SA 6020. Mrs. SHAHEEN (for herself, Mr. King, Mr. Kelly, and Ms. Collins) 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:
Text printed in the Record (2,111 characters)
At the appropriate place in subtitle G of title X, insert the following:
SEC. 10__. TECHNICAL FIX FOR STATE RESPONSE TO CONTAMINANTS
PROGRAM.
Section 1459A(j) of the Safe Drinking Water Act (42 U.S.C. 300j-19a(j)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking "subsection (c)(2)" and inserting "clause (i) or (ii) of subparagraph (A) of paragraph (3) or a drinking water well owner described in subparagraph (B) of that paragraph";
(B) by striking "contaminant--" and all that follows through "to--" in subparagraph (A) in the matter preceding clause (i) and inserting "contaminant that is determined by the State--";
(C) by striking subparagraph (B);
(D) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(E) in subparagraph (A) (as so redesignated)--
(i) by inserting "to" before "be present";
(ii) by striking "serving," and inserting "serving a community"; and
(iii) by striking "for, that community"; and
(F) in subparagraph (B) (as so redesignated)--
(i) by inserting "to" before "potentially"; and
(ii) by striking "; and" at the end and inserting a period; and
(2) by adding at the end the following:
"(3) Eligibility for assistance or as a beneficiary of assistance.--For purposes of this subsection, the Administrator may issue a grant to a State--
"(A) that is requesting a grant on behalf of--
"(i) a community that, under the affordability criteria established by the State under section 1452(d)(3), is determined by the State to be--
"(I) a disadvantaged community; or
"(II) a community that may become a disadvantaged community as a result of carrying out an activity described in paragraph (1); or
"(ii) a community with a population of fewer than 10,000 individuals that the Administrator determines does not have the capacity to incur debt sufficient to finance an activity described in paragraph (1); or
"(B) for the benefit of 1 or more owners of drinking water wells that are not public water systems and are not connected to a public water system.".
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SA 6021. Mrs. SHAHEEN 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:
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At the end of subtitle G of title X, add the following:
SEC. 1___. ENERGY CIRCUIT RIDER PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development Act is amended by inserting after section 378 (7 U.S.C. 2008m) the following:
"SEC. 379. ENERGY CIRCUIT RIDER PROGRAM.
"(a) Definitions.--In this section:
"(1) Eligible entity.--The term `eligible entity' means--
"(A) a State;
"(B) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
"(C) a nonprofit organization;
"(D) a cooperative extension service;
"(E) an institution of higher education; and
"(F) a regional planning commission or other public entity serving 2 or more rural areas.
"(2) Energy circuit rider.--The term `Energy Circuit Rider' means an individual who is trained to provide and support, on a professional basis, assistance (including technical assistance) and informed decisionmaking in the planning, financing, and implementation of energy efficiency or clean energy projects, including with respect to 1 or more of the following:
"(A) Energy planning.
"(B) Energy audits.
"(C) Applicable Federal funding opportunities and tax incentives.
"(D) Applicable State, local, and utility-based incentives, including, as appropriate, coordinating with the State energy office in that State.
"(E) Project financing.
"(F) Grant writing.
"(G) Community-based capacity building.
"(3) Secretary.--The term `Secretary' means the Secretary, acting through the Under Secretary for Rural Development.
"(b) Establishment.--The Secretary shall establish a program, to be known as the `Energy Circuit Rider Program', under which the Secretary shall provide to eligible entities grants for the hiring, training, and retention by eligible entities of 1 or more Energy Circuit Riders.
"(c) Grants.--
"(1) In general.--To be eligible to receive a grant under the Energy Circuit Rider Program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
"(2) Term.--The term of a grant provided under the Energy Circuit Rider Program shall be more than 3, but not more than 6, years, as the Secretary determines to be appropriate to achieve the purposes of this section.
"(3) Federal share.--The Federal share of the cost of carrying out activities under the grant shall be not more than 75 percent.
"(4) Priority.--In providing grants under the Energy Circuit Rider Program, the Secretary shall give priority to an eligible entity the application under paragraph (1) of which is recommended by the director of the relevant State rural development office.
"(d) Energy Circuit Rider Assistance.--An Energy Circuit Rider employed by an eligible entity using a grant provided under this section--
"(1) shall offer assistance and support described in subsection (a)(2) to not fewer than 2 rural areas served by, or in the vicinity of, the eligible entity; and
"(2) may provide technical assistance to the eligible entity in applying for--
"(A) loans under section 6407(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a(c)); and
"(B) financial assistance under the Rural Energy for America Program established under section 9007 of that Act (7 U.S.C. 8107).
"(e) Information Sharing.--
"(1) In general.--The Secretary shall facilitate the sharing among Energy Circuit Riders of information relating to best practices.
"(2) Information from other agencies.--The Secretary, in consultation with the Secretary of Energy, the Secretary of Transportation, the Secretary of the Treasury, the Administrator of the Environmental Protection Agency, the Chief of Engineers, and the heads of such other Federal departments and agencies as the Secretary determines to be appropriate, shall make available to Energy Circuit Riders information relating to other Federal incentives available to eligible entities for energy efficiency and clean energy projects.
"(f) Reports to Congress.--Not less frequently than annually, the Secretary shall submit to Congress a report describing the accomplishments of the Energy Circuit Rider Program, including with respect to--
"(1) energy savings;
"(2) monetary savings to communities; and
"(3) reductions in carbon emissions.
"(g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2027 through 2031.".
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SA 6022. Mr. SCHMITT 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:
Text printed in the Record (3,386 characters)
At the end of subtitle D of title XII, add the following:
SEC. 1252. STRATEGY TO ENHANCE SECURITY COOPERATION WITH NEW
ZEALAND.
(a) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a strategy to enhance security 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 advanced defense 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 opportunities to improve information sharing and intelligence cooperation, as appropriate, with New Zealand on regional security threats, foreign malign influence, cyber threats, maritime coercion, and activities by strategic threats in the Indo-Pacific and Antarctic regions.
(2) An assessment of the current state of United States defense cooperation with New Zealand, including defense dialogues, military-to-military engagements, combined exercises, port visits, personnel exchanges, and other bilateral or multilateral activities.
(3) 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.
(4) 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.
(5) An assessment of opportunities to strengthen defense and 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.
(6) 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.
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SA 6023. Mr. SCHMITT 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:
Text printed in the Record (2,406 characters)
At the end of subtitle D of title XII, add the following:
SEC. 1252. FAST-TRACKING THIRD PARTY TRANSFERS TO TAIWAN AND
THE PHILIPPINES.
(a) Pre-clearance for Transfer of Certain Defense Articles.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of Defense, in conjunction with coordinating entities such as the National Disclosure Policy Committee, the Arms Transfer and Technology Release Senior Steering Group, and other relevant entities, shall compile a list of military platforms, technologies, and equipment that are pre-cleared for third party transfers and release to Taiwan and the Philippines.
(2) Clarification.--The list compiled under paragraph (1) shall not supersede current or future efforts relating to arms sales, transfers, and services to Taiwan or the Philippines.
(3) Rules of construction.--Nothing in this section may be construed--
(A) to supersede current and future congressional notification requirements under the Arms Export Control Act (22 U.S.C. 2751 et. seq.); or
(B) to limit or modify the requirements of section 3356 of title 22, United States Code.
(b) Interagency Policy.--The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance relating to requests to transfer the pre-cleared defense articles identified in the list compiled under subsection (a)(1) to Taiwan or the Philippines in order to incorporate the pre-clearance provisions of this section.
(c) Duplication.--With respect to Taiwan, the Secretary of State and the Secretary of Defense may treat or incorporate corresponding articles found in any list compiled under section 3356 of title 22, United States Code, as satisfying the requirements of subsection (a).
(d) Duration.--The requirement under subsection (a) shall continue until the Secretary of State determines and certifies to the relevant committees of Congress that threats to Taiwan and the Philippines have significantly abated.
(e) Third Party Transfer Defined.--In this section, the term "third party transfer" means any transfer of the United States-origin defense articles, services, or technical data that requires approval of the United States Government under the Arms Export Control Act (22 U.S.C. 2751 et seq.) or other applicable law.
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SA 6024. Ms. HIRONO 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:
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At the appropriate place, insert the following:
SEC. ___. SENSE OF THE SENATE REGARDING FISCAL YEAR 2027
FUNDING DISPARITIES AND DOMESTIC NEEDS.
(a) Findings.--The Senate finds the following:
(1) The National Defense Authorization Act for Fiscal Year 2027 reported by the Committee on Armed Services of the Senate authorizes an unprecedented $1,150,000,000,000 for national defense programs, reinforcing a continuous and disproportionate escalation in military spending.
(2) The United States is currently facing a severe affordability crisis, with millions of people in the United States and working families struggling with the skyrocketing costs of basic necessities, including food, housing, and healthcare.
(3) On July 4, 2025, the enactment of the Act entitled "An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14", approved July 4, 2025 (Public Law 119-21; 139 Stat. 72) (commonly known as, and in this section referred to as, the "One Big Beautiful Bill Act"), mandated deep and devastating structural cuts to essential nondefense safety net programs.
(4) The cuts and administrative hurdles mandated by the One Big Beautiful Bill Act are projected to slash over $1,000,000,000,000 in funding for the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (in this section referred to as "Medicaid") and the Patient Protection and Affordable Care Act (Public Law 111-148; 124 Stat. 119) over the next decade, ripping health care coverage away from 15,000,000 people in the United States, and putting over 750 hospitals, nursing homes, and clinics at risk of closure.
(5) Concurrently, sweeping rollbacks and funding restrictions have severely impacted access to the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (in this section referred to as "SNAP"), a vital lifeline that millions of women and children depend on to prevent food insecurity and hunger.
(6) National security depends not only on military readiness, but also on the economic well-being, health, and stability of the people of the United States.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the massive funding disparity between defense expenditures and domestic nondefense investments for fiscal year 2027 is unacceptable;
(2) it is unconscionable to authorize over $1,100,000,000,000 in defense spending while at the same time forcing deep cuts to programs like SNAP and Medicaid that millions of people in the United States rely on to survive;
(3) this spending gap will only grow with the proposed plans for an additional $350,000,000,000 of defense spending through budget reconciliation and upwards of $80,000,000,000 or more in supplemental defense spending requested to cover operational shortfalls due to the unauthorized war with Iran; and
(4) Congress must reject this imbalanced approach to Federal spending and commit to a budget strategy that balances national security obligations with the urgent, fundamental human needs of everyday people in the United States.
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SA 6025. Mr. CRAPO (for himself and Mrs. Shaheen) 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:
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At the appropriate place in subtitle G of title X, insert the following:
SEC. __. PILOT PROGRAM ON PROVISION OF OPIOID RESCUE
MEDICATIONS TO VETERANS.
(a) In General.--Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a one-year pilot program under which the Secretary shall make covered medications available to any veteran at no charge (in this section referred to as the "pilot program").
(b) Provision of Medication Prior to Confirmation of Status.--The Secretary may provide covered medication to an individual under the pilot program prior to confirming the status of the individual as a veteran if the individual provides contact information for the individual and a written self-attestation of veteran status.
(c) Site Selection.--The Secretary shall prioritize carrying out the pilot program in geographical areas where data indicates a disproportionately high risk of overdose among the veteran population.
(d) Limitation on Use of Information.--
(1) In general.--In carrying out this section, the Secretary may only collect the personally identifiable information needed for prescribing covered medication under the pilot program, and any personally identifiable information collected under this section may be used solely for the purpose of delivering, evaluating, and enhancing the quality of health care.
(2) Exclusion.--The Secretary may not use any personally identifiable information collected under this section--
(A) for the purpose of preventing a veteran from employment;
(B) as evidence of a history of drug use; or
(C) as evidence that an individual is an unlawful user of or addicted to any controlled substance.
(e) Provision of Information.--The Secretary shall ensure that any individual who receives covered medication under the pilot program also receives--
(1) information about addiction services, suicide prevention services, mental health services, and other related services provided by the Department of Veterans Affairs; and
(2) information on the use and application of covered medications.
(f) Report.--
(1) In general.--Not later than 30 days before the completion of the pilot program under this section, the Secretary shall submit to Congress a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall include the following:
(A) The number of veterans who received a covered medication under the pilot program, disaggregated by those enrolled in the system of annual patient enrollment of the Department of Veterans Affairs under section 1705(a) of title 38, United States Code, and those not enrolled in such system.
(B) An assessment of the feasibility of expanding the pilot program to provide covered medications to immediate family members of veterans.
(C) Any considerations associated with continuing, expanding, or making permanent the pilot program.
(D) Any other recommendations of the Secretary with respect to modifying or continuing the pilot program.
(g) Definitions.--In this section:
(1) Covered medication.--The term "covered medication" means any opioid overdose rescue medication, such as naloxone.
(2) Veteran.--The term "veteran" has the meaning given that term in section 101 of title 38, United States Code.
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SA 6026. Mr. CRAPO (for himself and Mrs. Shaheen) 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:
Text printed in the Record (10,422 characters)
At the end of title X, add the following:
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the "Bring Our Heroes Home Act".
SEC. 1097. DEFINITIONS.
In this subtitle:
(1) Archivist.--The term "Archivist" means the Archivist of the United States.
(2) Collection.--The term "Collection" means the Missing Armed Forces and Civilian Personnel Records Collection established under section 1098(a).
(3) Executive agency.--The term "Executive agency"--
(A) means an agency, as defined in section 552(f) of title 5, United States Code;
(B) includes any Executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Federal Government, including the Executive Office of the President, any branch of the Armed Forces, and any independent regulatory agency; and
(C) does not include any non-appropriated agency, department, corporation, or establishment.
(4) Executive director.--The term "Executive Director" means the Executive Director of the Review Board.
(5) Government office.--The term "Government office" means an Executive agency, the Library of Congress, or the National Archives.
(6) Missing armed forces and civilian personnel.--The term "missing Armed Forces and civilian personnel"--
(A) means 1 or more missing persons; and
(B) includes an individual who was a missing person and whose status was later changed to "missing and presumed dead".
(7) Missing armed forces and civilian personnel record.--The term "missing Armed Forces and civilian personnel record" means a record that relates, directly or indirectly, to the loss, fate, or status of missing Armed Forces and civilian personnel that--
(A) was created or made available for use by, obtained by, or otherwise came into the custody, possession, or control of--
(i) any Government office;
(ii) any Presidential library; or
(iii) any of the Armed Forces; and
(B) relates to 1 or more missing Armed Forces and civilian personnel who became missing persons during the period--
(i) beginning on December 7, 1941; and
(ii) ending on the date of enactment of this Act.
(8) Missing person.--The term "missing person" means--
(A) a person described in paragraph (1) of section 1513 of title 10, United States Code; and
(B) any other civilian employee of the Federal Government or an employee of a contractor of the Federal Government who serves in direct support of, or accompanies, the Armed Forces in the field under orders and who is in a missing status (as that term is defined in paragraph (2) of such section 1513).
(9) National archives.--The term "National Archives"--
(A) means the National Archives and Records Administration; and
(B) includes any component of the National Archives and Records Administration (including Presidential archival depositories established under section 2112 of title 44, United States Code).
(10) Official investigation.--The term "official investigation" means a review, briefing, inquiry, or hearing relating to missing Armed Forces and civilian personnel conducted by a Presidential commission, committee of Congress, or agency, regardless of whether it is conducted independently, at the request of any Presidential commission or committee of Congress, or at the request of any official of the Federal Government.
(11) Originating body.--The term "originating body" means the Government office or other initial source that created a record or particular information within a record.
(12) Public interest.--The term "public interest" means the compelling interest in the prompt public disclosure of missing Armed Forces and civilian personnel records for historical and governmental purposes, for public research, and for the purpose of fully informing the people of the United States, most importantly families of missing Armed Forces and civilian personnel, about the fate of the missing Armed Forces and civilian personnel and the process by which the Federal Government has sought to account for them.
(13) Record.--The term "record" has the meaning given the term "records" in section 3301 of title 44, United States Code.
(14) Review board.--The term "Review Board" means the Missing Armed Forces and Civilian Personnel Records Review Board established under section 1099B.
SEC. 1098. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS COLLECTION AT THE NATIONAL ARCHIVES.
(a) Establishment of Collection.--Not later than 90 days after a quorum of the Missing Armed Forces and Civilian Personnel Records Review Board has been established under section 1099B, the Archivist shall--
(1) commence establishment of a collection of records to be known as the "Missing Armed Forces and Civilian Personnel Records Collection";
(2) commence preparing the subject guidebook and index to the Collection; and
(3) establish criteria and acceptable formats for Executive agencies to follow when transmitting copies of missing Armed Forces and civilian personnel records to the Archivist, to include required metadata, including applicable information privacy safeguards.
(b) Regulations.--Not later than 90 days after the date of the swearing in of the Review Board members, the Review Board shall promulgate rules to establish guidelines and processes for the disclosure of records contained in the Collection, including applicable information privacy safeguards.
(c) Oversight.--
(1) Senate.--The Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing jurisdiction, including legislative oversight jurisdiction, in the Senate with respect to the Collection.
(2) House of representatives.--The Committee on Oversight and Government Reform of the House of Representatives shall have continuing jurisdiction, including legislative oversight jurisdiction, in the House of Representatives with respect to the Collection.
SEC. 1099. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS BY GOVERNMENT OFFICES.
(a) In General.--
(1) Preparation.--As soon as practicable after the date of enactment of this Act, and sufficiently in advance of the deadlines established under this subtitle, each Government office shall--
(A) identify and locate any missing Armed Forces and civilian personnel records in the custody, possession, or control of the Government office, including intelligence reports, congressional inquiries, memoranda to or from the White House and other Federal departments and agencies, Prisoner of War (POW) debriefings, live sighting reports, documents relating to POW camps, movement of POWs, exploitation of POWs, experimentation on POWs, or status changes from Missing in Action (MIA) to Killed in Action (KIA); and
(B) prepare for transmission to the Archivist in accordance with the criteria and acceptable formats established by the Archivist a copy of any missing Armed Forces and civilian personnel records that have not previously been transmitted to the Archivist by the Government office.
(2) Certification.--Each Government office shall submit to the Archivist, under penalty of perjury, a certification indicating--
(A) whether the Government office has conducted a thorough search for all missing Armed Forces and civilian personnel records in the custody, possession, or control of the Government office; and
(B) whether a copy of any missing Armed Forces and civilian personnel record has not been transmitted to the Archivist.
(3) Preservation.--No missing Armed Forces and civilian personnel record shall be destroyed, altered, or mutilated in any way.
(4) Effect of previous disclosure.--Information that was made available or disclosed to the public before the date of enactment of this Act in a missing Armed Forces and civilian personnel record may not be withheld, redacted, postponed for public disclosure, or reclassified.
(5) Withheld and substantially redacted records.--
(A) In general.--For any missing Armed Forces and civilian personnel record that is transmitted to the Archivist which a Government office proposes to substantially redact or withhold in full from public access, the head of the Government office shall submit an unclassified and publicly releasable report to the Archivist, the Review Board, and each appropriate committee of the Senate and the House of Representatives justifying the decision of the Government office to substantially redact or withhold the record by demonstrating that the release of information would clearly and demonstrably be expected to cause an articulated harm, and that the harm would be of such gravity as to outweigh the public interest in access to the information.
(B) Rulemaking.--The Archivist shall promulgate regulations to define the term "substantially redacted record" for purposes of subparagraph (A).
(b) Review.--
(1) In general.--Except as provided under paragraph (5), not later than 270 days after a quorum of the Review Board has been established under section 1099B, each Government office shall, in accordance with the criteria and acceptable formats established by the Archivist--
(A) identify, locate, copy, and review each missing Armed Forces and civilian personnel record in the custody, possession, or control of the Government office for transmission to the Archivist and disclosure to the public or, if needed, review by the Review Board; and
(B) cooperate fully, in consultation with the Archivist, in carrying out paragraph (3).
(2) Requirement.--The Review Board shall promulgate rules for the disclosure of relevant records by Government offices under paragraph (1).
(3) National archives records.--Not later than 270 days after a quorum of the Review Board has been established under section 1099B, the Archivist shall--
(A) locate and identify all missing Armed Forces and civilian personnel records in the custody of the National Archives as of the date of enactment of this Act that remain classified, in whole or in part;
(B) notify a Government office if the Archivist locates and identifies a record of the Government office under subparagraph (A); and
(C) make each classified missing Armed Forces and civilian personnel record located and identified under subparagraph (A) available for review by Executive agencies through the National Declassification Center established under Executive Order 13526 (50 U.S.C.
Text printed in the Record (10,674 characters)
3161 note; relating to classified national security information), or any successor order.
(4) Records already public.--A missing Armed Forces and civilian personnel record that is in the custody of the National Archives on the date of enactment of this Act and that has been publicly available in its entirety without redaction shall be made available in the Collection without any additional review by the Archivist, the Review Board, or any other Government office under this subtitle.
(5) Exemptions.--
(A) Department of defense pow/mia accounting agency.--The Defense POW/MIA Accounting Agency is exempt from the requirement under this subsection to declassify and transmit to the Archivist documents in its custody or control that pertain to a specific case or cases that the Defense POW/MIA Accounting Agency is actively investigating or developing for the purpose of locating, disinterring, or identifying a missing member of the Armed Forces.
(B) Department of defense military service casualty offices and department of state service casualty offices.--The Department of Defense Military Service Casualty Offices and the Department of State Service Casualty Offices are exempt from the requirement to declassify and transmit to the Archivist documents in their custody or control that pertain to individual cases with respect to which the office is lending support and assistance to the families of missing individuals.
(c) Transmission to the National Archives.--Each Government office shall--
(1) not later than 270 days after a quorum of the Review Board has been established under section 1099B, commence transmission to the Archivist of copies of the missing Armed Forces and civilian personnel records in the custody, possession, or control of the Government office, except for records described in subsection (a)(5); and
(2) not later than 1 year after a quorum of the Review Board has been established under section 1099B, complete transmission to the Archivist of copies of all missing Armed Forces and civilian personnel records in the possession or control of the Government office.
(d) Periodic Review of Postponed Missing Armed Forces and Civilian Personnel Records.--
(1) In general.--All missing Armed Forces and civilian personnel records, or information within a missing Armed Forces and civilian personnel record, the public disclosure of which has been postponed under the standards under this subtitle shall be reviewed by the originating body--
(A)(i) periodically, but not less than every 5 years, after the date on which the Review Board terminates under section 1099B(p); and
(ii) at the direction of the Archivist; and
(B) consistent with the recommendations of the Review Board under section 1099D(b)(3)(B).
(2) Contents.--
(A) In general.--A periodic review of a missing Armed Forces and civilian personnel record, or information within a missing Armed Forces and civilian personnel record, by the originating body shall address the public disclosure of the missing Armed Forces and civilian personnel record under the standards under this subtitle.
(B) Continued postponement.--If an originating body conducting a periodic review of a missing Armed Forces and civilian personnel record, or information within a missing Armed Forces and civilian personnel record, the public disclosure of which has been postponed under the standards under this subtitle, determines that continued postponement is required, the originating body shall provide to the Archivist an unclassified written description of the reason for the continued postponement that the Archivist shall highlight and make accessible on a publicly accessible website administered by the National Archives.
(C) Scope.--The periodic review of postponed missing Armed Forces and civilian personnel records, or information within a missing Armed Forces and civilian personnel record, shall provide expeditious public disclosure of missing Armed Forces and civilian personnel records, to the fullest extent possible, subject only to the grounds for postponement of disclosure under section 1099A.
(D) Disclosure absent certification by president.--Not later than 10 years after the date on which a quorum of the Review Board has been established under section 1099B, all missing Armed Forces and civilian personnel records, and information within a missing Armed Forces and civilian personnel record, shall be publicly disclosed in full, and available in the Collection, unless--
(i) the head of the originating body, Executive agency, or other Government office recommends in writing that continued postponement is necessary;
(ii) the written recommendation described in clause (i)--
(I) is provided to the Archivist in unclassified and publicly releasable form not later than 180 days before the date that is 10 years the date on which a quorum of the Review Board has been established under section 1099B; and
(II) includes--
(aa) a justification of the recommendation to postpone disclosure with clear and convincing evidence that the identifiable harm is of such gravity that it outweighs the public interest in disclosure; and
(bb) a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this subtitle;
(iii) the Archivist transmits all recommended postponements and the recommendation of the Archivist to the President not later than 90 days before the date that is 10 years after the date on which a quorum of the Review Board has been established under section 1099B; and
(iv) the President transmits to the Archivist a certification indicating that continued postponement is necessary and the identifiable harm, as demonstrated by clear and convincing evidence, is of such gravity that it outweighs the public interest in disclosure not later than the date that is 10 years after the date on which a quorum of the Review Board has been established under section 1099B.
(e) Records Management.--In carrying out this section, the Archivist shall comply with any applicable statutory or regulatory requirement related to records management.
SEC. 1099A. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
RECORDS.
(a) In General.--Disclosure to the public of a missing Armed Forces and civilian personnel record or particular information in a missing Armed Forces and civilian personnel record created after the date that is 25 years before the date of the review of the missing Armed Forces and civilian personnel record by the Archivist may be postponed subject to the limitations under this subtitle only--
(1) if--
(A) it pertains to--
(i) military plans, weapons systems, or operations;
(ii) foreign government information;
(iii) intelligence activities (including covert action), intelligence sources or methods, or cryptology;
(iv) foreign relations or foreign activities of the United States, including confidential sources;
(v) scientific, technological, or economic matters relating to the national security;
(vi) United States Government programs for safeguarding nuclear materials or facilities;
(vii) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or
(viii) the development, production, or use of weapons of mass destruction; and
(B) the threat posed by the public disclosure of the missing Armed Forces and civilian personnel record or information is of such gravity that it outweighs the public interest in disclosure;
(2) if the information is protected from disclosure under section 552(b) of title 5, United States Code (commonly known as the "Freedom of Information Act"); or
(3) if it reveals information described in paragraphs (1) through (9) of section 3.3(b) of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information).
