability of inventory to transfer to Ukraine.
(b) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. 8710E. SUPPORT FOR UKRAINE ARMS SALES.
For any letter of offer to sell or license to export
defense articles or defense services to Ukraine that would
require a numbered certification to Congress required by
section 36 of the Arms Export Control Act (22 U.S.C. 2776),
the President shall not offer such letter of offer or issue
such license until 15 days have elapsed from the time such
numbered certification is provided to Congress,
notwithstanding the requirements of such section for 30 days,
and any joint resolution of disapproval shall be eligible for
a motion to discharge from the Committee on Foreign Relations
of the Senate 5 days after introduction.
Subtitle B--Deterring Aggression Against Taiwan
SEC. 8711. SHORT TITLE.
This subtitle may be cited as the ``Deter PRC Aggression
Against Taiwan Act''.
SEC. 8712. SENSE OF CONGRESS.
It is the sense of Congress that the United States must be
prepared to take immediate action to impose sanctions with
respect to any military or non-military entities owned,
controlled, or acting at the direction of the Government of
the PRC or the Chinese Communist Party that are supporting
actions by the Government of the PRC or by the Chinese
Communist Party--
(1) to overthrow or dismantle the governing institutions in
Taiwan;
(2) to occupy any territory controlled or administered by
Taiwan;
(3) to violate the territorial integrity of Taiwan; or
(4) to take significant action against Taiwan, including--
(A) conducting a naval blockade of Taiwan;
(B) seizing any outlying island of Taiwan; or
(C) perpetrating a significant physical or cyber attack on
Taiwan that erodes the ability of the governing institutions
in Taiwan to operate or provide essential services to the
citizens of Taiwan.
SEC. 8713. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Financial Services of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) PRC.--The term ``PRC'' means the People's Republic of
China.
(3) PRC sanctions task force; task force.--The terms ``PRC
Sanctions Task Force'' and ``Task Force'' mean the task force
established pursuant to section 8714.
SEC. 8714. TASK FORCE.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Coordinator for Sanctions
of the Department and the Director of the Office of Foreign
Assets Control of the Department of the Treasury shall
establish a task force to identify military or non-military
entities that could be subject to sanctions imposed by the
United States immediately following any action taken by the
PRC that demonstrates an attempt to achieve, or has the
significant effect of achieving, the physical or political
control of Taiwan, including by taking any of the actions
described in paragraphs (1) through (4) of section 8712.
(b) Strategy.--Not later than 270 days after the
establishment of the PRC Sanctions Task Force, the Task Force
shall submit a strategy to the appropriate congressional
committees for identifying proposed targets for sanctions
referred to in subsection (a), which shall--
(1) assess how existing sanctions programs could be used to
impose sanctions with respect to entities identified by the
Task Force;
(2) develop or propose, as appropriate, new sanctions
authorities that might be required to impose sanctions with
respect to such entities;
(3) analyze the potential economic consequences to the
United States, and to allies and partners of the United
States or other third countries, of imposing various types of
such sanctions with respect to such entities;
(4) assess measures that could be taken to mitigate the
consequences referred to in paragraph (3), including through
the use of licenses, exemptions, carve-outs, and other
approaches;
(5) include coordination with allies and partners of the
United States--
(A) to leverage sanctions, including actions targeting the
PRC's financial and industrial sectors to deter or respond to
aggression against Taiwan;
(B) to identify and resolve potential impediments to
coordinating sanctions-related efforts with respect to
responding to, or deterring aggression against, Taiwan; and
(C) to identify industries, sectors, or goods and services
where the United States and allies and partners of the United
States can take coordinated action through sanctions that
will have a significant negative impact on the economy of the
PRC; and
(D) to coordinate actions with partners and allies to
provide economic support to Taiwan and other countries being
threatened by the PRC, including measures to counter economic
coercion by the PRC;
(6) assess the resource gaps and needs at the Department
and the Department of the Treasury to most effectively use
sanctions to respond to the threats posed by the PRC;
(7) recommend how best to target sanctions against
individuals, entities, and economic sectors in the PRC, which
shall take into account--
(A) the role of such targets in supporting policies and
activities of the Government of the PRC, or of the Chinese
Communist Party, that pose a threat to the national security
or foreign policy interests of the United States;
(B) the negative economic implications of such sanctions
for the Government of the PRC, including its ability to
achieve its objectives with respect to Taiwan; and
(C) the potential impact of such sanctions on the stability
of the global financial system, including with respect to--
(i) state-owned enterprises;
(ii) officials of the Government of the PRC and of the
Chinese Communist Party;
(iii) financial institutions associated with the Government
of the PRC; and
(iv) companies in the PRC that are not formally designated
by the Government of the PRC as state-owned enterprises; and
(8) identify any foreign military or non-military entities
that would likely be used to achieve the outcomes specified
in section 8712, including entities in the shipping,
logistics, energy (including oil and gas), maritime,
aviation, ground transportation, and technology sectors.
SEC. 8715. REPORT.
Not later than 120 days after the submission of the
strategy required under section 8714(b), and semiannually
thereafter, the PRC Sanctions Task Force shall submit a
classified report to the appropriate congressional committees
that includes information regarding--
(1) any entities identified pursuant to section 8714(b)(8);
(2) any new authorities required to impose sanctions with
respect to such entities;
(3) potential economic impacts on the PRC, the United
States, and allies and partners of the United States or other
third countries resulting from the imposition of sanctions
with respect to such entities;
(4) mitigation measures that could be employed to limit any
deleterious economic impacts on the United States and allies
and partners of the United States or other third countries of
such sanctions;
(5) the status of coordination with allies and partners of
the United States regarding sanctions identified under this
subtitle;
(6) resource gaps and recommendations to enable the
Department and the Department of the Treasury to use
sanctions to more effectively respond to the malign
activities of the Government of the PRC; and
(7) any additional resources that may be necessary to carry
out the strategies and recommendations included in the report
submitted pursuant to section 8714(b).
SEC. 8716. RULE OF CONSTRUCTION.
As used in this subtitle, the term ``sanctions'' shall not
be construed to include tariffs.
Subtitle C--PEACE in Sudan
SEC. 8721. SHORT TITLES.
This subtitle may be cited as the `` `Preventing External
Aggression and Conflict Escalation in Sudan Act of 2026' ''
or the ``PEACE in Sudan Act''.
SEC. 8722. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to advance and protect the national security of the
United States, including by
[[Page S4059]]
identifying, disrupting, and dismantling the networks and
actions of criminal and malign actors who foment and benefit
from instability, conflict, humanitarian emergency, state
failure, and ungoverned spaces;
(2) to utilize all available diplomatic and economic tools
to secure an end to the war in Sudan;
(3) to counter--
(A) malign foreign interference and external military
support to parties to the conflict in Sudan; and
(B) destabilizing regional and domestic actors who seek to
benefit from the continued conflict in Sudan;
(4) to promote efforts to bring about stability and
security in Sudan, including by addressing the humanitarian
suffering of the Sudanese people and others impacted across
Africa;
(5) to hold perpetrators of war crimes, crimes against
humanity, and genocide in Sudan accountable for their crimes;
(6) to advance and protect the internationally recognized
human rights of all Sudanese people, regardless of ethnicity,
religion, sex, or geographic area of origin; and
(7) to support the aspirations of the people of Sudan for a
political transition process that results in a civilian
government that--
(A) is democratic;
(B) is accountable;
(C) respects the internationally-recognized human rights of
its citizens; and
(D) is at peace with itself and its neighbors
SEC. 8723. DEFINITIONS.
In this subtitle:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given such
terms in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)).
(2) Aid or abet.--The term ``aid or abet'' means to
intentionally assist or encourage a person or persons to
commit a crime.
(3) Appropriate congressional committees.--Except as
provided in section 8727, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(4) Atrocity.--The term ``atrocity'' means war crimes,
crimes against humanity, or genocide.
(5) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(6) Genocide.--The term ``genocide'' means an offense
described in section 1091(a) of title 18, United States Code.
(7) International financial institution.--The term
``international financial institution'' means--
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and
Development;
(C) the International Development Association;
(D) the International Finance Corporation;
(E) the Inter-American Development Bank Group;
(F) the Asian Development Bank;
(G) the Inter-American Investment Corporation;
(H) the African Development Bank;
(I) the African Development Fund;
(J) the European Bank for Reconstruction and Development;
(K) the Multilateral Investment Guaranty Agency; and
(L) any multilateral financial institution established
after the date of the enactment of this Act that could
provide financial assistance to the Government of Sudan.
(8) Non-state armed group.--The term ``non-state armed
group'' means any entity participating in, supporting, or
contributing to the conflict or commission of atrocities that
is not an organization of a foreign government, including
militia, armed groups, mercenaries, private military
contractors, and terrorist organizations.
(9) Quad.--The term ``Quad'' means the diplomatic grouping
of the United States, Egypt, Saudi Arabia, and the United
Arab Emirates that has been convening in an effort to mediate
an end to the conflict in Sudan.
(10) Quintet.--The term ``Quintet'' means the diplomatic
grouping of the African Union, the Intergovernmental
Authority on Development, the League of Arab States, the
European Union, and the United Nations.
(11) Torture.--The term ``torture'' has the meaning given
such a term in section 2340(1) of title 18, United States
Code.
(12) United states person.--The term ``United States
person'' means--
(A) a United States citizen, an alien lawfully admitted for
permanent residence to the United States, or any other
individual subject to the jurisdiction of the United States;
and
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
(13) War crime.--The term ``war crime''--
(A) has the meaning given such term in section 2441(c) of
title 18, United States Code; and
(B) includes sexual violence.
SEC. 8724. REPORT ON ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS AND GROUPS IN SUDAN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and semiannually thereafter, the
Secretary shall submit a report to the appropriate
congressional committees that includes--
(1) a comprehensive analysis of the involvement of foreign
governments by supporting, facilitating, or contributing to
the conflict and commission of atrocities in Sudan,
including--
(A) providing arms and materiel to the Sudanese Armed
Forces and the Rapid Support Forces;
(B) the estimated number of affiliated combatants and
support personnel in Sudan acting in support of the war
effort, including those who are engaged in active fighting,
training, and equipping;
(C) engagement in, or support for, drone and aircraft
strikes, and the training of combatants;
(D) the provision of financial, in-kind, or material
support to the Sudanese Armed Forces or the Rapid Support
Forces, including intelligence services or information
sharing
(E) the source, frequency, and scope of violations of the
United Nations arms embargo outlined in United Nations
Security Council Resolutions 1556 (2004) and 1591 (2005);
(F) instances of international travel by non-state armed
groups from Sudan for purposes other than structured
diplomatic negotiations; and
(G) actions that violate existing United States defense
cooperation agreements or designation as a major non-NATO
ally of the United States (as defined in section 644 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2403));
(2) a comprehensive analysis of the involvement of non-
state armed groups in supporting, facilitating, or
contributing to the conflict in Sudan and the commission of
atrocities in Sudan, which may include--
(A) the Wagner Group;
(B) the Sudan Revolutionary Front;
(C) the Sudanese Muslim Brotherhood, including its al-Baraa
Bin Malik Brigade;
(D) the Sudan Liberation Movement, led by Minni Minnawi;
(E) the Sudan People's Liberation Movement-North-al Hilu;
(F) the Sudan People's Liberation Army-in-Opposition;
(G) the Sudan Liberation Movement, led by Abdul Wahid al-
Nur;
(H) the Sudanese Liberation Army, led by Malik Agar;
(I) the Sudan Liberation Movement - Transitional Council,
led by El-Hadi Idris Yahya;
(J) the Joint Security Forces, including the Justice and
Equality Movement;
(K) Gathering of Sudan Liberation Forces, led by Al-Tahir
Hajar;
(L) the Central Reserve Forces;
(M) the Sudanese Awakening Revolutionary Council, led by
Musa Hilal;
(N) the Sudan Shield Forces;
(O) the Third Front (Tamazuj);
(P) Army 70;
(Q) the Tigray Defense Forces;
(R) the Desert Wolves;
(S) the Libyan Arab Armed Forces (also known as the
``Libyan National Army''); and
(T) the Union of Forces for Democracy and Development;
(3) an analysis of private and commercial activity
facilitating or benefitting from the war economy related to
the conflict in Sudan, within or outside Sudan, which may
include activity related to--
(A) port operations;
(B) aviation (including airlines and airports);
(C) ground transportation services;
(D) the mining, refining, processing, and trade of gold,
gum arabic, and other natural resources;
(E) private military companies;
(F) banking and financial services;
(G) cryptocurrency transactions;
(H) technology;
(I) military equipment; and
(J) weapons manufacturing; and
(4) an analysis of whether actions taken by a government of
a foreign country referred to in paragraph (1)--
(A) involves defense articles or defense services (as such
terms are defined in section 47 of the Arms Export Control
Act (22 U.S.C. 2794) of United States origin;
(B) violates the terms of applicable United States or end-
user assurances, licenses, or agreements; and
(C) violates the arms embargo designated by United Nation
Security Council Resolutions 1556 (2004), 1591 (2005), and
any successor Security Council Resolution for an arms embargo
on all or part of Sudan.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
(c) Briefing.--Not later than 15 days after the submission
of the report required under subsection (a), the Secretary or
the Secretary's designee, shall provide a briefing to the
appropriate congressional committees regarding the matters
contained in such report.
SEC. 8725. REPORT ON ATROCITIES AND GROSS VIOLATIONS OF
INTERNATIONALLY-RECOGNIZED HUMAN RIGHTS IN
SUDAN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and semiannually thereafter, the
Secretary shall submit to the appropriate congressional
committees a comprehensive report regarding the conduct of,
support for, and perpetrators of gross violations of
internationally recognized human rights in Sudan since April
15, 2023.
(b) Elements.--The report required under subsection (a)
shall include a description of--
(1) any atrocities and other gross violations of
internationally recognized human
[[Page S4060]]
rights committed by the Sudanese Armed Forces, the Rapid
Support Forces, non-state armed groups, other entities of the
Government of Sudan, and other individuals, which may
include--
(A) the recruitment and use of child soldiers;
(B) the use of starvation and sexual violence as weapons of
war, including systematic rape, sexual slavery, and other
forms of sexual violence;
(C) the denial of humanitarian access, including the
obstruction of humanitarian assistance or the targeting of
aid workers;
(D) looting, occupation, or destruction of civilian
infrastructure, including religious sites, health facilities,
residential buildings, and schools;
(E) violations in the conduct of hostilities, summary
executions, the deliberate targeting of civilians, and
arbitrary detention;
(F) the systematic targeting of medical facilities and
medical personnel, emergency response rooms, or other
humanitarian initiatives;
(G) the deliberate targeting of places of worship; and
(H) ethnically motivated violence, including violence
against minority non-Arab communities and indigenous ethnic
groups of the Nuba Mountains; and
(2) the sanctions imposed in accordance with the Chemical
and Biological Weapons Control and Warfare Elimination Act of
1991 (title III of Public Law 102-182; 22 U.S.C. 5601 et
seq.) and the continued monitoring of the use of chemical
weapons by the Government of Sudan.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 8726. STRATEGY.
(a) In General.--The Secretary, in coordination with the
Secretary of the Treasury and the Secretary of Defense, shall
develop a comprehensive strategy to secure a ceasefire and
durable political settlement in Sudan. In developing such
strategy, the Secretary shall utilize all economic and
diplomatic tools available to the Department and the
Department of the Treasury, including the Office of Foreign
Assets Control, and enhance diplomatic, financial, and legal
measures to hold perpetrators of atrocities and other gross
violations of internationally recognized human rights
accountable.
(b) Elements.--The strategy required under subsection (a)
shall include a description of the Secretary's plans--
(1) to help end the conflict in Sudan, which may include--
(A)(i) determining the key actors who must be involved in
diplomatic negotiations to end the war;
(ii) supporting their sustained and credible participation
in such negotiations;
(iii) assessing the appropriate staffing needed within the
Department's Office of Sudan Affairs, including locally
employed staff and staff based in Ethiopia and Kenya, to
engage on coordinated diplomatic efforts to end the war in
Sudan;
(B) establishing a timeline for using diplomatic
engagement, intelligence diplomacy, security cooperation, and
foreign assistance, as appropriate, to secure the support of
allies and partners in finding diplomatic paths to end the
conflict in Sudan; and
(C) coordinating with the Quintet, the Quad, and other
international partners--
(i) to end the armed conflict in Sudan;
(ii) to protect civilians in Sudan;
(iii) to hold accountable perpetrators of atrocities and
other gross violations of internationally recognized human
rights; and
(iv) to seek an enduring diplomatic resolution to the
conflict;
(2) to cripple the war economy and abettor network;
(3) to collaborate with the Secretary of the Treasury to
hold perpetrators of atrocities in Sudan accountable for
their crimes;
(4) to counter foreign influence and military support to
the Sudanese Armed Forces and the Rapid Support Forces, which
exacerbates the conflict in Sudan; and
(5) to promote stability and alleviate human suffering in
Sudan, which may include--
(A) securing guarantees for unrestricted humanitarian
access to vulnerable populations and the implementation of
protection measures, including measures to provide trauma-
informed care and prevent human trafficking, sexual violence,
and the recruitment of child soldiers; and
(B) analyzing--
(i) how to most effectively leverage diplomatic and
assistance tools and incentivize strategic burden-sharing
with international partners to improve the humanitarian
conditions in Sudan;
(ii) requirements for rebuilding essential infrastructure
that has been destroyed in the conflict, including health
systems, education, and civilian infrastructure, and the role
to be played by the international community in such efforts;
(iii) how to engage in diplomatic efforts to ensure support
for humanitarian relief and recovery in Sudan from
international donors, including foreign governments and
multilateral organizations; and
(iv) how the United States, and other partners can work to
ensure the safety and security of humanitarian aid workers
and journalists in Sudan;
(6) to implement a comprehensive diplomatic approach toward
engagement with the countries bordering Sudan, in addition to
Kenya and Uganda, and regional institutions to address the
issues detailed in paragraphs (1) through (5); and
(7) to identify potential opportunities for United States
economic engagement and investment in a post-conflict Sudan
and the broader region that could support diplomatic efforts
to end the conflict, which may include--
(A) identifying opportunities for United States private
sector investment in Sudan's recovery and reconstruction,
including in sectors such as agriculture, energy, critical
minerals, infrastructure, and financial services;
(B) assessing mechanisms through which the United States
Government, including through the United States International
Development Finance Corporation and the United States Trade
and Development Agency, may support United States private
sector actors seeking to engage in Sudan and the broader
region;
(C) evaluating opportunities to deepen trade and investment
ties with countries neighboring Sudan as part of a broader
regional economic strategy that advances United States
interests and promotes stability for the region; and
(D) analyzing the manner in which United States economic
engagement in Sudan and the region can support the durability
of a credible peace agreement or cessation of hostilities,
and advance an economic order that prioritizes transparency,
accountability, and the long-term interests of the people of
Sudan.