(b) Older Records.--Disclosure to the public of a missing Armed Forces and civilian personnel record or particular information in a missing Armed Forces and civilian personnel record created on or before the date that is 25 years before the date of the review of the missing Armed Forces and civilian personnel record by the Archivist may be postponed subject to the limitations under this subtitle only if, as demonstrated by clear and convincing evidence--
(1) the release of the information would be expected to--
(A) reveal the identity of a confidential human source, a human intelligence source, a relationship with an intelligence or security service of a foreign government or international organization, or a nonhuman intelligence source, or impair the effectiveness of an intelligence method currently in use, available for use, or under development;
(B) reveal information that would impair United States cryptologic systems or activities;
(C) reveal formally named or numbered United States military war plans that remain in effect, or reveal operational or tactical elements of prior plans that are contained in such active plans; or
(D) reveal information, including foreign government information, that would cause serious harm to relations between the United States and a foreign government, or to ongoing diplomatic activities of the United States; and
(2) the threat posed by the public disclosure of the missing Armed Forces and civilian personnel record or information is of such gravity that it outweighs the public interest in disclosure.
(c) Exception.--Regardless of the date on which a missing Armed Forces and civilian personnel record was created, disclosure to the public of information in the missing Armed Forces and civilian personnel record may be postponed if--
(1) the public disclosure of the information would reveal the name or identity of a living person who provided confidential information to the United States and would pose a substantial risk of harm to that person, in accordance with section 552(b)(7)(D) of title 5, United States Code.
(2) the public disclosure of the information could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest;
(3) the public disclosure of the information could reasonably be expected to cause harm to the methods currently in use or available for use by members of the Armed Forces to survive, evade, resist, or escape; or
(4) the public disclosure of such information would conflict with United States law, regulations, or executive orders, including any law, regulation, or executive order governing the disclosure of classified information.
SEC. 1099B.
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ESTABLISHMENT AND POWERS OF THE MISSING ARMED
FORCES AND CIVILIAN PERSONNEL RECORDS REVIEW
BOARD.
(a) Establishment.--There is established as an independent establishment in the executive branch a board to be known as the "Missing Armed Forces and Civilian Personnel Records Review Board" to ensure and facilitate the review, transmission to the Archivist, and public disclosure of missing Armed Forces and civilian personnel records.
(b) Membership.--
(1) Appointments.--The Review Board shall be composed of 5 members appointed by the President, subject to the advice and consent of the Senate, of whom--
(A) 1 shall be appointed in consultation with the Archivist of the United States and shall serve as the Chairperson of the Review Board;
(B) 1 shall be appointed in consultation with the majority leader of the Senate;
(C) 1 shall be appointed in consultation with the minority leader of the Senate;
(D) 1 shall be appointed in consultation with the Speaker of the House of Representatives; and
(E) 1 shall be appointed in consultation with the minority leader of the House of Representatives.
(2) Qualifications.--The members of the Review Board shall--
(A) be appointed without regard to political affiliation;
(B) be citizens of the United States of integrity and impartiality;
(C) not be employees of an Executive agency on the date of the appointment;
(D) have high national professional reputation in their fields and be capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the identification, location, review, transmission to the Archivist, and public disclosure of missing Armed Forces and civilian personnel records;
(E) possess an appreciation of the value of missing Armed Forces and civilian personnel records to scholars, the Federal Government, and the public, particularly families of missing Armed Forces and civilian personnel;
(F) include at least 1 professional historian; and
(G) include at least 1 attorney.
(3) Consultation with the office of government ethics.--In considering persons to be appointed to the Review Board, the President shall consult with the Director of the Office of Government Ethics to--
(A) determine criteria for possible conflicts of interest of members of the Review Board, consistent with ethics laws, statutes, and regulations for executive branch employees; and
(B) ensure that no individual selected for such position of member of the Review Board possesses a conflict of interest as so determined.
(4) Consultation.--Appointments to the Review Board shall be made after considering individuals recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, the American Bar Association, veterans' organizations, and organizations representing families of missing Armed Forces and civilian personnel.
(c) Security Clearances.--
(1) In general.--Each member of the Review Board shall seek appropriate security clearances necessary to carry out the duties of the Review Board.
(2) Review.--The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual nominated to be a member of the Review Board seeking a security clearance under paragraph (1) is expeditiously reviewed and granted or denied.
(d) Consideration by the Senate.--Nominations for appointment under subsection (b)(1)(A) shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration.
(e) Vacancy.--Not later than 60 days after the date on which a vacancy on the Review Board occurs, the vacancy shall be filled in the same manner as specified for original appointment.
(f) Chairperson Needed for Quorum.--A majority of the members of the Review Board, including the Chairperson appointed and confirmed pursuant to subsection (b)(1)(A), shall constitute a quorum.
(g) Removal of Review Board Member.--
(1) In general.--A member of the Review Board shall not be removed from office, other than--
(A) by impeachment by Congress; or
(B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member's duties.
(2) Judicial review.--
(A) In general.--A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia.
(B) Relief.--The member may be reinstated or granted other appropriate relief by order of the court.
(3) Notice of removal.--If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Governemnt Reform of the House of Representatives a report specifying the facts found and the grounds for the removal.
(h) Compensation of Members.--
(1) Basic pay.--A member of the Review Board shall be treated as an employee of the executive branch and compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which the member is engaged in the performance of the duties of the Review Board.
(2) Travel expenses.--A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member's home or regular place of business in the performance of services for the Review Board.
(i) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render a decision on a determination by a Government office to seek to postpone the disclosure of a missing Armed Forces and civilian personnel record, in whole or in part.
(2) Records.--In carrying out paragraph (1), the Review Board shall consider and render a decision regarding--
(A) whether a record constitutes a missing Armed Forces and civilian personnel record; and
(B) whether a missing Armed Forces and civilian personnel record, or particular information in a missing Armed Forces and civilian personnel record, qualifies for postponement of disclosure under this subtitle.
(j) Powers.--
(1) In general.--The Review Board shall have the authority to act in a manner prescribed under this subtitle, including the authority to--
(A) direct Government offices to transmit to the Archivist missing Armed Forces and civilian personnel records as required under this subtitle;
(B) direct Government offices to transmit to the Archivist substitutes and summaries of missing Armed Forces and civilian personnel records that can be publicly disclosed to the fullest extent for any missing Armed Forces and civilian personnel record that is proposed for postponement in full or that is substantially redacted;
(C) obtain access to missing Armed Forces and civilian personnel records that have been identified by a Government office;
(D) direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals, which the Review Board has reason to believe is required to fulfill the functions and responsibilities of the Review Board under this subtitle;
(E) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, administer such oaths, and subpoena documents as the Review Board considers advisable to carry out the responsibilities of the Review Board under this subtitle;
(F) subpoena private persons to compel the production of documents and other records relevant to the responsibilities of the Review Board under this subtitle;
(G) require any Government office to account in writing for the destruction of any records relating to the loss, fate, or status of missing Armed Forces and civilian personnel;
(H) receive information from the public regarding the identification and public disclosure of missing Armed Forces and civilian personnel records; and
(I) make a final determination regarding whether a missing Armed Forces and civilian personnel record will be disclosed to the public or disclosure of the missing Armed Forces and civilian personnel record to the public will be postponed, notwithstanding the determination of an Executive agency.
(2) Enforcement of subpoenas.--Any subpoena issued under the Review Board under this subsection may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board.
(k) Presidential Authority Over Review Board Determination.--
(1) Public disclosure or postponement of disclosure.--After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an missing Armed Forces and civilian personnel record or information contained in a missing Armed Forces and civilian personnel record, obtained or developed solely within the executive branch, the President--
(A) shall have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in sections 1099 and 1099A; and
(B) shall provide the Review Board with an unclassified written certification specifying the President's decision within 30 days after the Review Board's determination and notice to the Executive agency as required under this subtitle, stating the justification for the President's decision, including the applicable grounds for postponement under section 1099A.
(2) Periodic review.--Any missing Armed Forces and civilian personnel record for which public disclosure is postponed by the President shall be subject to the requirements of periodic review and declassification of classified information and public disclosure in the Collection set forth in section 1099.
(3) Record of presidential postponement.--The Review Board shall, upon its receipt, publish in the Federal Register a copy of any unclassified written certification, statement, or other materials transmitted by or on behalf of the President with regard to postponement of the public disclosure of missing Armed Forces and civilian personnel records under section 1099A.
(l) Witness Immunity.--The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code.
(m) Oversight.--
(1) In general.--The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives shall--
(A) have continuing legislative oversight jurisdiction with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board; and
(B) not later than 10 days after submitting a request, be provided access to any records held or created by the Review Board.
(2) Duty of review board.--The Review Board shall have the duty to cooperate with the exercise of oversight jurisdiction under paragraph (1).
(3) Security clearances.--The Chair and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, and designated Committee staff, shall be granted all security clearances and accesses held by the Review Board, including to relevant Presidential and department or agency special access and compartmented access programs.
(n) Support Services.--The Administrator of
Text printed in the Record (6,398 characters)
General Services shall provide administrative services for the Review Board on a reimbursable basis.
(o) Interpretive Regulations.--The Review Board may issue interpretive regulations if the Review Board finds such regulation to be necessary and appropriate.
(p) Termination and Winding up.--
(1) In general.--On the date that is 2 years after the date of enactment of this Act, the Review Board shall, by majority vote, determine whether all Government offices have complied with the obligations, mandates, and directives under this subtitle.
(2) Termination date.--The Review Board shall terminate on the date that is 4 years after the date on which members of the Review Board are sworn in to the Review Board.
(3) Report.--Before the termination of the Review Board under paragraph (2), the Review Board shall submit to Congress reports, including a complete and accurate accounting of expenditures during its existence, and shall complete all other reporting requirements under this subtitle.
(4) Records.--Upon termination of the Review Board, the Review Board shall transfer all records of the Review Board to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.
SEC. 1099C. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS REVIEW BOARD PERSONNEL.
(a) Executive Director.--
(1) In general.--Not later than 45 days after the initial meeting of the Review Board, the Review Board shall appoint an individual to the position of Executive Director.
(2) Qualifications.--The individual appointed as Executive Director--
(A) shall be a citizen of the United States of integrity and impartiality;
(B) shall be appointed without regard to political affiliation; and
(C) shall not have any conflict of interest with the mission of the Review Board.
(3) Consultation with the office of government ethics.--In their consideration of the person to be appointed to the position of Executive Director, the Review Board shall consult with the Director of the Office of Government Ethics to--
(A) determine criteria for possible conflicts of interest of the Executive Director, consistent with ethics laws, statutes, and regulations for executive branch employees; and
(B) ensure that no individual selected for such position of Executive Director possesses a conflict of interest as so determined.
(4) Security clearance.--
(A) In general.--The individual appointed as Executive Director shall have the security clearance necessary to carry out the duties of the position at the time of appointment.
(B) Expedited provision.--The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual nominated to be Executive Director, seeking security clearances necessary to carry out the duties of the Executive Director, is expeditiously reviewed and granted or denied.
(5) Duties.--The Executive Director shall--
(A) serve as principal liaison to Government offices;
(B) be responsible for the administration and coordination of the review of records by the Review Board;
(C) be responsible for the administration of all official activities conducted by the Review Board; and
(D) not have the authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure.
(6) Removal.--The Executive Director may be removed by a majority vote of the Review Board.
(b) Staff.--
(1) In general.--The Review Board may, in accordance with the civil service laws, but without regard to civil service law and regulation for competitive service as defined in subchapter I of chapter 33 of title 5, United States Code, appoint and terminate additional employees as are necessary to enable the Review Board and the Executive Director to perform their duties under this subtitle.
(2) Treatment as employees of executive branch.--The Executive Director and other employees of the Review Board shall be treated as employees of the executive branch.
(3) Qualifications.--An individual appointed to a position as an employee of the Review Board--
(A) shall be a citizen of the United States of integrity and impartiality; and
(B) shall not have had any previous involvement with any official investigation or inquiry relating to the loss, fate, or status of missing Armed Forces and civilian personnel.
(4) Consultation with the office of government ethics.--In their consideration of persons to be appointed as staff of the Review Board, the Review Board shall consult with the Director of the Office of Government Ethics to--
(A) determine criteria for possible conflicts of interest of staff of the Review Board, consistent with ethics laws, statutes, and regulations for executive branch employees; and
(B) ensure that no individual selected for such position of staff of the Review Board possesses a conflict of interest as so determined.
(5) Security clearance.--
(A) In general.--An individual appointed as an employee of the Review Board shall have the security clearance necessary to carry out the duties of the position at the time of appointment.
(B) Expedited provision.--The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual who is a candidate for a position with the Review Board, seeking security clearances necessary to carry out the duties of the position, is expeditiously reviewed and granted or denied.
(c) Compensation.--The Review Board shall fix the compensation of the Executive Director and other employees of the Review Board described in subsection (b) without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other employees may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.
(d) Advisory Committees.--
(1) In general.--The Review Board may create 1 or more advisory committees to assist in fulfilling the responsibilities of the Review Board under this subtitle.
(2) Applicability of faca.--Any advisory committee created by the Review Board shall be subject to chapter 10 of title 5, United States Code.
SEC. 1099D.
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REVIEW OF RECORDS BY THE MISSING ARMED FORCES AND
CIVILIAN PERSONNEL RECORDS REVIEW BOARD.
(a) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date on which all members are sworn in, publish an
initial schedule for review of all missing Armed Forces and civilian personnel records, which the Archivist shall highlight and make available on a publicly accessible website administered by the National Archives; and
(2) not later than 180 days after the swearing in of the Review Board members, begin reviewing missing Armed Forces and civilian personnel records, as necessary, under this subtitle.
(b) Determination of the Review Board.--
(1) In general.--The Review Board shall direct that all records that relate, directly or indirectly, to the loss, fate, or status of missing Armed Forces and civilian personnel be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that the record is not a missing Armed Forces and civilian personnel record.
(2) Postponement.--In approving postponement of public disclosure of a missing Armed Forces and civilian personnel record, or information within a missing Armed Forces and civilian personnel record, the Review Board shall seek to carry out the following:
(A) Provide for the disclosure of segregable parts, substitutes, or summaries of the missing Armed Forces and civilian personnel record.
(B) Determine, in consultation with the originating body and consistent with the standards for postponement under this subtitle, which of the following alternative forms of disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in a missing Armed Forces and civilian personnel record.
(ii) A substitute record for that information which is postponed.
(iii) A summary of a missing Armed Forces and civilian personnel record.
(3) Reporting.--With respect to a missing Armed Forces and civilian personnel record, or information within a missing Armed Forces and civilian personnel record, the public disclosure of which is postponed under this subtitle, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the Archivist, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives an unclassified and publicly releasable report containing--
(A) a description of actions by the Review Board, the originating body, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board; and
(B) a statement, based on a review of the proceedings and in conformity with the decisions reflected therein, designating a recommended specified time at which, or a specified occurrence following which, the material may be appropriately disclosed to the public under this subtitle, which the Review Board shall disclose to the public with notice thereof, reasonably calculated to make interested members of the public aware of the existence of the statement.
(4) Actions after determination.--
(A) In general.--Not later than 30 days after the date of a determination by the Review Board that a missing Armed Forces and civilian personnel record shall be publicly disclosed in the Collection or postponed for disclosure, the Review Board shall notify the head of the originating body of the determination and highlight and make available the determination on a publicly accessible website reasonably calculated to make interested members of the public aware of the existence of the determination.
(B) Oversight notice.--Simultaneous with notice under subparagraph (A), the Review Board shall provide notice of a determination concerning the public disclosure or postponement of disclosure of a missing Armed Forces and civilian personnel record, or information contained within a missing Armed Forces and civilian personnel record, which shall include a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards in section 1099A to the President, 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.
(5) Referral after termination.--A missing Armed Forces and civilian personnel record that is identified, located, or otherwise discovered after the date on which the Review Board terminates shall be transmitted to the Archivist for the Collection and referred to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives for review, ongoing oversight and, as warranted, referral for possible enforcement action relating to a violation of this subtitle and determination as to whether declassification of the missing Armed Forces and civilian personnel is warranted under this subtitle.
(c) Notice to Public.--Every 30 days, beginning on the date that is 60 days after the date on which the Review Board first approves the postponement of disclosure of a missing Armed Forces and civilian personnel record, the Review Board shall highlight and make accessible on a publicly available website reasonably calculated to make interested members of the public aware of the existence of the postponement a notice that summarizes the postponements approved by the Review Board, including a description of the subject, originating body, length or other physical description, and each ground for postponement that is relied upon.
(d) Reports by the Review Board.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, and every year thereafter until the Review Board terminates, the Review Board shall submit a report regarding the activities of the Review Board to--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Oversight and Government Reform of the House of Representatives;
(C) the President;
(D) the Archivist; and
(E) the head of any Government office the records of which have been the subject of Review Board activity.
(2) Contents.--Each report under paragraph (1) shall include the following information:
(A) A financial report of the expenses for all official activities and requirements of the Review Board and its employees.
(B) The progress made on review, transmission to the Archivist, and public disclosure of missing Armed Forces and civilian personnel records.
(C) The estimated time and volume of missing Armed Forces and civilian personnel records involved in the completion of the duties of the Review Board under this subtitle.
(D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to carry out its duties under this subtitle.
(E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized under this subtitle, and a record of the volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional legislative authority needs.
(G) An appendix containing copies of reports relating to postponed records submitted to the Archivist under subsection (b)(3) since the end of the period covered by the most recent report under paragraph (1).
(3) Copies and briefs.--Coincident with the reporting requirements in paragraph (2), or more frequently as warranted by new information, the Review Board shall provide copies to, and fully brief, at a minimum, the President, the Archivist, leadership of Congress, the Chair and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, and the Chairs, Ranking Members, Vice Chairs, as the case may be, of such other committees as leadership of Congress determines appropriate on--
(A) recommendations for periodic review, downgrading, and declassification, as well as the exact time or specified occurrence following which specific missing Armed Forces and civilian material may be appropriately disclosed;
(B) the rationale behind each postponement determination and the recommended means to achieve disclosure of each postponed item;
(C) any other findings that the Review Board chooses to offer; and
(D) an addendum containing copies of reports of postponed records to the Archivist required under subsection (b)(3) made since the date of the preceding report under this subsection.
(4) Termination notice.--Not later than 90 days before the Review Board expects to complete the work of the Review Board under this subtitle, the Review Board shall provide written notice to Congress of the intent of the Review Board to terminate operations at a specified date.
SEC. 1099E. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
(a) Materials Under Seal of Court.--
(1) In general.--The Review Board may request the Attorney General to petition any court of the United States or of a foreign country to release any information relevant to the loss, fate, or status of missing Armed Forces and civilian personnel that is held under seal of the court.
(2) Grand jury information.--
(A) In general.--The Review Board may request the Attorney General to petition any court of the United States to release any information relevant to loss, fate, or status of missing Armed Forces and civilian personnel that is held under the injunction of secrecy of a grand jury.
(B) Treatment.--A request for disclosure of missing Armed Forces and civilian personnel materials under this subtitle shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury;
(2) the Secretary of State should--
(A) contact the Governments of the Russian Federation, the People's Republic of China, and the Democratic People's Republic of Korea to seek the disclosure of all records in their respective custody, possession, or
control relevant to the loss, fate, or status of missing Armed Forces and civilian personnel; and
(B) contact any other foreign government that may hold information relevant to the loss, fate, or status of missing Armed Forces and civilian personnel, and seek disclosure of such information; and
(3) all agencies should cooperate in full with the Review Board to seek the disclosure of all information relevant to the loss, fate, or status of missing Armed Forces and civilian personnel consistent with the public interest.
SEC. 1099F.
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RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this subtitle requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other law (except section 6103 of the Internal Revenue Code of 1986), judicial decision construing such law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and donations of records to the United States Government.
(b) Freedom of Information Act.--Nothing in this subtitle shall be construed to eliminate or limit any right to file requests with any Executive agency or seek judicial review of the decisions under section 552 of title 5, United States Code.
(c) Judicial Review.--Nothing in this subtitle shall be construed to preclude judicial review under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this subtitle.
(d) Existing Authority.--Nothing in this subtitle revokes or limits the existing authority of the President, any Executive agency, the Senate, or the House of Representatives, or any other entity of the Government to publicly disclose records in its custody, possession, or control.
(e) Rules of the Senate and House of Representatives.--To the extent that any provision of this subtitle establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted--
(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
SEC. 1099G. REQUESTS FOR EXTENSIONS.
(a) In General.--The head of a Government office required to comply with a deadline under this subtitle that is based on the date of establishment of a quorum of the members of the Review Board under section 1099B may request an extension from the Review Board for good cause.
(b) Extended Deadline.--If the Review Board agrees to the request, the deadline applicable to the Government office for the purpose of such requirement shall be such later date as the Review Board may determine appropriate.
SEC. 1099H. TERMINATION OF EFFECT.
(a) Provisions Pertaining to the Review Board.--The provisions of this subtitle that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated under section 1099B(p).
(b) Other Provisions.--The remaining provisions of this subtitle shall continue in effect until such time as the Archivist certifies to the President and Congress that all missing Armed Forces and civilian personnel records have been made available to the public in accordance with this subtitle.
SEC. 1099I. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this subtitle, to remain available until expended.
SEC. 1099J. SEVERABILITY.
If any provision of this subtitle, or the application thereof to any person or circumstance, is held invalid, the remainder of this subtitle and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.
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SA 6027. Mr. WICKER (for himself and Mr. Reed) 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:
Text printed in the Record (1,027 characters)
At the end of subtitle E of title X, add the following:
SEC. 1049A. 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.
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SA 6028. Ms. ROSEN (for herself and Ms. Cortez Masto) 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:
Text printed in the Record (6,704 characters)
At the end of subtitle C of title XXVIII, add the following:
SEC. 2849. MODIFICATION OF MILITARY LAND WITHDRAWAL OF FALLON
RANGE TRAINING COMPLEX, NEVADA.
(a) Management of Withdrawn and Reserved Land.--Section 2982(c)(2) of the Military Land Withdrawals Act of 2013 (Public Law 113-66), as added by section 2901 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117-263; 136 Stat. 3015), is amended by inserting "Sand Canyon Road, Red Mountain Road, East County Road, and" after "existing".
(b) Road Reconstruction and Treatment of Existing Roads and Rights-of-way.--Section 2991 of the Military Land Withdrawals Act of 2013 (Public Law 113-66), as added by section 2901 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117-263; 136 Stat. 3015), is amended--
(1) in subsection (d), by inserting after the period the following: "In granting such rights-of-way, the Secretary of the Navy shall be responsible for timely maintenance of such roads, and Churchill County, Nevada, shall be exempt from any maintenance and liability requirements set forth by the Bureau of Land Management or the Bureau of Reclamation with respect to such roads, if such roads are designated as minor County Roads by the County."; and
(2) by adding at the end the following: by adding at the end the following:
"(k) Determination of Relocation and Reconstruction.--Reconstruction and relocation requirements under subsection (a) shall be considered met (for purposes of subsection (b) or any other purposes) when the reconstructed or relocated road, as the case may be, is constructed, open for public access, and certified via written letter from the impacted counties to the Secretary of the Navy.".
(c) Treatment of Livestock Grazing Permits.--Section 2993 of the Military Land Withdrawals Act of 2013 (Public Law 113-66), as added by section 2901 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117-263; 136 Stat. 3015), is amended--
(1) in subsection (e)--
(A) in paragraph (1)--
(i) by striking "shall" and all that follows through "; and" and inserting "shall, at a minimum, consider--
"(A) the permanent loss, reduction, or impairment of the applicable Federal grazing permit;
"(B) the permanent loss of forage and grazing capacity associated with the affected allotment, including the loss of animal unit months;
"(C) any diminution in the market value, operational utility, or economic viability of the base property (as defined in sections 4100.0-5 and 4110.2-1 of title 43, Code of Federal Regulations) resulting from the loss of geographic proximity or functional integration between the base property and the affected Federal grazing authorization;
"(D) the permanent loss of animal unit months;
"(E) the loss, impairment, or diminished utility of water rights, water access, water infrastructure, or range improvements associated with the grazing operation;
"(F) any adverse impacts to existing financing, including obligations associated with loans administered or guaranteed by the Farm Service Agency, the Department of Agriculture, or other agricultural lenders;
"(G) the replacement value (as the term is defined in section 141.3 of title 25, Code of Federal Regulations) of any authorized permanent improvements associated with affected allotment or grazing operation;
"(H) increased operational, transportation, labor, supplemental feed, livestock management, insurance, or replacement grazing costs incurred as a result of the withdrawal and reservation of lands;
"(I) the commercial viability of any remaining allotment or grazing operation, determined in coordination with the Director of the Bureau of Land Management and the
Secretary of Agriculture, including consideration of available forage, water, access, seasonal use patterns, ecological health, drought adjustments, trailing logistics, and the ability of the remaining operation to continue as an economically viable livestock enterprise; and
"(J) any other demonstrable economic loss directly attributable to the withdrawal and reservation of land under section 2981;";
(B) in paragraph (2), by striking "to the remaining" and all that follows through the period and inserting "to--
"(A) the remaining term of the existing Federal grazing permit;
"(B) the nominal administrative value of the permit; or
"(C) the temporary or revocable nature of the grazing authorization; and"; and
(C) by adding at the end the following new paragraph:
"(3) compensation shall account for impacts to the permit holder as an integrated livestock operation and shall not be limited solely to the administrative value of the affected Federal grazing authorization."; and
(2) by adding at the end the following new subsections:
"(f) Limitation on Use of Land Prior to Completion of Commitments.--The Secretary of the Interior shall not modify any existing term grazing permit impacted by the withdrawal and reservation of land by section 2981, and the Secretary of the Navy shall not limit access of any holder of such permit to the allotment impacted by such withdrawal and reservation until payment under this section has been received, accepted, and deposited by the holder of such permit from the Secretary of the Navy.