(c) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees the strategy developed
pursuant to subsection (a) in an unclassified form, which
shall include the information described in subsection (b) and
may include a classified annex.
(d) Briefing.--Not later than 15 days after submitting the
strategy required under subsection (a), and every 90 days
thereafter, the Secretary, or the Secretary's designee, shall
brief the appropriate congressional committees regarding--
(1) the status of the implementation of such strategy; and
(2) any changes or updates based on evolving conditions in
Sudan.
SEC. 8727. ASSESSMENT OF ELIGIBILITY OF ARMED ACTORS IN SUDAN
FOR DESIGNATION AS SPECIALLY DESIGNATED GLOBAL
TERRORISTS.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
(b) In General.--The Secretary, in consultation with the
Secretary of the Treasury, shall conduct an assessment to
determine whether any armed actor in Sudan meets the criteria
for designation as a specially designated global terrorist,
consistent with the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.).
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a classified report
containing--
(1) the results of the assessment conducted pursuant to
subsection (b); and
(2) a description of action the Secretary has planned based
on such results.
SEC. 8728. SANCTIONS.
(a) In General.--The President may impose the sanctions
described in subsection (b) with respect to any foreign
person the President determines, on or after the date of the
enactment of this Act--
(1) to be responsible for, complicit in, or to have
directly or indirectly engaged in or facilitated--
(A) actions that threaten the peace, security, stability,
or territorial integrity of Sudan;
(B) the supply, sale, or transfer of arms or any related
materiel, or any assistance, advice, or training related to
military activities, other than advice or training on
compliance with the law of armed conflict, to--
(i) the Sudanese Armed Forces;
(ii) the Rapid Support Forces; or
(iii) non-State armed groups operating in Sudan;
(C) the use or recruitment of child soldiers;
(D) directing, leading, or enabling the presence of foreign
military forces or non-state armed groups in Sudan that have
engaged in actions that threaten the peace, security,
stability, or territorial integrity of Sudan;
(E) knowingly aiding or abetting Sudanese Armed Forces or
Rapid Support Forces by--
(i) providing financial or material support or a safe
haven; or
(ii) contributing to the concealment of their crimes;
(F) actions that obstruct, undermine, delay, or have the
purpose or effect of undermining a political process aimed at
securing a ceasefire, peace, or political resolution to the
conflict in Sudan;
(G) the commission of atrocities or other gross violations
of internationally recognized human rights (as defined in
section 1262 of the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law
114-328; 22 U.S.C. 10101);
(H) the smuggling or trafficking of natural resources from
or through Sudan, including gold and gum arabic;
(I) actions that constitute a violation of the arms embargo
under United Nations Security Council Resolutions 1556 (2004)
and
[[Page S4061]]
1591 (2005), including facilitating financial transactions in
furtherance of such actions or facilitating any export,
reexport, transshipment, or transfer in furtherance of such
actions;
(J) the targeting of civilians, including women and
children, through the commission of acts of violence
(including killing, maiming, torture, or rape or other sexual
violence), abduction, forced displacement, or attacks on
schools, hospitals, religious sites, or locations where
civilians are seeking refuge or aid provided by domestic or
international actors;
(K) the obstruction of activities of, or attacks on, the
United Nations, bilateral or multilateral diplomatic
missions, or international humanitarian organizations, or
their personnel;
(L) the operation of private military companies that are
contributing to violence against civilians in Sudan;
(M) the obstruction of the delivery or distribution of, or
access to, humanitarian assistance, including by force,
intimidation, theft, coercion, or bureaucratic means;
(N) significant efforts to impede investigations or
prosecutions of alleged gross abuses of internationally
recognized human rights in Sudan; or
(O) actions or policies that obstruct, undermine, delay, or
impede, or pose a significant risk of obstructing,
undermining, delaying, or impeding, the formation or
operation of a civilian government;
(2)(A) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of--
(i) any activity described in this section;
(ii) any person whose property and interests in property
are blocked pursuant to this section; or
(B) to be owned or controlled by, or to have acted or
purported to act for or on behalf of (directly or indirectly)
any person whose property and interests in property are
blocked pursuant to this section; or
(3) forms an entity for the purpose of evading sanctions
that would otherwise be imposed pursuant to this section.
(b) Sanctions; Exceptions.--
(1) Sanctions.--
(A) Asset blocking.--Notwithstanding section 202 of the
International Emergency Economic Powers Act (50 U.S.C. 1701),
the President may exercise all of the powers granted to the
President by such Act to the extent necessary to block and
prohibit all transactions in all property and interests in
property of a foreign person the President determines meets 1
or more of the criteria described in subsection (a) if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(B) Prohibitions on financial transactions.--
Notwithstanding the requirements under section 202 of the
International Emergency Economic Powers Act (50 U.S.C. 1701),
the President may exercise all powers granted to the
President by such Act to the extent necessary--
(i) to prohibit any United States financial institution
from making loans or providing credit to the foreign person;
or
(ii) to prohibit any transactions in foreign exchange that
are subject to the jurisdiction of the United States and in
which the foreign person has any interest.
(C) Aliens inadmissible for visas, admission, or parole.--
(i) In general.--An alien described in subsection (a) is--
(I) inadmissible to the United States;
(II) ineligible for a visa or other documentation to enter
the United States; and
(III) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--An alien described in subsection (a) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation was issued.
(II) Immediate effect.--A revocation under subclause (I)
shall take effect immediately and automatically cancel any
other valid visa or entry documentation that is in the
alien's possession.
(2) Penalties.--Any person that commits, attempts to
commit, conspires to commit, or causes the commission of an
action described in subsection (a) shall be subject to the
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of such section.
(3) Implementation.--The President--
(A) may exercise all authorities provided under sections
203 and 205 of the International Emergency Economic Powers
Act (50 U.S.C. 1702 and 1704) to carry out this section; and
(B) shall issue such regulations, licenses, and orders as
may be necessary to carry out this section.
(4) Exception to comply with united nations headquarters
agreement.--Sanctions described in paragraph (1)(B) shall not
apply with respect to an alien if admitting or paroling the
alien into the United States is necessary to permit the
United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
(5) Exception to comply with intelligence and law
enforcement activities.--Sanctions under this section shall
not apply to any activity subject to--
(A) the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any
authorized intelligence activities of the United States; or
(B) to carry out or assist any authorized law enforcement
activities of the United States.
(6) Exception for humanitarian assistance.--
(A) Definitions.--In this paragraph:
(i) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given such term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(ii) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(iii) Medicine.--The term ``medicine'' has the meaning
given the term ``drug'' in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
(B) In general.--Sanctions under this section shall not
apply to--
(i) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, humanitarian assistance, or for humanitarian
purposes; or
(ii) transactions that are necessary for or related to any
activity described in clause (i).
SEC. 8729. SPECIAL ENVOY FOR SUDAN.
Section 7204(d) of the Department of State Authorization
Act for Fiscal Year 2025 (division G of Public Law 118-159;
22 U.S.C. 10001 note) is amended by striking ``2 years'' and
inserting ``5 years''.
SEC. 8730. ASSISTANCE TO THE GOVERNMENT OF SUDAN BY
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Restrictions.--Except as provided in subsections (b)
and (c), the Secretary of the Treasury shall instruct the
United States Executive Director or the appropriate head of
the respective international financial institutions--
(1) to use the voice and vote of the United States in those
institutions to oppose any premature, new, long-term
reconstruction or capacity-building support for Sudan,
including support that would benefit a foreign person or
entity described in section 8728(a); and
(2) to work with other key donor countries to develop a
coordinated policy for lending to the Government of Sudan in
a post-conflict scenario, including firm benchmarks and
preconditions for lending.
(b) National Security Waiver.--The President may waive
application of subsection (a) if the President determines
such a waiver is in the national security interest of the
United States.
(c) Exception for Lifesaving Humanitarian Projects That
Directly Support Basic Human Needs.--The advocacy otherwise
required under subsection (a)(1) shall not apply to a
specific loan or extension of financial assistance that has
the sole purpose of supporting lifesaving humanitarian
projects that directly support basic human needs, including
emergency food, shelter, health, water, sanitation, and
hygiene.
SEC. 8731. SUDAN BUSINESS RISK ADVISORY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall update its Sudan Business Risk
Advisory, which was originally issued in May 2022 and updated
in May 2023, which may include--
(1) updates to the information regarding gold from Sudan as
a mineral from a conflict-affected area, including the role
of foreign governments in the supply chain for Sudanese gold;
(2) information with respect to the supply chain for
Sudanese gum arabic, its role in fueling the conflict in
Sudan, and nefarious actors involved in smuggling gum arabic
through Chad, the Central African Republic, and South Sudan;
and
(3) risks associated with conducting business with entities
connected to the Sudanese Armed Forces, the Rapid Support
Forces, or non-state armed groups;
SEC. 8732. UNITED STATES ENGAGEMENT AT THE UNITED NATIONS
WITH RESPECT TO SUDAN.
The United States Mission to the United Nations shall
assess--
(1) the need for additional coordination between the United
States, the United Nations Security Council, the European
Union, and other partner countries' sanctions regimes;
(2) if the mandate of the United Nations Panel of Experts
on the Sudan (established by United Nations Security Council
Resolution 1591 (2005) and most recently extended by United
Nations Security Council Resolution 2791 (2025)) is
sufficient to enable it to fully and accurately report to the
United Nations Security Council on issues related to war,
including with respect to violations of the United Nations
arms embargo; and
(3) the need to work with other United Nations Security
Council members to expand the United Nations arms embargo for
Sudan.
SEC. 8733. FOREIGN ASSISTANCE TO SUDAN.
(a) Prohibition.--Except as provided in subsection (b),
United States assistance may not be furnished to Sudan if
such assistance--
(1) provides financial or capacity building support
directly to Government of Sudan institutions;
[[Page S4062]]
(2) supports debt relief through the Heavily Indebted Poor
Countries Initiative to restructure, reschedule, or cancel
the sovereign debt of Sudan; or
(3) is security assistance.
(b) National Security Waiver.--The President may waive
application of subsection (a) if the President determines
that such a waiver is in the national security interest of
the United States.
(c) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary, in consultation with the Secretary of Agriculture
and other relevant departments and agencies, shall submit a
report to the appropriate congressional committees that
details all United States foreign assistance to Sudan.
SEC. 8734. ANNUAL REPORT ON FINANCIAL ASSETS HELD BY ARMED
ACTORS IN SUDAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of the Treasury, in consultation with the
Secretary, shall submit a report to the appropriate
congressional committees that includes--
(1) a list of all countries and foreign banking
institutions that hold assets on behalf of senior officials
in the Sudanese Armed Forces, the Rapid Support Forces, and
the General Intelligence Service; and
(2) how foreign actors are profiting from the war in Sudan
through various business sectors.
(b) Form.--Each report required under subsection (a) shall
be submitted in an unclassified form, but may include a
classified annex.
SEC. 8735. TERMINATION.
The requirements under sections 8724, 8725, 8726, 8730,
8733, and 8734 shall terminate on the date that is 30 days
after the Secretary submits to the appropriate congressional
committees a certification that--
(1) a credible and durable peace agreement, cessation of
hostilities, or other end to hostilities has been achieved
and verified by the Secretary; and
(2) the Rapid Support Forces, the Sudanese Armed Forces,
and any other body or institution of the Government of Sudan
are no longer committing atrocities.
SEC. 8736. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to authorize the
use of military force.
SEC. 8737. SUNSET.
This subtitle shall cease to have any force or effect
beginning on the date that is 5 years after the date of the
enactment of this Act.
Subtitle D--Scam Compound Accountability and Mobilization
SEC. 8741. SHORT TITLE.
This subtitle may be cited as the ``Scam Compound
Accountability and Mobilization Act''.
SEC. 8742. FINDINGS.
Congress finds the following:
(1) Transnational cyber-enabled fraud, particularly such
fraud that is perpetrated from scam compounds in Southeast
Asia, is a growing threat to citizens of the United States,
national security, and global economic interests.
(2) The Federal Bureau of Investigation reported
$17,697,074,980 in losses in the United States due to cyber-
enabled fraud during 2025, including schemes commonly
perpetrated by transnational criminal organizations that are
operating scam compounds.
(3) Annual global losses due to cyber-enabled fraud are
estimated at between $40,000,000,000 and $65,000,000,000, but
the actual amount is likely higher since many instances are
not reported.
(4) Transnational criminal organizations responsible for a
large proportion of these scam compounds--
(A) are affiliated with the People's Republic of China;
(B) are actively spreading propaganda on behalf of the
People's Republic of China;
(C) are promoting unification with Taiwan; and
(D) have brokered projects for the Belt and Road
Initiative.
(5) Transnational criminal organizations have lured
hundreds of thousands of human trafficking victims from an
estimated 80 countries to scam compounds, which are located
primarily in Burma, Cambodia, and Laos, for purposes of
forced criminality.
(6) Transnational criminal organizations are expanding scam
compounds internationally, including in Africa, the Middle
East, South Asia, and the Pacific Islands.
(7) Money laundering, human trafficking, and fraudulent
recruitment related to such scam compounds have occurred in
Southeast Asia, Europe, North America, and South America.
SEC. 8743. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should redouble efforts to hold the
perpetrators and enablers of scam compound operations
accountable, including those involved in related money
laundering, human trafficking, and fraudulent recruitment, by
employing effective tools, such as targeted financial
sanctions, visa restrictions, asset seizures, prosecutions,
and forfeiture;
(2) to enhance effective international cooperation and
responses against cyber-enabled fraud originating from scam
compounds internationally, the United States Government
should work with partner governments, multilateral
institutions, civil society experts, and private sector
stakeholders to improve information sharing, strengthen
preventative measures, raise public awareness, and increase
coordination on law enforcement investigations and regulatory
actions; and
(3) victims and survivors of human trafficking, including
for the purpose of forced criminality, require victim-
centered and trauma-informed protection and support to ensure
they are not inappropriately prosecuted, penalized, or
otherwise punished solely for unlawful acts committed as a
direct result of being trafficked, consistent with section
102(b)(19) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7101(b)(19)).
SEC. 8744. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to comprehensively combat the transnational criminal
organizations operating scam compounds and exploiting
workers, including through human trafficking, such as forced
criminality, to perpetrate large-scale online scams against
the people of the United States; and
(2) to bolster international law enforcement cooperation
with nations in Southeast Asia and in other regions where
scam compounds and associated financial and operational
infrastructures are located to combat transnational crime,
including scam compounds, human trafficking, narcotics
trafficking, and money laundering.
SEC. 8745. DEFINITIONS.
(a) In General.--In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(D) the Select Committee on Intelligence of the Senate;
(E) the Committee on Appropriations of the Senate; and
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on the Judiciary of the House of
Representatives;
(H) the Committee on Financial Services of the House of
Representatives; and
(I) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(J) the Committee on Appropriations of the House of
Representatives.
(2) Cyber-enabled fraud.--The term ``cyber-enabled fraud''
means the use of the internet or other technology to commit
fraudulent activity, including illicitly obtaining money,
property, data, identification documents, or authentication
features, or creating counterfeit goods or services.
(3) Enabling country.--The term ``enabling country'' means
a country where--
(A) government authorities actively or implicitly permit,
enable, or perpetuate scam compound operations; or
(B) ineffective law enforcement or a failure to enact
legislation intended to prevent facilitating services from
reaching scam compounds or transnational criminal
organizations enables scam compound operators to obtain
facilitating services.
(4) Forced criminality.--The term ``forced criminality''
means a form of forced labor for the purpose of causing the
victim to engage in criminal activity, which may include
cyber-enabled fraud.
(5) Forced labor.--The term ``forced labor'' has the
meaning given the term severe forms of trafficking in persons
in section 103(11)(B) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102(11)(B)).
(6) Relevant foreign assistance programs.--The term
``relevant foreign assistance programs''--
(A) means foreign assistance programs funded by the United
States Government to provide assistance for one or more
foreign countries for the purpose of combating scam compound
operations and related transnational criminal organizations
as well as combating associated human trafficking; and
(B) excludes intelligence activities, including activities
authorized by the President and reported to Congress in
accordance with section 503 of the National Security Act of
1947 (50 U.S.C. 3093).
(7) Human trafficking.--The term ``human trafficking'' has
the meaning given the term severe forms of trafficking in
persons in section 103(11) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(11)).
(8) Human trafficking victim.--The terms ``human
trafficking victim'' and ``victim of human trafficking'' mean
a person subject to an act or practice described in section
103(11) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(11)).
(9) Impacted country.--The term ``impacted country'' means
a country that is a significant--
(A) transit location through which victims of human
trafficking pass en route to scam compounds;
(B) source location for victims of human trafficking for
scam compounds; or
(C) target of cyber-enabled fraud originating from scam
compounds.
(10) Scam compound.--The term ``scam compound'' means a
physical installation where a transnational criminal
organization carries out cyber-enabled fraud operations,
[[Page S4063]]
using victims who may be exploited through human trafficking,
including forced criminality.