"(g) Reimbursement Payments.--
"(1) In general.--The Secretary of the Navy shall make reimbursement payments to grazing permit holders for any time after the grazing permit was amended by the Bureau of Land Management but before payment was complete, received, and accepted, in accordance with subsections (e) and (f).
"(2) Scope of reimbursement.--Reimbursement payments made under paragraph (1) shall include, but not be limited to, reimbursement for--
"(A) the loss of forage,
"(B) the cost of grazing livestock on a different allotment or private land,
"(C) the cost of transportation and any associated transportation costs of livestock to a different allotment or private land; and
"(D) the cost of insurance associated with the different allotment.
"(3) Timing of reimbursement payments.--Reimbursement payments under paragraph (1) shall be made at regular intervals until such time as a full and complete payment is received and accepted by the impacted grazing permit holder consistent with subsections (e) and (f).
"(4) Rule of construction.--Reimbursement payments made under this subsection may not be considered or construed as full and complete payment under subsection (e).
"(h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Navy such sums as may be necessary to carry out this section.".
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SA 6029. Mr. CORNYN (for himself, Mr. Fetterman, and Mr. Cruz) 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:
Text printed in the Record (652 characters)
At the appropriate place in title III, insert the following:
SEC. 3__. MODIFICATION OF REPORT ON LIMITATIONS ON
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE TO
INCLUDE INFORMATION ON EACH FACILITY.
Section 2466(d)(1) of title 10, United States Code, is amended--
(1) by striking "each Defense Agency, the percentage" and inserting "each Defense Agency--
"(A) the percentage";
(2) by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(B) the data required under subparagraph (A) disaggregated by each depot-level maintenance and repair facility of the Department of Defense.".
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SA 6030. Mr. CORNYN 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:
Text printed in the Record (1,229 characters)
At the appropriate place in title V, insert the following:
SEC. 5__. LIMITATION ON PROVISION OF FUNDS TO ELEMENTARY AND
SECONDARY SCHOOLS HOSTING CONFUCIUS INSTITUTES
AND CLASSROOMS.
(a) Limitation.--None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be provided to an elementary school or secondary school that hosts a Confucius Institute or Classroom, other than amounts provided directly to students as educational assistance.
(b) Effective Date.--The limitation under subsection (a) shall apply with respect to the first fiscal year that begins after the date that is 12 months after the date of the enactment of this Act and to any subsequent fiscal year.
(c) Definitions.--In this section:
(1) Confucius institute or classroom.--The term "Confucius Institute or Classroom" means a cultural institute or educational partnership directly or indirectly funded by the Government of the People's Republic of China.
(2) Elementary school; secondary school.--The terms "elementary school" and "secondary school" have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
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SA 6031. Mr. MARSHALL 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:
Text printed in the Record (4,823 characters)
At the appropriate place in title X, insert the following:
SEC. ___. PRESIDENT'S COUNCIL ON SPORTS, FITNESS, AND
NUTRITION.
(a) Establishment.--There is established the President's Council on Sports, Fitness, and Nutrition (referred to in this section as the "Council").
(b) Membership.--
(1) Appointments.--The Council shall consist of up to 30 members to be appointed by the President.
(2) Membership.--The members of the Council may include representatives of relevant stakeholders.
(3) Terms.--A member of the Council--
(A) shall serve for a term of 2 years;
(B) shall be eligible for reappointment; and
(C) may continue to serve after the expiration of their term until the appointment of a successor.
(4) Chair; vice chair.--The President may designate one or more of the members of the Council to serve as the Chair or Vice Chair of the Council.
(c) Functions of the Council.--
(1) In general.--The Council shall--
(A) advise the President concerning progress made in carrying out the provisions of this section; and
(B) recommend to the President actions to accelerate such progress.
(2) Recommendations.--In carrying out this section, the Council shall recommend--
(A) strategies for reestablishing the Presidential Fitness Test, with any appropriate improvements, as the main assessment tool for a Presidential Fitness Award;
(B) strategies for the development and promotion of Presidential challenges and school-based programs that reward excellence in physical education;
(C) actions to expand opportunities at the global, national, State, and local levels for participation in sports and engagement in physical fitness;
(D) bold and innovative fitness goals for American youth with the aim of fostering a new generation of healthy, active citizens;
(E) campaigns and events that elevate American sports, military readiness, and health traditions;
(F) opportunities at the global, national, State, and local levels that expand participation in sports and emphasize the importance of an active lifestyle and good nutrition, including partnerships with professional athletes, sports organizations, player's associations, influential figures, nonprofit organizations, and community groups to inspire all Americans, among other initiatives; and
(G) strategies to address the growing national security threat posed by the increasing rates of childhood obesity, chronic diseases, and sedentary lifestyles, which threaten the future readiness of the United States workforce and military.
(d) Administration.--
(1) Executive director.--The President shall designate an Executive Director of the Council who shall--
(A) manage day-to-day operations;
(B) serve as a liaison to the President on matters and activities pertaining to the Council; and
(C) oversee engagement with executive departments and agencies, athletic institutions, and community partners.
(2) Information to be furnished by departments and agencies.--Each executive department and agency shall, to the extent permitted by law and subject to the availability of funds, furnish such information and assistance to the Council as the Council may request.
(3) Compensation.--Members of the Council shall serve without compensation but may receive travel reimbursement, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, subject to the availability of funds.
(4) Funding; administrative and technical support.--The Secretary of Health and
Human Services shall provide such funding and administrative and technical support as the Council may require, subject to appropriations Acts.
(5) Subcommittees.--The Council may, with the approval of the President, establish subcommittees as appropriate to aid in the work of the Council.
(6) Seal.--The Council shall modify the seal of the "President's Council on Physical Fitness and Sports" to reflect the name of the Council as established by subsection (a).
(7) Federal advisory committee act.--To the extent that chapter 10 of title 5, United States Code (known as the "Federal Advisory Committee Act"), may apply to the administration of this section, any functions of the President under such chapter, except that of reporting to the Congress, shall be performed by the Secretary of Health and Human Services in accordance with the guidelines and procedures issued by the Administrator of General Services.
(e) Termination.--The Council shall terminate 2 years after the date of enactment of this Act, unless extended by the President.
(f) Availability of Amounts.--Amounts appropriated after the date of enactment of this Act to carry out the Presidential Youth Fitness Program may be used to establish the Presidential Fitness Test in schools in the United States.
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SA 6032. Mr. MARSHALL 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:
Text printed in the Record (1,765 characters)
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON FLAGS OTHER THAN THE FLAG OF THE
UNITED STATES.
(a) Definitions.--In this section:
(1) Flag of the united states.--The term "flag of the United States" has the meaning given the term in section 700(b) of title 18, United States Code.
(2) Public building.--
(A) In general.--Except as provided in subparagraph (B), the term "public building" has the meaning given the term in section 3301(a) of title 40, United States Code.
(B) Inclusion.--The term "public building" includes--
(i) a military installation (as defined in section 2801(c) of title 10, United States Code); and
(ii) any embassy or consulate of the United States.
(b) Prohibitions.--Notwithstanding any other provision of law and except as provided in subsection (c), no flag that is not the flag of the United States may be flown, draped, or otherwise displayed--
(1) on the exterior of a public building; or
(2) in the hallway of a public building.
(c) Exceptions.--The prohibitions under subsection (b) shall not apply to--
(1) a National League of Families POW/MIA flag (as designated by section 902 of title 36, United States Code);
(2) any flag that represents the nation of a visiting diplomat;
(3) the State flag of the State represented by a member of Congress, outside or within the office of the member;
(4) in the case of a military installation, any flag that represents a unit or branch of the Armed Forces;
(5) any flag that represents an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); or
(6) any flag that represents the State, territory, county, city, or local jurisdiction in which the public building is located.
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SA 6033. Mr. MARSHALL 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:
Text printed in the Record (445 characters)
At the appropriate place in title X, insert the following:
SEC. 10___. LIMITATION ON AVAILABILITY OF FUNDS FOR CELL-
CULTURED MEAT PRODUCTS.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of Defense may be obligated or expended to develop or procure any cell-cultured meat product for the purpose of feeding any member of the United States Armed Forces.
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SA 6034. Mr. MARSHALL (for himself and Mr. Warnock) 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:
Text printed in the Record (5,190 characters)
At the end of subtitle C of title VI, add the following:
SEC. 624. PILOT PROGRAM TO PROVIDE COUPONS TO JUNIOR ENLISTED
MEMBERS TO PURCHASE FOOD AT COMMISSARIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) members of the Armed Forces and their families deserve access to affordable and healthy food options, including during their duty day;
(2) there has been increased awareness about the challenges members and their families face in accessing affordable and healthy food options;
(3) those challenges have been especially acute for unaccompanied junior enlisted members who live in government-provided quarters on military installations; and
(4) the Department of Defense should explore a variety of proposals for expanding the accessibility of healthy and affordable food options to members, especially members who live in unaccompanied housing on military installations.
(b) Pilot Program.--
(1) 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.
(2) Selection of installations.--
(A) In general.--The Secretary may conduct the pilot program authorized by paragraph (1) at 2 military installations.
(B) Considerations.--In selecting installations for the pilot program authorized by paragraph (1), the Secretary shall consider installations with--
(i) large numbers of enlisted members who live in unaccompanied housing;
(ii) the largest ratios of enlisted members to commissioned officers;
(iii) unaccompanied housing that provides access to functioning kitchens that residents may use to prepare meals;
(iv) commissaries that are experimenting with or expanding their selection of nutritious and minimally processed ready-made and easy-to-make food options;
(v) low rates of attendance at dining facilities;
(vi) 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
(vii) commissaries located within easily accessible distances from unaccompanied housing.
(3) Coupons.--
(A) Amount.--The Secretary may determine the amount of the coupons to be provided under the pilot program authorized by paragraph (1).
(B) Use.--
(i) In general.--A coupon provided under the pilot program authorized by paragraph (1) may be used only to purchase food at commissaries.
(ii) Exclusions.--A coupon provided under the pilot program authorized by paragraph (1) 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.
(C) Supplement to other food assistance.--A coupon provided to a member under the pilot program authorized by paragraph (1) shall be supplement and not supplant--
(i) the basic allowance for subsistence under section 402 of title 37, United States Code; and
(ii) any program to provide meals or rations in kind for which the member is eligible.
(4) Duration of pilot program.--The pilot program authorized by paragraph (1) shall terminate not later than one year after the pilot program commences.
(5) Report required.--
(A) In general.--Not later than 90 days after the termination under paragraph (4) of the pilot program authorized by paragraph (1), the Secretary of Defense shall submit to the congressional defense committees a report detailing the results of the pilot program.
(B) Elements.--The report required by subparagraph (A) shall include an assessment of the following:
(i) The use of coupons by members who received coupons under the pilot program.
(ii) The satisfaction of and feedback from such members relating to the coupons.
(iii) 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.
(iv) 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.
(v) 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.
(c) 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.
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SA 6035. Mr. PETERS (for himself and Mr. Rounds) 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:
Text printed in the Record (8,916 characters)
At the appropriate place in title X, insert the following:
SEC. ___. REAUTHORIZATION OF THE CYBERSECURITY INFORMATION
SHARING ACT OF 2015.
(a) In General.--The Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq.) is amended--
(1) in section 102 (6 U.S.C. 1501; relating to definitions)--
(A) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (18) as paragraphs (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), and (20), respectively; and
(B) by inserting after paragraph (3) the following new paragraphs:
"(4) Artificial intelligence.--The term `artificial intelligence' has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
"(5) Critical infrastructure.--The term `critical infrastructure' has the meaning given such term in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).";
(2) in section 103 (6 U.S.C. 1502; relating to sharing of information by the Federal Government)--
(A) in subsection (a), in the matter preceding paragraph (1), by striking "develop and issue" and inserting "develop, issue, and, as appropriate, update"; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by inserting "and, as appropriate, updated," after "developed";
(II) by amending subparagraph (A) to read as follows:
"(A) ensure the Federal Government has and maintains the capability to share cyber threat indicators and defensive measures in real-time consistent with the protection of classified information, and maintains the capability to provide technical assistance, on a voluntary basis, to non-Federal entities in utilizing cyber threat indicators and defensive measures for cybersecurity purposes;";
(III) in subparagraph (E)(ii), by striking "and" after the semicolon;
(IV) in subparagraph (F), by striking the period and inserting "; and"; and
(V) by adding at the end the following new subparagraph:
"(G) pursuant to section 2212 of the Homeland Security Act of 2002 (6 U.S.C. 662), provide one-time read-ins, as appropriate, to select individuals identified by non-Federal entities that own or operate critical infrastructure or artificial intelligence;"; and
(ii) in paragraph (2)--
(I) by inserting "and, as appropriate, updating," after "developing"; and
(II) by inserting "and defensive measures" after "promote the sharing of cyber threat indicators"; and
(C) in subsection (c)--
(i) by inserting "and not later than 60 days after any update, as appropriate, of procedures required by subsection (a)," after "Act,"; and
(ii) by inserting "(or update, as appropriate)" after "procedures";
(3) in section 104 (6 U.S.C. 1503; relating to authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats)--
(A) in paragraph (3) of subsection (c)--
(i) in the matter preceding subparagraph (A), by striking "shall be" and inserting "may be";
(ii) in subparagraph (A), by striking "or" after the semicolon;
(iii) in subparagraph (B), by striking the period and inserting "; or"; and
(iv) by adding at the end the following new subparagraph:
"(C) to preclude the use of artificial intelligence that is strictly deployed for cybersecurity purposes in carrying out the activities authorized under paragraph (1) provided that such deployment complies with section 105(d)(5)."; and
(B) in subparagraph (B) of subsection (d)(2), by inserting ", which may utilize artificial intelligence that is strictly deployed for cybersecurity purposes," after "technical capability";
(4) in section 105 (6 U.S.C. 1504; relating to sharing of cyber threat indicators and defensive measures with the Federal Government)--
(A) in subsection (a)--
(i) in paragraph (2), by adding at the end the following new sentences: "As appropriate, the Attorney General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, jointly update such policies and procedures, and issue and make publicly available such updated policies and procedures. Such updates shall prioritize rapid dissemination to State, local, Tribal, and territorial governments and owners and operators of non-Federal critical infrastructure or artificial intelligence of relevant and actionable cyber threat indicators and defensive measures.";
(ii) in paragraph (3), in the matter preceding subparagraph (A), by striking "developed or issued" and inserting "developed, issued, or, as appropriate, updated,"; and
(iii) in paragraph (4)--
(I) in subparagraph (A), by adding at the end the following new sentence: "As appropriate, the Attorney General and the Secretary of Homeland Security shall jointly update and make publicly available such guidance to so assist entities and promote such sharing of cyber threat indicators and defensive measures with such Federal entities under this title."; and
(II) in subparagraph (B), in the matter preceding clause (i), by inserting "and, as appropriate, updated," after "developed";
(B) in subsection (b)--
(i) in paragraph (2)(B), by inserting ", and, as appropriate, update," after "review"; and
(ii) in paragraph (3), in the matter preceding subparagraph (A), by inserting "and, as appropriate, updated," after "required"; and
(C) in subsection (c)(1)(D), by inserting ", including if such capability and process employs artificial intelligence" before the semicolon; and
(D) in subsection (d)--
(i) in paragraph (1), by striking "trade secret protection" and inserting "intellectual property protection"; and
(ii) in paragraph (5)(A)--
(I) in clause (iv), by striking "or" after the semicolon;
(II) in clause (v)(III), by striking the period and inserting "; or"; and
(III) by adding at the end the following new clause:
"(vi) the purpose of rapidly providing to other Federal entities awareness of a cybersecurity threat that may impact the information systems of such Federal entities.";
(5) in section 108 (6 U.S.C. 1507; relating to construction and preemption)--
(A) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking "shall be" and inserting "may be";
(ii) in paragraph (2), by striking "or" after the semicolon;
(iii) in paragraph (3), by striking the period and inserting "; or"; and
(iv) by adding at the end the following new paragraph:
"(4) to preclude the use of artificial intelligence that is strictly deployed for cybersecurity purposes in carrying out activities authorized by this title."; and
(B) in subsection (f)(3), by inserting "to share cyber threat indicators or defensive measures" after "relationship";
(6) in section 109 (6 U.S.C. 1508; relating to report on cybersecurity threats)--
(A) in subsection (a)--
(i) by inserting "and not later than September 30 of every two years thereafter," after "Act,";
(ii) by inserting "the Secretary of Homeland Security and" after "in coordination with";
(iii) by inserting "and the Committee on Homeland Security and Governmental Affairs" before "of the Senate";
(iv) by inserting "and the Committee on Homeland Security" before "of the House"; and
(v) by inserting "prepositioning activities, ransomware," after "attacks,"; and
(B) in subsection (b)--
(i) by inserting "prepositioning activities, ransomware," after "attacks," each place it appears; and
(ii) in paragraph (2), by inserting "prepositioning activity, ransomware," after "attack,"; and
(7) in section 111(a) (6 U.S.C. 1510(a), relating to effective period), by striking "September 30, 2026" and inserting "September 30, 2036".
(b) Conforming Amendments.--Section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650; relating to definitions) is amended--
(1) in paragraph (5)--
(A) in subparagraph (B), by inserting "or compromising" after "defeating";
(B) in subparagraph (C), by inserting "including a security vulnerability affecting an information system or a technology included in the critical and emerging technologies list of the Office of Science and Technology Policy or successor list, such as artificial intelligence, which may be in a Federal entity's or non-Federal entity's software or hardware supply chain," after "security vulnerability,";
(C) in subparagraph (D), by inserting "or compromise" after "defeat"; and
(D) in subparagraph (F), by inserting "or compromised" after "exfiltrated";
(2) in paragraph (14), by amending subparagraph (B) to read as follows:
"(B) includes, in accordance with section 104(d)(2) of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1503(d)(2)), operational technology, including industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers."; and
(3) in paragraph (25), by inserting "or compromise" after "defeat".
______
SA 6036. Mr. PETERS (for himself and Mr. Rounds) 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:
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At the appropriate place in title X, insert the following:
SEC. ___. TEN-YEAR EXTENSION OF CYBERSECURITY INFORMATION
SHARING ACT OF 2015.
Section 111(a) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1510(a)) is amended by striking "September 30, 2026" and inserting "September 30, 2036".
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SA 6037. Mr. PADILLA 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:
Text printed in the Record (6,417 characters)
At the appropriate place in title V, insert the following:
SEC. __. PILOT PROGRAM TO SUPPORT MEMBERS OF THE ARMED FORCES
AND MILITARY FAMILIES TRANSITIONING TO CIVILIAN
LIFE.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a non-clinical, community-based pilot program under which eligible organizations shall provide support to members of the Armed Forces and military families transitioning to civilian life.
(b) Purpose.--The purpose of the pilot program shall be--
(1) to provide personalized, whole-family transition and wellness support to strengthen resilience, stability, and long-term well-being during and after separation from the Armed Forces; and
(2) to treat transition as a whole-family life change and complement (not duplicate) the Transition Assistance Program through upstream, preventative support.
(c) Locations; Duration.--
(1) In general.--The Secretary of Defense shall carry out the pilot program at four geographically diverse military installations during the three-year period beginning on the date of the enactment of this Act.
(2) Locations.--To the extent practicable, the Secretary of Defense shall carry out the pilot program at one military installation in each of the following areas:
(A) The West Coast of the United States.
(B) The Midwest of the United States.
(C) The East Coast of the United States.
(D) Outside of the United States.
(3) Preference.--In selecting locations for the pilot program, the Secretary of Defense shall give preference to locations that serve as major force projection platforms.
(d) Eligible Organizations; Selection.--The Secretary of Defense shall select organizations to participate in the pilot program from among national organizations serving members of the Armed Forces, veterans, and their families with a demonstrated capability to execute national programs through a community-based lens to provide or coordinate the provision of military transition services for such individuals.
(e) Eligible Members and Families; Priority; Referrals.--
(1) In general.--An individual is eligible for services under the pilot program if the individual is--
(A) a member of the Armed Forces on active duty who is within one year of separation from the Armed Forces, including a single member without dependents; or
(B) a member of the family of a member of the Armed Forces described in subparagraph (A).
(2) Priority.--In selecting members of the Armed Forces and families for the pilot program, organizations participating in the pilot program shall prioritize--
(A) members of the Armed Forces facing accelerated or involuntary separations from the Armed Forces, and families of such members; and
(B) members of the Armed Forces with limited time for transition planning, and families of such members.
(3) Referrals.--Eligible members of the Armed Forces and families may be referred to the pilot program through any of the following:
(A) The Transition Assistance Program.
(B) The command of the member.
(C) A partner organization.
(D) Self-referral.
(f) Activities.--
(1) In general.--Under the pilot program, each organization participating in the pilot program, in collaboration with local Transition Assistance Program offices, shall--
(A) identify eligible members of the Armed Forces and families;
(B) provide to such members and families, during the one-year period following separation from the Armed Forces, the services described in paragraph (2); and
(C) track the progress of such members and families.
(2) Services.--In carrying out paragraph (1)(B), each organization participating in the pilot program shall--
(A) provide resources, training, and community connection support, including--
(i) peer-led support groups;
(ii) resilience workshops;
(iii) a digital resource hub focused on emotional wellness, practical life skills, and community reintegration for spouses, children, and caregivers;
(iv) employment assistance for spouses;
(v) skills training and credentialing;
(vi) benefits navigation; and
(vii) reintegration and wellness support;
(B) assign each single member of the Armed Forces or family, as the case may be, a dedicated transition coordinator to conduct assessments, develop personalized transition plans, and provide high-touch navigation across employment, education, healthcare, benefits, and community resources;
(C) perform a whole-family wellness and transition assessment that produces a customized transition roadmap aligned to separation timeline, reason for separation, and family dynamics;
(D) establish tailored support pathways based on individualized needs rather than a one-size-fits-all approach; and
(E) connect families to and coordinate with existing Federal, State, nonprofit, and community resources, rather than create duplicative programs.
(g) Outcomes.--Each organization participating in the pilot program shall track the following:
(1) Short-term outcomes, from 0 to 6 months post-separation, including readiness and confidence, stress, status of transition plans, and resource connections.
(2) Mid-term outcomes, from 6 to 12 months post-separation, including employment outcomes, financial stability, and family wellbeing.
(3) Long-term outcomes, from 12 to 36 months post-separation, including employment outcomes, resilience, and crisis intervention needs.
(h) Implementation.--In carrying out the pilot program, the Secretary of Defense and the Secretary of Veterans Affairs shall coordinate and ensure a seamless post-separation handoff of services between the Department of Defense and the Department of Veterans Affairs.
(i) Report.--Not later than 180 days after the date on which the pilot program terminates, the Secretary of Defense shall submit to Congress a report that includes the following:
(1) A detailed accounting of the results of the pilot program.
(2) A recommendation on whether to extend the pilot program.
(j) Definitions.--In this section:
(1) Pilot program.--The term "pilot program" means the pilot program established under subsection (a).
(2) Transition assistance program.--The term "Transition Assistance Program" means the program of the Department of Defense for preseparation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code.
______
SA 6038. Mr. PADILLA 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. SCARPER RIDGE BOUNDARY ADJUSTMENT.
Section 2(a)(2) of Public Law 92-589 (16 U.S.C. 460bb-1(a)(2)) is amended by adding at the end the following:
"(F) Land generally depicted as `Proposed Boundary Addition' on the map entitled `Golden Gate National Recreation Area Proposed Boundary Addition', numbered 641/ 193973, and dated July 2024.".
______
SA 6039. Mr. PADILLA 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:
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At the end of title X, add the following:
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the "Save Our Sequoias Act".
SEC. 1094A. DEFINITIONS.
In this subtitle:
(1) Assessment.--The term "Assessment" means the Giant Sequoia Health and Resiliency Assessment required by section 1094D.
(2) Coalition.--The term "Coalition" means the Giant Sequoia Lands Coalition codified under section 1094C(a).
(3) Collaborative process.--The term "collaborative process" means a collaborative process as described in section 4003(b)(2) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)(2)).
(4) Covered national forest system lands.--The term "covered National Forest System lands" means the proclaimed National Forest System lands reserved or withdrawn from the public domain of the United States covering the Sequoia National Forest and Giant Sequoia National Monument, Sierra National Forest, and Tahoe National Forest.
(5) Covered public lands.--The term "covered public lands" means--
(A) the Case Mountain Extensive Recreation Management Area in California managed by the Bureau of Land Management; and
(B) Kings Canyon National Park, Sequoia National Park, and Yosemite National Park in California managed by the National Park Service.
(6) Giant sequoia.--The term "giant sequoia" means a tree of the species Sequoiadendron giganteum.
(7) Protection project.--The term "Protection Project" means a Giant Sequoia Protection Project carried out under section 1094E.
(8) Reforestation.--The term "reforestation" means the act of renewing tree cover, taking into consideration species composition and resilience, by establishing young trees through--
(A) natural regeneration;
(B) natural regeneration with site preparation and vegetation competition control; or
(C) planting or direct seeding.
(9) Rehabilitation.--The term "rehabilitation" means any action taken during the 5-year period beginning on the last day of a wildland fire to repair or improve fire-impacted lands which are unlikely to recover to management-approved conditions.
(10) Relevant congressional committees.--The term "relevant Congressional Committees" means--
(A) the Committees on Natural Resources, Agriculture, and Appropriations of the House of Representatives; and
(B) the Committees on Energy and Natural Resources, Agriculture, Nutrition, and Forestry, and Appropriations of the Senate.
(11) Responsible official.--The term "responsible official" means an employee of the Department of the Interior or Forest Service who has the authority to make and implement a decision on a proposed action.
(12) Secretary.--The term "Secretary" means the Secretary of the Interior.
(13) Secretary concerned.--The term "Secretary concerned" means--
(A) the Secretary of Agriculture, with respect to covered National Forest System lands, or their designee; and
(B) the Secretary of the Interior, with respect to covered public lands, or their designee.
(14) Strategy.--The term "Strategy" means the Giant Sequoia Reforestation and Rehabilitation Strategy established under section 1094F.