(11) Strategy.--The term ``Strategy'' means the strategy to
counter scam compounds and hold transnational criminal
organizations and human traffickers accountable described in
section 8746.
(12) Transnational criminal organization.--The term
``transnational criminal organization'' means a group of
persons that--
(A) includes one or more foreign person;
(B) engages in or facilitates an ongoing pattern of serious
criminal activity involving the jurisdictions of at least two
foreign states or one foreign state and the United States;
and
(C) threatens the national security, foreign policy, or
economy of the United States.
(b) Rule of Construction.--The definitions under this
section are exclusive to this subtitle and may not be
construed to affect any other provision of United States law.
SEC. 8746. STRATEGY TO COUNTER SCAM COMPOUNDS AND HOLD
TRANSNATIONAL CRIMINAL ORGANIZATIONS AND HUMAN
TRAFFICKERS ACCOUNTABLE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the Attorney General, the Secretary of the Treasury, and the
heads of other Federal departments and agencies as
appropriate, shall submit to the appropriate congressional
committees a comprehensive strategy, with a classified annex
if necessary, that--
(1) is designed--
(A) to shut down scam compounds and prevent their further
proliferation;
(B) to disrupt and dismantle--
(i) transnational criminal organizations and human
traffickers involved in exploiting workers in, and
fraudulently recruiting workers to, scam compounds; and
(ii) the financial, operational, and technological
infrastructure that enables such criminal enterprises to
execute their scams and crimes; and
(C) to hold accountable corrupt officials and non-state
actors enabling scam compounds;
(2) is global in scope and fosters cooperation among
officials from affected regions; and
(3) may prioritize efforts focused on countries where scam
compound operations are most prevalent, including Southeast
Asia.
(b) Objectives.--The Strategy shall seek to accomplish the
following objectives:
(1) Reducing the ability of transnational criminal
organizations to operate scam compounds in Southeast Asia and
elsewhere.
(2) Building the capacity of efforts related to digital
forensics, anti-money laundering and investigative tools,
anti-corruption, and border patrol, of trusted foreign law
enforcement partners to degrade, disrupt, and shut down scam
compounds and prevent their proliferation.
(3) Supporting victims of human trafficking, including
those exploited in forced criminality under the direction of
the Ambassador-at-Large to Monitor and Combat Trafficking in
Persons.
(4) Preventing fraudulent recruitment and human trafficking
in scam compounds, including by--
(A) engaging private sector entities operating internet
platforms or other services that could be abused or exploited
to perpetrate fraudulent recruitment, human trafficking or
cyber-enabled fraud;
(B) raising awareness among at-risk populations to identify
common fraudulent recruitment strategies and improve due
diligence and self-protection measures;
(C) urging governments to monitor and enforce laws against
fraudulent and unlawful recruitment practices; and
(D) sharing information and building capacity among foreign
counterparts, including law enforcement, border and port
officials, and other anti-trafficking authorities, as well as
civil society organizations to identify and protect potential
human trafficking victims.
(5) Advocating for the thorough review of countries
implicated in scam compound operations at the Financial
Action Task Force (FATF) or FATF-style regional bodies.
(6) Examining existing authorities and procedures of the
United States Government for recovering and returning
proceeds of crime to defrauded United States persons.
(7) Using sanctions, visa restrictions, and other
accountability and behavioral change measures, in
coordination with allies and partners to the greatest extent
possible, against enabling countries, transnational criminal
organizations, human traffickers, and related third-party
facilitators of scam compound operations.
(8) Investigating and highlighting the People's Republic of
China's involvement in the origin and perpetuation of scam
compounds, including through links between Chinese Communist
Party officials and criminal organizations, deepening
regional security influence, and selective crackdowns that
incentivize the targeting of Americans.
(9) Investigating the Burmese military's involvement in
allowing, ignoring, and profiting from scam compounds in
Burma, and the importance of resolving the instability and
violence in Burma to stop the unfettered operation of scam
compounds in Burma.
(10) Harnessing offensive cyber capabilities to degrade
scam compound operations.
(11) Integrating data collection, analysis, and response
mechanisms across Federal, Tribal, territorial, State, and
local agencies, including by assessing if any existing
relevant Fusion Centers could be leveraged to combat the
operations of scam compounds.
(12) Convening like-minded foreign allies and partners to
combat scam compounds, including by establishing similar task
forces or working groups, compiling and sharing data, and
collaborating regarding the investigation and prosecution of
key actors and enablers.
(c) Contents.--The Strategy shall--
(1) include a comprehensive problem statement identifying
the structural vulnerabilities exploited by transnational
criminal organizations operating scam compounds;
(2) develop a comprehensive list of enabling countries and
impacted countries;
(3) identify private sector entities whose commercial
services are utilized by transnational criminal organizations
operating scam compounds and provide recommendations to
address such use;
(4) identify all active executive branch relevant foreign
assistance programs as well as diplomatic efforts underway to
address scam compounds, transnational criminal organizations
connected to scam compounds, and related money laundering,
and human trafficking, including forced criminality,
including efforts with enabling countries and impacted
countries;
(5) identify resources needed to implement the Strategy and
any obstacles to the response of the Federal Government to
scam compounds, including coordination with partner
governments, to address the human trafficking, including
forced criminality, and money laundering that facilitates and
sustains scam compound operations; and
(6) include indicators that measure the success of the
Strategy, including achieving the objectives described in
subsection (b), which may include the number of persons
sanctioned, the number of arrest warrants or indictments
issued, the number of arrests made, the amount of United
States losses mitigated, the number of victims of trafficking
in persons identified and protected, and the reduction in the
number of active scam compounds, in comparison to the
previous year.
(d) Limitation.--Nothing in the Strategy may--
(1) affect, apply to, or create obligations related to
past, present, or future criminal or civil law enforcement or
intelligence activities of the United States or the law
enforcement activities of any State or subdivision of a
State; or
(2) change existing authorities related to the sharing of
personally identifiable information or the collection or
sharing of information about individuals solely for
constitutionally protected activities.
SEC. 8747. ESTABLISHING A TASK FORCE TO IMPLEMENT THE
STRATEGY.
(a) In General.--Not later than 90 days after submitting
the Strategy pursuant to section 8746(a), the Secretary, in
consultation with the Attorney General, the Secretary of the
Treasury, and the heads of other Federal departments and
agencies, shall establish or designate an interagency task
force (referred to in this section as the ``Task Force'')--
(1) to coordinate the implementation of the Strategy;
(2) to conduct regular monitoring and analysis of scam
compound operations internationally; and
(3) to track and evaluate progress toward the objectives,
activities, and performance indicators of the Strategy.
(b) Information Sharing.--To ensure proper coordination and
effective interagency action, each Federal department or
agency represented on the Task Force shall fully share--
(1) all relevant data with the Task Force, consistent with
existing Federal law; and
(2) all information regarding the department's or agency's
plans, before and after final agency decisions are made, on
all matters relating to actions regarding combating scam
compounds to the extent that sharing of information does not
violate protocols or regulations regarding sharing of law
enforcement sensitive or classified information.
(c) Consultation.--The Task Force, or representatives of
the Task Force, should--
(1) consult with Tribal, State, territorial, and local law
enforcement entities and stakeholder organizations in the
United States that have firsthand expertise in reporting and
combating cyber-enabled fraud and recovering proceeds of
crimes;
(2) consult regularly with nongovernmental organizations in
the United States with expertise in countering trafficking in
persons or anti-corruption, as appropriate;
(3) develop partnerships with relevant private sector
actors for the purpose of better disrupting the enabling
infrastructure of scam compounds, operations, and syndicates;
and
(4) engage civil society organizations to better understand
the complexity of the scam compound problem in each country
and the broader economic, political, and governance
challenges that are exacerbating the problem.
(d) Congressional Consultation.--The Task Force shall
consult regularly with the appropriate congressional
committees on its efforts to implement the Strategy,
including potential updates to the Strategy.
(e) Annual Reviews and Reports.--Not later than 1 year
after the establishment of the Task Force, and not less
frequently than annually thereafter, the Task Force shall--
[[Page S4064]]
(1) conduct a status review of the Strategy and the overall
state of scam compounds operated by transnational criminal
organizations that includes--
(A) a list of enabling countries and impacted countries;
(B) an estimate of the amount of proceeds of crimes against
United States nationals through scams emanating from scam
compounds;
(C) an estimate of the amount of proceeds described in
subparagraph (B) that was intercepted, seized, or returned as
a result of United States Government action;
(D) an analysis of the role that human trafficking plays in
scam compounds around the world;
(E) a list of known scam compounds operating across
Southeast Asia; and
(F) a description of if, where, and how scam compounds and
operations have proliferated outside of Southeast Asia across
other regions of the world; and
(2) submit the results of such review in a public report to
the appropriate congressional committees, which may contain a
classified annex.
(f) Task Force Termination.--The Task Force shall terminate
on the date that is 6 years after the date on which the Task
Force is established.
SEC. 8748. STRENGTHENING TOOLS TO DISMANTLE SCAM COMPOUNDS
AND HOLD TRANSNATIONAL CRIMINAL ORGANIZATIONS
ACCOUNTABLE.
(a) Imposition of Sanctions With Respect to Actors in Scam
Compound Operations.--Beginning on the date that is 180 days
after the date of the enactment of this Act, the President
may impose the sanctions described in subsection (b) with
respect to any foreign person the President determines--
(1) has knowingly provided significant financial or
technological support to, or knowingly provided significant
goods or services in support of, the activities of
international scam compounds or enabling services, including,
but not limited to, fraudulent recruitment, human trafficking
(including forced criminality), cyber-enabled fraud, or
money-laundering; or
(2) owned, controlled, directed, or acted for, or on behalf
of, a significant scam compound operation or enabling
service, including, but not limited to, fraudulent
recruitment, human trafficking (including forced
criminality), cyber-enabled fraud, or money-laundering.
(b) Sanctions Described.--
(1) Asset blocking.--The President may exercise all powers
granted to the President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of a foreign person
described in subsection (a), including, to the extent
appropriate, the vessel of which the person is the beneficial
owner, if such property or interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
(2) Visas, admission, or parole.--
(A) In general.--An alien described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible for a visa or other documentation to enter
the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in subsection (a) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation was issued.
(ii) Immediate effect.--A revocation under clause (i) shall
take effect immediately and automatically cancel any other
valid visa or entry documentation that is in the alien's
possession.
(c) Exceptions.--
(1) Exception to comply with international obligations and
law enforcement activities.--Sanctions described in
subsection (b)(2) shall not apply with respect to the
admission of an alien if admitting or paroling such alien
into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist with authorized law enforcement
activities in the United States.
(2) Exception to comply with intelligence activities.--
Sanctions authorized under this section shall not apply with
respect to any activity subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.) or any authorized intelligence activities of
the United States.
(3) Exception for human trafficking victims.--Sanctions
described in subsection (b) shall not apply with respect to a
person determined by the President to be a victim of
trafficking in persons within a scam compound, consistent
with section 102(b)(19) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7101(b)(19)).
(4) Exception for unwitting participation.--Sanctions
described in subsection (b) shall not apply with respect to a
foreign person if the President determines--
(A) the foreign person's involvement in a scam compound or
a scam compound operation was without knowledge of its
criminal nature; or
(B) the foreign person did not knowingly or willingly
participate in, or provide significant support for, such
operation.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--The penalties set forth in subsections (b)
and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to any
person who violates, attempts to violate, conspires to
violate, or causes a violation of any prohibition of this
section, or an order or regulation prescribed under this
section, to the same extent that such penalties apply to a
person that commits an unlawful act described in section
206(a) of such Act (50 U.S.C. 1705(a)).
(e) Semiannual Report.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter for 7 years, the President shall submit a report
to the appropriate congressional committees that identifies--
(1) all foreign persons the President has sanctioned
pursuant to this section; and
(2) the dates on which such sanctions were imposed.
(f) Form.--The report required under subsection (e) shall
be submitted in an unclassified form, but may include a
classified annex.
(g) Waiver.--
(1) In general.--The President may waive the application of
sanctions under this section with respect to a foreign person
or a foreign financial institution if the President
determines that such waiver is in the national interest of
the United States.
(2) Report.--Not later than 15 days before granting a
waiver pursuant to paragraph (1), the President shall submit
a report to the appropriate congressional committees that
includes--
(A) the name of the individual or institution that is
benefitting from such waiver; and
(B) if the beneficiary is an individual, a detailed
justification explaining how the waiver serves the national
security interests of the United States.
(3) Form.--The report required under paragraph (2) shall be
submitted in an unclassified form, but may include a
classified annex.
SEC. 8749. REDRESS TO VICTIMS OF INTERNATIONAL SCAM COMPOUND
OPERATIONS.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General, in consultation
with the Secretary, the Secretary of the Treasury, and the
heads of other appropriate Federal departments and agencies,
shall submit to the appropriate congressional committees a
report containing an assessment of existing forfeiture law
that--
(1) outlines challenges or limitations to providing
financial redress to victims of international scam compound
operations; and
(2) offers recommendations, if any, to amend existing
forfeiture law to better enable the Department of Justice to
recover assets that may be used to compensate United States
victims of scam operations.
(b) Form.--The report required under subsection (a) shall
be submitted in an unclassified form.
SEC. 8750. SATELLITE IMAGERY ACCESS TO MONITOR HUMAN RIGHTS
ABUSES RELATED TO SCAM COMPOUNDS TO DISCOVER
THE PRESENCE OF HUMAN TRAFFICKING.
(a) Access to Satellite Imagery.--The Director of the
National Geospatial-Intelligence Agency, in coordination
with, or at the request of, the Secretary, may provide
nongovernmental organizations, nonprofit organizations, and
intergovernmental entities access to current and archival
high-resolution satellite imagery, subject to appropriate
classification and information security requirements, to help
advance efforts to combat scam compounds, forced criminality,
and human trafficking, including monitoring and documenting
observable activities at scam compounds in Southeast Asia,
which may be associated with human trafficking, including
forced labor or forced criminality.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that includes--
(1) any terms and conditions applicable with respect to the
access authorized under subsection (a); and
(2) a list of each organization or entity that has been
provided access pursuant to subsection (a).
(c) Form.--The report required under subsection (b) shall
be submitted in an unclassified form, but may include a
classified annex.
SEC. 8750A. SUNSET.
This subtitle shall cease to be effective beginning on the
date that is 7 years after the date of the enactment of this
Act.
Subtitle E--Strategic Subsea Cables Act of 2026
SEC. 8751. SHORT TITLE.
This subtitle may be cited as the ``Strategic Subsea Cables
Act of 2026''.
[[Page S4065]]
SEC. 8752. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, the Select Committee
on Intelligence, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives.
(3) Appropriate federal agencies.--The term ``appropriate
Federal agencies'' means the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Office of the Director of National Intelligence.
(D) The Department.
(E) The Federal Communications Commission.
(F) The Department of the Treasury.
(G) The Department of Justice.
(H) Any additional Federal agencies, as determined by the
President.
(4) Critical undersea infrastructure.--The term ``critical
undersea infrastructure'' refers to both subsea
communications infrastructure and subsea energy
infrastructure.
(5) Interagency committee.--The term ``interagency
committee'' means the entity established under section
8762(b).
(6) Non-federal entity.--The term ``non-Federal entity''
means any nongovernmental entity that is an individual,
organization, or business involved in the operation,
maintenance, repair, or construction of critical undersea
infrastructure, including critical undersea infrastructure
owners.
(7) Sabotage.--The term ``sabotage'' means any act, or
attempt to commit such an act, undertaken with the intent to
cause damage to, or substantial interruption or impairment
of, the safe and reliable operation of, critical undersea
infrastructure, including by materially degrading the
confidentiality, availability, and integrity of data
transmitted via subsea communications infrastructure.
(8) Subsea energy infrastructure.--The term ``subsea energy
infrastructure'' means a subsea cable, pipeline, or other
equipment installed on, beneath, or within the seabed,
including--
(A) to transmit electricity, including via subsea
electricity cables, subsea electricity transformers, or
equipment related to the support of offshore energy
production installations;
(B) to transport natural gas, oil, or hydrogen between
land-based or off-shore infrastructure; and
(C) associated landing stations and facilities.
(9) Subsea communications infrastructure.--The term
``subsea communications infrastructure'' has the meaning
given the term ``submarine cable system'' in section
1.70001(h) of title 47, Code of Federal Regulations, and any
subsequent update to such meaning.
PART I--INTERNATIONAL COORDINATION AND ENGAGEMENT ON CRITICAL UNDERSEA
INFRASTRUCTURE
SEC. 8753. FINDINGS.
Congress makes the following findings:
(1) Sabotage of critical undersea infrastructure poses a
growing threat to United States and allied security and
economic prosperity.
(2) In recent years, numerous critical undersea
infrastructure sites were destroyed or damaged, including--
(A) in January 2022, the reported damage to subsea
communications infrastructure connecting the Norwegian
mainland with the Norwegian archipelago of Svalbard, home of
SvalSAT, the largest commercial satellite ground station on
Earth;
(B) in February 2023, the reported damage to subsea
communications infrastructure connecting the main island of
Taiwan to the Matsu Islands in the Taiwan Strait;
(C) in October 2023, the reported damage to the Finland-to-
Estonia Balticconnector natural gas pipeline spanning the
Gulf of Finland, in addition to the reported damage to subsea
communications cables connecting Estonia and Sweden and
Finland and Estonia;
(D) in November 2024, the reported damage to the Finland-
to-Germany C-Lion1 subsea communications cables and the
Lithuania-to-Sweden BCS subsea communications cable in the
central Baltic Sea;
(E) in December 2024, the reported damage to the Finland-
to-Estonia EstLink2 subsea electricity interconnection cable
and nearby subsea communications cables in the Gulf of
Finland;
(F) in January 2025, the reported damage to the Trans-
Pacific Express subsea communications cable connecting Taiwan
to the United States, the Republic of Korea, and Japan;
(G) in February 2025, the reported damage to a subsea
communications cable connecting the main island of Taiwan
with the Penghu Islands in the Taiwan Strait;
(H) in January 2026, the reported damage to subsea
communications cables from Latvia in the Central Baltic Sea
linking Liepaja and Sventoji; and
(I) in January 2026, the reported damage to the Elisa cable
connecting Finland and Estonia involving a vessel named the
Fitburg.
(3) In February 2024, NATO Defense Ministers established
the Critical Undersea Infrastructure Network to coordinate
information and threat intelligence sharing among private and
public sector actors to protect critical undersea
infrastructure.
(4) In January 2025, following critical undersea
infrastructure sabotage in the Baltic Sea in December 2024,
the North Atlantic Treaty Organization (NATO) launched Baltic
Sentry to strengthen the protection of critical undersea
infrastructure.
(5) On February 21, 2025, the European Union published an
EU Action Plan on Cable Security to include the development
and deployment of an Integrated Surveillance Mechanism for
Submarine cables work to establish a dedicated regional hub
in the Baltic Sea to serve as a test bed of the integrated
surveillance approach.
(6) The Association of Southeast Asian States (ASEAN)
published guidelines for Strengthening Resilience and Repair
of Submarine Cables and most recently announced plans to
``build a secure, diverse and resilient submarine cable
network'' and ``to facilitate the expeditious deployment,
repair, maintenance, removal, and protection of submarine
cables, between ASEAN Member States''.
(7) On July 1, 2025, the Quad, represented by the United
States, India, Japan, and Australia, met to reaffirm its
commitment to the Quad Partnership on Cable Connectivity and
Resilience. In the meeting, the Quad underscored the need for
digital infrastructure collaboration, organizing a subsea
cables forum to be hosted by the United States and India and
encouraging regulatory harmonization between Quad partners.
Through this initiative, the Quad seeks to defend and promote
resilient, secure, and transparent digital infrastructure
across the Indo-Pacific region.
SEC. 8754. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) critical undersea infrastructure represents vital
strategic and economic links between the United States and
its partners and allies;
(2) according to NATO, ``undersea cables carry an estimated
$10 trillion in transfers every day; two-thirds of the
world's oil and gas is either extracted at sea or transported
by sea; and around 95 percent of global data flows are
transmitted via undersea cables'';
(3) since Russia's full-scale invasion of Ukraine in 2022,
there has been a marked increase in high-profile suspected
sabotage incidents resulting in damage to critical undersea
infrastructure, especially across Northern Europe and East
Asia;
(4) private sector owners and operators of critical
undersea infrastructure are responsible for the installation,
maintenance, security, and repair of critical undersea
infrastructure, and the role of the United States Government
is to support, not supplant, those responsibilities through
domestic and international coordination, including with the
private sector and allied foreign governments, to improve
security, threat detection, and incident response to address
sabotage and policies that undermine critical undersea
infrastructure resilience;
(5) the United States Government has an important role to
play in supporting international bodies concerned with the
protection of critical undersea infrastructure, including
promoting network resilience and redundancy, and encouraging
the implementation of appropriate standards and best
practices in support of these goals;
(6) the United States Government should deepen its
contribution to multilateral efforts to protect critical
undersea infrastructure, including appropriate participation
in NATO initiatives such as the NATO Maritime Centre for the
Security of Critical Undersea Infrastructure, the Critical
Undersea Infrastructure Coordination Cell, the Critical
Undersea Infrastructure Network, and the NATO-EU Task Force
on the Resilience of Critical Infrastructure, allied maritime
security efforts such as the Joint Expeditionary Force, Indo-
Pacific initiatives, including the Quad Partnership for Cable
Connectivity and Resilience, and international organizations
such as the International Cable Protection Committee (ICPC),
in order to advance United States national security and
economic interests; and
(7) the United States should work with allies and partners
to support the private sector deployment of resilient
critical undersea infrastructure networks, enhance shared
situational awareness, strengthen joint preparedness, and
formalize coordinated responses among allies and partners
through improved information sharing and cooperation with
private sector owners and operators to prevent, deter, and
mitigate sabotage.
SEC. 8755. ENHANCING UNITED STATES GOVERNMENT ENGAGEMENT WITH
RELEVANT INTERNATIONAL BODIES TO SAFEGUARD
UNITED STATES INTERESTS.
(a) In General.--The Secretary, in coordination with the
interagency committee, as appropriate, shall seek to deepen
United States Government engagement with relevant
international bodies to advance United States national
security and economic interests as it relates to critical
undersea infrastructure.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and
[[Page S4066]]
annually thereafter for 5 years, the Secretary shall submit a
report to the appropriate congressional committees that
includes the following:
(1) A description of how strengthened United States
Government engagement with relevant international bodies,
including in coordination with the United States domestic
subsea cable industry, could support United States national
security objectives as it relates to the protection of
critical undersea infrastructure.
(2) A description of key objectives for promoting and
protecting United States national security interests within
relevant international bodies.
(3) A description of how the People's Republic of China
entities leverage their engagement with relevant
international bodies to further their strategic interests.
(4) A description of how encouraging other countries and
regional bodies to engage with relevant international bodies
can better ensure coordinated, consistent global critical
undersea infrastructure policies.
(5) A description of international bodies relevant for
critical undersea infrastructure where the United States
should increase its diplomatic engagement.
SEC. 8756. IMPOSITION OF SANCTIONS WITH RESPECT TO CRITICAL
UNDERSEA INFRASTRUCTURE SABOTAGE.
(a) In General.--The President, in coordination with the
Secretary and the Secretary of the Treasury, shall impose the
sanctions described in subsection (c) with respect to any
foreign person that the President determines, on or after the
date of the enactment of this Act, is responsible for acts of
sabotage or knowingly facilitates acts of sabotage against
critical undersea infrastructure, including--
(1) any foreign vessel or entity the owner or operator of
which knowingly--
(A) commits acts of sabotage; or
(B) conducts preparatory surveillance, logistical support,
security, or other services that facilitate or enable an act
of sabotage; and
(2) any foreign person that the President determines
knowingly--
(A) owns, operates, or manages the vessel or entity
described in paragraph (1);
(B) provides underwriting services or insurance or
reinsurance necessary for such a vessel or entity;
(C) facilitates deceptive or structured transactions to
support a vessel or entity described in paragraph (1);
(D) provides port or logistics services or facilities for
technology upgrades or installation of equipment for, or
retrofitting or tethering of, a vessel described in paragraph
(1) for the purpose of evading sanctions;
(E) provides documentation, registration, or flagging
services for a vessel described in paragraph (1) for the
purpose of evading sanctions; or
(F) serves as a captain, principal officer, or senior
leadership of such a vessel or entity.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President may exercise all
of the powers granted by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary
to block and prohibit all transactions in all property and
interests in property of a foreign person described in
subsection (a), if such property and interests in property
are in the United States, come within the United States, or
are or come within the possession or control of a United
States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a) shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
an alien described in subsection (a) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the possession of the alien.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to any
person that violates, attempts to violate, conspires to
violate, or causes a violation of any prohibition of this
section, or an order or regulation prescribed under this
section, to the same extent that such penalties apply to a
person that commits an unlawful act described in section
206(a) of such Act (50 U.S.C. 1705(a)).
(d) Exceptions.--
(1) Exception to comply with united nations headquarters
agreement and law enforcement activities.--Sanctions under
this section shall not apply with respect to an alien if
admitting or paroling the alien is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations of the
United States; or
(B) to carry out or assist authorized law enforcement
activity in the United States.
(2) Exception to comply with intelligence activities.--
Sanctions under this section shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any
authorized intelligence activities of the United States.
(3) Exception for humanitarian assistance.--Sanctions under
this section shall not apply to--
(A) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, or humanitarian assistance, or for
humanitarian purposes; or
(B) transactions that are necessary for or related to the
activities described in subparagraph (A).
(4) Exception for safety of vessels and crew.--Sanctions
under this section shall not apply with respect to a person
providing provisions to a vessel otherwise subject to
sanctions under this section if such provisions are intended
for the safety and care of the crew aboard the vessel, the
protection of human life aboard the vessel, or the
maintenance of the vessel to avoid any environmental or other
significant damage.
(e) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(2) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(5) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(6) United states person.--The term ``United States
person'' means--
(A) any United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including
any foreign branch of such an entity; or
(C) any person in the United States.
(f) National Security Interests Waiver.--The President may
waive the application of sanctions under this section if,
before issuing the waiver, the President submits to the
appropriate congressional committees--
(1) a certification in writing that the issuance of the
waiver is in the national security interests of the United
States; and
(2) a report, including an optional classified annex,
explaining the basis for the certification.
SEC. 8757. REPORT ON ACTIVITIES BY THE PEOPLE'S REPUBLIC OF
CHINA AND THE RUSSIAN FEDERATION.
(a) Report.--To ensure appropriate deterrence, escalation
management, and responses related to critical undersea
infrastructure, not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 5 years,
the Office of the Director of National Intelligence (ODNI),
in coordination with the Secretary, the Secretary of Defense,
and the heads of other relevant Federal agencies, shall
submit a report to the appropriate congressional committees
that includes the following:
(1) A description, with respect to the applicable reporting
period, of the subsea cable manufacturing, installation, and
maintenance capabilities of the People's Republic of China
(PRC) and the Russian Federation.
(2) An analysis of the mission, capabilities, and
activities of the Main Directorate of Deep-Sea Research
(GUGI) of the Armed Forces of the Russian Federation,
including--
(A) a description of GUGI's use of ostensibly civilian
research vessels to conduct critical undersea infrastructure
seabed warfare, and potential sabotage;
(B) an assessment of the impact of sanctions on the ability
of GUGI to procure advanced technologies and equipment, as
well as its efforts to circumvent those sanctions; and
(C) a list of suspected GUGI research or scientific
vessels, including vessel names and International Maritime
Organization and Maritime Mobile Service Identity numbers,
and related equipment that are suspected of engaging in dual-
use operations and probing of critical undersea
infrastructure.
(3) An analysis of the missions, capabilities, and
activities of the People's Liberation Army, the PRC Coast
Guard, the China Ship Scientific Research Center, HMN
Technologies, and other PRC-based entities, including
unmarked or dual-use maritime militia or commercial vessels
related to monitoring and sabotage of critical undersea
infrastructure, including--
[[Page S4067]]
(A) a description of recent capability developments related
to sabotaging critical undersea infrastructure, including for
both deep-sea and littoral purposes; and
(B) a description of the PRC's use of ostensibly civilian
fishing, merchant, and research vessels for sabotage of
critical undersea infrastructure, including in the Indo-
Pacific, Africa, Latin America, Europe, and the Western
Hemisphere.
(4) An assessment of cooperation between the Russian
Federation and the PRC on sabotage of critical undersea
infrastructure, including--
(A) any current or planned operational coordination against
United States or allied and partner nation targets;
(B) any joint research, development, testing, or evaluation
of critical undersea infrastructure sabotage or seabed
warfare capabilities;
(C) any technology transfers or joint training related to
critical undersea infrastructure surveillance, sabotage, or
seabed warfare; and
(D) any coordination in procurement of advanced
technologies related to critical undersea infrastructure
sabotage, seabed warfare, or circumvention of sanctions
against the Russian Federation.
(5) A list of instances during the previous calendar year
in which the United States, or allies and partners of the
United States, documented anomalous behavior from vessels,
either flagged, crewed, or operated by the PRC or Russia,
around critical undersea infrastructure, including--
(A) any official United States Government response to
counter the anomalous behavior; and
(B) any coordinated diplomatic action with allies and
partners.
(6) An assessment of the extent to which PRC-based entities
are involved in laying, maintaining, and repairing United
States-invested cables.
(b) Initial and Subsequent Reports.--The initial report
required under subsection (a) shall cover the period between
January 1, 2022, through the date of the enactment of this
Act. Subsequent reports required by subsection (a) shall
cover the previous calendar year for the reporting period.
(c) Classification.--The report required under subsection
(a) shall be submitted in unclassified form but may include a
classified annex.
SEC. 8758. ENGAGING FOREIGN PARTNERS TO STRENGTHEN THE
SECURITY OF CRITICAL UNDERSEA INFRASTRUCTURE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) as international critical undersea infrastructure
expands, the complexity of the deployment and protection of
subsea cables is increasing, which can create operational and
security vulnerabilities that, if exploited, may have
national security implications for the United States and
foreign partners;
(2) the United States, together with its allies and
partners, is well positioned to offer technical, material,
and other forms of support to international partners to
enhance the resilience of international critical undersea
infrastructure;
(3) the United States Government should enhance its
diplomatic engagement with trusted allies to support foreign
governments and private industry efforts to improve the
timely and effective deployment and protection of critical
undersea infrastructure; and
(4) given the importance of critical undersea
infrastructure to United States and allied energy security
and prosperity, adversaries are increasingly prioritizing
capabilities designed to target United States and allied
subsea energy infrastructure.
(b) Commitment of Personnel and Resources.--The Secretary
shall devote sufficient personnel and resources towards--
(1) engaging with foreign countries, in coordination with
other relevant Federal agencies and private industry, to
promote international cooperation on the security and
resilience of critical undersea infrastructure, including by
helping address regulatory and diplomatic obstacles that may
affect the timely deployment and protection by operators; and
(2) working with allies and partners to improve collective
preparedness and response times in the event of sabotage
affecting critical undersea infrastructure, including, as
appropriate, by supporting international coordination
mechanisms that facilitate the timely deployment of cable
repair and support vessels.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for the next 5
years, the Secretary, in coordination with other relevant
Federal agencies, shall submit to the appropriate
congressional committees a report that outlines efforts by
the United States Government in the prior calendar year to
work with international allies and partners to strengthen the
security and resilience of critical undersea infrastructure,
including--
(1) a list of current foreign policies, laws, or regulatory
practices that may create barriers or constrain the ability
of critical undersea infrastructure operators to install,
maintain, repair, and protect critical undersea
infrastructure and any steps taken through dialogue with
allies and partners to address such challenges; and
(2) a description of the progress made in the previous
calendar year as a result of United States diplomatic
engagement with allies and partners on these issues.
PART II--DEPARTMENT OF STATE CRITICAL UNDERSEA INFRASTRUCTURE EXPERTISE
SEC. 8761. EXPANDING CRITICAL UNDERSEA INFRASTRUCTURE-RELATED
EXPERTISE AT THE DEPARTMENT OF STATE.
(a) In General.--The Secretary shall ensure that the
Department has adequate expertise to support the Department's
diplomatic and interagency engagement on matters related to
critical undersea infrastructure, including--
(1) promoting the protection and resilience of critical
undersea infrastructure through international cooperation;
(2) coordinating with United States allies and partners on
foreign policy and security aspects of critical undersea
infrastructure; and
(3) representing United States interests and engagement in
international bodies that address critical undersea
infrastructure.
(b) Assignment.--The Bureau for Cyberspace and Digital
Policy shall ensure that personnel assigned to oversee
critical undersea infrastructure are provided sufficient
time, resources, and ability to carry out those
responsibilities effectively, including, as appropriate, by
prohibiting dual-hatting arrangement that could dilute the
Department's expertise.
(c) Notification.--Not later than 15 days after fulfilling
the expertise requirement in subsection (a), the Secretary
shall notify the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
(d) International Cooperation on Critical Undersea
Infrastructure Sabotage.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report on how
the United States Government plans to prioritize diplomatic
engagement within relevant international bodies to encourage
and facilitate appropriate information sharing between allied
and partner governments and relevant private sector companies
regarding threats to, and the sabotage of, critical undersea
infrastructure.
PART III--INTERNATIONAL COOPERATION ON SUBSEA COMMUNICATIONS
INFRASTRUCTURE PROTECTION FROM SABOTAGE
SEC. 8762. IMPROVING UNITED STATES GOVERNMENT COORDINATION ON
PROTECTING SUBSEA COMMUNICATIONS
INFRASTRUCTURE.
(a) Findings.--Congress makes the following findings:
(1) There is no single agency where subsea cable owners and
operators can engage the United States Government on security
and resilience, including to seek coordinated assistance in
identifying and addressing shared risks to subsea
communications infrastructure.
(2) United States Federal Government responsibilities for
the protection of subsea communications infrastructure,
damage reporting, information and intelligence sharing, and
emergency response are spread across multiple departments and
agencies.
(3) In order to ensure United States agencies and
departments appropriately account for the risks to subsea
communications infrastructure and provide timely and
coordinated support when warranted, the United States
Government should improve interagency coordination and share
risk assessments and best practices with the subsea
communications infrastructure industry, while respecting the
industry's primary responsibility for security risk
mitigation, investment, and operational decision-making.
(b) Establishment.--Not later than one year after the date
of the enactment of this Act, the President shall establish
an interagency committee (referred to in this subtitle as the
``interagency committee'') comprised of the heads, or their
designees, of the appropriate Federal agencies and
departments, to coordinate the United States Government
efforts to--
(1) promote awareness of and support for the protection and
resilience of subsea communications infrastructure;
(2) facilitate voluntary collaboration and information
sharing with relevant non-Federal entities, including
relevant members of the subsea communications infrastructure
industry, to identify and address shared challenges to subsea
communications infrastructure security and resilience;
(3) coordinate United States Government policies related to
subsea communications infrastructure security and resilience;
and
(4) address other matters related to subsea communications
infrastructure deemed appropriate and necessary by the
President.
(c) Coordination.--The President shall direct the
interagency committee to conduct an overview of the United
States Federal Government's operational authorities for
subsea communications security and resilience. The overview
shall include an interagency concept of operations describing
how Federal departments and agencies will coordinate with one
another and, on a voluntary basis, partner with non-Federal
entities, including subsea communications owners and
operators, to support the security and repair of subsea
communications infrastructure in a variety of crisis
scenarios.