(15) Strike team.--The term "Strike Team" means a Giant Sequoia Strike Team established under section 1094G.
(16) Tribe.--The term "Tribe" means the Tule River Indian Tribe of the Tule River Reservation, California.
SEC. 1094B. SHARED STEWARDSHIP AGREEMENT FOR GIANT SEQUOIAS.
(a) In General.--Not later than 90 days after receiving a request from the Governor of the State of California or the Tribe, the Secretary shall enter into or expand an existing shared stewardship agreement or enter into a similar agreement with the Secretary of Agriculture, the Governor of the State of California, and the Tribe to jointly carry out the short-term and long-term management and conservation of giant sequoias.
(b) Participation.--
(1) In general.--If the Secretary has not received a request from the Governor of the State of California or the Tribe under subsection (a) before the date that is 90 days after the date of enactment of this Act, the Secretary shall enter into the agreement under subsection (a) and jointly implement such agreement with the Secretary of Agriculture.
(2) Future participation.--If the Secretary receives a request from the Governor of the State of California or the Tribe any time after entering into the agreement with the Secretary of Agriculture under paragraph (1), the Secretary shall accept the Governor of the State of California or the Tribe as a party to such agreement.
SEC. 1094C. GIANT SEQUOIA LANDS COALITION.
(a) Codification.--The Coalition is the entity established under the charter titled "Giant Sequoia Lands Coalition Charter" (or successor charter) signed during the period beginning June 2, 2022, and ending August 2, 2022, by each of the following:
(1) The National Park Service, representing Sequoia and Kings Canyon National Parks.
(2) The National Park Service, representing Yosemite National Park.
(3) The Forest Service, representing Sequoia National Forest and Giant Sequoia National Monument.
(4) The Forest Service, representing Sierra National Forest.
(5) The Forest Service, representing Tahoe National Forest.
(6) The Bureau of Land Management, representing Case Mountain Extensive Recreation Management Area.
(7) The Tribe, representing the Tule River Indian Reservation.
(8) The State of California, representing Calaveras Big Trees State Park.
(9) The State of California, representing Mountain Home Demonstration State Forest.
(10) The University of California, Berkeley, representing Whitaker's Research Forest.
(11) The County of Tulare, California, representing Balch Park.
(b) Duties.--In addition to the duties specified in the charter referenced in subsection (a), the Coalition shall--
(1) produce the Assessment under section 1094D;
(2) observe implementation, and provide policy recommendations to the Secretary concerned, with respect to--
(A) Protection Projects carried out under section 1094E; and
(B) the Strategy established under section 1094F;
(3) facilitate collaboration and coordination on Protection Projects, particularly projects that cross jurisdictional boundaries;
(4) facilitate information sharing, including best available science as described in section 1094D(d) and mapping resources; and
(5) support the development and dissemination of educational materials and programs that inform the public about the threats to the health and resiliency of giant sequoia groves and actions being taken to reduce the risk to such groves from high-severity wildfire, insects, and drought.
(c) Administrative Support, Technical Services, and Staff Support.--The Secretary shall make personnel of the Department of the Interior available to the Coalition for administrative support, technical services, development and dissemination of educational materials, and staff support that the Secretary determines necessary to carry out this section.
(d) Public Meeting Requirement.--
(1) In general.--Except as provided in paragraph (2), the Coalition shall provide for public observation at no less than one meeting annually.
(2) Closed sessions.--The Coalition may close portions of a meeting as provided in paragraph (1) to the public only when discussion will involve--
(A) sensitive law enforcement, security, or emergency response matters, the public disclosure of which would compromise public safety; or
(B) confidential commercial information, private property information, or landowner information.
SEC. 1094D.
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GIANT SEQUOIA HEALTH AND RESILIENCY ASSESSMENT.
(a) In General.--Not later than 6 months after the date of the enactment of this Act, the Coalition shall submit to the relevant Congressional Committees a Giant Sequoia Health and Resiliency Assessment that, based on the best available science--
(1) identifies--
(A) each giant sequoia grove that has experienced a--
(i) stand-replacing disturbance; or
(ii) disturbance but continues to have living giant sequoias within the grove, including identifying the tree mortality and regeneration of giant sequoias within such grove;
(B) each giant sequoia grove that is at high risk of experiencing a stand-replacing disturbance;
(C) lands--
(i) contiguous or adjacent to giant sequoia groves that are at risk of experiencing high-severity wildfires that could adversely impact such giant sequoia groves; or
(ii) in which the placement of fuel breaks could reduce the risk of high-severity wildfires that could adversely impact giant sequoia groves; and
(D) each giant sequoia grove that has experienced a disturbance and is unlikely to naturally regenerate and is in need of reforestation;
(2) analyzes the resiliency of each giant sequoia grove to threats, such as--
(A) high-severity wildfire;
(B) insects, including beetle kill; and
(C) drought;
(3) examines how historical, Tribal, or current approaches to wildland fire suppression and forest management activities across various jurisdictions have impacted the health and resiliency of giant sequoia groves with respect to--
(A) high-severity wildfires;
(B) insects, including beetle kill; and
(C) drought; and
(4) includes program and policy recommendations that address--
(A) options to enhance communication, coordination, and collaboration, particularly for cross-boundary projects, to improve the health and resiliency of giant sequoias; and
(B) research gaps that should be addressed to improve the best available science on the giant sequoias.
(b) Annual Updates.--Not later than 1 year after the submission of the Assessment under subsection (a), and annually thereafter, the Coalition shall submit an updated Assessment to the relevant Congressional Committees that--
(1) includes any new data, information, or best available science that has changed or
become available since the previous Assessment was submitted;
(2) with respect to Protection Projects--
(A) includes information on the number of Protection Projects initiated the previous year and the estimated timeline for completing those projects;
(B) includes information on the number of Protection Projects planned in the upcoming year and the estimated timeline for completing those projects;
(C) provides status updates and long-term monitoring reports on giant sequoia groves after the completion of Protection Projects; and
(D) if the Secretary concerned failed to reduce hazardous fuels in at least 3 giant sequoia groves in the previous year, a written explanation that includes--
(i) a detailed explanation of what impediments resulted in failing to reduce hazardous fuels in at least 3 giant sequoia groves; and
(ii) a detailed explanation of what actions the Secretary concerned is taking to ensure that hazardous fuels are reduced in at least 3 giant sequoia groves the following year; and
(3) with respect to reforestation and rehabilitation of giant sequoias--
(A) contains updates on the implementation of the Strategy under section 1094F, including grove-level data on reforestation and rehabilitation activities; and
(B) provides status updates and monitoring reports on giant sequoia groves that have experienced reforestation or rehabilitation as part of the Strategy under section 1094F.
(c) Dashboard.--
(1) Requirement to maintain.--The Coalition shall create and maintain a website that--
(A) publishes the Assessment, annual updates to the Assessment, and other educational materials developed by the Coalition;
(B) contains searchable information about individual giant sequoia groves, including the--
(i) resiliency of such groves to threats described in paragraphs (1) and (2) of subsection (a);
(ii) Protection Projects that have been proposed, initiated, or completed in such groves; and
(iii) reforestation and rehabilitation activities that have been proposed, initiated, or completed in such groves; and
(C) maintains a searchable database to track--
(i) the status of Federal environmental reviews and authorizations for specific Protection Projects and reforestation and rehabilitation activities; and
(ii) the projected cost of Protection Projects and reforestation and rehabilitation activities.
(2) Searchable database.--The Coalition shall include information on the status of Protection Projects in the searchable database created under paragraph (1)(C), including--
(A) a comprehensive permitting timetable;
(B) the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable;
(C) any modifications of the permitting timetable required under subparagraph (A), including an explanation as to why the permitting timetable was modified; and
(D) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.
(d) Best Available Science.--In utilizing the best available science for the Assessment, the Coalition shall include--
(1) data and peer-reviewed research from academic institutions with a demonstrated history of studying giant sequoias and with experience analyzing distinct management strategies to improve giant sequoia resiliency;
(2) traditional ecological knowledge from the Tribe related to improving the health and resiliency of giant sequoia groves; and
(3) data from Federal, State, Tribal, and local governments or agencies, and other interested stakeholders with a demonstrated history of studying giant sequoias and with experience analyzing distinct management strategies to improve giant sequoia resiliency.
(e) Technology Improvements.--In carrying out this section, the Secretary may enter into memorandums of understanding or agreements with other Federal agencies or departments, State or local governments, Tribal governments, private entities, or academic institutions to improve, with respect to the Assessment, the use and integration of--
(1) advanced remote sensing and geospatial technologies;
(2) statistical modeling and analysis; or
(3) any other technology the Secretary determines will benefit the quality of information used in the Assessment.
(f) Planning.--The Coalition shall make information from this Assessment available to the Secretary concerned and State of California to integrate into the--
(1) State of California's Wildfire and Forest Resilience Action Plan;
(2) Forest Service's 10-year Wildfire Crisis Strategy (or successor plan); and
(3) Department of the Interior's Wildfire Risk Five-Year Monitoring, Maintenance, and Treatment Plan (or successor plan).
(g) Relation to the National Environmental Policy Act of 1969.--The development and submission of the Assessment under subsection (a) shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 1094E. GIANT SEQUOIA EMERGENCY RESPONSE.
(a) Emergency Response To Protect Giant Sequoias.--
(1) In general.--
(A) Emergency determination.--Congress determines that--
(i) an emergency exists on covered public lands and covered National Forest System lands that makes it necessary to carry out Protection Projects that take needed actions to respond to the threat of wildfires, insects, and drought to giant sequoias; and
(ii) Protection Projects are necessary to control the immediate impacts of the emergency described in clause (i) and are needed to mitigate harm to life, property, or important natural or cultural resources on covered public lands and covered National Forest System lands.
(B) Application.--The emergency determination established under subparagraph (A) shall apply to all covered public lands and covered National Forest System lands.
(C) Expiration.--The emergency determination established under subparagraph (A) shall expire on the date that is 7 years after the date of the enactment of this Act.
(2) Implementation.--While the emergency determination established under paragraph (1) is in effect, the following shall apply:
(A) The Secretary concerned, acting through a responsible official, shall carry out Protection Projects on covered public lands and covered National Forest System lands in accordance with this section, all applicable land management plans, and the laws (including regulations) applicable to the Secretary concerned.
(B) A responsible official shall carry out Protection Projects in accordance with the following, as applicable:
(i) Section 220.4(b) of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands.
(ii) Section 46.150 of title 43, Code of Federal Regulations (as in effect October 12, 2022), with respect to covered public lands.
(iii) Section 402.05 of title 50, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands.
(iv) Section 800.12 of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands.
(C) The rules established under subsections (d) and (e) of section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c(d), (e)) shall apply with respect to Protection Projects by substituting "Protection Projects" for "authorized emergency action under this section" each place it appears in such subsections.
(D) Protection Projects shall be subject to the requirements of section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516).
(3) Protection projects.--The responsible official shall carry out the following forest management activities as Protection Projects under the emergency determination under this section:
(A) Conducting hazardous fuels management, including mechanical thinning, mastication, and prescribed burning.
(B) Removing hazard trees, dead trees, or dying trees, as determined by the responsible official.
(C) Removing trees to address overstocking or crowding in a forest stand, consistent with the appropriate basal area of the forest stand and the best available science, as determined by the responsible official.
(D) Activities to address insects, disease, invasive species, and vegetative encroachment of a giant sequoia grove.
(E) Any combination of activities described in this paragraph.
(4) Requirements.--
(A) In general.--Protection Projects carried out under paragraph (3) and reforestation and rehabilitation activities carried out under this subtitle that are described by subparagraph (C) are categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
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4332).
(B) Availability.--The Secretary concerned shall use the categorical exclusion established under subparagraph (A) in accordance with this section.
(C) Requirements.--A Protection Project or reforestation or rehabilitation activity is described by this subparagraph if such Protection Project or reforestation or rehabilitation activity--
(i) covers an area of no more than--
(I) 2,000 acres within giant sequoia groves; and
(II) 3,000 acres on lands identified under section 1094D(a)(1)(C); and
(ii) occurs on Federal land or non-Federal land with the consent of the non-Federal landowner.
(D) Extraordinary circumstances.--The extraordinary circumstances procedures under provisions (e) through (g) of section 1b.3 of title 7, Code of Federal Regulations, shall apply to a Protection Project or reforestation or rehabilitation activity that is categorically excluded under subparagraph (A).
(E) Use of other authorities.--To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out Protection Projects, including--
(i) good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and
(ii) stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c).
(F) Savings clause.--With respect to joint Protection Projects and reforestation and rehabilitation activities involving the Tribe, nothing in this section shall be construed to add any additional regulatory requirements onto the Tribe.
(b) Implementation.--To the maximum extent practicable, the Secretary concerned shall reduce hazardous fuels in no fewer than 3 giant sequoia groves each year.
(c) Public Notice.--The Secretary concerned shall provide notice of each Protection Project on a publicly available website maintained by the Secretary concerned.
SEC. 1094F. GIANT SEQUOIA REFORESTATION AND REHABILITATION
STRATEGY.
(a) Reforestation and Rehabilitation Strategy.--
(1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the Coalition, shall develop and implement a strategy, to be known as the Giant Sequoia Reforestation and Rehabilitation Strategy, to enhance the reforestation and rehabilitation of giant sequoia groves that--
(A) identifies giant sequoia groves in need of reforestation or rehabilitation, giving highest priority to groves identified under section 1094D(a)(1)(A)(i);
(B) creates a priority list of reforestation and rehabilitation activities;
(C) identifies and addresses--
(i) barriers to reforestation or rehabilitation, including--
(I) regulatory and funding barriers;
(II) seedling shortages or related nursery infrastructure capacity constraints;
(III) labor and workforce shortages;
(IV) technology and science gaps; and
(V) site preparation challenges;
(ii) potential public-private partnership opportunities to complete high-priority reforestation or rehabilitation projects;
(iii) a timeline for addressing the backlog of reforestation for giant sequoias in the 10-year period after the agreement is entered into under section 1094B; and
(iv) strategies to ensure genetic diversity across giant sequoia groves; and
(D) includes program and policy recommendations needed to improve the efficiency or effectiveness of the Strategy.
(2) Assessment.--The Secretary may incorporate the Strategy into the Assessment under section 1094D.
(b) Priority Reforestation Projects Amendment.--Section 3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)(C)(ii)(I)) is amended--
(1) in item (bb), by striking "and";
(2) in item (cc), by striking the period and inserting "; and"; and
(3) by adding at the end the following:
"(dd) shall include reforestation and rehabilitation activities conducted under section 1094F of the Save Our Sequoias Act.".
SEC. 1094G. GIANT SEQUOIA STRIKE TEAMS.
(a) Giant Sequoia Strike Teams.--
(1) Establishment.--The Secretary concerned shall each establish a Giant Sequoia Strike Team to assist the Secretary concerned with the implementation of--
(A) primarily, section 1094E; and
(B) secondarily, section 1094F.
(2) Duties.--Each Strike Team shall--
(A) assist the Secretary concerned with any reviews, including analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consultations under division A of subtitle III of title 54, United States Code (commonly referred to as the "National Historic Preservation Act"), and consultations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(B) implement any necessary site preparation work in advance of or as part of a Protection Project or reforestation or rehabilitation activity;
(C) implement Protection Projects under section 1094E; and
(D) implement reforestation or rehabilitation activities under section 1094F.
(3) Members.--The Secretary concerned may appoint no more than 10 individuals each to serve on a Strike Team comprised of--
(A) employees of the Department of the Interior;
(B) employees of the Forest Service;
(C) private contractors from any nonprofit organization, State government, Tribal Government, local government, academic institution, or private organization; and
(D) volunteers from any nonprofit organization, State government, Tribal Government, local government, academic institution, or private organization.
SEC. 1094H. GIANT SEQUOIA COLLABORATIVE RESTORATION GRANTS.
(a) In General.--The Secretary, in consultation with the parties to the agreement under section 1094B, shall establish a program or expand an existing program to award grants to eligible entities to advance, facilitate, or improve giant sequoia health and resiliency.
(b) Eligible Entity.--The Secretary may award grants under this section to any nonprofit organization, Tribal Government, local government, academic institution, or private organization to help advance, facilitate, or improve giant sequoia health and resiliency.
(c) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that--
(1) primarily, are likely to have the greatest impact on giant sequoia health and resiliency; and
(2) secondarily--
(A) are small businesses or Tribal entities, particularly in rural areas; and
(B) create or support jobs, particularly in rural areas.
(d) Use of Grant Funds.--Funds from grants awarded under this section shall be used to--
(1) create, expand, or develop markets for hazardous fuels removed under section 1094E, including markets for biomass and biochar;
(2) facilitate hazardous fuel removal under section 1094E, including by reducing the cost of transporting hazardous fuels removed as part of a Protection Project;
(3) expand, enhance, develop, or create facilities or land that can store or process hazardous fuels removed under section 1094E;
(4) establish, develop, expand, enhance, or improve nursery capacity or infrastructure necessary to facilitate the Strategy established under section 1094F; or
(5) support Tribal management and conservation of giant sequoias, including funding for Tribal historic preservation officers.
SEC. 1094I. GIANT SEQUOIA INSECT MONITORING AND TECHNOLOGY.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary concerned shall--
(1) develop and implement a strategy for monitoring insects in giant sequoia groves with a high-risk or previous history of insect infestations; and
(2) seek to enter into public-private partnerships to deploy technology to assist in the short-term and long-term monitoring of giant sequoia groves with current or potential insect infestations.
(b) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary concerned shall submit a report to the relevant Congressional Committees that contains--
(1) the strategy required under subsection (a)(1);
(2) an update on the effectiveness of the monitoring program in preventing or addressing insect infestations in giant sequoia groves; and
(3) program and policy recommendations to further address--
(A) research gaps regarding giant sequoia resiliency to insects; and
(B) opportunities to improve the resiliency of giant sequoias to insects.
SEC. 1094J. STEWARDSHIP CONTRACTING FOR GIANT SEQUOIAS.
(a) National Park Service.--Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended--
(1) by amending subsection (a)(2) to read as follows:
"(2) Director.--The term `Director' means the Director of the Bureau of Land Management with respect to Bureau of Land Management lands and the Director of the National Park Service with respect to lands within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park."; and
(2) in subsection (b), by striking "national forests and the public lands" and inserting "national forests, public lands, and lands within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park".
(b) Giant Sequoia Stewardship Contracts.--Section 604(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended by adding at the end the following:
"(8) Promoting the health and resiliency of giant sequoias.".
(c) Stewardship Contracting in Certain National Parks.--Stewardship contracting projects occurring in Kings Canyon National Park, Sequoia National Park, and Yosemite National Park shall be carried out in accordance with the laws (including regulations) applicable to the National Park Service, including section 100753 of title 54, United States Code.
SEC. 1094K. GIANT SEQUOIA EMERGENCY PROTECTION PROGRAM AND
FUND.
(a) In General.--Chapter 1011 of title 54, United States Code, is amended by inserting at the end the following:
"Sec. 101123.
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Giant Sequoia Emergency Protection Program and
Fund
"(a) Giant Sequoia Emergency Protection Program.--The National Park Foundation, in coordination with the National Forest Foundation and the Foundation for America's Public Lands, shall design and implement a comprehensive program to assist and promote philanthropic programs of support that benefit--
"(1) primarily, the management and conservation of giant sequoias on covered public lands and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and
"(2) secondarily, the reforestation of giant sequoias on covered public lands and covered National Forest System lands impacted by wildfire.
"(b) Giant Sequoia Emergency Protection Fund.--
"(1) In general.--The National Park Foundation, in coordination with the National Forest Foundation and the Foundation for America's Public Lands, shall establish a joint special account to be known as the Giant Sequoia Emergency Protection Fund (referred to in this section as the `Fund'), to be administered in support of the program established under subsection (a).
"(2) Funds for giant sequoia emergency protection.--The Fund shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation, National Forest Foundation, or Foundation for America's Public Lands for the purpose described in paragraph (1).
"(3) Use of funds.--Funds shall be available to the National Park Foundation, National Forest Foundation, and Foundation for America's Public Lands without further appropriation, subject to the provisions in paragraph (4), for projects and activities approved by the Director of the National Park Service, Chief of the Forest Service, or Director of the Bureau of Land Management, as appropriate, or their designees, to--
"(A) primarily, support the management and conservation of giant sequoias on covered public lands and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and
"(B) secondarily, support the reforestation of giant sequoias on covered public lands and covered National Forest System lands impacted by wildfire.
"(4) Tribal support.--Of the funds provided to the National Park Foundation, National Forest Foundation, and Foundation for America's Public Lands under paragraph (3), not less than 15 percent of such funds shall be used to support Tribal management and conservation of giant sequoias, including funding for Tribal historic preservation officers.
"(c) Summary.--Beginning 1 year after the date of the enactment of this section, the National Park Foundation, National Forest Foundation, and Foundation for America's Public Lands shall include with their annual reports a summary of the status of the program and Fund created under this section that includes--
"(1) a statement of the amounts deposited in the Fund during the fiscal year;
"(2) the amount of the balance remaining in the Fund at the end of the fiscal year; and
"(3) a description of the program and projects funded during the fiscal year.
"(d) Definitions.--In this section, the terms `covered public lands' and `covered National Forest System lands' have the meaning given such terms in section 1094A of the Save Our Sequoias Act.
"(e) Termination of Effectiveness.--The authority provided by this section shall terminate 7 years after the date of enactment of the Save Our Sequoias Act.".
(b) Conforming Amendment.--The table of sections for chapter 1011 of title 54, United States Code, is amended by inserting at the end the following:
"101123. Giant Sequoia Emergency Protection Program and Fund.". ______
SA 6040. Mr. PADILLA 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. ADDITIONAL FUNDING FOR THE SAN JOAQUIN RIVER
RESTORATION SETTLEMENT ACT.
(a) Authorization of Appropriations To Implement Settlement.--Section 10009 of the San Joaquin River Restoration Settlement Act (Public Law 111-11; 123 Stat. 1355) is amended--
(1) in subsection (a)(1), by striking "$250,000,000" and inserting "$750,000,000"; and
(2) in subsection (b)(1), by striking "$250,000,000" and inserting "$750,000,000".
(b) Authorization of Appropriations for Friant Division Improvements.--Section 10203(c) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1367) is amended by striking "$50,000,000" and inserting "$75,000,000".
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SA 6041. Mr. PADILLA 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. NATIONAL ACADEMY OF SCIENCES STUDY OF FEDERAL
RESERVATION SYSTEMS FOR RECREATIONAL ACTIVITIES
ON FEDERAL LAND.
(a) Definitions.--In this section:
(1) Booking window.--The term "booking window", with respect to a Federal reservation system, means the time period during which a reservation or lottery entry is available to the public.
(2) Federal land.--The term "Federal land" means--
(A) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(B) National Forest System land;
(C) units of the National Park System;
(D) units of the National Wildlife Refuge System;
(E) sites administered by the Bureau of Reclamation; and
(F) sites administered by the Corps of Engineers.
(3) Federal reservation system.--
(A) In general.--The term "Federal reservation system" means any platform or method used by managers of Federal land to manage the quantity, type, distribution, and timing of recreational activities.
(B) Inclusions.--The term "Federal reservation system" includes reservation, permit, lottery, metering, pricing, merit-based, and other similar management methods via online, telephone, paper, in-person, or other methods.
(4) Recreational activity.--The term "recreational activity" includes camping, backpacking, climbing, paddling sports, fishing, hiking, driving, and other recreational opportunities.
(5) Secretaries.--The term "Secretaries" means--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture; and
(C) the Secretary of the Army, acting through the Chief of Engineers.
(b) Study.--
(1) In general.--The Secretaries, acting jointly, shall, not later than 60 days after the date of enactment of this Act, enter into an agreement with the National Academy of Sciences to carry out a study of Federal reservation systems for recreational activities on Federal land.
(2) Requirements.--In carrying out the study under paragraph (1), the National Academy of Sciences shall consult with the Secretaries to carry out the following:
(A) A review of the history of Federal reservation systems, such as recreation.gov, including a review of--
(i) the considerations, including data, that led to the establishment of the applicable Federal reservation system;
(ii) the iterations of the applicable Federal reservation system over time to meet the needs of the applicable Federal agency;
(iii) any visitor feedback provided with respect to the applicable Federal reservation system; and
(iv) scientific literature or studies examining the efficacy of Federal reservation systems, including user preferences with respect to Federal reservation system design and implementation.
(B) Based on available data and existing research, answer the following questions:
(i) What are the benefits and challenges of implementing Federal reservation systems to achieve management goals for Federal land, including resource protection, enjoyable visitor experiences, and sustainable operations and facility use?
(ii) What data are available, and what additional data are needed, to understand demand for recreation on Federal land? How can the data be used to balance visitor management and conservation goals?
(iii) What information is available regarding Federal land users and Federal reservation system users? What information is available or needs to be collected regarding demographics and characteristics of successful and unsuccessful applicants using the Federal reservation systems?
(iv) Do Federal reservation systems pose a barrier for certain communities, including international communities, and user groups to access appropriate recreation opportunities on Federal land? If so, what is the nature of any barriers identified?
(v) What best practices should be considered in Federal reservation system design, including visitation management system options and booking windows, options to respond to the needs specific to individual Federal land management units, and equitable access to recreational activities? What metrics can be used to record outcomes of Federal reservation system design?
(vi) How have fees been collected for Federal reservation systems over time to meet the needs of the applicable Federal agency? How are the revenues from fees for Federal reservation systems split between, and spent by, Federal land units, Federal agencies, and third-party contractors? How is the fee structure disseminated to users? How could dissemination of information with respect to the fee structure be improved?
(vii) What are the odds of success with respect to securing a reservation under Federal reservation systems? How are the odds of success disseminated to users? How could dissemination of information with respect to the odds of success be improved?
(viii) How are data, including data collected by contractors, on Federal reservation systems shared with Federal land managers, researchers, and the public? How can transparency be improved to inform the decision making of users of Federal reservation systems?
(ix) How are Federal reservation systems incorporating and adapting to emerging technologies, such as geofencing, bots, or third-party websites monitoring and reselling reservations? Are Federal reservation systems resilient to cyber threats?
(x) How can Federal reservation systems be improved to reduce "no shows" and ensure that recreation sites are being used during periods of high demand? Would an increase in first-come, first-served opportunities increase equitable access to outdoor recreation on Federal land?
(c) Report.--The agreement entered into under subsection (b)(1) shall include a requirement that, not later than 18 months after the date on which the agreement is entered into, the National Academy of Sciences shall submit to the appropriate committees of Congress a report that describes the results of the study carried out under that subsection.
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SA 6042. Mr. PADILLA 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:
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At the end, add the following:
DIVISION E--PROTECTION OF AND INVESTMENT IN CERTAIN FEDERAL LAND IN CALIFORNIA
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SEC. 5001. SHORT TITLE.
This division may be cited as the "Protecting Unique and Beautiful Landscapes by Investing in California Lands Act" or the "PUBLIC Lands Act".
SEC. 5002. DEFINITIONS.
In this division:
(1) Secretary.--The term "Secretary" means--
(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.
(2) State.--The term "State" means the State of California.
SEC. 5101. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Ecological integrity.--The term "ecological integrity" has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(2) Restoration.--The term "restoration" has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(3) Restoration area.--The term "restoration area" means the South Fork Trinity-Mad River Restoration Area established by subsection (b).
(4) Shaded fuel break.--The term "shaded fuel break" means a vegetation treatment that--
(A) reduces fuel characteristics in order to affect fire behavior such that a fire can be more readily controlled; and
(B) retains, to the maximum extent practicable--
(i) adequate canopy cover to suppress plant regrowth in the forest understory following treatment; and
(ii) the largest and most vigorous trees in order to provide the most shade per tree over the longest period of time.
(b) Establishment.--Subject to valid existing rights, there is established the South Fork Trinity-Mad River Restoration Area, comprising approximately 871,414 acres of Federal land administered by the Forest Service and the Bureau of Land Management, as generally depicted on the map entitled "South Fork Trinity-Mad River Restoration Area" and dated May 15, 2020.
(c) Purposes.--The purposes of the Restoration Area are--
(1) to establish, restore, and maintain fire-resilient mature and late successional forests, as ecologically appropriate;
(2) to protect and restore aquatic habitat and anadromous fisheries;
(3) to protect the quality of water;
(4) to reduce the threat posed by wildfires to neighboring communities; and
(5) to allow visitors to enjoy the scenic, recreational, natural, cultural, and wildlife values of the Restoration Area.
(d) Collaborative Restoration and Fire Management Plans.--Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture and Secretary of the Interior shall jointly submit to Congress--
(1) a plan to conduct restoration activities and improve the ecological integrity of the restoration area; and
(2) an updated fire management plan for the land that includes the restoration area.
(e) Collaboration Requirement.--In developing the plans required under subsection (d), the Secretary shall solicit input from a collaborative group that--
(1) includes--
(A) appropriate representatives of State and local governments; and
(B) multiple interested persons representing diverse interests; and
(2) is transparent and inclusive.
(f) Fire Management Plan Components.--The updated fire management plan required under subsection (d)(2) shall, to the maximum extent practicable, include--
(1) the use of prescribed fire; and
(2) the use of shaded fuel breaks.
(g) Management.--
(1) In general.--The Secretary shall conduct restoration activities in a manner consistent with the plans required under subsection (d).
(2) Conflict of laws.--
(A) In general.--The establishment of the restoration area shall not modify the management status of any land or water that is designated as a component of the National Wilderness Preservation System or the National Wild and Scenic Rivers System, including land or water designated as a component of the National Wilderness Preservation System or the National Wild and Scenic Rivers System by this division (including an amendment made by this division).
(B) Resolution of conflict.--If there is a conflict between a law applicable to a component described in subparagraph (A) and this section, the more restrictive provision shall control.
(h) Withdrawal.--Subject to valid existing rights, the restoration area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and geothermal leasing or mineral materials.
SEC. 5102. CALIFORNIA PUBLIC LAND REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term "partnership" means the California Public Land Remediation Partnership established by subsection (b).
(2) Priority land.--The term "priority land" means Federal land in the State that is determined by the partnership to be a high priority for remediation.
(3) Remediation.--
(A) In general.--The term "remediation" means to facilitate the recovery of land or water that has been degraded, damaged, or destroyed by illegal marijuana cultivation or another illegal activity.
(B) Inclusions.--The term "remediation" includes--
(i) the removal of trash, debris, or other material; and
(ii) establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial or aquatic ecosystem sustainability, resilience, or health under current and future conditions.
(b) Establishment.--There is established the California Public Land Remediation Partnership.
(c) Purposes.--The purposes of the partnership are to support coordination of activities among Federal, State, Tribal, and local authorities and the private sector in the remediation of priority land in the State affected by illegal marijuana cultivation or another illegal activity.
(d) Membership.--The members of the partnership shall include the following:
(1) The Secretary of Agriculture (or a designee) to represent the Forest Service.
(2) The Secretary of the Interior (or a designee) to represent--
(A) the United States Fish and Wildlife Service;
(B) the Bureau of Land Management; and
(C) the National Park Service.
(3) The Director of the Office of National Drug Control Policy (or a designee).
(4) The Secretary of the State Natural Resources Agency (or a designee) to represent the California Department of Fish and Wildlife.
(5) A designee of the California State Water Resources Control Board.
(6) A designee of the California State Sheriffs' Association.
(7) 1 member to represent federally recognized Indian Tribes, to be appointed by the Secretary of Agriculture.
(8) 1 member to represent nongovernmental organizations with an interest in Federal land remediation, to be appointed by the Secretary of Agriculture.
(9) 1 member to represent local governmental interests, to be appointed by the Secretary of Agriculture.
(10) A law enforcement official from each of the following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A subject matter expert to provide expertise and advice on methods needed for remediation efforts, to be appointed by the Secretary of Agriculture.
(12) A designee of the National Guard Counterdrug Program.
(13) Any other members that are determined to be appropriate by the partnership.
(e) Duties.--To further the purposes of this section and subject to subsection (f), the partnership shall--
(1) identify priority land for remediation in the State;
(2) secure voluntary contributions of resources from Federal sources and non-Federal sources for remediation of priority land in the State;
(3) support efforts by Federal, State, Tribal, and local agencies and nongovernmental organizations in carrying out remediation of priority land in the State;
(4) support research and education on the impacts of, and solutions to, illegal marijuana cultivation and other illegal activities on priority land in the State;
(5) involve other Federal, State, Tribal, and local agencies, nongovernmental organizations, and the public in remediation efforts
on priority land in the State, to the maximum extent practicable; and
(6) carry out any other administrative or advisory activities necessary to address remediation of priority land in the State.
(f) Limitation.--Nothing in this section limits the authorities of the Federal, State, Tribal, and local entities that comprise the partnership.
(g) Authorities.--Subject to the prior approval of the Secretary of Agriculture and consistent with applicable law (including regulations), the partnership may--
(1) provide grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with or provide technical assistance to Federal agencies, the State, political subdivisions of the State, nonprofit organizations, and other interested persons;
(3) identify opportunities for collaborative efforts among members of the partnership;
(4) hire and compensate staff;
(5) obtain funds or services from any source, including--
(A) Federal funds (including funds and services provided under any other Federal law or program); and
(B) non-Federal funds;
(6) coordinate to identify sources of funding or services that may be available for remediation activities;
(7) seek funds or services from any source, including--
(A) Federal funds (including funds and services provided under any other Federal law or program); and
(B) non-Federal funds; and
(8) support--
(A) activities of partners; and
(B) any other activities that further the purposes of this section.
(h) Procedures.--The partnership shall establish any internal administrative procedures for the partnership that the partnership determines to be necessary or appropriate.
(i) Local Hiring.--The partnership shall, to the maximum extent practicable and in accordance with existing law, give preference to local entities and individuals in carrying out this section.
(j) Service Without Compensation.--A member of the partnership shall serve without pay.
(k) Duties and Authorities of the Secretaries.--
(1) In general.--The Secretary of Agriculture shall convene the partnership on a regular basis to carry out this section.
(2) Technical and financial assistance.--The Secretary of Agriculture and the Secretary of the Interior may provide technical and financial assistance, on a reimbursable or nonreimbursable basis, as determined to be appropriate by the Secretary of Agriculture or the Secretary of the Interior, as applicable, to the partnership or any members of the partnership to carry out this section.
(3) Cooperative agreements.--The Secretary of Agriculture and the Secretary of the Interior may enter into cooperative agreements with the partnership, any member of the partnership, or other public or private entities to provide technical, financial, or other assistance to carry out this section.
SEC. 5103. LAND AND RESOURCE MANAGEMENT PLANS.
In revising the land and resource management plan for the Shasta-Trinity and Six Rivers National Forests, the Secretary of Agriculture shall consider the purposes of the South Fork Trinity-Mad River Restoration Area established by section 5101(b).
SEC. 5104.
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ANNUAL FIRE MANAGEMENT PLANS.
In revising the fire management plan for a wilderness area or wilderness addition designated by section 5301(a), the Secretary shall--
(1) develop spatial fire management plans in accordance with--
(A) the Guidance for Implementation of Federal Wildland Fire Management Policy, dated February 13, 2009, including any amendments to the guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire can be used to achieve ecological management objectives of wilderness and other natural or primitive areas; and
(B) in the case of a wilderness area to which land is added under section 5301, provides consistent direction regarding fire management to the entire wilderness area, including the wilderness addition;
(3) consult with--
(A) appropriate State, Tribal, and local governmental entities; and
(B) members of the public; and
(4) comply with applicable law (including regulations).
SEC. 5201. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary of Agriculture (referred to in this section as the "Secretary"), in cooperation with the Secretary of the Interior, shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a study that describes the feasibility of establishing a nonmotorized Bigfoot National Recreation Trail that follows the route described in paragraph (2).
(2) Route.--The route referred to in paragraph (1) shall extend from the Ides Cove Trailhead in the Mendocino National Forest to Crescent City, California, following the route as generally depicted on the map entitled "Bigfoot National Recreation Trail--Proposed" and dated July 25, 2018.
(3) Additional requirement.--In completing the study required under paragraph (1), the Secretary shall consult with--
(A) appropriate Federal, State, Tribal, regional, and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--On completion of the study under subsection (a), if the Secretary determines that the Bigfoot National Recreation Trail is feasible and meets the requirements for a National Recreation Trail under section 4 of the National Trails System Act (16 U.S.C. 1243), the Secretary shall designate the Bigfoot National Recreation Trail (referred to in this section as the "trail") in accordance with--
(A) the National Trails System Act (16 U.S.C. 1241 et seq.);
(B) this title; and
(C) other applicable law (including regulations).
(2) Administration.--On designation by the Secretary, the trail shall be administered by the Secretary, in consultation with--
(A) other Federal, State, Tribal, regional, and local agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may be located on non-Federal land without the written consent of the landowner.
(B) Prohibition.--The Secretary shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in the land.
(C) Effect.--Nothing in this section--
(i) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or
(ii) modifies any provision of Federal, State, or local law with respect to public access to or use of private land.
(c) Cooperative Agreements.--In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local government entities and private entities--
(1) to complete necessary trail construction, reconstruction, realignment, or maintenance; or
(2) carry out education projects relating to the trail.
(d) Map.--
(1) Map required.--On designation of the trail, the Secretary shall prepare a map of the trail.
(2) Public availability.--The map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
SEC. 5202. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2), the Secretary of Agriculture (referred to in this section as the "Secretary"), after providing an opportunity for public comment, shall designate a trail (which may include a system of trails)--
(A) for use by off-highway vehicles, mountain bicycles, or both; and
(B) to be known as the "Elk Camp Ridge Recreation Trail" (referred to in this section as the "trail").
(2) Requirements.--In designating the trail under paragraph (1), the Secretary shall only include routes that are--
(A) as of the date of enactment of this Act, authorized for use by off-highway vehicles, mountain bicycles, or both; and
(B) located on land that is managed by the Forest Service in Del Norte County in the State.
(3) Map.--A map that depicts the trail shall be on file and available for public inspection in the appropriate offices of the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the trail--
(A) in accordance with applicable law (including regulations);
(B) in a manner that ensures the safety of citizens who use the trail; and
(C) in a manner that minimizes any damage to sensitive habitat or cultural resources.
(2) Monitoring; evaluation.--To minimize the impacts of the use of the trail on environmental and cultural resources, the Secretary shall annually assess the effects of the use of off-highway vehicles and mountain bicycles on--
(A) the trail;
(B) land located in proximity to the trail; and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the State and Del Norte County in the State and subject to paragraph (4), may temporarily close or permanently reroute a portion of the trail if the Secretary determines that--
(A) the trail is having an adverse impact on--
(i) wildlife habitat;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is temporarily closed by the Secretary under paragraph (3) may be permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of the closure of the portion of the trail;
(ii) located on public land; and
(iii) open to motorized or mechanized use; and
(B) if the Secretary determines that rerouting the portion of the trail would not significantly increase or decrease the length of the trail.
(5) Notice of available routes.--The Secretary shall ensure that visitors to the trail have access to adequate notice relating to the availability of trail routes through--
(A) the placement of appropriate signage along the trail; and
(B) the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate.
(c) Effect.--Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).
SEC. 5203. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 3 years after the date of enactment of this Act, the Secretary shall study the feasibility and public interest of constructing a recreational trail for nonmotorized uses around Trinity Lake (referred to in this section as the "trail").
(2) Construction.--
(A) Construction authorized.--Subject to appropriations and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of the trail is feasible and in the public interest, the Secretary may provide for the construction of the trail.
(B) Use of volunteer services and contributions.--The trail may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the trail.
(3) Compliance.--In carrying out this section, the Secretary shall comply with--
(A) the laws (including regulations) generally applicable to the National Forest System; and
(B) this division.
(b) Effect.--Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).
SEC. 5204. CONDOR NATIONAL SCENIC TRAIL STUDY.
(a) In General.--The Secretary of Agriculture shall conduct a study that addresses the feasibility of, and alternatives for, connecting the northern and southern portions of the Los Padres National Forest by establishing a trail across the applicable portions of the northern and southern Santa Lucia Mountains of the southern California Coastal Range by designating the Condor National Scenic Trail as a component of the National Trails System.
(b) Contents.--In carrying out the study required under subsection (a), the Secretary of Agriculture shall--
(1) comply with the requirements for studies for a national scenic trail described in section 5(b) of the National Trails System Act (16 U.S.C. 1244(b));
(2) provide for a continual hiking route through and connecting the southern and northern sections of the Los Padres National Forest;
(3) promote recreational, scenic, wilderness, and cultural values;
(4) enhance connectivity with the overall system of National Forest System trails;
(5) consider new connectors and realignment of existing trails;
(6) emphasize safe and continuous public access, dispersal from high-use areas, and suitable water sources; and
(7) to the extent practicable, provide all-year use.
(c) Additional Requirement.--In completing the study required under subsection (a), the Secretary of Agriculture shall consult with--
(1) appropriate Federal, State, Tribal, regional, and local agencies;
(2) private landowners;
(3) nongovernmental organizations; and
(4) members of the public.
(d) Submission.--The Secretary of Agriculture shall submit the study required under subsection (a) to--
(1) the Committee on Energy and Natural Resources of the Senate; and
(2) the Committee on Natural Resources of the House of Representatives.
SEC. 5205.
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LOS PADRES, SIX RIVERS, SHASTA-TRINITY, AND
MENDOCINO NATIONAL FORESTS TRAILS STUDY.
(a) In General.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary of Agriculture, in accordance with subsection (b) and in consultation with interested parties, shall conduct a study--
(1) to improve motorized and nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the portions of the Los Padres National Forest in Santa Barbara, Ventura, and San Luis Obispo Counties and within the portions of the Six Rivers, Shasta-Trinity, and Mendocino National Forests located in Del Norte, Humboldt, Trinity, and Mendocino Counties in the State; and
(2) of the feasibility of opening a new trail, for vehicles measuring 50 inches or less in width, connecting Forest Service Highway 95 in the Los Padres National Forest to the existing off-highway vehicle trail system in the Ballinger Canyon Off-Highway Vehicle Area.
(b) Consultation.--In carrying out the study under subsection (a), the Secretary of Agriculture shall consult with the Secretary of the Interior regarding opportunities to improve, through increased coordination, recreation trail opportunities on land under the jurisdiction of the Secretary of the Interior that shares a boundary with the National Forest System land described in subsection (a)(1).
SEC. 5206. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary of Agriculture (referred to in this section as the "Secretary") shall study the feasibility and public interest of constructing recreational trails for mountain bicycling and other nonmotorized uses on the routes as generally depicted in the report entitled "Trail Study for Smith River National Recreation Area Six Rivers National Forest" and dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to appropriations and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of 1 or more routes described in that paragraph is feasible and in the public interest, the Secretary may provide for the construction of the routes.
(B) Modifications.--The Secretary may modify the routes, as determined to be necessary by the Secretary.
(C) Use of volunteer services and contributions.--Routes may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the route.
(3) Compliance.--In carrying out this section, the Secretary shall comply with--
(A) the laws (including regulations) generally applicable to the National Forest System; and
(B) this division.
(b) Effect.--Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).
SEC. 5207. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary may enter into agreements with qualified private and nonprofit organizations to carry out the following activities on Federal land in Mendocino, Humboldt, Trinity, and Del Norte Counties in the State:
(1) Trail and campground maintenance.
(2) Public education, visitor contacts, and outreach.
(3) Visitor center staffing.
(b) Contents.--An agreement entered into under subsection (a) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements under subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or
(2) amends or modifies the application of any existing law (including regulations) applicable to land under the jurisdiction of the Secretary.
SEC. 5208. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture may establish, in cooperation with any other public or private entity that the Secretary determines to be appropriate, a visitor center in Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the visitor center authorized under subsection (a) is designed to provide for the interpretation of the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of the Whiskeytown-Shasta-Trinity National Recreation Area and other Federal land in the vicinity of the visitor center.
(c) Cooperative Agreements.--In a manner consistent with this section, the Secretary may enter into cooperative agreements with the State and any other appropriate institutions and organizations to carry out the purposes of this section.
SEC. 5209. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and the Secretary of the Interior, acting jointly or separately (referred to in this section as the "Secretaries"), may establish, in cooperation with any other public or private entity that the Secretaries determine to be appropriate, a visitor center in Del Norte County, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood National and State Parks, the Smith River National Recreation Area, and any other Federal land in the vicinity of the visitor center.
(b) Requirements.--In carrying out subsection (a), the Secretaries--
(1) may act jointly or separately; and
(2) shall ensure that the visitor center authorized under that subsection is designed to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of Redwood National and State Parks, the Smith River National Recreation Area, and any other Federal recreational land in the vicinity of the visitor center.
SEC. 5210. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT
ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior, in consultation with interested Federal, State, Tribal, and local entities and private and nonprofit organizations, shall conduct a study to evaluate the feasibility and suitability of establishing overnight accommodations near Redwood National and State Parks on--
(1) Federal land that is within 20 miles of the northern boundary of Redwood National and State Parks; and
(2) Federal land that is within 20 miles of the southern boundary of Redwood National and State Parks.
(b) Partnerships.--
(1) Agreements authorized.--If the Secretary determines, based on the study conducted under subsection (a), that establishing the accommodations described in that subsection is suitable and feasible, the Secretary may, in accordance with applicable law, enter into 1 or more agreements with qualified private and nonprofit organizations for the development, operation, and maintenance of the accommodations.
(2) Contents.--Any agreement entered into under paragraph (1) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization entering into the agreement.
(3) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or
(B) amends or modifies the application of any law (including regulations) applicable to land under the jurisdiction of the Secretary.
SEC. 5301. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:
(1) Black butte river wilderness.--Certain Federal land in the Mendocino National Forest, comprising approximately 11,155 acres, as generally depicted on the map entitled "Black Butte Wilderness--Proposed" and dated May 15, 2020, which shall be known as the "Black Butte River Wilderness".
(2) Caliente mountain wilderness.--Certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 35,116 acres, as generally depicted on the map entitled "Proposed Caliente Mountain Wilderness" and dated February 2, 2022, which shall be known as the "Caliente Mountain Wilderness".
(3) Chanchelulla wilderness additions.--Certain Federal land in the Shasta-Trinity National Forest, comprising approximately 6,382 acres, as generally depicted on the map entitled "Chanchelulla Wilderness Additions--Proposed" and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Chanchelulla Wilderness designated by section 101(a)(4) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1619).
(4) Chinquapin wilderness.--Certain Federal land in the Shasta-Trinity National Forest, comprising approximately 31,028 acres, as generally depicted on the map entitled "Chinquapin Wilderness--Proposed" and dated November 14, 2023, which shall be known as the "Chinquapin Wilderness".
(5) Chumash wilderness addition.--Certain Federal land in the Los Padres National Forest comprising approximately 23,670 acres, as generally depicted on the map entitled "Chumash Wilderness Area Additions--Proposed" and dated March 29, 2019, which shall be incorporated into and managed as part of the Chumash Wilderness as designated by section 2(5) of the Los Padres Condor Range and River Protection Act (16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 243).
(6) Condor peak wilderness.--Certain Federal land in the Angeles National Forest, comprising approximately 8,207 acres, as generally depicted on the map entitled "Condor Peak Wilderness--Proposed" and dated June 6, 2019, which shall be known as the "Condor Peak Wilderness".
(7) Diablo caliente wilderness.--Certain Federal land in the Los Padres National Forest comprising approximately 17,870 acres, as generally depicted on the map entitled "Diablo Caliente Wilderness Area--Proposed" and dated March 29, 2019, which shall be known as the "Diablo Caliente Wilderness".
(8) Dick smith wilderness addition.--Certain Federal land in the Los Padres National Forest comprising approximately 54,036 acres, as generally depicted on the maps entitled "Dick Smith Wilderness Area Additions--Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)" and "Dick Smith Wilderness Area Additions--Proposed Map 2 of 2 (Buckhorn and Mono Units)" and dated November 14, 2019, which shall be incorporated into and managed as part of the Dick Smith Wilderness as designated by section 101(a)(6) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1620).
(9) Elkhorn ridge wilderness addition.--Certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 37 acres, as generally depicted on the map entitled "Proposed Elkhorn Ridge Wilderness Additions" and dated February 2, 2022, which is incorporated in, and considered to be a part of, the Elkhorn Ridge Wilderness designated by section 6(d) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat.
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2070).
(10) English ridge wilderness.--Certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 6,204 acres, as generally depicted on the map entitled "English Ridge Wilderness--Proposed" and dated February 2, 2022, which shall be known as the "English Ridge Wilderness".
(11) Garcia wilderness addition.--Certain Federal land in the Los Padres National Forest and certain Federal land administered by the Bureau of Land Management in the State comprising approximately 7,289 acres, as generally depicted on the map entitled "Garcia Wilderness Area Additions--Proposed" and dated March 29, 2019, which shall be incorporated into and managed as part of the Garcia Wilderness as designated by section 2(4) of the Los Padres Condor Range and River Protection Act (16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 243).
(12) Machesna mountain wilderness addition.--Certain Federal land in the Los Padres National Forest and certain Federal land administered by the Bureau of Land Management in the State comprising approximately 10,817 acres, as generally depicted on the map entitled "Machesna Mountain Wilderness--Proposed Additions" and dated October 30, 2019, and depicted on the map entitled "Machesna Mountain Potential Wilderness" and dated November 14, 2023, which shall be incorporated into and managed as part of the Machesna Mountain Wilderness as designated by section 101(a)(38) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1624).
(13) Mad river buttes wilderness.--Certain Federal land in the Six Rivers National Forest comprising approximately 6,097 acres, as generally depicted on the map entitled "Mad River Buttes Wilderness--Proposed" and dated May 15, 2020, which shall be known as the "Mad River Buttes Wilderness".
(14) Matilija wilderness addition.--Certain Federal land in the Los Padres National Forest comprising approximately 30,184 acres, as generally depicted on the map entitled "Matilija Wilderness Area Additions--Proposed" and dated March 29, 2019, which shall be incorporated into and managed as part of the Matilija Wilderness as designated by section 2(2) of the Los Padres Condor Range and River Protection Act (16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 242).
(15) Mount lassic wilderness addition.--Certain Federal land in the Six Rivers National Forest, comprising approximately 1,288 acres, as generally depicted on the map entitled "Mt. Lassic Wilderness Additions--Proposed" and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Mount Lassic Wilderness designated by section 3(6) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2065).
(16) North fork wilderness addition.--Certain Federal land in the Six Rivers National Forest and certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 16,342 acres, as generally depicted on the map entitled "North Fork Eel Wilderness Additions" and dated May 15, 2020, which is incorporated in, and considered to be a part of, the North Fork Wilderness designated by section 101(a)(19) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1621).
(17) Pattison wilderness.--Certain Federal land in the Shasta-Trinity National Forest, comprising approximately 29,451 acres, as generally depicted on the map entitled "Pattison Wilderness--Proposed" and dated May 15, 2020, which shall be known as the "Pattison Wilderness".
(18) San gabriel wilderness additions.--Certain Federal land in the Angeles National Forest, comprising approximately 2,032 acres, as generally depicted on the map entitled "San Gabriel Wilderness Additions" and dated June 6, 2019, which is incorporated in, and considered to be a part of, the San Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C. 1132 note; 82 Stat. 131).
(19) San rafael wilderness addition.--Certain Federal land in the Los Padres National Forest comprising approximately 23,969 acres, as generally depicted on the map entitled "San Rafael Wilderness Area Additions--Proposed" and dated November 14, 2023, which shall be incorporated into and managed as part of the San Rafael Wilderness as designated by Public Law 90-271 (16 U.S.C. 1132 note; 82 Stat. 51).