(d) Analysis of Subsea Communications Infrastructure
Sabotage.--
[[Page S4068]]
(1) In general.--The President shall direct the heads of
the appropriate Federal agencies to develop strategies to
coordinate closely within the interagency process and, on a
voluntary basis, with subsea communications industry
stakeholders to review sabotage and other threats to subsea
communications infrastructure, including where appropriate
and consistent with applicable law and voluntary information-
sharing arrangements, by leveraging analysis from aggregated
industry data, to--
(A) identify trends;
(B) refine attributions, particularly in cases of subsea
communications infrastructure sabotage;
(C) identify geographic areas where subsea communications
infrastructure may face elevated risk;
(D) identify Federal Government functions and private
sector engagement methods that can support, rather than
direct, the security of subsea communications infrastructure;
and
(E) inform future risk mitigation efforts by Federal
departments and agencies to support industry-led measures to
reduce damage to subsea communications infrastructure.
(2) Strategy elements.--The strategies required under
paragraph (1) shall include--
(A) resourcing requirements to carry out the activities
described in paragraph (1);
(B) coordination with United States allies and partners and
relevant subsea communications infrastructure industry
stakeholders; and
(C) the necessary technical expertise within the Federal
Government to contribute to the analysis of subsea
communications infrastructure sabotage.
(e) Report.--Not later than 30 days after establishing the
required interagency committee under subsection (b), the
President shall submit to Congress a report that includes the
following elements:
(1) Any resources required to sufficiently staff the
interagency committee and United States Federal agencies
overseeing the objectives outlined in subsection (b).
(2) A detailed plan for how the interagency committee will
advance the objectives outlined in subsection (b).
SEC. 8763. STRENGTHENING INFORMATION SHARING BETWEEN UNITED
STATES GOVERNMENT AND PRIVATE SECTOR
STAKEHOLDERS ON SUBSEA COMMUNICATIONS
INFRASTRUCTURE.
(a) Public-private Sector Information Sharing.--Consistent
with the necessary protections of classified information, the
sourcing of relevant intelligence material, and privacy and
civil liberties, all appropriate Federal agencies shall, in
direct coordination with the Office of the Director of
National Intelligence, and, as appropriate, with intelligence
sharing partnerships with trusted allies, issue procedures--
(1) to enable the timely sharing of classified information
regarding subsea communications infrastructure sabotage, any
indications of potential sabotage, and other threats to
subsea communications infrastructure with non-Federal
entities that possess the necessary security clearances;
(2) to facilitate the timely sharing between members of the
interagency committee and non-Federal entities of information
related to subsea communications infrastructure sabotage,
information relating to indications of potential sabotage, or
other threats when such information can be declassified and
shared at an unclassified level;
(3) to promote the timely sharing by members of the
interagency committee to non-Federal entities, and the
voluntary, cooperative sharing by non-Federal entities to
members of the interagency committee, of unclassified,
including controlled unclassified, information regarding
subsea communications infrastructure sabotage, indications of
potential sabotage, and other threats to subsea
communications infrastructure; and
(4) to support the prevention or mitigation of adverse
effects from sabotage or other threats to subsea
communications infrastructure through the timely sharing by
members of the interagency committee to non-Federal entities,
and the voluntary cooperative sharing by non-Federal entities
to members of the interagency committee, when and if
appropriate, of information relating to indications of
potential subsea communications infrastructure sabotage.
(b) Development of Procedures.--The procedures developed in
accordance with this section shall--
(1) ensure the Federal departments and agencies that are
members of the interagency committee have and maintain the
capacity to identify and inform in near real time information
regarding subsea communications infrastructure sabotage and
indications of potential subsea communications infrastructure
sabotage to other appropriate Federal agencies or non-Federal
entities consistent with the protection of classified
information;
(2) incorporate, whenever possible, existing processes,
roles, and responsibilities of members of the interagency
committee and non-Federal entities for information sharing,
including subsea communications infrastructure-specific
information sharing and analysis entities; and
(3) require members of the interagency committee and other
appropriate Federal agencies which are sharing subsea
communications infrastructure sabotage indicators or
defensive measures to employ any applicable security controls
to defend against unauthorized access to or acquisition of
such information.
(c) Submittal to Congress.--The Director of National
Intelligence, in consultation with the members of the
interagency committee, shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate congressional
committees the procedures required under subsection (b); and
(2) not later than one year after submitting such
procedures, and annually thereafter for 5 years, submit to
Congress a report on the implementation and execution of
information sharing with non-Federal entities in the previous
year pursuant to subsection (a).
PART IV--LIMITATIONS AND RULE OF CONSTRUCTION
SEC. 8764. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed--
(1) to confer any new regulatory authority on, or to modify
any existing regulatory of, any Federal department or agency
with respect to owners and operators of critical undersea
infrastructure, to authorize the provision of subsidies to
critical undersea infrastructure, or to alter the
responsibility of the private sector for the deployment,
operation, maintenance, security, and repair of critical
undersea infrastructure;
(2) to involuntarily require non-Federal entities to share
proprietary or confidential business information with the
United States Government;
(3) to alter existing statutory authorities or criteria
governing communications services, or the licensing
permitting, or authorization of submarine cable landings,
spectrum, or domestic communications regulation, including
any requirements under the Act of May 27, 1921 (47 U.S.C. 34
et seq.; commonly known as the ``Cable Landing Licensing
Act'') or related statutes;
(4) to create any new requirement that non-Federal entities
obtain additional Federal approvals, beyond those already
required under existing law, before planning, constructing,
operating, maintaining, or repairing critical undersea
infrastructure; or
(5) to authorize any Federal department or agency to
direct, approve, or veto the day-to-day operational decisions
of owners or operators of critical undersea infrastructure,
including route selection, maintenance scheduling, or other
commercial decisions except as expressly provided by other
applicable law.
Subtitle F--Countering China's Control of the Caucasus Act
SEC. 8771. SHORT TITLE.
This subtitle may be cited as the ``Countering China's
Control of the Caucasus Act of 2026''.
SEC. 8772. REPORTS AND BRIEFINGS.
(a) Report on Russian and Chinese Intelligence Assets in
Georgia.--
(1) Defined term.--In this section, the term ``relevant
congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Foreign Affairs of the House of
Representatives;
(F) the Permanent Select Committee on Intelligence of the
House of Representatives;
(G) the Committee on Armed Services of the House of
Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Director of National Intelligence and the Secretary
of Defense, shall submit a classified report, as appropriate,
to the relevant congressional committees that meets the
requirements set forth in paragraph (3).
(3) Contents.--The report required under paragraph (2)
shall--
(A) be prepared consistent with the protection of sources
and methods;
(B) examine the penetration of Russian and Chinese
intelligence elements and their assets in Georgia; and
(C) examine the potential intersection of Russian and
Chinese influence and cooperation in Georgia.
(b) 5-Year United States Strategy for Bilateral Relations
With Georgia.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
relevant congressional committees a detailed strategy that--
(A) outlines specific objectives for enhancing bilateral
ties which reflect the current domestic political environment
in Georgia;
(B) includes a determination of the tools, resources, and
funding that should be available to achieve the objectives
outlined pursuant to subparagraph (A) and an assessment of
whether Georgia should remain a top recipient of United
States funding in the Europe and Eurasia region;
(C) includes a determination of the extent to which the
United States should continue to invest in its partnership
with Georgia; and
(D) includes a determination of whether the Government of
Georgia remains committed to expanding trade ties with the
United States and Europe and whether the United States
Government should continue to invest in Georgian projects.
[[Page S4069]]
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, with a classified annex.
Subtitle G--Saving Lives and Taxpayer Dollars Act
SEC. 8776. ANNUAL REPORT.
(a) Short Title.--This section may be cited as the ``Saving
Lives and Taxpayer Dollars Act''.
(b) In General.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter through
December 31, 2030, the Secretary, in coordination with the
head of the relevant Federal department or agency responsible
for administering assistance under part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or under the
Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq)
shall submit a report to the appropriate congressional
committees that describes any foreign assistance product or
commodity that, despite all reasonable efforts to prevent
contamination, spoilage, or expiration or, having reached the
end of a product's useful life under the laws of the United
States or of the recipient country, was destroyed during the
reporting period.
(c) Contents.--The report required under subsection (b)
shall include, for each product or commodity that was
contaminated, spoiled, expired, or reached the end of its
useful life and was destroyed--
(1) a description of the reasonable efforts made to prevent
waste and ensure the product or commodity reached the
intended beneficiaries;
(2) the reason the product or commodity could not be made
available to the intended beneficiaries, including a
description of any relevant domestic laws or regulations of
the intended beneficiary country that impeded or prohibited
the delivery, donation or sale of such product or commodity
prior to its spoilage, expiration date, or the date on which
the product reached the end of its useful life;
(3) the purpose of the product or commodity and the
geographic locations of the intended beneficiaries of such
product or commodity;
(4) the procured and market value of the products or
commodity; and
(5) the cost incurred to destroy the product or commodity,
as applicable.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Foreign assistance product or commodity.--The term
``foreign assistance product or commodity'' means any product
or commodity provided by the United States Government under
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) or under the Food for Peace Act (Public Law 83-480;
7 U.S.C. 1721 et seq.), including food, specialized nutrition
products, medicines, vaccines, and medical supplies and
devices that are procured, acquired, managed, controlled, or
held in warehouse, ships, shipping containers, or any other
storage facility, by the United States Government or an
implementing partner of the United States Government.
(3) Reporting period.--The term ``reporting period''
means--
(A) with respect to the initial report required under
subsection (b), the period beginning on the date of the
enactment of this Act and ending on the date on which such
report is submitted to the appropriate congressional
committees; and
(B) with respect to all subsequent reports required under
subsection (b), the period beginning on the day after the
date on which the prior report was submitted pursuant to
subsection (b) and ending on the date on which the next
report is submitted.
Subtitle H--Reporting on Syria
SEC. 8781. REPORT ON THE IMPACT OF UNITED STATES ASSISTANCE.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report that--
(1) describes the foreign assistance strategy of the United
States in support of United States-Syria policy; and
(2) provides comprehensive details on foreign assistance
programs (including humanitarian and nonhumanitarian efforts)
inside Syria that have been paused or canceled since January
2025.
(b) Elements.--The report required under subsection (a)
shall include, at a minimum, the following elements:
(1) A listing of any United States foreign assistance
program currently operating in Syria, including a description
of the scope of each program and how each program serves
United States objectives in Syria.
(2) A description of efforts to leverage international
donors, multilateral organizations, charities, or other
external funders to fill gaps, where they exist.
(3) An accounting of all sustained and ongoing humanitarian
and foreign assistance programs inside Syria, including a
comprehensive description of each project, any supporting
organizations, relevant details related to funding,
performance metrics, progress towards meeting United States
objectives, and other relevant details, as needed.
SEC. 8782. STRATEGY ON ISIS-RELATED DETAINEE AND DISPLACEMENT
CAMPS IN SYRIA.
Section 1262 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) is amended--
(1) in subsection (e)(1), by inserting ``, and annually
thereafter through January 2029,'' after ``Not later than 180
days after the date of the enactment of this Act''; and
(2) in subsection (f)(1)--
(A) in the matter preceding subparagraph (A), by striking
``January 31, 2025'' and inserting ``January 31, 2029''; and
(B) in subparagraph (A), by striking clause (ii) and
inserting the following:
``(ii) an assessment of the status of all United States
efforts, including via foreign assistance, to encourage and
facilitate repatriation and reintegration of all individuals
from such camps, consistent with all relevant domestic and
applicable international laws;''.
SEC. 8783. STRATEGY FOR ENGAGEMENT WITH SYRIAN AUTHORITIES
AND FOR EVALUATING SECURITY AT THE UNITED
STATES MISSION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should take measures to expand its
engagement with Syrian authorities in support of mutual
national security interests, such as combating terrorism,
eliminating chemical weapons, and mitigating Captagon
smuggling; and
(2) the Department should take measures to evaluate and
mitigate known security vulnerabilities at the United States
mission in Damascus in support of eventually reopening the
embassy compound for official usage.
(b) Report Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and every 180 days thereafter
until January 1, 2029, the Secretary shall submit to the
appropriate committees of Congress a report describing the
strategy of the United States to establish and sustain
deepened engagement with Syrian authorities and assesses in
detail the security conditions at the United States mission
in Damascus and any known security preparations to re-
establish operations on the compound.
(2) Elements.--The report required under paragraph (1)
shall include, at a minimum, the following elements:
(A) A strategy to strengthen and sustain broader United
States engagement with Syrian authorities, which includes
policy objectives, staffing plans domestically and overseas,
regional engagement efforts, and efforts to engage Syrians,
including activists, political groups, and civil society
organizations.
(B) A detailed accounting of progress made on the
engagement strategy, including meetings, travel, staffing
patterns and changes, and notable gaps or areas where
additional engagement is needed.
(C) A comprehensive assessment of security conditions at
the United States mission in Damascus, any notable changes or
progress made towards hardening security, and any progress
towards re-establishing a permanent presence or re-opening
the embassy.
SEC. 8784. STRATEGY TO ENSURE THE ENDURING DEFEAT OF ISIS IN
SYRIA.
(a) Strategy Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary, in
consultation with the Secretary of Defense and the heads of
other appropriate Federal agencies, shall jointly develop and
submit to the appropriate committees of Congress a strategy
to combat and prevent the further resurgence of ISIS and its
affiliates in Syria.
(b) Elements of the Strategy.--The strategy required under
subsection (a) shall include the following elements:
(1) A summary of the United States national security
interests in Syria and the impact a resurgence of ISIS would
have on those interests.
(2) A comprehensive assessment of current training and
support programs by agency or department, specifically
focused on countering ISIS and other terrorist organizations,
including nonlethal assistance, training, and organizational
capacity for the Syrian authorities and others to counter
gains by ISIS and its affiliates.
(3) A detailed description of United States Government
efforts to support, develop, and expand the capacity of
Syrian authorities to combat ISIS and prevent its return.
(4) An estimate of the number of current, active ISIS
members in Iraq and Syria, including an assessment of those
being held in detainee camps or prisons.
(5) A comprehensive plan to repatriate or secure ISIS
detainees currently being held in Syria and Iraq, including--
(A) repatriation, transfer, prosecution, and intelligence-
gathering;
(B) coordinating a whole-of-government approach with other
countries and international organizations, including
INTERPOL, to ensure secure chains of custody and locations of
ISIS foreign terrorist fighter detainees;
(C) coordinating technical and evidentiary assistance to
foreign countries to aid in the successful prosecution of
ISIS foreign terrorist fighter detainees;
(D) all multilateral and international engagements led by
the Department and other agencies that are related to the
current and
[[Page S4070]]
future handling, detention, and prosecution of ISIS foreign
terrorist fighter detainees;
(E) engagement with international partners on legal,
tenable mechanisms for repatriating foreign fighters; and
(F) a plan for how funds in appropriations Acts will
support disarmament, demobilization, disengagement,
deradicalization, and reintegration of current and former
members and affiliates of ISIS and their family members.
(6) A description, which may be in classified form, of ISIS
senior leadership and infrastructure and efforts to target
leadership figures.
(7) A comprehensive description of the activities of the
United States Government, utilizing social media and other
communication technologies, to counter ISIS's propaganda and
influence and its ability to use such technologies to recruit
fighters domestically and internationally, including through
private technology companies, and a description of how such
activities are being coordinated across the United States
Government.
(8) A description of the steps taken by the United States
Government, including through the use of economic sanctions
to deny financial resources to ISIS and its affiliates, in
conjunction with international partners and financial
institutions.
(9) A description of United States Government efforts to
support credible war crimes prosecutions against ISIS
fighters.
(10) A plan to ensure the delivery of humanitarian and
reintegration assistance.
SEC. 8785. DEFINED TERM.
In this subtitle, the term ``appropriate committees of
Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Armed Services of the House of
Representatives.
Subtitle I--Additional Authorities
SEC. 8791. REPEALS OF SYRIA SANCTIONS STATUTES.
(a) Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003.--The Syria Accountability and
Lebanese Sovereignty Restoration Act of 2003 (Public Law 108-
175; 22 U.S.C. 2151 note) is repealed.
(b) Syria Human Rights Accountability Act of 2012.--The
Syria Human Rights Accountability Act of 2012 (title VII of
Public Law 112-158; 22 U.S.C. 8701 et seq.) is repealed.
SEC. 8792. ESTABLISHMENT OF UKRAINE LESSONS LEARNED TASK
FORCE.
(a) Establishment.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary, the Director of National
Intelligence, and the Chairman of the Joint Chiefs of Staff,
shall establish a joint interagency task force, to be known
as the ``Ukraine Lessons Learned Task Force'' (referred to in
this section as the ``Task Force'').
(b) Purposes.--The purposes of the Task Force are--
(1) identifying, evaluating, and synthesizing key
battlefield innovations, operational practices, and defense
strategies employed by Ukraine in its resistance to Russian
aggression;
(2) assessing the relevance of such lessons to United
States military doctrine, training, logistics, acquisition,
and strategic planning;
(3) recommending specific changes or pilot programs to
integrate such lessons into United States defense systems;
(4) identifying vulnerabilities in United States systems
highlighted by Ukraine's experience, including through joint
operations such as Operation Spider Web; and
(5) coordinating with NATO allies and Ukrainian defense
counterparts, as appropriate.
(c) Reporting Requirements.--
(1) Annual report to congress.--Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary of
Defense, in coordination with the Secretary, the Director of
National Intelligence, and the Chairman of the Joint Chiefs
of Staff, shall submit to the appropriate committees of
Congress a report that includes--
(A) a summary of the findings and assessments conducted by
the Task Force;
(B) recommendations for changes to doctrine, training,
acquisition, or organizational structure;
(C) an overview of any pilot programs or implementation
actions taken in response to such recommendations; and
(D) a classified annex with detailed assessments, to the
extent necessary.
(2) Public version.--An unclassified version of the report
required under paragraph (1) that excludes sensitive and
classified information shall be made available to the public
through a public website.