(20) Santa lucia wilderness addition.--Certain Federal land in the Los Padres National Forest comprising approximately 2,921 acres, as generally depicted on the map entitled "Santa Lucia Wilderness Area Additions--Proposed" and dated March 29, 2019, which shall be incorporated into and managed as part of the Santa Lucia Wilderness as designated by section 2(c) of the Endangered American Wilderness Act of 1978 (16
U.S.C. 1132 note; Public Law 95-237; 92 Stat. 41).
(21) Sespe wilderness addition.--Certain Federal land in the Los Padres National Forest comprising approximately 14,313 acres, as generally depicted on the map entitled "Sespe Wilderness Area Additions--Proposed" and dated March 29, 2019, which shall be incorporated into and managed as part of the Sespe Wilderness as designated by section 2(1) of the Los Padres Condor Range and River Protection Act (16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 242).
(22) Sheep mountain wilderness additions.--Certain Federal land in the Angeles National Forest, comprising approximately 11,938 acres, as generally depicted on the map entitled "Sheep Mountain Wilderness Additions" and dated November 14, 2023, which is incorporated in, and considered to be a part of, the Sheep Mountain Wilderness designated by section 101(a)(29) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
(23) Siskiyou wilderness addition.--Certain Federal land in the Six Rivers National Forest comprising approximately 29,594 acres, as generally depicted on the maps entitled "Siskiyou Wilderness Additions--Proposed (North)" and "Siskiyou Wilderness Additions--Proposed (South)" and dated November 14, 2023, which is incorporated in, and considered to be a part of, the Siskiyou Wilderness, as designated by section 101(a)(30) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
(24) Soda lake wilderness.--Certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 13,332 acres, as generally depicted on the map entitled "Proposed Soda Lake Wilderness" and dated June 25, 2019, which shall be known as the "Soda Lake Wilderness".
(25) South fork eel river wilderness addition.--Certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 603 acres, as generally depicted on the map entitled "South Fork Eel River Wilderness Additions--Proposed" and dated February 2, 2022, which is incorporated in, and considered to be a part of, the South Fork Eel River Wilderness designated by section 3(10) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2066).
(26) South fork trinity river wilderness.--Certain Federal land in the Shasta-Trinity National Forest, comprising approximately 26,562 acres, as generally depicted on the map entitled "South Fork Trinity River Wilderness Additions--Proposed" and dated November 14, 2023, which shall be known as the "South Fork Trinity River Wilderness".
(27) Temblor ridge wilderness addition.--Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 12,585 acres, as generally depicted on the map entitled "Proposed Temblor Range Wilderness" and dated June 25, 2019, which shall be known as the "Temblor Range Wilderness".
(28) Trinity alps wilderness addition.--Certain Federal land in the Shasta-Trinity National Forest and certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 62,474 acres, as generally depicted on the maps entitled "Trinity Alps Proposed Wilderness Additions EAST" and dated November 14, 2023, and "Trinity Alps Wilderness Additions West--Proposed" and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Trinity Alps Wilderness designated by section 101(a)(34) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
(29) Underwood wilderness.--Certain Federal land in the Six Rivers and Shasta-Trinity National Forests comprising approximately 15,068 acres, as generally depicted on the map entitled "Underwood Wilderness--Proposed" and dated May 15, 2020, which shall be known as the "Underwood Wilderness".
(30) Yerba buena wilderness.--Certain Federal land in the Angeles National Forest, comprising approximately 6,694 acres, as generally depicted on the map entitled "Yerba Buena Wilderness--Proposed" and dated June 6, 2019, which shall be known as the "Yerba Buena Wilderness".
(31) Yolla bolly-middle eel wilderness additions.--Certain Federal land in the Mendocino National Forest and certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 21,126 acres, as generally depicted on the maps entitled "Yolla Bolly Wilderness Proposed--NORTH" and dated May 15, 2020, "Yolla Bolly Wilderness Proposed--SOUTH" and dated November 14, 2023, and "Yolla Bolly Wilderness Proposed--WEST" and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Yolla Bolly-Middle Eel Wilderness designated by section 3 of the Wilderness Act (16 U.S.C. 1132).
(32) Yuki wilderness addition.--Certain Federal land in the Mendocino National Forest and certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 14,132 acres, as generally depicted on the map entitled "Yuki Wilderness Additions--Proposed" and dated November 14, 2023, which is incorporated in, and considered to be a part of, the Yuki Wilderness designated by section 3(3) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2065).
(b) Renaming of North Fork Wilderness as North Fork Eel River Wilderness.--
(1) In general.--Section 101(a)(19) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1621) is amended by striking "which shall be known as the North Fork Wilderness" and inserting "which shall be known as the North Fork Eel River Wilderness".
(2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the North Fork Wilderness shall be considered to be a reference to the "North Fork Eel River Wilderness".
(c) Elkhorn Ridge Wilderness Modification.--The boundary of the Elkhorn Ridge Wilderness established by section 6(d) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2070) is modified by removing approximately 30 acres of Federal land, as generally depicted on the map entitled "Proposed Elkhorn Ridge Wilderness Additions" and dated October 24, 2019.
SEC. 5302. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, a wilderness area or addition established by section 5301(a) (referred to in this section as a "wilderness area") shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act (16 U.S.C.
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1131 et seq.), except that--
(1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
(2) for land under the jurisdiction of the Secretary of the Interior, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may carry out any activities in a wilderness area as are necessary for the control of fire, insects, or disease in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)).
(2) Revision and development of local fire management plans.--As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local information in the Fire Management Reference System or individual operational plan that applies to the land designated as a wilderness area.
(3) Funding priorities.--Nothing in this subtitle limits funding for fire or fuels management in a wilderness area.
(4) Administration.--In accordance with paragraph (1) and any other applicable Federal law, to ensure a timely and efficient response to a fire emergency in a wilderness area, the Secretary of Agriculture and the Secretary of the Interior shall--
(A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, and other applicable agency field office officials) for responding to fire emergencies; and
(B) enter into agreements with appropriate State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area, if established before the date of enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4));
(2)(A) for land under the jurisdiction of the Secretary of Agriculture, the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617); and
(B) for land under the jurisdiction of the Secretary of the Interior, the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405); and
(3) all other laws governing livestock grazing on Federal public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(2) Management activities.--In support of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activity that the Secretary determines to be necessary to maintain or restore a fish, wildlife, or plant population or habitat in a wilderness area, if the management activity is conducted in accordance with--
(A) an applicable wilderness management plan;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this title establishes a protective perimeter or buffer zone around a wilderness area.
(2) Outside activities or uses.--The fact that a nonwilderness activity or use can be seen or heard from within a wilderness area shall not preclude the activity or use outside the boundary of the wilderness area.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over a wilderness area;
(2) the designation of a new unit of special airspace over a wilderness area; or
(3) the use or establishment of a military flight training route over a wilderness area.
(g) Horses.--Nothing in this title precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a wilderness area--
(1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness areas and additions to wilderness area made by this title are withdrawn from--
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal leasing laws.
(i) Incorporation of Acquired Land and Interests.--Any land within the boundary of a wilderness area that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is located;
(2) be withdrawn in accordance with subsection (h); and
(3) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) any other applicable law.
(j) Climatological Data Collection.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in a wilderness area if the Secretary determines that the devices and access to the devices are essential to a flood warning, flood control, or water reservoir operation activity.
(k) Recreational Climbing.--Nothing in this division prohibits recreational rock climbing activities in the wilderness areas, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other applicable laws; and
(2) subject to any terms and conditions determined to be necessary by the Secretary.
SEC. 5303. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land is designated as potential wilderness:
(1) Certain Federal land in Redwood National Park administered by the National Park Service, compromising approximately 31,000 acres, as generally depicted on the map entitled "Redwood National Park--Potential Wilderness" and dated October 9, 2019.
(2) Certain Federal land administered by the Bureau of Land Management in the State, comprising approximately 2,918 acres, as generally depicted on the map entitled "Yuki Proposed Potential Wilderness" and dated May 15, 2020.
(b) Management.--Except as provided in subsection (c), the Secretary shall manage the potential wilderness area designated by subsection (a) (referred to in this section as a "potential wilderness area") as wilderness until the date on which the potential wilderness area is designated as wilderness under subsection (d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration (including the elimination of non-native species, removal of illegal, unused, or decommissioned roads, repair of skid tracks, and any other activities necessary to restore the natural ecosystems in a potential wilderness area and consistent with paragraph (2)), the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until the date on which the potential wilderness area is designated as wilderness under subsection (d).
(2) Limitation.--To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration with the least amount of adverse impact on wilderness character and resources.
(d) Wilderness Designation.--The potential wilderness area shall be designated as wilderness and as a component of the National Wilderness Preservation System on the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been removed.
(e) Administration as Wilderness.--On the designation of a potential wilderness area as wilderness under subsection (d)--
(1) the land described in subsection (a)(1) shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and the laws generally applicable to units of the National Park System; and
(2) the land described in subsection (a)(2) shall be incorporated in, and considered to be a part of, the Yuki Wilderness designated by section 3(3) of the Northern California Coastal Wild Heritage Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2065).
(f) Report.--Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter until the date on which the potential wilderness area is designated as wilderness under subsection (d), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes--
(1) the status of ecological restoration within the potential wilderness area; and
(2) the progress toward the eventual designation of the potential wilderness area as wilderness under subsection (d).
SEC. 5304. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
"(233) South fork trinity river, california.--The following segments from the source tributaries in the Yolla Bolly-Middle Eel Wilderness, to be administered by the Secretary of Agriculture:
"(A) The 18.3-mile segment from its multiple source springs in the Cedar Basin of the Yolla Bolly-Middle Eel Wilderness in sec. 15, T. 27 N., R. 10 W., to 0.25 miles upstream of the Wild Mad Road, as a wild river.
"(B) The 0.65-mile segment from 0.25 miles upstream of Wild Mad Road to the confluence with the unnamed tributary approximately 0.4 miles downstream of the Wild Mad Road in sec. 29, T. 28 N., R. 11 W., as a scenic river.
"(C) The 9.8-mile segment from 0.75 miles downstream of Wild Mad Road to Silver Creek, as a wild river.
"(D) The 5.4-mile segment from Silver Creek confluence to Farley Creek, as a scenic river.
"(E) The 3.6-mile segment from Farley Creek to Cave Creek, as a recreational river.
"(F) The 5.6-mile segment from Cave Creek to the confluence of the unnamed creek upstream of Hidden Valley Ranch in sec. 5, T. 15, R. 7 E., as a wild river.
"(G) The 2.5-mile segment from the unnamed creek confluence upstream of Hidden Valley Ranch to the confluence with the unnamed creek flowing west from Bear Wallow Mountain in sec. 29, T. 1 N., R. 7 E., as a scenic river.
"(H) The 3.8-mile segment from the unnamed creek confluence in sec. 29, T. 1 N., R. 7 E., to Plummer Creek, as a wild river.
"(I) The 1.8-mile segment from Plummer Creek to the confluence with the unnamed tributary north of McClellan Place in sec. 6, T. 1 N., R. 7 E., as a scenic river.
"(J) The 5.4-mile segment from the unnamed tributary confluence in sec. 6, T. 1 N., R. 7 E., to Hitchcock Creek, as a wild river.
"(K) The 7-mile segment from Eltapom Creek to the Grouse Creek, as a scenic river.
"(L) The 5-mile segment from Grouse Creek to Coon Creek, as a wild river.
"(234) East fork south fork trinity river, california.--The following segments, to be administered by the Secretary of Agriculture:
"(A) The 8.4-mile segment from its source in the Pettijohn Basin in the Yolla Bolly-Middle Eel Wilderness in sec. 10, T. 3 S., R.
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10 W., to 0.25 miles upstream of the Wild Mad Road, as a wild river.
"(B) The 3.4-mile segment from 0.25 miles upstream of the Wild Mad Road to the South Fork Trinity River, as a recreational river.
"(235) Rattlesnake creek, california.--The 5.9-mile segment from the confluence with the unnamed tributary in the southeast corner of sec. 5, T. 1 S., R. 12 W., to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a recreational river.
"(236) Butter creek, california.--The 7-mile segment from 0.25 miles downstream of the Road 3N08 crossing to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a scenic river.
"(237) Hayfork creek, california.--The following segments, to be administered by the Secretary of Agriculture:
"(A) The 3.2-mile segment from Little Creek to Bear Creek, as a recreational river.
"(B) The 13.2-mile segment from Bear Creek to the northern boundary of sec. 19, T. 3 N., R. 7 E., as a scenic river.
"(238) Olsen creek, california.--The 2.8-mile segment from the confluence of its source tributaries in sec. 5, T. 3 N., R. 7 E., to the northern boundary of sec. 24, T. 3 N., R. 6 E., to be administered by the Secretary of the Interior as a scenic river.
"(239) Rusch creek, california.--The 3.2-mile segment from 0.25 miles downstream of the 32N11 Road crossing to Hayfork Creek, to be administered by the Secretary of Agriculture as a recreational river.
"(240) Eltapom creek, california.--The 3.4-mile segment from Buckhorn Creek to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a wild river.
"(241) Grouse creek, california.--The following segments, to be administered by the Secretary of Agriculture:
"(A) The 3.9-mile segment from Carson Creek to Cow Creek, as a scenic river.
"(B) The 7.4-mile segment from Cow Creek to the South Fork Trinity River, as a recreational river.
"(242) Madden creek, california.--The following segments, to be administered by the Secretary of Agriculture:
"(A) The 6.8-mile segment from the confluence of Madden Creek and its unnamed tributary in sec. 18, T. 5 N., R. 5 E., to Fourmile Creek, as a wild river.
"(B) The 1.6-mile segment from Fourmile Creek to the South Fork Trinity River, as a recreational river.
"(243) Canyon creek, california.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior:
"(A) The 6.6-mile segment from the outlet of lower Canyon Creek Lake to Bear Creek upstream of Ripstein, as a wild river.
"(B) The 11.2-mile segment from Bear Creek upstream of Ripstein to the southern boundary of sec. 25, T. 34 N., R. 11 W., as a recreational river.
"(244) North fork trinity river, california.--The following segments, to be administered by the Secretary of Agriculture:
"(A) The 12-mile segment from the confluence of source tributaries in sec. 24, T. 8 N., R. 12 W., to the Trinity Alps Wilderness boundary upstream of Hobo Gulch, as a wild river.
"(B) The 0.5-mile segment from where the river leaves the Trinity Alps Wilderness to where it fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic river.
"(C) The 13.9-mile segment from where the river fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch to the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing, as a wild river.
"(D) The 1.3-mile segment from the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing to the Trinity River, as a recreational river.
"(245) East fork north fork trinity river, california.--The following segments, to be administered by the Secretary of Agriculture:
"(A) The 9.5-mile segment from the source north of Mt. Hilton in sec. 19, T. 36 N., R. 10 W., to the end of Road 35N20 approximately 0.5 miles downstream of the confluence with the East Branch East Fork North Fork Trinity River, as a wild river.
"(B) The 3.25-mile segment from the end of Road 35N20 to 0.25 miles upstream of Coleridge, as a scenic river.
"(C) The 4.6-mile segment from 0.25 miles upstream of Coleridge to the confluence of Fox Gulch, as a recreational river.
"(246) New river, california.--The following segments, to be administered by the Secretary of Agriculture:
"(A) The 12.7-mile segment of Virgin Creek from its source spring in sec. 22, T. 9 N., R. 7 E., to Slide Creek, as a wild river.
"(B) The 2.3-mile segment of the New River where it begins at the confluence of Virgin and Slide Creeks to Barron Creek, as a wild river.
"(247) Middle fork eel river, california.--The following segments, to be administered by the Secretary of Agriculture:
"(A) The 37.7-mile segment from its source in Frying Pan Meadow to Rose Creek, as a wild river.
"(B) The 1.5-mile segment from Rose Creek to the Black Butte River, as a recreational river.
"(C) The 10.5-mile segment of Balm of Gilead Creek from its source in Hopkins Hollow to the Middle Fork Eel River, as a wild river.
"(D) The 13-mile segment of the North Fork Middle Fork Eel River from the source on Dead Puppy Ridge in sec. 11, T. 26 N., R. 11 W., to the confluence of the Middle Fork Eel River, as a wild river.
"(248) North fork eel river, california.--The 14.3-mile segment from the confluence with Gilman Creek to the Six Rivers National Forest boundary, to be administered by the Secretary of Agriculture as a wild river.
"(249) Red mountain creek, california.--The following segments, to be administered by the Secretary of Agriculture:
"(A) The 5.25-mile segment from its source west of Mike's Rock in sec. 23, T. 26 N., R. 12 E., to the confluence with Littlefield Creek, as a wild river.
"(B) The 1.6-mile segment from the confluence with Littlefield Creek to the confluence with the unnamed tributary in sec. 32, T. 26 N., R. 8 E., as a scenic river.
"(C) The 1.25-mile segment from the confluence with the unnamed tributary in sec. 32, T. 4 S., R. 8 E., to the confluence with the North Fork Eel River, as a wild river.
"(250) Redwood creek, california.--The following segments, to be administered by the Secretary of the Interior:
"(A) The 6.2-mile segment from the confluence with Lacks Creek to the confluence with Coyote Creek, as a scenic river, on publication by the Secretary of the Interior of a notice in the Federal Register that sufficient land or interests in land within the boundaries of the segments have been acquired in fee title or as a scenic easement to establish a manageable addition to the National Wild and Scenic Rivers System.
"(B) The 19.1-mile segment from the confluence with Coyote Creek in sec. 2, T. 8 N., R. 2 E., to the Redwood National Park boundary upstream of Orick in sec. 34, T. 11 N., R. 1 E., as a scenic river.
"(C) The 2.3-mile segment of Emerald Creek (also known as Harry Weir Creek) from its source in sec. 29, T. 10 N., R. 2 E., to the confluence with Redwood Creek, as a scenic river.
"(251) Lacks creek, california.--The following segments, to be administered by the Secretary of the Interior:
"(A) The 5.1-mile segment from the confluence with 2 unnamed tributaries in sec. 14, T. 7 N., R. 3 E., to Kings Crossing in sec. 27, T. 8 N., R. 3 E., as a wild river.
"(B) The 2.7-mile segment from Kings Crossing to the confluence with Redwood Creek, as a scenic river, on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the segment have been acquired in fee title or as scenic easements to establish a manageable addition to the National Wild and Scenic Rivers System.
"(252) Lost man creek, california.--The following segments, to be administered by the Secretary of the Interior:
"(A) The 6.4-mile segment of Lost Man Creek from its source in sec. 5, T. 10 N., R. 2 E., to 0.25 miles upstream of the Prairie Creek confluence, as a recreational river.
"(B) The 2.3-mile segment of Larry Damm Creek from its source in sec. 8, T. 11 N., R. 2 E., to the confluence with Lost Man Creek, as a recreational river.
"(253) Little lost man creek, california.--The 3.6-mile segment of Little Lost Man Creek from its source in sec. 6, T. 10 N., R. 2 E., to 0.25 miles upstream of the Lost Man Creek road crossing, to be administered by the Secretary of the Interior as a wild river.
"(254) South fork elk river, california.--The following segments, to be administered by the Secretary of the Interior (including through a cooperative management agreement with the State of California where appropriate):
"(A) The 3.6-mile segment of the Little South Fork Elk River from the source in sec. 21, T. 3 N., R. 1 E., to the confluence with the South Fork Elk River, as a wild river.
"(B) The 2.2-mile segment of the unnamed tributary of the Little South Fork Elk River from its source in sec. 15, T. 3 N., R. 1 E., to the confluence with the Little South Fork Elk River, as a wild river.
"(C) The 3.6-mile segment of the South Fork Elk River from the confluence of the Little South Fork Elk River to the confluence with Tom Gulch, as a recreational river.
"(255) Salmon creek, california.--The 4.6-mile segment from its source in sec. 27, T. 3 N., R. 1 E., to the Headwaters Forest Reserve boundary in sec. 18, T. 3 N., R. 1 E., to be administered by the Secretary of the Interior as a wild river.
"(256) South fork eel river, california.--The following segments, to be administered by the Secretary of the Interior:
"(A) The 6.2-mile segment from the confluence with Jack of Hearts Creek to the southern boundary of the South Fork Eel Wilderness in sec. 8, T. 22 N., R. 16 W., as a recreational river to be administered by the Secretary through a cooperative management agreement with the State of California.
"(B) The 6.1-mile segment from the southern boundary of the South Fork Eel Wilderness to the northern boundary of the South Fork Eel Wilderness in sec. 29, T. 23 N., R. 16 W., as a wild river.
"(257) Elder creek, california.--The following segments, to be administered by the Secretary of the Interior through a cooperative management agreement with the State of California:
"(A) The 3.6-mile segment from its source north of Signal Peak in sec. 6, T. 21 N., R. 15 W., to the confluence with the unnamed tributary near the center of sec. 28, T. 22 N., R. 16 W., as a wild river.
"(B) The 1.3-mile segment from the confluence with the unnamed tributary near the center of sec. 28, T. 22 N., R. 15 W., to the confluence with the South Fork Eel River, as a recreational river.
"(C) The 2.1-mile segment of Paralyze Canyon from its source south of Signal Peak in sec. 7, T. 21 N., R. 15 W., to the confluence with Elder Creek, as a wild river.
"(258) Cedar creek, california.--The following segments, to be administered as a wild river by the Secretary of the Interior:
"(A) The 7.7-mile segment from its source in sec. 22, T. 24 N., R. 16 W., to the southern boundary of the Red Mountain unit of the South Fork Eel Wilderness.
"(B) The 1.9-mile segment of North Fork Cedar Creek from its source in sec. 28, T. 24 N., R. 16 E., to the confluence with Cedar Creek.
"(259) East branch south fork eel river, california.--The following segments, to be administered by the Secretary of the Interior as a scenic river on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired in fee title or as scenic easements to establish a manageable addition to the National Wild and Scenic Rivers System:
"(A) The 2.3-mile segment of Cruso Cabin Creek from the confluence of 2 unnamed tributaries in sec. 18, T. 24 N., R. 15 W., to the confluence with Elkhorn Creek.
"(B) The 1.8-mile segment of Elkhorn Creek from the confluence of 2 unnamed tributaries in sec. 22, T. 24 N., R.
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16 W., to the confluence with Cruso Cabin Creek.
"(C) The 14.2-mile segment of the East Branch South Fork Eel River from the confluence of Cruso Cabin and Elkhorn Creeks to the confluence with Rays Creek.
"(D) The 1.7-mile segment of the unnamed tributary from its source on the north flank of Red Mountain's north ridge in sec. 2, T. 24 N., R. 17 W., to the confluence with the East Branch South Fork Eel River.
"(E) The 1.3-mile segment of the unnamed tributary from its source on the north flank of Red Mountain's north ridge in sec. 1, T. 24 N., R. 17 W., to the confluence with the East Branch South Fork Eel River.
"(F) The 1.8-mile segment of Tom Long Creek from the confluence with the unnamed tributary in sec. 12, T. 5 S., R. 4 E., to the confluence with the East Branch South Fork Eel River.
"(260) Mattole river estuary, california.--The 1.5-mile segment from the confluence of Stansberry Creek to the Pacific Ocean, to be administered as a recreational river by the Secretary of the Interior.
"(261) Honeydew creek, california.--The following segments, to be administered as a wild river by the Secretary of the Interior:
"(A) The 5.1-mile segment of Honeydew Creek from its source in the southwest corner of sec. 25, T. 3 S., R. 1 W., to the eastern boundary of the King Range National Conservation Area in sec. 18, T. 3 S., R. 1 E.
"(B) The 2.8-mile segment of West Fork Honeydew Creek from its source west of North Slide Peak to the confluence with Honeydew Creek.
"(C) The 2.7-mile segment of Upper East Fork Honeydew Creek from its source in sec. 23, T. 3 S., R. 1 W., to the confluence with Honeydew Creek.
"(262) Bear creek, california.--The following segments, to be administered by the Secretary of the Interior:
"(A) The 1.9-mile segment of North Fork Bear Creek from the confluence with the unnamed tributary immediately downstream of the Horse Mountain Road crossing to the confluence with the South Fork, as a scenic river.
"(B) The 6.1-mile segment of South Fork Bear Creek from the confluence in sec. 2, T. 5 S., R. 1 W., with the unnamed tributary flowing from the southwest flank of Queen Peak to the confluence with the North Fork, as a scenic river.
"(C) The 3-mile segment of Bear Creek from the confluence of the North and South Forks to the southern boundary of sec. 11, T. 4 S., R. 1 E., as a wild river.
"(263) Gitchell creek, california.--The 3-mile segment of Gitchell Creek from its source near Saddle Mountain to the Pacific Ocean, to be administered by the Secretary of the Interior as a wild river.
"(264) Big flat creek, california.--The following segments, to be administered by the Secretary of the Interior as a wild river:
"(A) The 4-mile segment of Big Flat Creek from its source near King Peak in sec. 36, T. 3 S., R. 1 W., to the Pacific Ocean.
"(B) The 0.8-mile segment of the unnamed tributary from its source in sec. 35, T. 3 S., R. 1 W., to the confluence with Big Flat Creek.
"(C) The 2.7-mile segment of North Fork Big Flat Creek from the source in sec. 34, T. 3 S., R. 1 W., to the confluence with Big Flat Creek.
"(265) Big creek, california.--The following segments, to be administered by the Secretary of the Interior as a wild river:
"(A) The 2.7-mile segment of Big Creek from its source in sec. 26, T. 3 S., R. 1 W., to the Pacific Ocean.
"(B) The 1.9-mile unnamed southern tributary from its source in sec. 25, T. 3 S., R. 1 W., to the confluence with Big Creek.
"(266) Elk creek, california.--The 11.4-mile segment from its confluence with Lookout Creek to its confluence with Deep Hole Creek, to be jointly administered by the Secretaries of Agriculture and the Interior as a wild river.
"(267) Eden creek, california.--The 2.7-mile segment from the private property boundary in the northwest quarter of sec. 27, T. 21 N., R. 12 W., to the eastern boundary of sec. 23, T. 21 N., R. 12 W., to be administered by the Secretary of the Interior as a wild river.
"(268) Deep hole creek.--The 4.3-mile segment from the private property boundary in the southwest quarter of sec. 13, T. 20 N., R. 12 W., to the confluence with Elk Creek, to be administered by the Secretary of the Interior as a wild river.
"(269) Indian creek, california.--The 3.3-mile segment from 300 feet downstream of the jeep trail in sec. 13, T. 20 N., R. 13 W., to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river.
"(270) Fish creek, california.--The 4.2-mile segment from the source at Buckhorn Spring to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river.
"(271) Indian creek, california.--The following segments of Indian Creek in the State of California, to be administered by the Secretary of Agriculture:
"(A) The 9.5-mile segment of Indian Creek from its source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness boundary, as a wild river.
"(B) The 1-mile segment of Indian Creek from the Dick Smith Wilderness boundary to 0.25 miles downstream of Road 6N24, as a scenic river.
"(C) The 3.9-mile segment of Indian Creek from 0.25 miles downstream of Road 6N24 to the southern boundary of sec. 32, T. 6 N., R. 26 W., as a wild river.
"(272) Mono creek, california.--The following segments of Mono Creek in the State of California, to be administered by the Secretary of Agriculture:
"(A) The 4.2-mile segment of Mono Creek from its source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild river.
"(B) The 2.1-mile segment of Mono Creek from 0.25 miles upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., to 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a recreational river.
"(C) The 14.7-mile segment of Mono Creek from 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., to the Ogilvy Ranch private property boundary in sec. 22, T. 6 N., R. 26 W., as a wild river.
"(D) The 3.5-mile segment of Mono Creek from the Ogilvy Ranch private property boundary to the southern boundary of sec. 33, T. 6 N., R. 26 W., as a recreational river.
"(273) Matilija creek, california.--The following segments of Matilija Creek in the State of California, to be administered by the Secretary of Agriculture:
"(A) The 7.2-mile segment of the Matilija Creek from its source in sec. 25, T. 6 N., R. 25 W., to the private property boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.
"(B) The 7.25-mile segment of the Upper North Fork Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W., to the Matilija Wilderness boundary, as a wild river.
"(274) Little rock creek, california.--The following segments of Little Rock Creek and tributaries, to be administered by the Secretary of Agriculture in the following classes:
"(A) The 10.3-mile segment from its source on Mt. Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream of the confluence with the South Fork Little Rock Creek, as a wild river.
"(B) The 6.6-mile segment from 100 yards upstream of the confluence with the South Fork Little Rock Creek to the confluence with Santiago Canyon, as a recreational river.
"(C) The 1-mile segment of Cooper Canyon Creek from 0.25 miles downstream of Highway 2 to 100 yards downstream of Cooper Canyon Campground, as a scenic river.
"(D) The 1.3-mile segment of Cooper Canyon Creek from 100 yards downstream of Cooper Canyon Campground to the confluence with Little Rock Creek, as a wild river.
"(E) The 1-mile segment of Buckhorn Creek from 100 yards downstream of the Buckhorn Campground to its confluence with Cooper Canyon Creek, as a wild river.".
(b) Sespe Creek, California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (142) and inserting the following:
"(142) Sespe creek, california.--The following segments of Sespe Creek in the State of California, to be administered by the Secretary of Agriculture:
"(A) The 2.7-mile segment of Sespe Creek from the private property boundary in sec. 10, T. 6 N., R. 24 W., to the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., as a wild river.
"(B) The 15-mile segment of Sespe Creek from the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as a recreational river.
"(C) The 6.1-mile segment of Sespe Creek from the western boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with Trout Creek, as a scenic river.
"(D) The 28.6-mile segment of Sespe Creek from the confluence with Trout Creek to the southern boundary of sec. 35, T. 5 N., R. 20 W., as a wild river.".
(c) Sisquoc River, California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (143) and inserting the following:
"(143) Sisquoc river, california.--The following segments of the Sisquoc River and its tributaries in the State of California, to be administered by the Secretary of Agriculture:
"(A) The 33-mile segment of the main stem of the Sisquoc River extending from its origin downstream to the Los Padres Forest boundary, as a wild river.
"(B) The 4.2-mile segment of the South Fork Sisquoc River from its source northeast of San Rafael Mountain in sec. 2, T. 7 N., R. 28 W., to its confluence with the Sisquoc River, as a wild river.
"(C) The 10.4-mile segment of Manzana Creek from its source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W., to the San Rafael Wilderness boundary upstream of Nira Campground, as a wild river.
"(D) The 0.6-mile segment of Manzana Creek from the San Rafael Wilderness boundary upstream of the Nira Campground to the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek, as a recreational river.
"(E) The 5.8-mile segment of Manzana Creek from the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek to the private property boundary in sec. 1, T. 8 N., R. 30 W., as a wild river.
"(F) The 3.8-mile segment of Manzana Creek from the private property boundary in sec. 1, T. 8 N., R. 30 W., to the confluence of the Sisquoc River, as a recreational river.
"(G) The 3.4-mile segment of Davy Brown Creek from its source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Munch Canyon, as a wild river.
"(H) The 1.4-mile segment of Davy Brown Creek from 300 feet upstream of its confluence with Munch Canyon to its confluence with Manzana Creek, as a recreational river.
"(I) The 2-mile segment of Munch Canyon from its source north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Sunset Valley Creek, as a wild river.
"(J) The 0.5-mile segment of Munch Canyon from 300 feet upstream of its confluence with Sunset Valley Creek to its confluence
with Davy Brown Creek, as a recreational river.
"(K) The 2.6-mile segment of Fish Creek from 500 feet downstream of Sunset Valley Road to its confluence with Manzana Creek, as a wild river.
"(L) The 1.5-mile segment of East Fork Fish Creek from its source in sec. 26, T. 8 N., R. 29 W., to its confluence with Fish Creek, as a wild river.".
(d) Piru Creek, California.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (199) and inserting the following:
"(199) Piru creek, california.--The following segments of Piru Creek in the State of California, to be administered by the Secretary of Agriculture:
"(A) The 9.1-mile segment of Piru Creek from its source in sec. 3, T. 6 N., R. 22 W., to the private property boundary in sec. 4, T. 6 N., R. 21 W., as a wild river.
"(B) The 17.2-mile segment of Piru Creek from the private property boundary in sec. 4, T. 6 N., R.
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21 W., to 0.25 miles downstream of the Gold Hill Road, as a scenic river.
"(C) The 4.1-mile segment of Piru Creek from 0.25 miles downstream of Gold Hill Road to the confluence with Trail Canyon, as a wild river.
"(D) The 7.25-mile segment of Piru Creek from the confluence with Trail Canyon to the confluence with Buck Creek, as a scenic river.
"(E) The 3-mile segment of Piru Creek from 0.5 miles downstream of Pyramid Dam at the first bridge crossing to the boundary of the Sespe Wilderness, as a recreational river.
"(F) The 13-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the boundary of the Sespe Wilderness, as a wild river.
"(G) The 2.2-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the upper limit of Piru Reservoir, as a recreational river.".
(2) Effect.--The designation of additional miles of Piru Creek under paragraph (1) shall not affect valid water rights in existence on the date of enactment of this Act.
(3) Motorized use of trails.--Nothing in this subsection (including the amendments made by this subsection) affects the motorized use of trails designated by the Forest Service for motorized use that are located adjacent to and crossing upper Piru Creek, if the use is consistent with the protection and enhancement of river values under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 5305. WILD AND SCENIC RIVERS STUDY.
(a) Designation for Study.--Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following:
"(147) East fork san gabriel river, california.--The 12.7-mile segment from the confluence of the Prairie Fork and Vincent Gulch to 100 yards upstream of the confluence with Williams Canyon.
"(148) North fork san gabriel river, california.--The 4.3-mile segment from the confluence with Cloudburst Canyon to 0.25 miles upstream of the confluence with the West Fork San Gabriel River.
"(149) West fork san gabriel river, california.--The 8.3-mile segment from 0.25 miles downstream of its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to the confluence with Bobcat Canyon.".
(b) Study and Report.--Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following:
"(24) East fork san gabriel river, california; north fork san gabriel river, california; west fork san gabriel river, california.--
"(A) In general.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of Agriculture shall--
"(i) complete each of the studies described in paragraphs (147) through (149) of subsection (a); and
"(ii) submit to Congress a report describing the results of each of those studies.
"(B) Study requirement.--In carrying out each of the studies described in paragraphs (147) through (149) of subsection (a), the Secretary of Agriculture shall identify opportunities to administer the applicable segments described in those paragraphs in partnership with State, regional, local, and community stakeholders.".
SEC. 5306. SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there are established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the Los Padres National Forest comprising approximately 18,666 acres, as generally depicted on the map entitled "Condor Ridge Scenic Area--Proposed" and dated March 29, 2019, which shall be known as the "Condor Ridge Scenic Area".
(2) Black mountain scenic area.--Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 16,216 acres, as generally depicted on the map entitled "Black Mountain Scenic Area--Proposed" and dated March 29, 2019, which shall be known as the "Black Mountain Scenic Area".
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall file a map and legal description of the scenic areas established by subsection (a) (referred to in this section as the "scenic areas") with--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) Force of law.--The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this division, except that the Secretary of Agriculture and the Secretary of the Interior may correct any clerical and typographical errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.
(c) Purpose.--The purpose of the scenic areas is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the scenic areas.
(d) Management.--
(1) In general.--The Secretary of Agriculture and the Secretary of the Interior shall administer land under their respective jurisdiction within the scenic areas--
(A) in a manner that conserves, protects, and enhances the resources of the scenic areas, and in particular the scenic character attributes of the scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) for land under the jurisdiction of the Secretary of the Interior;
(iii) any laws (including regulations) relating to the National Forest System, for land under the jurisdiction of the Secretary of Agriculture; and
(iv) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow those uses of the scenic areas that the Secretary determines would further the purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the Federal land in the scenic areas is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on the Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting, except when necessary for the purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum requirements for the administration of the scenic areas and to protect public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent with this section, the Secretary may take any measures in the scenic areas that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise authorized activity or use can be seen or heard within a scenic area shall not preclude the activity or use outside the boundary of the scenic area.
SEC. 5307.
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SPECIAL MANAGEMENT AREAS.
(a) Establishment of Special Management Areas.--
(1) Horse mountain special management area.--
(A) Establishment.--Subject to valid existing rights, there is established the Horse Mountain Special Management Area, comprising approximately 7,482 acres of Federal land in the Six Rivers National Forest, as generally depicted on the map entitled "Horse Mountain Special Management Area" and dated May 15, 2020.
(B) Purpose.--The purpose of the Horse Mountain Special Management Area is to enhance the recreational and scenic values of the special management area while conserving the plants, wildlife, and other natural resource values of the area.
(2) Sanhedrin special management area.--
(A) Establishment.--Subject to valid existing rights, there is established the Sanhedrin Special Management Area, comprising approximately 12,254 acres of Federal land in the Mendocino National Forest, as generally depicted on the map entitled "Sanhedrin Special Management Area" and dated November 14, 2023.
(B) Purposes.--The purposes of the Sanhedrin Special Management Area are--
(i) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, roadless, cultural, historical, natural, educational, and scientific resources of the area;
(ii) to protect and restore late-successional forest structure, oak woodlands and grasslands, aquatic habitat, and anadromous fisheries within the area;
(iii) to protect and restore the undeveloped character of the area; and
(iv) to allow visitors to enjoy the scenic, natural, cultural, and wildlife values of the area.
(3) Fox mountain special management area.--
(A) Establishment.--Subject to valid existing rights, there is established the Fox Mountain Special Management Area, comprising approximately 41,082 acres of Federal land in the Los Padres National Forest, as generally depicted on the map entitled "Fox Mountain Special Management Area" and dated November 14, 2023.
(B) Purposes.--The purposes of the Fox Mountain Special Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations--
(i) the ecological, scenic, wildlife, recreational, roadless, cultural, historical, natural, educational, and scientific resources of the area; and
(ii) the cultural and historical resources and values of the area.
(b) Management Plan.--
(1) In general.--Not later than 5 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary of Agriculture (referred to in this section as the "Secretary") shall develop a comprehensive plan for the long-term management of the special management areas established by subsection (a).
(2) Consultation.--In developing the management plan required under paragraph (1), the Secretary shall consult with--
(A) appropriate State, Tribal, and local governmental entities; and
(B) members of the public.
(3) Additional requirement.--The management plan required under paragraph (1) shall ensure that recreational use within a special management area established by subsection (a) (referred to in this section as a "special management area") does not cause significant adverse impacts on the plants and wildlife of the special management area.
(c) Management.--
(1) In general.--The Secretary shall manage a special management area--
(A) in furtherance of the purpose for the applicable special management area described in subsection (a); and
(B) in accordance with--
(i) the laws (including regulations) generally applicable to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of a special management area that the Secretary determines would further the purposes of the applicable special management area described in subsection (a).
(3) Recreation.--The Secretary shall continue to authorize, maintain, and enhance the recreational use of the special management areas, including hunting, fishing, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, rafting, mountain bicycling, motorized recreation on authorized routes, and other recreational activities, if the recreational use is consistent with--
(A) the purpose of the applicable special management area;
(B) this section;
(C) other applicable law (including regulations); and
(D) any applicable management plans.
(4) Motorized vehicles.--
(A) In general.--Except as provided in paragraph (C), the use of motorized vehicles in a special management area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act.
(B) New or temporary roads.--Except as provided in paragraph (C), no new or temporary roads shall be constructed within a special management area.
(C) Exceptions.--Nothing in paragraph (A) or (B) prevents the Secretary from--
(i) rerouting or closing an existing road or trail to protect natural resources from degradation, or to protect public safety, as determined to be appropriate by the Secretary;
(ii) designating routes of travel on land acquired by the Secretary and incorporated into a special management area if the designations are--
(I) consistent with the purposes of the applicable special management area described in subsection (a); and
(II) completed, to the maximum extent practicable, not later than 3 years after the date of acquisition;
(iii) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project carried out in accordance with subparagraph (D);
(iv) authorizing the use of motorized vehicles for administrative purposes; or
(v) responding to an emergency.
(D) Decommissioning of temporary roads.--
(i) Definition of decommission.--In this subparagraph, the term "decommission" means, with respect to a road--
(I) to reestablish vegetation on the road; and
(II) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism.
(ii) Requirement.--Not later than 3 years after the date on which the applicable vegetation management project is completed, the Secretary shall decommission any temporary road constructed under subparagraph (C)(iii).
(d) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2), no harvesting of timber shall be allowed within a special management area.
(2) Exceptions.--The Secretary may authorize harvesting of timber in a special management area established by subsection (a)--
(A) if the Secretary determines that the harvesting is necessary to further the purposes of the special management area;
(B) in a manner consistent with the purposes for the applicable special management area; and
(C) subject to--
(i) such reasonable regulations, policies, and practices as the Secretary determines to be appropriate; and
(ii) all applicable laws (including regulations).
(e) Grazing.--The grazing of livestock in a special management area, where established before the date of enactment of this Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and practices as the Secretary considers necessary; and
(B) applicable law (including regulations); and
(2) in a manner consistent with the purposes of the applicable special management area described in subsection (a).
(f) Wildfire, Insect, and Disease.--Consistent with this section, the Secretary may carry out any activities within a special management area that the Secretary determines to be necessary to control fire, insects, or diseases, including the coordination of those activities with a State or local agency.
(g) Acquisition and Incorporation of Land and Interests in Land.--
(1) Acquisition authority.--In accordance with applicable laws (including regulations), the Secretary may acquire any land or interest in land within or adjacent to the boundaries of a special management area by purchase from a willing seller, donation, or exchange.
(2) Incorporation.--Any land or interest in land acquired by the Secretary under paragraph (1) shall be--
(A) incorporated into, and administered as part of, the applicable special management area; and
(B) withdrawn in accordance with subsection (i).
(h) Tribal Agreements and Partnerships.--To the maximum extent practicable and in accordance with applicable laws, on request of an affected federally recognized Indian Tribe, the Secretary of the Interior (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) shall enter into agreements, contracts, and other cooperative and collaborative partnerships with the federally recognized Indian Tribe regarding management of a special management area under relevant Federal authority, including--
(1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.);
(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361 et seq.);
(4) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.);
(5) the good neighbor authority under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);
(6) Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments);
(7) Secretarial Order 3342, issued by the Secretary of the Interior on October 21, 2016 (relating to identifying opportunities for cooperative and collaborative partnerships with federally recognized Indian Tribes in the management of Federal lands and resources); and
(8) Joint Secretarial Order 3403, issued by the Secretary of the Interior and the Secretary of Agriculture on November 15, 2021 (relating to fulfilling the trust responsibility to Indian Tribes in the stewardship of Federal lands and waters).
(i) Withdrawal.--Subject to valid existing rights, all Federal land located in a special management area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patenting under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
SEC. 5401. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of--
(1) the South Fork Trinity-Mad River Restoration Area established by section 5101(b);
(2) the wilderness areas and wilderness additions designated, renamed, or modified by section 5301 (or an amendment made by that section);
(3) the potential wilderness areas designated by section 5303(a); and
(4) the Horse Mountain Special Management Area, Sanhedrin Special Management Area, and Fox Mountain Special Management Area established by section 5306(a).
(b) Force of Law.--The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this division, except that the Secretary may correct any clerical and typographical errors in the maps and legal descriptions.
(c) Public Availability.--The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service, the Bureau of Land Management, or the National Park Service, as applicable.
SEC. 5402. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable after the date of enactment of this Act, in accordance with applicable law (including regulations), the Secretary shall incorporate the designations and studies required by this division into updated management plans for units covered by this division.
SEC. 5403.
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PACIFIC GAS AND ELECTRIC COMPANY UTILITY
FACILITIES AND RIGHTS-OF-WAY.
(a) Effect of Title.--Nothing in this division--
(1) affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any predecessor or successor in interest or assign) that is located on land included in--
(A) the South Fork Trinity-Mad River Restoration Area established by section 5101(b);
(B) the Bigfoot National Recreation Trail established under section 5201(b)(1); or
(C) the Horse Mountain Special Management Area or Sanhedrin Special Management Area established by section 5306(a); or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and Electric Company, including those utility facilities in existence on the date of enactment of this Act within--
(i) the South Fork Trinity-Mad River Restoration Area known as--
(I) "Gas Transmission Line 177A or rights-of-way";
(II) "Gas Transmission Line DFM 1312-02 or rights-of-way";
(III) "Electric Transmission Line Bridgeville-Cottonwood 115 kV or rights-of-way";
(IV) "Electric Transmission Line Humboldt-Trinity 60 kV or rights-of-way";
(V) "Electric Transmission Line Humboldt-Trinity 115 kV or rights-of-way";
(VI) "Electric Transmission Line Maple Creek-Hoopa 60 kV or rights-of-way";
(VII) "Electric Distribution Line-Willow Creek 1101 12 kV or rights-of-way";
(VIII) "Electric Distribution Line-Willow Creek 1103 12 kV or rights-of-way";
(IX) "Electric Distribution Line-Low Gap 1101 12 kV or rights-of-way";
(X) "Electric Distribution Line-Fort Seward 1121 12 kV or rights-of-way";
(XI) "Forest Glen Border District Regulator Station or rights-of-way";
(XII) "Durret District Gas Regulator Station or rights-of-way";
(XIII) "Gas Distribution Line 4269C or rights-of-way";
(XIV) "Gas Distribution Line 43991 or rights-of-way";
(XV) "Gas Distribution Line 4993D or rights-of-way";
(XVI) "Sportsmans Club District Gas Regulator Station or rights-of-way";
(XVII) "Highway 36 and Zenia District Gas Regulator Station or rights-of-way";
(XVIII) "Dinsmore Lodge 2nd Stage Gas Regulator Station or rights-of-way";
(XIX) "Electric Distribution Line-Wildwood 1101 12 kV or rights-of-way";
(XX) "Low Gap Substation";
(XXI) "Hyampom Switching Station"; or
(XXII) "Wildwood Substation";
(ii) the Bigfoot National Recreation Trail known as--
(I) "Gas Transmission Line 177A or rights-of-way";
(II) "Electric Transmission Line Humboldt-Trinity 115 kV or rights-of-way";
(III) "Electric Transmission Line Bridgeville-Cottonwood 115 kV or rights-of-way"; or
(IV) "Electric Transmission Line Humboldt-Trinity 60 kV or rights-of-way";
(iii) the Sanhedrin Special Management Area known as "Electric Distribution Line-Willits 1103 12 kV or rights-of-way"; or
(iv) the Horse Mountain Special Management Area known as "Electric Distribution Line Willow Creek 1101 12 kV or rights-of-way"; or
(B) utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in subparagraph (A).
(b) Plans for Access.--Not later than the later of the date that is 1 year after the date of enactment of this Act or the date of issuance of a new utility facility right-of-way within the South Fork Trinity-Mad River Restoration Area, Bigfoot National Recreation Trail, Sanhedrin Special Management Area, or Horse Mountain Special Management Area, the Secretary, in consultation with the Pacific Gas and Electric Company, shall publish plans for regular and emergency access by the Pacific Gas and Electric Company to the inholdings and rights-of-way of the Pacific Gas and Electric Company.
SEC. 5404. REAUTHORIZATION OF EXISTING WATER FACILITIES IN
PLEASANT VIEW RIDGE WILDERNESS.
(a) Authorization for Continued Use.--The Secretary of Agriculture may issue a special use authorization to the owners of a water transport or diversion facility (referred to in this section as a "facility") located on National Forest System land in the Pleasant View Ridge Wilderness designated by section 1802(8) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-11; 123 Stat. 1054) for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that--
(1) the facility was in existence on the date on which the land on which the facility is located was designated as part of the National Wilderness Preservation System (referred to in this section as "the date of designation");
(2) the facility has been in substantially continuous use to deliver water for the beneficial use on the non-Federal land of the owner since the date of designation;
(3) the owner of the facility holds a valid water right for use of the water on the non-Federal land of the owner under State law, with a priority date that predates the date of designation; and
(4) it is not practicable or feasible to relocate the facility to land outside of the Pleasant View Ridge Wilderness and continue the beneficial use of water on the non-Federal land recognized under State law.
(b) Terms and Conditions.--A special use authorization issued under this section shall be subject to such terms and conditions as the Secretary determines appropriate to protect wilderness resources and values.
SEC. 5405. USE BY MEMBERS OF INDIAN TRIBES.
(a) Access.--The Secretary shall ensure that Indian Tribes have access, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the South Fork Trinity-Mad River Restoration Area, wilderness areas, scenic areas, special management areas, and potential wilderness areas designated by this division for traditional cultural and religious purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the Secretary, on request of an Indian Tribe, may temporarily close to the general public 1 or more specific portions of a wilderness area, scenic area, or potential wilderness area designated by this division to protect the privacy of the members of the Indian Tribe in the conduct of traditional cultural and religious activities.
(2) Requirement.--Any closure under paragraph (1) shall be--
(A) made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out; and
(B) be consistent with--
(i) Public Law 95-341 (commonly known as the "American Indian Religious Freedom Act") (42 U.S.C. 1996 et seq.);
(ii) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(iii) the Wild and Scenic Rivers Act (16 U.S.C. 1276 et seq.).
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SA 6043. Mr. PADILLA 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:
Text printed in the Record (8,607 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. REAUTHORIZATION OF WATER PROGRAM.
(a) Reauthorization of Large-scale Water Recycling and Reuse Program.--Section 40905 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3205) is amended--
(1) in subsection (b), by inserting "feasibility studies and" before "the planning";
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by inserting "for a feasibility study for the eligible project or" before "to an eligible project"; and
(B) in paragraph (4), by striking "30" and inserting "60"; and
(3) in subsection (k)--
(A) by striking "5 years" and inserting "10 years"; and
(B) by inserting ", except for any project under construction as of that termination date" before the period at the end.
(b) Reauthorization of Recycling Program and Environmental Restoration Program, and Offset.--
(1) Reauthorization of water recycling and environmental restoration programs, and offset.--Section 4013 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114-322) is amended--
(A) in paragraph (1), by striking "and" at the end;
(B) in paragraph (2), by striking "in" and inserting "under";
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following:
"(2) section 4009(c) (including the amendments made by that section), section 4010(b)(2), and subsections (a), (b), (c), (d), and (f) of section 4011, which shall expire 15 years after that date of enactment; and".
(2) Ceiling on federal share for water recycling projects.--Section 1631(d)(1) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-13(d)(1)) is amended by striking "$20,000,000 (October 1996 prices)" and inserting "$50,000,000 (in December 2025 prices, as automatically adjusted each January based on the percentage increase in the consumer price index for all urban consumers (United States city average) over the previous year, as published by the Bureau of Labor Statistics)".
(3) Actions for benefit of endangered species, important habitat, and water bodies.--Section 4010(b) of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1872) is amended by striking paragraph (2) and inserting the following:
"(2) Actions for benefit of endangered species, important habitat, and water bodies.--The Secretary of the Interior (acting through the Commissioner) may undertake or enter into cooperative agreements to support activities during the period of fiscal years 2028 through 2032--
"(A) for the restoration of habitat or improvement of conditions at the Great Salt Lake and other saline inland lakes affected by the operation of the Central Utah Project or Bureau of Reclamation water projects or deliveries;
"(B) for--
"(i) gravel and rearing area additions, fish passage improvements, barrier removal, and habitat restoration to the Sacramento River, its tributaries, or other rivers or river basins affected by the operation of Bureau of Reclamation facilities to benefit species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), including Chinook salmon and steelhead trout;
"(ii) scientifically improved and increased real-time monitoring to inform real-time operations of Bureau of Reclamation facilities, and alternative methods, models, and equipment to improve temperature modeling, science, and monitoring to support flow benefits for fish species, and related forecasted information for purposes of predicting impacts to salmon, salmon habitat, species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or other species of concern as a result of water management at Bureau of Reclamation facilities;
"(iii) aquatic habitat restoration activities, including floodplain reconnection and reactivation projects (such as off-channel and managed floodplain inundation projects that enhance biological productivity and food web support for fish) that enhance the ability of the Bureau of Reclamation to meet contractual obligations for water deliveries;
"(iv) fish hatchery modernization and construction projects; and
"(v) structural or operational improvements, including temperature control and associated facilities, necessary to implement activities described in clauses (i) through (iv); and
"(C) for planning, design, scientific studies, resource and biological monitoring, environmental reviews, permitting, construction, implementation, and adaptive management associated with any of the activities described in subparagraphs (A) and (B).".