(d) Integration Into Military Training and Strategy.--The
Secretary of Defense and the Chairman of the Joint Chiefs of
Staff shall ensure that relevant findings from the Task Force
are--
(1) incorporated into professional military education
curricula, including at the National Defense University,
service academies, and war colleges;
(2) reflected in joint and service-specific training
exercises and war games; and
(3) considered in the development of future operational
concepts and planning scenarios.
(e) NATO and Allied Coordination.--The Secretary, in
coordination with the Secretary of Defense and the Chairman
of the Joint Chiefs of Staff, shall coordinate with NATO
allies--
(1) to share and compare assessments of lessons learned
from Ukraine's defense;
(2) to promote interoperability in defense innovation; and
(3) to explore the establishment of a multilateral
``Defense Innovation Lessons Hub'' or similar mechanism.
(f) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Appropriations of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(8) the Committee on Appropriations of the House of
Representatives.
(g) Sunset.--This section shall cease to have any force or
effect beginning on the date that is 5 years after the date
of the enactment of this Act.
Subtitle J--Exception Relating to Importation of Goods
SEC. 8795. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(1) In general.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
requirement to impose sanctions on the importation of goods.
(2) Defined term.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
DIVISION H--SAFER STREETS AND COMMUNITIES
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``James
T. Woods Community Safety Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
TITLE I--JAMES T. WOODS ACT
Sec. 101. Short title.
Subtitle A--SAFE Act
Sec. 111. Short title.
Sec. 112. Findings.
Sec. 113. Amendment of Federal sentencing guideline relating to child
sexual abuse material.
Subtitle B--Ending Coercion of Children and Harm Online
Sec. 121. Short title.
Sec. 122. Coercion of children to commit harm.
Sec. 123. Clerical and conforming amendments.
Sec. 124. Severability.
Subtitle C--Stop Sextortion
Sec. 131. Short title.
Sec. 132. Criminalizing threats to distribute child sexual abuse
material.
Sec. 133. Penalties for threats to distribute child sexual abuse
material.
Sec. 134. Severability.
TITLE II--COMBATING ORGANIZED RETAIL CRIME
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Amendments to title 18, United States Code.
Sec. 204. Establishment of a Center to Combat Organized Retail and
Supply Chain Crime.
TITLE III--LIEUTENANT OSVALDO ALBARATI STOPPING PRISON CONTRABAND ACT
Sec. 301. Short title.
Sec. 302. Prohibited provision of a phone.
Sec. 303. Review of policies.
TITLE IV--COMBATING ILLICIT XYLAZINE
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Adding xylazine to schedule III.
Sec. 404. Amendments.
Sec. 405. Arcos tracking.
Sec. 406. Sentencing Commission.
Sec. 407. Report to Congress on xylazine.
TITLE I--JAMES T. WOODS ACT
SEC. 101. SHORT TITLE.
This tile may be cited as the ``James T. Woods Act''.
Subtitle A--SAFE Act
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Sentencing
Accountability For Exploitation Act'' or the ``SAFE Act''.
SEC. 112. FINDINGS.
Congress finds the following:
[[Page S4071]]
(1) Over many years, the complexity and scale of online
child sex offenses have worsened, as offenders have taken
advantage of technological developments to target and
victimize ever-increasing numbers of children.
(2) In addition, offenders have pursued increasingly
dangerous ways of victimizing children, including by
resorting to organized efforts at extorting and manipulating
children into engaging in sexually explicit conduct and other
types of degrading and dangerous acts.
(3) Offenders have also been increasingly adept at
globalizing their offenses, including by, for example, paying
adults overseas to provide customized child sexual abuse
material, which may be video recorded or live-streamed, to
offenders in the United States.
(4) Meanwhile, as the complexity, scale, and dangerousness
of online child sex crimes has worsened, long-existing sex
crimes against children continue to flourish on the dark web,
through social media and related applications, and otherwise.
(5) Effective investigation and prosecution are a critical
component of the efforts of the United States to keep
children safe, punish those who victimize them, and deter
would-be offenders. It is imperative that the Federal
sentencing guidelines account for these interests and ensure
that offenders face advisory sentencing ranges that
appropriately account for the scale, complexity, and
dangerousness of these offenses.
SEC. 113. AMENDMENT OF FEDERAL SENTENCING GUIDELINE RELATING
TO CHILD SEXUAL ABUSE MATERIAL.
(a) Definitions.--In this section:
(1) Child.--The term ``child'' means an individual who has
not attained 18 years of age.
(2) Child sexual abuse material.--The term ``child sexual
abuse material'' has the meaning given the term ``child
pornography'' in section 2256(8) of title 18, United States
Code.
(3) Prohibited conduct against a child.--The term
``prohibited conduct against a child''--
(A) means--
(i) conduct committed against a child relating to--
(I) kidnapping;
(II) illegal sexual abuse, contact, or activity;
(III) live streaming of child sexual abuse;
(IV) using a child to produce child sexual abuse material;
or
(V) sexual exploitation, including child sex trafficking;
or
(ii) an attempt or conspiracy to engage in any conduct
described in subclauses (I) through (V) of clause (i);
(B) does not include--
(i) conduct involving or similar to advertising,
transporting, mailing, distributing, receiving, possession,
accessing, or viewing child sexual abuse material; or
(ii) acquitted conduct, to the extent that such conduct is
excluded from the scope of relevant conduct under section
1B1.3(c) of the United States Sentencing Guidelines Manual;
and
(C) does not require a conviction.
(b) Directive.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and amend the Federal
sentencing guidelines and policy statements applicable to
persons convicted of an offense under section 1466A,
2251(d)(1)(A), 2252, 2252A, or 2260(b) of title 18, United
States Code, in order to reflect the intent of Congress that
penalties for the offense under the guidelines and policy
statements--
(1) appropriately account for--
(A) the actual and potential harm to victims and to the
public from the offense; and
(B) changes that have occurred since the relevant
guidelines and policy statements were last amended with
respect to--
(i) typical offense behavior; and
(ii) the use of modern computer and internet technologies;
and
(2) to better reflect the current spectrum of offender
culpability.
(c) Requirements.--In carrying out subsection (b), the
United States Sentencing Commission shall--
(1) ensure that the Federal sentencing guidelines and
policy statements reflect--
(A) the seriousness of the offenses described in that
subsection;
(B) the need to afford adequate deterrence to commission of
the offenses;
(C) the need for just punishment for the offenses;
(D) the need to protect the public from further crimes of a
defendant convicted of any such offense; and
(E) the need to differentiate among offenders based on
their culpability and potential dangerousness;
(2) avoid duplicative punishment within the applicable
guidelines and under the Federal sentencing guidelines for
substantially the same conduct;
(3) develop a guideline that accounts for--
(A) whether, prior to, during, or after the offense at
issue, the defendant engaged in, conspired to engage in, or
attempted to engage in--
(i) an act of prohibited conduct against a child; or
(ii) a pattern of activity involving prohibited conduct
against a child, whether involving a single victim or
multiple victims;
(B) whether, prior to, during, or after the offense at
issue, the defendant--
(i) participated in a group dedicated to child sexual abuse
material or prohibited conduct against a child; or
(ii) encouraged, instructed, required, or similarly caused
another individual to commit an offense involving child
sexual abuse material or prohibited conduct against a child;
(C) whether the defendant engaged in multiple acts, not
accounted for in the defendant's criminal history or counts
of conviction, involving child sexual abuse material over an
extended period of time or with a high degree of frequency;
(D) whether the defendant intentionally used, or promoted
the use of, software, technology, procedures, or any other
means to conceal the offense or the identity or location of
the defendant or any victim, or to destroy evidence for an
improper purpose, unless accounted for in the conduct of
conviction;
(E) whether 3 or more online channels, technologies,
platforms, or methods were used to commit the offense;
(F) gradations in--
(i) the severity of the depicted sexually explicit conduct,
including especially severe physical or emotional trauma; and
(ii) the age or physical development of the minor;
(G) the number of items of child sexual abuse material or
the number of victims involved in the offense;
(H) whether the offense involved distribution of child
sexual abuse material, accounting for the nature of the
distribution, including--
(i) distribution in order to receive any valuable
consideration; and
(ii) distribution through any method that does not limit
who can obtain the material or how many individuals can
obtain the material;
(I) whether the offense involved the production, creation,
or manufacture of child sexual abuse material that is not
subject to the cross reference in section 2G2.2(c)(1) of the
United States Sentencing Guidelines Manual to section 2G2.1
of the Manual;
(J) whether the offense was the direct and proximate cause
of the victim's death by suicide; and
(K) any other conduct or factors that the United States
Sentencing Commission determines appropriate to reflect the
seriousness of the offense and differentiate among offenders;
(4) make any necessary conforming changes to the
guidelines; and
(5) ensure that the guidelines adequately meet the purposes
of sentencing, as set forth in section 3553(a)(2) of title
18, United States Code.
(d) Authority for United States Sentencing Commission.--In
carrying out this section, the United States Sentencing
Commission--
(1) may amend provisions of the Federal sentencing
guidelines that were promulgated pursuant to any other
specific congressional directives or legislation directly
amending the guidelines and promulgate amendments that would
result in sentencing ranges different than those that would
have applied under such directives or legislation; and
(2) in developing a guideline that comports with the
requirements of this section, particularly accounting for the
factors set forth in subsection (c)(3)--
(A) may--
(i) design the specific offense characteristics, including
the increase in offense level that each offense
characteristic would provide; and
(ii) define any terms; and
(B) may not lower the applicable base offense level
provided in section 2G2.2(a) of the United States Sentencing
Guidelines Manual as in effect on the date of enactment of
this Act.
(e) Repeals.--
(1) Laws.--The following provisions of law are repealed:
(A) Section 632 of the Treasury, Postal Service and General
Government Appropriations Act, 1992 (28 U.S.C. 994 note;
Public Law 102-141).
(B) Sections 2 and 3 of the Sex Crimes Against Children
Prevention Act of 1995 (28 U.S.C. 994 note; Public Law 104-
71).
(C) Section 401(i)(1) of the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of
2003 (28 U.S.C. 994 note; Public Law 108-21).
(2) Guidelines.--Section 2G2.2(b) of the United States
Sentencing Commission Guidelines Manual is amended by
striking paragraph (7).
(3) Effective date.--The amendments made by this subsection
shall take effect on the date on which the amendments to the
Federal sentencing guidelines and policy statements required
under subsection (b) take effect.
Subtitle B--Ending Coercion of Children and Harm Online
SEC. 121. SHORT TITLE.
This title may be cited as the ``Ending Coercion of
Children and Harm Online Act'' or the ``ECCHO Act''.
SEC. 122. COERCION OF CHILDREN TO COMMIT HARM.
Chapter 110A of title 18, United States Code, is amended by
inserting after section 2261B the following:
``Sec. 2261C. Coercion of children to commit harm
``(a) Definitions.--For purposes of this section:
[[Page S4072]]
``(1) Coerce.--The term `coerce' includes the use of
extortion, threats, fraud, deceit, duress, intimidation,
harassment, humiliation, degradation, or manipulation.
``(2) Minor.--The term `minor' means any individual who has
not attained the age of 18 years.
``(3) Substantial bodily injury.--The term `substantial
bodily injury' has the meaning given that term in section
113.
``(b) Offense.--It shall be unlawful for any person, using
the mail or any facility or means of interstate or foreign
commerce, or within the special maritime and territorial
jurisdiction of the United States, to intentionally coerce a
minor, directly or through an intermediary, to--
``(1)(A) die by suicide or attempt to die by suicide; or
``(B) kill or attempt to kill any individual;
``(2) kill or attempt to kill any pet, emotional support
animal, service animal, or horse;
``(3) strangle, suffocate, poison, burn, lacerate, or
inflict serious bodily injury or substantial bodily injury on
any individual (including the minor), pet, emotional support
animal, service animal, or horse; or
``(4) commit or attempt to commit arson.
``(c) Penalty.--Any person who violates, or attempts or
conspires to violate--
``(1) subparagraph (A) or (B) of subsection (b)(1) shall be
fined under this title, imprisoned for any term of years or
life, or both; or
``(2) paragraph (2), (3), or (4) of subsection (b) shall be
fined under this title, imprisoned for not more than 30
years, or both.''.
SEC. 123. CLERICAL AND CONFORMING AMENDMENTS.
(a) Clerical Amendment.--The table of sections for chapter
110A of title 18, United States Code, is amended by inserting
after the item relating to section 2261B the following:
``2261C. Coercion of children to commit harm.''.
(b) Conforming Amendments.--
(1) Title 18.--
(A) Chapter 110.--Chapter 110 of title 18, United States
Code, is amended--
(i) in section 2252A(g), by inserting ``section 2261C,''
after ``section 1591,''; and
(ii) in section 2258A--
(I) in subsection (a)--
(aa) in paragraph (1)(A), by striking ``online child sexual
exploitation and to prevent the online sexual exploitation of
children'' and inserting ``, and to prevent, online child
sexual exploitation and online coercion of children''; and
(bb) in paragraph (2)(A)--
(AA) by striking ``or 2260 that involves child
pornography,'' and inserting ``2260, 2261C, or 2422(b), or'';
and
(BB) by striking ``, or of 2422(b)'';
(II) in subsection (b), in the matter preceding paragraph
(1), by striking ``sexual'' and inserting ``online'';
(III) in subsection (c)--
(aa) in paragraph (1), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children'';
(bb) in paragraph (2), by inserting ``or kidnapping, online
coercion, or enticement crimes involving children'' after
``sexual exploitation''; and
(cc) in paragraph (3), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children'';
(IV) in subsection (d)(5)(A)(ii)(II), by striking ``,
kidnapping, or enticement crimes'' and inserting ``or
kidnapping, online coercion, or enticement crimes involving
children'';
(V) in subsection (g)(3)--
(aa) in subparagraph (A), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children'';
(bb) in subparagraph (B), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children''; and
(cc) in subparagraph (C), by striking ``, kidnapping, or
enticement crimes'' and inserting ``or kidnapping, online
coercion, or enticement crimes involving children''; and
(VI) in subsection (h)(5), by striking ``the proliferation
of online child sexual exploitation or preventing the online
sexual exploitation of children'' and inserting ``or
preventing the proliferation of online child sexual
exploitation or online coercion of children''.
(B) Section 3509.--Section 3509(a)(2)(A) of title 18,
United States Code, is amended by striking ``physical abuse,
sexual abuse, or exploitation'' and inserting ``child
abuse''.
(C) Section 5032.--Section 5032 of title 18, United States
Code, is amended--
(i) in the first undesignated paragraph--
(I) by striking ``or section 1002(a)'' and inserting
``section 1002(a)''; and
(II) by striking ``section 922(x) or section 924(b), (g),
or (h) of this title'' and inserting ``or section 922(x),
section 924(b), (g), or (h), or section 2261C(b)(1) or (2) of
this title''; and
(ii) in the fourth undesignated paragraph, by striking
``section 922(x) of this title, or in section 924(b), (g), or
(h) of this title'' and inserting ``section 922(x), section
924(b), (g), or (h), or section 2261C(b)(1) or (2) of this
title''.
(2) PROTECT our children act of 2008.--Section 2 of the
PROTECT Our Children Act of 2008 (34 U.S.C. 21101) is amended
by striking paragraph (1) and inserting the following:
``(1) Child exploitation.--The term `child exploitation'
means--
``(A) any conduct, attempted conduct, or conspiracy to
engage in conduct that--
``(i) violates chapter 110 or section 2261C, 2422(b), or
2423 of title 18, United States Code; or
``(ii) involves a minor and violates section 1591 or
chapter 109A of title 18, United States Code; or
``(B) any sexual activity involving a minor for which any
person can be charged with a criminal offense.''.
(3) Delayed applicability of provider duty to report.--The
amendment made to section 2258A(a)(1)(A) of title 18, United
States Code, by paragraph (1)(A)(ii)(I)(aa) of this
subsection, shall apply on and after the date that is 1 year
after the date of enactment of this Act.
SEC. 124. SEVERABILITY.
If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle, the
amendments made by this subtitle, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
Subtitle C--Stop Sextortion
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ``Stop Sextortion Act''.
SEC. 132. CRIMINALIZING THREATS TO DISTRIBUTE CHILD SEXUAL
ABUSE MATERIAL.
Title 18, United States Code, is amended--
(1) in section 2252--
(A) in subsection (a)(2)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``, or threatens to distribute any visual
depiction with intent to intimidate, coerce, extort, or cause
substantial emotional distress to any person,'' after
``distributes, any visual depiction'';
(II) by striking ``foreign commerce or that'' and inserting
``foreign commerce, or involving a visual depiction that'';
and
(III) by striking ``, or which contains materials which
have been mailed or so shipped or transported,''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Whoever'' and inserting
``Except as provided in paragraph (3), whoever''; and
(ii) by adding at the end the following:
``(3) Whoever violates, or attempts or conspires to
violate, subsection (a)(2) for threatening to distribute any
visual depiction, as described in that subsection, shall be
punished as provided in paragraph (2) of this subsection if
no such visual depiction existed.''; and
(2) in section 2252A--
(A) in subsection (a)(2)(A)--
(i) by inserting ``, or threatens to distribute any child
pornography with intent to intimidate, coerce, extort, or
cause substantial emotional distress to any person,'' after
``any child pornography''; and
(ii) by striking ``foreign commerce or that'' and inserting
``foreign commerce, or involving any child pornography
that''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Whoever'' and inserting
``Except as provided in paragraph (4), whoever''; and
(ii) by adding at the end the following:
``(4) Whoever violates, or attempts or conspires to
violate, subsection (a)(2)(A) for threatening to distribute
any child pornography, as described in that subsection, shall
be punished as provided in paragraph (2) of this subsection
if no such child pornography existed.''.
SEC. 133. PENALTIES FOR THREATS TO DISTRIBUTE CHILD SEXUAL
ABUSE MATERIAL.
(a) In General.--Title 18, United States Code, is amended--
(1) in section 1466A--
(A) in subsection (a), in the matter preceding subsection
(b), by inserting ``, but if the offense involves the knowing
use of a visual depiction of a minor engaged in sexually
explicit conduct, with the intent to intimidate, coerce,
extort, or cause substantial emotional distress to any
person, the maximum term of imprisonment provided in section
2252A(b)(1) shall be increased by 10 years'' before the
period at the end; and
(B) in subsection (b), in the matter preceding subsection
(c), by inserting ``, but if the offense involves the knowing
use of a visual depiction of a minor engaged in sexually
explicit conduct, with the intent to intimidate, coerce,
extort, or cause substantial emotional distress to any
person, the maximum term of imprisonment provided in section
2252A(b)(2) shall be increased by 10 years'' before the
period at the end; and
(2) in section 2260A--
(A) in the section heading, by striking ``Penalties for
registered sex offenders'' and inserting ``Other offenses and
penalties'';
(B) by striking ``Whoever'' and inserting the following:
``(1) Offenses by registered sex offenders.--Whoever''; and
(C) by adding at the end the following:
``(2) Additional penalties.--If any offense under section
875(d), 2251, 2252, 2252A, or 2260 involves the knowing use
of child pornography with the intent to intimidate, coerce,
extort, or cause substantial emotional distress to any
person, the maximum term of imprisonment provided in section
875(d), 2251(e), 2252(b), 2252A(b), or 2260(c) shall be
increased by 10 years.''.
(b) Clerical Amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by striking
the item
[[Page S4073]]
relating to section 2260A and inserting the following:
``2260A. Other offenses and penalties.''.
SEC. 134. SEVERABILITY.
If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle, the
amendments made by this subtitle, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
TITLE II--COMBATING ORGANIZED RETAIL CRIME
SEC. 201. SHORT TITLE.
This title may be cited as the ``Combating Organized Retail
Crime Act of 2026''.
SEC. 202. FINDINGS.
It is the sense of Congress that--
(1) organized theft groups, involving sophisticated and
structured groups of individuals, continue to increase
criminal activities carried out by the groups against the
retail industry and the supply chain of the Nation, and these
activities, at unprecedented levels, involve theft and fraud
of both physical and digital goods, leading to escalating
financial losses and violence in the workplace--all impacting
the national economy and security of the United States;
(2) retailers face mounting thefts and fraud because of
organized retail crime in and around stores, online, and
throughout the retail ecosystem, and, according to the
National Retail Federation, larceny incidents increased by 93
percent in 2023 compared to 2019, with a 90 percent rise in
average dollar loss;
(3) these thefts are often orchestrated by organized theft
groups reselling and redistributing the stolen goods back
into the economy of the United States or overseas to gain
illicit profit and to finance other criminal activity, and
more than 84 percent of retailers report that violence and
aggression from these criminal activities has become more of
a concern since 2022, resulting in injuries and deaths among
employees, customers, security officers, and law enforcement
personnel;
(4) product manufacturers and the supply chain of the
Nation are victims of alarming increases in cargo theft
across rails, roads, and the various distribution points
across the Nation;
(5) CargoNet, a database of reported incidents in the
United States, reported a 27 percent increase in cargo theft
incidents in 2024 compared to the previous year, while during
the same period, the average value per theft rose to over
$202,000;
(6) these thefts range from large-scale physical theft of
goods from containers and storage to sophisticated
cybercriminal methods that divert shipments to illicit
receivers, causing significant financial losses and
operational supply chain disruptions;
(7) since 2022, more than 30 State laws have been enacted
to address organized theft, allow for aggregation of thefts,
and adjust penalties and enhancements, including in 2024,
California voters overwhelmingly approving a constitutional
reform to allow aggregation of multiple or repeated thefts;
(8) although larceny and organized retail crime are
sometimes prosecuted at State and local levels, States face
resource and investigative challenges from groups operating
beyond local, State, and regional law enforcement
capabilities, and more needs to be done to address the cross-
jurisdictional, interstate, and international aspects of
these crimes;
(9) organized theft groups vary in scope and scale,
operating across State jurisdictions to avoid or disrupt
local, State, and Tribal law enforcement response, and these
organized theft groups build hierarchies to easily
redistribute stolen goods and illicit profits back into the
economy of the United States or overseas with disregard for
product and consumer safety;
(10) the groups exist and operate at the local, regional,
and transnational level, targeting goods that include raw and
finished materials, various branded retail products across
all consumer categories, operational assets in retail
commerce such as reusable transport packaging products, and
consumable goods including agriculture, food products, and
medicines;
(11) these groups are often polycriminal organizations,
using profit from the reselling of stolen goods to support
crimes involving drugs and weapons trafficking;
(12) the organized theft groups engage in human smuggling
and have been known to use migrants to commit crimes to
support the organizations;
(13) the groups move products and illicit proceeds beyond
the borders of the United States, funding nefarious groups
and activities and threatening the integrity of the
international economy;
(14) organized theft groups--
(A) threaten the safety and liberty of individuals in the
United States when those individuals engage in commerce;
(B) impact the ability of the Nation to distribute goods to
consumers, undermine consumer confidence in the supply chain,
and threaten the integrity of agricultural and consumable
goods;
(C) erode the national economy by increasing the cost of
goods, resulting in higher prices for consumers, reducing tax
revenues, and impacting employees, customers, and businesses
alike; and
(D) impact the national security of the United States
through financing transnational criminal activity and
providing profit and proceeds supporting larger criminal
goals of the criminal organizations; and
(15) it has become necessary for Congress to--
(A) amend title 18, United States Code, to ensure that law
enforcement has the legal tools necessary to combat organized
retail crime in the same capacity that law enforcement is
able to combat theft and diversion from other portions of the
supply chain; and
(B) direct the executive branch to create a central
coordination center to align Federal, State, local,
territorial, and Tribal efforts to combat organized retail
crime and organized supply chain crime.
SEC. 203. AMENDMENTS TO TITLE 18, UNITED STATES CODE.
Part I of title 18, United States Code, is amended--
(1) in section 982(a)(5)--
(A) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively;
(B) by inserting after subparagraph (B) the following:
``(C) section 659 (interstate or foreign shipments by
carrier; State prosecutions);'';
(C) in subparagraph (E), as so redesignated, by striking
``; or'' and inserting a semicolon; and
(D) by inserting after subparagraph (F), as so
redesignated, the following:
``(G) section 2314 (transportation of stolen goods,
securities, moneys, fraudulent State tax stamps, or articles
used in counterfeiting); or
``(H) section 2315 (sale or receipt of stolen goods,
securities, moneys, or fraudulent State tax stamps);'';
(2) in section 1956(c)--
(A) in paragraph (5), by striking ``and money orders'' and
inserting ``money orders, general-use prepaid cards, gift
certificates, and store gift cards''; and
(B) in paragraph (7)(D)--
(i) by inserting ``section 659 (interstate or foreign
shipments by carrier; State prosecutions),'' after ``section
658 (relating to property mortgaged or pledged to farm credit
agencies),''; and
(ii) by inserting ``section 2314 (transportation of stolen
goods, securities, moneys, fraudulent State tax stamps, or
articles used in counterfeiting), section 2315 (sale or
receipt of stolen goods, securities, moneys, or fraudulent
State tax stamps),'' after ``section 2281 (relating to
violence against maritime fixed platforms),'';
(3) in section 2314, in the first paragraph--
(A) by inserting ``or of an aggregate value of $5,000 or
more during any 12-month period,'' after ``more,'';
(B) by inserting ``embezzled,'' after ``stolen,''; and
(C) by inserting ``, false pretense, or other illegal
means'' after ``fraud''; and
(4) in section 2315, in the first paragraph, by inserting
``or of an aggregate value of $5,000 or more during any 12-
month period,'' after ``$5,000 or more,''.
SEC. 204. ESTABLISHMENT OF A CENTER TO COMBAT ORGANIZED
RETAIL AND SUPPLY CHAIN CRIME.
(a) In General.--Title III of the Trade Facilitation and
Trade Enforcement Act of 2015 (19 U.S.C. 4341 et seq.) is
amended by inserting after section 305 the following:
``SEC. 305A. ORGANIZED RETAIL AND SUPPLY CHAIN CRIME
COORDINATION CENTER.
``(a) Definitions.--In this section:
``(1) Center.--The term `Center' means the Organized Retail
and Supply Chain Crime Coordination Center established
pursuant to subsection (b)(1).
``(2) Executive associate director.--The term `Executive
Associate Director' means the Executive Associate Director of
Homeland Security Investigations.
``(3) Organized retail and supply chain crime.--The term
`organized retail and supply chain crime' means--
``(A) any crime described in section 659, 2117, 2314, or
2315 of title 18, United States Code, that is committed by,
in coordination with, or at the instruction of an
organization for the purpose of the systematic, large-scale
theft of retail goods or goods in the supply chain from
manufacturers, logistics and transportation providers,
distributors, or retailers, which may include the subsequent
resale of those stolen goods in interstate or foreign
commerce for financial gain;
``(B) aiding or abetting the commission of, or conspiring
to commit, any act that is in furtherance of a violation of a
crime referred to in subparagraph (A) in the context of an
organized retail and supply chain crime group; or
``(C) other crimes which materially further organized
retail and supply chain crime.
``(4) Organized retail and supply chain crime group.--The
term `organized retail and supply chain crime group' means 3
or more individuals who are jointly engaged in the conduct
described in paragraph (3), with a centralized coordination
of operations across the steps of the organized retail and
supply chain crime cycle.
``(5) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(b) Organized Retail and Supply Chain Crime Coordination
Center.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Combating Organized Retail Crime Act of
2026, the Secretary shall direct the Executive Associate
Director to establish the Organized
[[Page S4074]]
Retail and Supply Chain Crime Coordination Center.
``(2) Duties.--The duties of the Center shall include--
``(A) coordinating Federal law enforcement activities
related to organized retail and supply chain crime and
organized retail and supply chain crime groups, including
investigations of national and transnational criminal
organizations that are engaged in organized retail and supply
chain crime;
``(B) establishing relationships with State, local, Tribal,
and territorial law enforcement agencies and organizations,
including organized retail crime associations, cargo theft
associations, and other companies determined by the Executive
Associate Director to have significant interests relating to
organized retail and supply chain crime threats;
``(C) assisting State, local, Tribal and territorial law
enforcement agencies with State and local investigations of
organized retail and supply chain crime groups pursuant to
existing law;
``(D) establishing a mechanism to--
``(i) receive investigative information on organized retail
and supply chain crime from Federal, State, local, Tribal,
and territorial law enforcement agencies and retail,
transportation, and other organizations, including organized
retail crime associations, cargo theft associations, and
other companies determined by the Executive Associate
Director to have significant interests relating to organized
retail and supply chain crime threats; and
``(ii) disseminate analysis of the tactics, techniques, and
procedures of organized retail and supply chain crime groups,
including through analysis of information received through
the mechanism, to Federal, State, local, Tribal, and
territorial law enforcement agencies and organized retail
crime associations and cargo theft associations, including
organized retail crime associations, cargo theft
associations, and other companies determined by the Executive
Associate Director to have significant interests relating to
organized retail and supply chain crime threats;
``(E) not later than 60 days after the date of enactment of
the Combating Organized Retail Crime Act of 2026, reporting
to Congress regarding whether the Homeland Security
Information Network is sufficient to implement the
information sharing requirements under the duties under this
paragraph;
``(F) in coordination with the Privacy Officer and Civil
Rights and Civil Liberties Officers of the Department of
Homeland Security--
``(i) developing, implementing, and regularly reviewing for
needed updates training and instructions about what
information is authorized for submission under subparagraph
(D), consistent with the definitions in subsection (a) and
appropriate privacy and civil liberties guardrails, and
ensuring regular training for all individuals submitting such
information;
``(ii) requiring that for each submission of such
information, the submitting entity certify that the
investigative information meets the definitions under
subsection (a) and is consistent with the training;
``(iii) conducting regular quality assurance to ensure that
all information submitted, retained, and shared is consistent
with the definitions under subsection (a);
``(iv) establishing thresholds for the collection,
retention, and dissemination of any personally identifiable
information about a citizen of the United States, an alien
lawfully admitted for permanent residence to the United
States, or an individual residing inside the United States,
including limits on the retention of such information;
``(v) memorializing any determination to collect, retain,
or disseminate personally identifiable information about a
citizen of the United States, an alien lawfully admitted for
permanent residence to the United States, or an individual
residing inside the United States consistent with the
thresholds established under clause (iv) along with a
justification for that decision;
``(vi) ensuring that personally identifiable information
about a citizen of the United States, an alien lawfully
admitted for permanent residence to the United States, or an
individual residing inside the United States may not be
disseminated or used within the Department of Homeland
Security for any purpose other than efforts to counter
transnational organized retail and supply chain crime groups,
unless the Center determines (and documents) that there is
probable cause to believe the individual described in the
personally identifiable information is committing, attempting
to commit, or aiding or abetting a crime; and
``(vii) not later than 60 days after the date of enactment
of the Combating Organized Retail Crime Act of 2026, carrying
out 1 or more privacy compliance review processes and
publishing new or updated privacy impact assessments and
system of records notices in accordance with the document of
the Office of Management and Budget entitled `Guidance for
Implementing the Privacy Provisions of the E-Government Act
of 2002' (OMB M-03-22) and the document of the Office of
Management and Budget entitled `Managing Information as a
Strategic Resource' (OMB Circular A-130) for each new or
updated information technology system and project that
collects, maintains, or disseminates information in
identifiable information from or about members of the public
including any databases or systems used or developed in this
section;
``(G) tracking trends with respect to organized retail and
supply chain crime and organized retail and supply chain
crime groups and releasing annual public reports on such
trends; and
``(H) supporting the provision of training and technical
assistance in accordance with subsection (c).
``(3) Leadership; staffing.--
``(A) Director.--The Center shall be headed by a Director,
who shall be--
``(i) an experienced law enforcement officer;
``(ii) appointed by the Director of U.S. Immigration and
Customs Enforcement; and
``(iii) in a Senior Executive Service position as defined
in section 3132 of title 5, United States Code.
``(B) Deputy director.--The Director of the Center shall be
assisted by a Deputy Director, who shall be appointed, on a
2-year rotational basis, upon request from the Executive
Associate Director, by--
``(i) the Director of the Federal Bureau of Investigation;
or
``(ii) the Director of the United States Secret Service.
``(C) Federal staff.--The staff of the Center--
``(i) shall include special agents and analysts from
Homeland Security Investigations; and
``(ii) may also include detailed criminal investigators,
analysts, and liaisons from other Federal agencies who have
responsibilities related to organized retail and supply chain
crime, including detailees from--
``(I) U.S. Customs and Border Protection;
``(II) the United States Secret Service;
``(III) the United States Postal Inspection Service;
``(IV) the Bureau of Alcohol, Tobacco, Firearms and
Explosives;
``(V) the Drug Enforcement Administration;
``(VI) the Federal Bureau of Investigation; and
``(VII) the Federal Motor Carrier Safety Administration.
``(D) State and local staff.--The staff of the Center may
include detailees from State, local, Tribal, and territorial
law enforcement agencies, who shall serve at the Center on a
nonreimbursable basis.
``(4) Coordination.--
``(A) In general.--The Center shall coordinate its
activities related to organized retail and supply chain
crime, as appropriate, with other Federal agencies and
centers responsible for countering transnational organized
crime threats.
``(B) Shared resources.--In establishing the Center, the
Executive Associate Director may co-locate or otherwise share
resources and personnel, including detailees and agency
liaisons, with the National Intellectual Property Rights
Coordination Center established pursuant to section
305(a)(1).
``(C) Information sharing.--
``(i) In general.--Subject to the approval of the Director
of the Center, information that would otherwise be subject to
the limitation on the disclosure of confidential information
set forth in section 1905 of title 18, United States Code,
may be shared if such disclosure is operationally necessary.
``(ii) Non-delegable authority.--The Director may not
delegate his or her authority under this subparagraph.
``(5) Reporting requirements.--
``(A) Initial report.--
``(i) In general.--Not later than 1 year after the date of
enactment of the Combating Organized Retail Crime Act of
2026, the Secretary shall make publicly available a report
regarding the establishment of the Center and submit such
report to--
``(I) the Committee on the Judiciary of the Senate;
``(II) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(III) the Committee on the Judiciary of the House of
Representatives; and
``(IV) the Committee on Homeland Security of the House of
Representatives.
``(ii) Contents.--The report required under clause (i)
shall include--
``(I) a description of the organizational structure of the
Center;
``(II) a list of the Federal, State, local, Tribal, and
territorial agencies and private sector entities that
participate in the Center or have access to the data of the
Center;
``(III) the number of open and closed assessments, open and
closed preliminary investigations, open and closed full
investigations, and prosecutions involving activities of the
Center and a description of the nature of each crime;
``(IV) a list of the data systems accessible through the
Center, including data originating from outside the Center,
the names of data providers, and the names of any private
sector contractors that provide data or intelligence reports;
``(V) the number and purpose of searches of individuals
involving personally identifiable information of data under
mechanisms established and used under paragraph (2)(D);
``(VI) the use of biometrics by the Center, including--
``(aa) the types of biometrics that are captured, acquired,
shared, stored, or maintained;
``(bb) the processes and tools the Center and partners use
for these purposes;
``(cc) the sources of the biometrics, including any
contracts;
``(dd) the access controls to the biometrics; and
[[Page S4075]]
``(ee) any oversight processes implemented by the Center;
``(VII) if the Center plays a role in watchlisting
processes, information about the role of the Center in these
processes, including a description of the nominations
process, who may nominate, to which watch lists, what
information is used for these purposes, the number of
nominations to watch lists conducted by nominators, the
number of nominations that involve information originating
from a private sector entity, audits of the nominations for
continued relevance, and the controls put in place to oversee
the processes;
``(VIII) any challenges required to be addressed while
establishing the Center;
``(IX) any lessons learned from establishing the Center,
including successful prosecutions resulting from the
activities of the Center;
``(X) recommendations for ways to strengthen the
enforcement of laws involving organized retail and supply
chain crime;
``(XI) the intersections and commonalities between
organized retail crime organizations and other organized
theft groups, including supply chain diversion and theft; and
``(XII) the impact of organized theft groups on the
scarcity of vital products, including medicines, personal
protective equipment, and infant formula.
``(B) Annual report.--Beginning on the date that is 1 year
after the submission of the report required under
subparagraph (A), and each year thereafter, the Secretary
shall submit to the congressional committees listed in
subparagraph (A)(i) and make publicly available an annual
report that describes the activities of the Center during the
previous year, which shall address the information described
in subclauses (I) through (XII) of subparagraph (A).
``(C) Privacy and civil liberties audits.--The Privacy
Office and the Civil Rights and Civil Liberties Office of the
Department of Homeland Security shall annually--
``(i) conduct an audit of the implementation of the
procedures described in paragraph (2)(F); and
``(ii) submit to Congress a report discussing the findings
of the audit.
``(D) Comptroller general report.--Not later than 3 years
after the date of the enactment of the Combating Organized
Retail Crime Act of 2026, the Comptroller General shall
publish a report on the activities of the Center, which shall
include an assessment of the implementation of the duties of
the Center described in paragraph (2).
``(6) Sunset.--
``(A) In general.--The authority of the Center shall
terminate on the date that is 3 years after the date on which
the Center is established under paragraph (1).
``(B) Wind down.--The Secretary shall take such actions as
may be necessary to wind down the Center in accordance with
subparagraph (A).
``(c) Training and Technical Assistance.--
``(1) Evaluation.--Not later than 180 days after the date
of enactment of the Combating Organized Retail Crime Act of
2026, the Secretary and the Attorney General shall conduct an
evaluation of existing Federal programs that provide training
and technical support to State, local, Tribal, and
territorial law enforcement to assist in countering organized
retail and supply chain crime and organized retail and supply
chain crime groups.
``(2) Report.--Not later than 45 days after the completion
of the evaluation required under paragraph (1), the Secretary
and the Attorney General shall jointly submit a report to the
congressional committees listed in subsection (b)(5)(A)(i)
that--
``(A) describes the results of such evaluation; and
``(B) includes recommendations on ways to improve programs,
training, and technical assistance for combating organized
retail and supply chain crime.
``(3) Enhancing or modifying training and technical
assistance.--Not later than 45 days after submitting the
report required under paragraph (2), the Secretary and the
Attorney General shall jointly issue formal guidance to
relevant agencies and offices within the Department of
Homeland Security and the Department of Justice for modifying
or expanding, as appropriate, the training and technical
assistance designed to counter organized retail and supply
chain crime.''.
(b) Clerical Amendment.--The table of contents for the
Trade Facilitation and Trade Enforcement Act of 2015 (Public
Law 114-125; 130 Stat. 122) is amended by inserting after the
item relating to section 305 the following:
``Sec. 305A. Organized Retail and Supply Chain Crime Coordination
Center.''.
TITLE III--LIEUTENANT OSVALDO ALBARATI STOPPING PRISON CONTRABAND ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Lieutenant Osvaldo
Albarati Stopping Prison Contraband Act''.
SEC. 302. PROHIBITED PROVISION OF A PHONE.
Section 1791(b) of title 18, United States Code, is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(2) by inserting after paragraph (3) the following:
``(4) in the case of a violation of subsection (a)(1),
imprisonment for not more than 2 years, or both, if the
object is specified in subsection (d)(1)(F) of this
section;''; and
(3) in paragraph (5), as so redesignated, by inserting ``,
in the case of a violation of subsection (a)(2),'' before
``(d)(1)(F)''.
SEC. 303. REVIEW OF POLICIES.
Not later than 1 year after the date of enactment of this
Act, the Director of the Bureau of Prisons shall--
(1) conduct a review of the policies of the Bureau of
Prisons pertaining to inmates who make, possess, obtain, or
attempt to make or obtain a prohibited object, as defined in
section 1791(d)(1) of title 18, United States Code; and
(2) update those policies as needed to improve protections
for incarcerated individuals and staff.
TITLE IV--COMBATING ILLICIT XYLAZINE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Combating Illicit Xylazine
Act''.
SEC. 402. DEFINITIONS.
(a) In General.--In this title--
(1) the term ``practitioner'' has the meaning given the
term under section 102 of the Controlled Substances Act (21
U.S.C. 802); and
(2) the term ``xylazine'' has the meaning given the term in
paragraph (61) of section 102 of the Controlled Substances
Act, as added by subsection (b) of this section.
(b) Controlled Substances Act.--Section 102 of the
Controlled Substances Act (21 U.S.C. 802) is amended by
adding at the end the following:
``(61) The term `xylazine' means the substance xylazine,
including its salts, isomers, and salts of isomers whenever
the existence of such salts, isomers, and salts of isomers is
possible.''.
SEC. 403. ADDING XYLAZINE TO SCHEDULE III.
Schedule III of section 202(c) of the Controlled Substances
Act (21 U.S.C. 812) is amended by adding at the end the
following:
``(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of xylazine.''.
SEC. 404. AMENDMENTS.
(a) Amendment.--Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended by striking paragraph (27) and
inserting the following:
``(27)(A) Except as provided in subparagraph (B), the term
`ultimate user' means a person who has lawfully obtained, and
who possesses, a controlled substance for the use by the
person or for the use of a member of the household of the
person or for an animal owned by the person or by a member of
the household of the person.
``(B)(i) In the case of xylazine, other than for a drug
product approved under subsection (b) or (j) of section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355),
the term `ultimate user' means a person--
``(I) to whom xylazine was dispensed by--
``(aa) a veterinarian registered under this Act; or
``(bb) a pharmacy registered under this Act pursuant to a
prescription of a veterinarian registered under this Act; and
``(II) who possesses xylazine for--
``(aa) an animal owned by the person or by a member of the
household of the person;
``(bb) an animal under the care of the person;
``(cc) use in government animal-control programs authorized
under applicable Federal, State, Tribal, or local law; or
``(dd) use in wildlife programs authorized under applicable
Federal, State, Tribal, or local law.
``(ii) In this subparagraph, the term `person' includes--
``(I) a government agency or business where animals are
located; and
``(II) an employee or agent of an agency or business acting
within the scope of their employment or agency.''.
(b) Facilities.--An entity that manufactures xylazine, as
of the date of enactment of this Act, shall not be required
to make capital expenditures necessary to install the
security standard required of schedule III of the Controlled
Substances Act (21 U.S.C. 801 et seq.) for the purposes of
manufacturing xylazine.
(c) Labeling.--The requirements related to labeling,
packaging, and distribution logistics of a controlled
substance in schedule III of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)) shall not take effect for
xylazine until the date that is 1 year after the date of
enactment of this Act.
(d) Practitioner Registration.--The requirements related to
practitioner registration, inventory, and recordkeeping of a
controlled substance in schedule III of section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)) shall not take
effect for xylazine until the date that is 60 days after the
date of enactment of this Act. A practitioner that has
applied for registration during the 60-day period beginning
on the date of enactment of this Act may continue their
lawful activities until such application is approved or
denied.
(e) Manufacturer Transition.--The Food and Drug
Administration and the Drug Enforcement Administration shall
facilitate and expedite the relevant manufacturer submissions
or applications required by the placement of xylazine on
schedule III of section 202(c) of the Controlled Substances
Act (21 U.S.C. 812(c)).
(f) Clarification.--Nothing in this section, or the
amendments made by this section,
[[Page S4076]]
shall be construed to require the registration of an ultimate
user of xylazine under the Controlled Substances Act (21
U.S.C. 801 et seq.) in order to possess xylazine in
accordance with subparagraph (B) of section 102(27) of that
Act (21 U.S.C. 802(27)), as added by subsection (a) of this
section.
SEC. 405. ARCOS TRACKING.
Section 307(i) of the Controlled Substances Act (21 U.S.C.
827(i)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``or xylazine'' after ``gamma
hydroxybutyric acid'';
(B) by inserting ``or 512'' after ``section 505''; and
(C) by inserting ``respectively,'' after ``the Federal
Food, Drug, and Cosmetic Act,''; and
(2) in paragraph (6), by inserting ``and xylazine'' after
``gamma hydroxybutyric acid''.
SEC. 406. SENTENCING COMMISSION.
Pursuant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Commission
shall review and, if appropriate, amend its sentencing
guidelines, policy statements, and official commentary
applicable to persons convicted of an offense under section
401 of the Controlled Substances Act (21 U.S.C. 841) or
section 1010 of the Controlled Substances Import and Export
Act (21 U.S.C. 960) to provide appropriate penalties for
offenses involving xylazine that are consistent with the
amendments made by this title. In carrying out this section,
the Commission should consider the common forms of xylazine
as well as its use alongside other scheduled substances.
SEC. 407. REPORT TO CONGRESS ON XYLAZINE.
(a) Control Report.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Attorney General, acting through
the Administrator of the Drug Enforcement Administration and
in coordination with the Secretary of Health and Human
Services, shall submit to Congress a report with an
assessment of the factors listed in section 201(c) of the
Controlled Substances Act (21 U.S.C. 811(c)) for xylazine,
which includes a scientific and medical evaluation and
recommendations from the Secretary of Health and Human
Services and a law enforcement and abuse evaluation by the
Drug Enforcement Administration.
(2) Requirements.--The report required under paragraph (1)
shall--
(A) include the full text of the scientific and medical
evaluation and recommendations regarding whether xylazine
should be controlled as a controlled substance, submitted by
the Secretary of Health and Human Services to the Attorney
General pursuant to section 201(b) of the Controlled
Substances Act (21 U.S.C. 811(b)) on or before December 31,
2025; and
(B) be published on the websites of the Department of
Health and Human Services and the Department of Justice.
(b) Initial Report.--Not later than 18 months after the
date of the enactment of this Act, the Attorney General,
acting through the Administrator of the Drug Enforcement
Administration and in coordination with the Commissioner of
Food and Drugs, shall submit to Congress a report on the
prevalence of illicit use of xylazine in the United States
and the impacts of such use, including--
(1) where the drug is being diverted;
(2) where the drug is originating; and
(3) whether any analogues to xylazine, or related or
derivative substances, exist and present a substantial risk
of abuse.
(c) Additional Report.--Not later than 4 years after the
date of the enactment of this Act, the Attorney General,
acting through the Administrator of the Drug Enforcement
Administration and in coordination with the Commissioner of
Food and Drugs, shall submit to Congress a report updating
Congress on the prevalence and proliferation of xylazine
trafficking and misuse in the United States.
______
SA 6692. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL
INTERNATIONAL SECURITY COOPERATION PROGRAMS IN
THE AREA OF RESPONSIBILITY OF THE UNITED STATES
EUROPEAN COMMAND.
Of the amounts authorized to be appropriated for fiscal
year 2027 for Operation and Maintenance and available for the
Defense Security Cooperation Agency, as specified in the
funding table in section 4301, $350,000,000 shall be
available for additional international security cooperation
programs in the area of responsibility of the United States
European Command, of which $250,000,000 shall be available
for the Baltic Security Initiative
______
SA 6693. Mrs. BLACKBURN (for herself and Mr. Warnock) submitted an
amendment intended to be proposed by her to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
SEC. 28___. INSTALLATION SUPPORT SERVICES AND
INTERGOVERNMENTAL SUPPORT AGREEMENTS.
(a) Definitions.--In this section:
(1) Intergovernmental support agreement.--The term
``intergovernmental support agreement'' has the meaning given
that term in section 2679(f) of title 10, United States Code.
(2) Military installation.--The term ``military
installation'' has the meaning given that term in section
2801 of such title.
(b) Intergovernmental Support Agreement Data and Evaluation
Framework.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop and implement a uniform framework for the collection
and evaluation of data from intergovernmental support
agreements.
(2) Elements.--The framework required under paragraph (1)
shall include the following elements:
(A) The total number and value of all intergovernmental
support agreements in effect.
(B) An identification of each intergovernmental support
agreement in effect.
(C) For each intergovernmental support agreement identified
in subparagraph (B), the following:
(i) The duration and terms of the agreement.
(ii) The parties to the agreement.
(iii) The characteristics of the military installation and
mission for the agreement.
(iv) The characteristics of any other party to the
agreement.
(v) The services covered under the agreement.
(D) The financial and nonfinancial benefits, including
savings, and efficiencies gained.
(3) Policy to ensure consistent execution.--Not later than
one year after the implementation of the framework required
under paragraph (1), the Secretary shall implement a policy
to ensure consistent execution of such framework.
(c) Public Database and Toolkit.--
(1) Database.--
(A) In general.--Not later than one year after the
implementation of the framework required by subsection (b),
the Secretary of Defense shall establish a publicly
accessible, searchable database documenting intergovernmental
support agreement data.
(B) Contents.--The database required under subparagraph (A)
shall include--
(i) data from the framework required by subsection (b); and
(ii) a summary of each intergovernmental support agreement.
(2) Toolkit.--Not later than one year after the
implementation of the framework required by subsection (b),
the Secretary shall develop policy to ensure consistent
execution of such framework and maintain a toolkit to provide
standardized resources for military installations and
surrounding communities to support the development,
negotiation, and execution of intergovernmental support
agreements.
(d) Analysis and Report.--
(1) Analysis of intergovernmental support agreement data.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, and every four years thereafter,
the Secretary of Defense shall conduct an analysis of the
intergovernmental support agreement data using the framework
developed under subsection (b).
(B) Contents.--The analysis required by subparagraph (A)
shall include the following:
(i) An assessment of usage trends disaggregated by
installation size, mission type, geographic location, and
characteristics of the parties to the intergovernmental
support agreements.
(ii) An identification of services most commonly covered by
intergovernmental support agreements, and the typical
duration and terms of such agreements.
(iii) An evaluation of barriers to adoption and execution,
including legal, fiscal, and administrative obstacles.
(iv) A determination of whether certain categories of
military installations are underutilizing intergovernmental
support agreements.
(v) An examination of financial and nonfinancial
performance outcomes, including cost savings, efficiencies
gained, and mission impacts.
(2) Report.--Not later than 90 days after the completion of
an analysis under paragraph (1), the Secretary of Defense
shall submit to Congress a report that includes--
(A) the findings of the analysis conducted under paragraph
(1);
(B) data on intergovernmental support agreements,
disaggregated by installation size, mission type, location,
and characteristics of the parties to the agreement; and
(C) recommendations for improving adoption, collaboration,
and execution of intergovernmental support agreements,
including recommendations for legislative changes.
(e) Modification of Authority of Department of Defense for
Installation Support
[[Page S4077]]
Services and Intergovernmental Support Agreements.--Section
2679 of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) may include, as an additional partner in the
agreement, any other Federal agency.'';
(2) in subsection (c)--
(A) by striking ``Funds available'' through ``for that
year'' and inserting ``The Secretary concerned may use funds
from any Department of Defense source to pay for
installation-support services''; and
(B) by striking ``such an agreement'' and inserting ``an
agreement under this section''; and
(3) in subsection (f)--
(A) in paragraph (1), by inserting ``including the repair,
construction, maintenance, and operation of a facility on or
near an installation,'' after ``and support'';
(B) in paragraph (2), by inserting ``public agency, public
joint powers agency, government corporation,'' after ``public
authority,''; and
(C) by adding at the end the following:
``(5) The term `Department of Defense source' includes any
appropriations made available by Congress to the Department
of Defense and excludes permanent appropriations, revolving
funds, previously unavailable balances, or third-party
financing arrangements.
``(6) The term `Secretary concerned' means--
``(A) the Secretary of the Army, with respect to matters
concerning the Army, National Guard Bureau, and units of the
Army National Guard without regard to whether such units are
operating under the authority of this title or title 32,
provided such intergovernmental support agreements serve a
military purpose of the Department of Defense;
``(B) the Secretary of the Navy, with respect to matters
concerning the Navy and Marine Corps;
``(C) the Secretary of the Air Force, with respect to
matters concerning the Air Force, and the Space Force, and
units of the Air National Guard without regard to whether
such units are operating under the authority of this title or
title 32, provided such intergovernmental support agreements
serve a military purpose of the Department of Defense;
``(D) the Secretary of Defense, with respect to matters
concerning the Defense Agencies not otherwise covered by the
Army, Navy, Marine Corp, Air Force, or Space Force; and
``(E) the head of any other Federal agency without regard
to whether such agency is operating under the authority of
this title, provided such intergovernmental support
agreements will serve the best interests of the Department of
Defense.''.
AUTHORITY FOR COMMITTEES TO MEET
Mr. TUBERVILLE. Mr. President, I have five requests for committees to
meet during today's session of the Senate. They have the approval of
the Majority and Minority Leaders.
Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the
Senate, the following committees are authorized to meet during today's
session of the Senate:
COMMITTEE ON ARMED SERVICES
The Committee on Armed Services is authorized to meet during the
session of the Senate on Tuesday, July 14, 2026, at 9:30 a.m., to
conduct a hearing on nominations.
COMMITTEE ON FINANCE
The Committee on Finance is authorized to meet during the session of
the Senate on Tuesday, July 14, 2026, at 11:30 a.m., to conduct a
hearing on nominations.
COMMITTEE ON FOREIGN RELATIONS
The Committee on Foreign Relations is authorized to meet during the
session of the Senate on Tuesday, July 14, 2026, at 2:30 p.m., to
conduct a hearing.
COMMITTEE ON THE JUDICIARY
The Committee on the Judiciary is authorized to meet during the
session of the Senate on Tuesday, July 14, 2026, at 10:15 a.m., to
conduct a hearing.
SELECT COMMITTEE ON INTELLIGENCE
The Select Committee on Intelligence is authorized to meet during the
session of the Senate on Tuesday, July 14, 2026, at 3 p.m., to conduct
a closed briefing.
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