(c) Deauthorization of Inactive Projects Offset.--
(1) Purposes.--The purposes of this subsection are--
(A) to establish an efficient and transparent process for deauthorizing Reclamation projects that have failed to receive a minimum level of investment to ensure active Reclamation projects can move forward while reducing the backlog of authorized Reclamation projects; and
(B) to allow for exceptions for the deauthorization of Reclamation projects under subparagraph (A) based on--
(i) action by Congress;
(ii) funding to completion by the non-Federal project sponsor; or
(iii) a finding by the Secretary that certain Reclamation projects should continue to be authorized to meet vitally important needs of a State or the United States.
(2) Definitions.--In this subsection:
(A) Reclamation project.--The term "Reclamation project" means a project that is--
(i) owned by the United States; and
(ii) constructed and operated under the direction of the Bureau of Reclamation.
(B) Secretary.--The term "Secretary" means the Secretary of the Interior (acting through the Commissioner of Reclamation).
(3) Interim deauthorization list.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives and make available on a publicly accessible internet website in a manner that is downloadable, searchable, and sortable--
(A) an interim deauthorization list of Reclamation projects--
(i) that are authorized; and
(ii) for which funding was not obligated during the fiscal year in which this Act is enacted or any of the preceding 7 fiscal years; and
(B) for each Reclamation project listed under subparagraph (A)--
(i) the date of authorization of the Reclamation project, including any subsequent modifications to the original authorization;
(ii) a brief description of the Reclamation project;
(iii) the estimated cost of completion of the Reclamation project; and
(iv) any remaining amounts authorized, but not appropriated, for the Reclamation project.
(4) Final deauthorization list.--
(A) In general.--Not later than 1 year after the date on which the interim deauthorization list is submitted under paragraph (3), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives and make available on a publicly accessible internet website in a manner that is downloadable, searchable, and sortable, a final deauthorization list of all Reclamation projects identified in the interim deauthorization list, other than any Reclamation project--
(i) for which funding has been provided by an Act of Congress after the date of submission of the interim deauthorization list; or
(ii) that the Secretary excludes under subparagraph (B).
(B) Exclusions.--The Secretary may exclude from the final deauthorization list under subparagraph (A) a Reclamation project that the Secretary determines is vitally important for the interests of the United States or a particular State, based on consideration of the effects of the Reclamation project on--
(i) public health and safety;
(ii) the economy; or
(iii) the environment.
(5) Deauthorization; congressional review.--Effective beginning on the date that is 1 year after the date of submission of the final deauthorization list under paragraph (4), a Reclamation project included on the final deauthorization list under that paragraph is deauthorized, unless, prior to that date--
(A) a joint resolution disapproving the final deauthorization report is enacted into law;
(B) funding for the Reclamation project has been provided by an Act of Congress; or
(C) the non-Federal sponsor of the Reclamation project provides sufficient funds to complete the Reclamation project.
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SA 6044. Mr. PADILLA 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:
Text printed in the Record (2,074 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. EXPANSION OF JOSHUA TREE NATIONAL PARK.
(a) Boundary Adjustment.--Section 402 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa-22) is amended, in the first sentence, by inserting after "October 1991 or prior," the following: "and including the approximately 20,149 acres of land generally depicted on the map entitled `Joshua Tree National Park Proposed Boundary Addition', numbered 156/193,676, and dated June 2024".
(b) Transfer of Administrative Jurisdiction.--Administrative jurisdiction over the land described in the amendment made by subsection (a) is transferred from the Bureau of Land Management to the National Park Service.
(c) Land Acquisition.--
(1) In general.--Subject to paragraph (2), the Secretary of the Interior may acquire land and interests in land within the boundary of the Joshua Tree National Park by--
(A) donation;
(B) purchase from a willing seller;
(C) exchange; or
(D) transfer.
(2) Limitation.--Any land or interest land within the boundary of the Joshua Tree National Park that is owned by the State of California or a political subdivision of the State of California may only be acquired by the Secretary of the Interior by donation or exchange.
(d) Technical Correction.--Section 1433(a) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116-9; 133 Stat. 700) is amended by striking "156/149,375" each place it appears and inserting "156/ 149,375A".
(e) Redesignation of the Cottonwood Visitor Center at Joshua Tree National Park as the "Dianne Feinstein Visitor Center".--
(1) Redesignation.--The Cottonwood Visitor Center at Joshua Tree National Park, or any successor to that visitor center, shall be known and designated as the "Dianne Feinstein Visitor Center".
(2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the visitor center referred to in paragraph (1) shall be deemed to be a reference to the "Dianne Feinstein Visitor Center".
SA 6045. Mr. PADILLA 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:
Text printed in the Record (1,172 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. MONTEREY BAY NATIONAL HERITAGE AREA STUDY.
(a) In General.--The Secretary of the Interior, in consultation with the State of California, local organizations and governmental agencies, Tribal Governments, nonprofit organizations, and other appropriate entities, including the Monterey Bay Economic Partnership, shall conduct a study to assess the suitability and feasibility of designating the areas described in subsection (b) as a National Heritage Area, to be known as the "Monterey Bay National Heritage Area".
(b) Description of Study Area.--The areas to be studied under subsection (a) include--
(1) Monterey, San Mateo, Santa Cruz, and San Luis Obispo counties in the State of California; and
(2) any other area in the State of California that--
(A) has heritage aspects that are similar to the heritage aspects of an area described in paragraph (1); and
(B) is adjacent to, or in the vicinity of, an area described in paragraph (1).
(c) Applicable Law.--The study required under subsection (a) shall be conducted in accordance with section 120103(a) of title 54, United States Code.
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SA 6046. Mr. PADILLA 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:
Text printed in the Record (3,471 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. INTEREST-BEARING ACCOUNT FOR THE NON-FEDERAL
CONTRIBUTIONS TO THE LOWER COLORADO RIVER
MULTI-SPECIES CONSERVATION PROGRAM.
Section 9402 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1328) is amended by adding at the end the following:
"(c) Interest-Bearing Account for Non-Federal Contributions.--
"(1) Definitions.--In this subsection:
"(A) Agreement.--The term `Agreement' means the agreement entitled the `Lower Colorado River Multi-Species Conservation Program Funding and Management Agreement' and dated April 4, 2005.
"(B) Fund.--The term `Fund' means the Non-Federal Funding Account for the Lower Colorado River Multi-Species Conservation Program established by paragraph (2).
"(C) Non-federal contribution.--The term `non-Federal contribution' means an amount contributed by a State Party for the non-Federal cost share described in section 8 of the Agreement.
"(D) State party.--The term `State Party' has the meaning given the term in section 3 of the Agreement.
"(2) Establishment.--There is established in the Treasury of the United States a fund, to be known as the `Non-Federal Funding Account for the Lower Colorado River Multi-Species Conservation Program', consisting of--
"(A) any amounts deposited in the Fund under paragraph (3); and
"(B) any interest earned on investment of amounts in the Fund under paragraph (4).
"(3) Deposits to fund.--
"(A) In general.--Pursuant to section 8.4 of the Agreement, the Secretary of the Treasury shall deposit in the Fund--
"(i) any unexpended non-Federal contributions provided before the date of enactment of this subsection; and
"(ii) any non-Federal contributions provided on or after the date of enactment of this subsection.
"(B) Availability of amounts.--
"(i) Expenditure.--Amounts deposited in the Fund under subparagraph (A) shall be made available to the Secretary, without further appropriation, for expenditure--
"(I) as provided in the Program Documents; and "(II) in accordance with this section.
"(ii) Interest.--Amounts derived from interest earned on amounts in the Fund under subparagraph (A) shall be made available, subject to appropriation of amounts derived from such interest, to the Secretary for expenditure--
"(I) as provided in the Program Documents; and "(II) in accordance with this section.
"(4) Investment of amounts.--
"(A) In general.--The Secretary of the Treasury may invest any portion of the Fund that is not, as determined by the Secretary, required to meet the current needs of the Fund.
"(B) Requirement.--Investments under subparagraph (A) may be made only in interest-bearing obligations of the United States.
"(5) Transfers of amounts.--
"(A) Transfer of previously contributed funds.--The amounts required to be deposited in the Fund under paragraph (3)(A)(i) shall be transferred from the general fund of the Treasury to the Fund not later than 90 days after the date of enactment of this subsection.
"(B) Transfer of future contributed funds.--As soon as practicable after the date on which amounts described in paragraph (3)(A)(ii) are contributed, those amounts shall be transferred to the Fund.
"(C) Responsibility of state parties.--In accordance with the Agreement, on deposit of amounts in the Fund under paragraph (3), the State Parties shall not be responsible for any losses due to investment of those amounts the Fund.".
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SA 6047. Mr. PADILLA 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:
Text printed in the Record (9,229 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. PROJECT PLANNING IN SUPPORT OF INNOVATIVE
VOLUNTARY WATER SHARING AGREEMENTS AND
VOLUNTARY USE OF WATER-THRIFTY CROPS.
Title II of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2221 et seq.) is amended by inserting after section 201 the following:
"SEC. 201A. PROJECT PLANNING IN SUPPORT OF INNOVATIVE
VOLUNTARY WATER SHARING AGREEMENTS AND
VOLUNTARY USE OF WATER-THRIFTY CROPS TO PREPARE
FOR AND RESPOND TO DROUGHT.
"(a) In General.--The Secretary, in order to prepare for and respond to drought conditions, may, using funds made available to carry out this title and under subsection (g), provide to qualified applicants technical and financial assistance to provide planning support for the implementation of voluntary projects incorporating innovative approaches that--
"(1)(A) keep agricultural land in production; and
"(B) support income and employment levels in rural communities;
"(2) provide affordable water supplies, redundant water supplies, shared storage, or other benefits; and
"(3) rely over the long term on sources other than Federal funding for implementation.
"(b) Description of Innovative Approach.--An innovative approach referred to in subsection (a)--
"(1) shall--
"(A) be new; or
"(B) lack a well-established track record in the applicable area;
"(2) shall include an approach that--
"(A) insulates agricultural water users from the risk of crop failures or water shortages through voluntary financial, water storage, or water sharing agreements between at least 1 party described in subsection (c)(1)(A)(i) and 1 party described in subsection (c)(1)(A)(ii);
"(B) brings water-saving commodities or practices into production; or
"(C) involves voluntary methods for reducing agricultural consumptive water use, including--
"(i) hydroponics;
"(ii) agrovoltaics;
"(iii) agroforestry;
"(iv) innovative irrigation technologies, including gravity-powered drip irrigation and automated high-efficiency surface irrigation;
"(v) root-zone-based irrigation management systems;
"(vi) implementation of regenerative agricultural practices that decrease net water consumption; or
"(vii) concentration of crop production on a reduced irrigated acreage that results in an equal or greater financial return; and
"(3) shall not include an approach that--
"(A) fallows agricultural land for--
"(i) the majority of the growing season in the applicable area; or
"(ii) in the case of a drought-year agreement, is reasonably anticipated to result in fallowing for the majority of years under the drought-year agreement; or
"(B) involves crops in the applicable area (other than crops using an approach described in paragraph (2)) that are--
"(i) widely used or planted; or
"(ii) well understood in terms of yield, cost, and other key production factors.
"(c) Qualified Applicants.--
"(1) In general.--Except as provided in paragraph (3), to qualify for financial or technical assistance under this section, an applicant shall--
"(A) propose a voluntary partnership among--
"(i) 1 or more agricultural entities or irrigation districts, which shall include any relevant water right holder, contractor, or permittee, the authorization of which is required under subsection (d)(2); and
"(ii) 1 or more--
"(I) State, municipal, or other community water providers;
"(II) industrial or commercial entities, including data centers;
"(III) States, State agencies, or subdivisions of a State; or
"(IV) nonprofit conservation organizations; and
"(B) submit to the Secretary an application signed by at least 1 party described in subparagraph (A)(i) and 1 party described in subparagraph (A)(ii).
"(2) No limits on participation of tribal entities.--Each of the parties described in clauses (i) and (ii) of paragraph (1)(A) may be Tribal entities.
"(3) Projects without voluntary partnerships.--
"(A) In general.--Notwithstanding paragraph (1), the Secretary may award, with the authorization of the water right holder, contractor, or permittee, if required under subsection (d)(2), to a State, State agency, or subdivision of a State, Indian Tribe, or agricultural entity that is not in a voluntary partnership with other entities described in paragraph (1)(A) a portion of the financial assistance authorized under this section for the planning or conduct of a voluntary project that--
"(i) uses an innovative approach described in paragraphs (1) and (2) of subsection (b); or
"(ii) with respect to a voluntary project conducted by a State, State agency, or Indian Tribe, would advance other long-term efforts to reverse declining--
"(I) groundwater supplies; or "(II) freshwater inflows to inland lakes.
"(B) Priority consideration.--The Secretary shall give priority consideration to an application for financial assistance under this paragraph for which the following thresholds have been met or are projected to be met:
"(i) In the case of an application from an agricultural entity or subdivision of a State, a reduction of 40 percent or more in the annual water supply of the agricultural entity or subdivision of the State, due to factors outside the control of the agricultural entity or subdivision of the State.
"(ii) In the case of an application from a State, State agency, or Indian Tribe, a reduction of 40 percent or more in--
"(I) groundwater supplies; or "(II) freshwater inflows to inland lakes.
"(d) Application Requirements.--The Secretary shall ensure that applications for financial or technical assistance under this section--
"(1) shall be limited to--
"(A) a brief description of why the proposed approach to be provided assistance is consistent with this section and the priorities described in subsection (e); and
"(B) any basic information on the applicant that the Secretary determines to be necessary;
"(2) shall require, in the case in which a water user applicant is located within an irrigation district, authorization from the water right holder, contractor, or permittee, if different from the applicant; and
"(3) shall not require any preparation of supporting reports by the applicant or other entities.
"(e) Priority.--The Secretary shall prioritize applications for financial or technical assistance under this section based on--
"(1) for projects involving a voluntary partnership under subsection (c)(1), whether the proposed project would dedicate a portion of the water saved in the project area to increase water supplies for--
"(A) other members of the water district within which the project is located; or
"(B) in the case of a project not within a water district, other members of the municipality, Indian Tribe, acequia, or other community unit within which the project is located;
"(2) the extent to which the proposed approach is innovative in terms of--
"(A) the practices implemented or the crops planted;
"(B) the financial or other aspects of the voluntary partnership among the agricultural entities and municipal or industrial entities or nonprofit conservation organizations; or
"(C) a combination of the factors described in subparagraphs (A) and (B);
"(3) the extent to which the proposed approach is preliminarily estimated to reduce consumptive agricultural water use compared to existing practices while keeping agricultural land in production;
"(4) the extent to which the proposed approach is preliminarily estimated to support income and employment levels in the relevant agricultural community compared to existing practices (whether due to increased yields, lower input costs, or other factors);
"(5) the assessment of the Secretary of the likelihood that the proposed approach is likely to be successfully implemented as proposed;
"(6) whether the voluntary water sharing agreements among the agricultural entities and municipal or industrial entities or nonprofit conservation organizations are proposed for a period of not less than 5 years;
"(7) the likelihood of the project to sustain the project long-term without the need for additional Federal funding after the project demonstration phase; and
"(8) such other factors as the Secretary determines to be appropriate, consistent with subsection (c)(3).
"(f) Cost-sharing Requirement.--
"(1) In general.--The Federal share of activities provided financial assistance under this section shall not exceed 75 percent of the cost of the activities.
"(2) Waiver.--The Secretary may waive the cost-sharing requirement under paragraph (1) for Tribal entities.
"(g) Funding.--
"(1) In general.--Notwithstanding any other provision of law, the Secretary may use not more than 10 percent of the amounts made available under section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) to carry out this section, including any reasonable administrative expenses.
"(2) Authorization of appropriations.--In addition to any amounts otherwise made available to carry out this title and amounts made available under paragraph (1), there is authorized to be appropriated to the Secretary to carry out this section, including any reasonable administrative expenses, $5,000,000 for each of fiscal years 2028 through 2034.".
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SA 6048. Mr. PADILLA 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:
Text printed in the Record (3,412 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER
CERTAIN FEDERAL LAND IN THE STATE OF
CALIFORNIA.
(a) Transfer of Administrative Jurisdiction.--
(1) National forest system land.--Administrative jurisdiction over the approximately 160 acres of National Forest System land more particularly described as T.1 S., R.19 E., sec. 24, SE\1/4\NE\1/4\, NW\1/4\SE\1/4\, NE\1/ 4\SE\1/4\, and SE\1/4\SE\1/4\, Mount Diablo Meridian, Tuolumne County, California, as generally depicted on the map entitled "Ackerson Meadow Land Interchange" and dated February 24, 2022, is transferred to the Secretary of the Interior to be managed as part of Yosemite National Park, in accordance with laws applicable to the National Park System.
(2) National park system land.--Administrative jurisdiction over the approximately 170 acres of National Park System land more particularly described as the SE\1/4\ of sec. 23 and the land to the north and west of Road 1S25 within the NW\1/ 4\SE\1/4\NW\1/4\ of sec. 24, T.1 S., R. 19 E., Mount Diablo Meridian, Tuolumne County, California, as generally depicted on the map entitled "Ackerson Meadow Land Interchange" and dated February 24, 2022, is transferred to the Secretary of Agriculture to be managed as part of Stanislaus National Forest in accordance with laws applicable to the National Forest System.
(b) Corrections.--
(1) Minor adjustments.--The Secretary of Agriculture and the Secretary of the Interior may, by mutual agreement, make minor corrections and adjustments to the Federal land transferred under subsection (a) to facilitate land management, including making a correction or adjustment to any applicable survey.
(2) Publications.--Any correction or adjustment made under paragraph (1) shall be effective on the date of publication of a notice of the correction or adjustment in the Federal Register.
(c) Hazardous Substances.--
(1) Notice.--The Secretary of Agriculture and the Secretary of the Interior shall, with respect to the land described in paragraphs (1) and (2) of subsection (a), respectively--
(A) identify any known sites containing hazardous substances; and
(B) provide to the head of the Federal agency to which the land is being transferred under subsection (a) notice of any site containing hazardous substances, as identified under subparagraph (A).
(2) Cleanup obligations.--To the same extent as on the day before the date of enactment of this Act, with respect to any Federal liability--
(A) the Secretary of Agriculture shall remain responsible for any cleanup of hazardous substances on the Federal land described in subsection (a)(1); and
(B) the Secretary of the Interior shall remain responsible for any cleanup of hazardous substances on the Federal land described in subsection (a)(2).
(d) Effect on Existing Rights and Authorizations.--Nothing in this section affects--
(1) any valid existing rights; or
(2) the validity or terms and conditions of any existing withdrawal, right-of-way, easement, lease, license, or permit on the land to which administrative jurisdiction is transferred under this section, except that beginning on the date of enactment of this Act, the head of the agency to which administrative jurisdiction over the land is transferred shall be responsible for administering the interests or authorizations in accordance with applicable law.
SA 6049. Mr. PADILLA 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:
Text printed in the Record (2,756 characters)
At the appropriate place in title III, insert the following:
SEC. 3__. LIMITATION ON USE OF FUNDS FOR OIL AND GAS
AGREEMENTS AFFECTING RANGES AND OPERATING AREAS
LOCATED OFF THE COAST OF FLORIDA OR CALIFORNIA.
(a) In General.--None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2027 may be used to enter into an agreement or make a determination in connection with oil and gas on the Outer Continental Shelf that would constrain access by the Armed Forces to a range or operating area located off the coast of Florida or California, unless the Secretary of Defense certifies to the congressional defense committees that the agreement or determination will not have a significant adverse effect on training, testing, or operations of the Armed Forces in such range or operating area.
(b) Elements.--A certification under subsection (a) shall include each of the following:
(1) An identification of the scope of test and training events of the Armed Forces conducted in ranges and operating areas located off the coasts of California and Florida.
(2) An identification of any comparable testing and training areas, within and outside of the United States and its territories, that can replicate the capabilities of the ranges and operating areas located off the coasts of California and Florida.
(3) During the 10-year period preceding the date of the submission of the certification, the number of test events, exercises, and military operations conducted by the Armed Forces in ranges and operating areas located off the coasts of California and Florida, disaggregated by calendar year.
(4) An assessment of the extent to which the Armed Forces would be unable to meet training and test requirements necessary to be prepared to support operational plans if access to ranges and operating areas off the coasts of California and Florida were reduced or constrained due to oil and gas activities.
(5) An assessment of the degree to which the Military Aviation and Installation Assurance Siting Clearinghouse established under section 183a of title 10, United States Code, and the Secretary of each military department were consulted during the permitting processes relating to oil and gas activities, including--
(A) a description of how oil and gas activities could negatively affect the mission of the Armed Forces and any proposed mitigations for identified negative effects; and
(B) an identification of any instance in which the Secretary, the Secretary of a military department, or another official of the Department of Defense recommended against oil and gas activities within a range or operating area located off the cost of California or Florida.
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SA 6050. Mr. PADILLA 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:
Text printed in the Record (655 characters)
At the appropriate place in title III, insert the following:
SEC. 3__. 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".
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SA 6051. Mr. PADILLA 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:
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At the appropriate place in title II, insert the following:
SEC. ___. NAVY UNIVERSITY RESEARCH INITIATIVES.
(a) In General.--Notwithstanding any other provision of this Act, the Secretary of the Navy shall continue the Navy University Research Initiatives (PE 0601103N) and shall carry out the activities funded under such program element during fiscal year 2027.
(b) Funding.--Of the amount authorized to be appropriated for fiscal year 2027 by section 201 for research, development, test, and evaluation, not less than $116,900,000 shall be available for Navy University Research Initiatives (PE 0601103N).
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SA 6052. Mr. PADILLA 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:
Text printed in the Record (334 characters)
At the appropriate place in title XXVIII, insert the following:
SEC. 28__. MODERNIZATION OF MILITARY HOUSING PLANNING
AUTHORITIES.
The Secretary of Defense may incorporate future housing demand projections into housing capacity assessments for the Department of Defense, rather than relying solely on existing housing data.
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SA 6053. Mr. PADILLA 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:
Text printed in the Record (1,533 characters)
At the appropriate place in title II, insert the following:
SEC. ___. DEMONSTRATION PROGRAM ON IMPACT OF DIFFERING
WILDFIRE CONDITIONS, RESILIENCE MEASURES, AND
TECHNOLOGIES ON WILDFIRE SPREAD AND RESPONSE IN
BUILT ENVIRONMENT.
(a) Demonstration Authorized.--The Secretary of Defense shall, in coordination with the Director of the National Science Foundation, conduct a program on demonstrating the impact of differing wildfire conditions, resilience measures, and technologies on wildfire spread and response in the built environment.
(b) Mock Town.--In carrying out the program under subsection (a), the Secretary may construct a mock town on a test range and ignite fires on the test range to carry out demonstrations described in subsection (a).
(c) Coordination and Experimentation.--In coordinating with the Director under subsection (a) and carrying out subsection (b), the Secretary shall work with the Director to design, construct, equip, and operate a full-scale, representative built-environment test range and conduct controlled wildfire exposure and propagation experiments on that range.
(d) Sharing of Data and Findings.--
(1) In general.--Except as provided by paragraph (2), under the program authorized by subsection (a), the Secretary shall make available to the public all data produced by the program and findings of the Secretary with respect to the program.
(2) Exceptions.--The Secretary may make exceptions under paragraph (1) as the Secretary considers appropriate for national security.
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SA 6054. Mr. PADILLA (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:
Text printed in the Record (7,861 characters)
At the end of part I of subtitle F of title V, insert the following:
SEC. 553. PILOT PROGRAM FOR ROUTINE MENTAL WELLNESS
SCREENINGS IN SCHOOLS OPERATED BY THE
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Requirement.--Beginning not later than one year after the date of the enactment of this Act, the Secretary shall establish and implement a pilot program to provide developmentally appropriate, nondiagnostic mental wellness screenings for all students in grades 6 through 12 enrolled in covered DoDEA schools. Such screenings shall include the identification of internalizing concerns, such as anxiety and depression, suicidal thoughts, and suicidal behaviors, for the limited purposes of early identification of distress, referral to existing supports, and prevention, consistent with existing school-based health and wellness practices.
(b) Timing of Screenings.--Screenings conducted under the pilot program required by subsection (a) shall be offered--
(1) annually, aligned with existing student health screening schedules; and
(2) at key educational transition points or other periods of heightened stress, including
transitions into a new school or grade span resulting from a permanent change in station, as determined appropriate by the Secretary.
(c) Screening Characteristics.--Screenings conducted under the pilot program required by subsection (a) shall--
(1) use validated, reliable, and age-appropriate screening tools, with preference given to tools that are free or available at minimal cost;
(2) include general questions related to emotional wellbeing, stress, mood, and functional concerns, including questions designed to detect internalizing symptoms and risk for suicidal thoughts or suicidal behaviors; and
(3) be designed to identify potential need for additional support rather than to diagnose mental health conditions.
(d) Selection of Schools.--The Secretary shall select three covered DoDEA schools to participate in the pilot program required by subsection (a), one from each of geographic region of the Department of Defense Education Activity.
(e) Administration and Oversight.--
(1) In general.--Screenings conducted under the pilot program required by subsection (a)--
(A) may be completed by students independently using school-issued devices during noninstructional or noncurricular time, such as a homeroom period, advisory period, study hall, or other designated setting, in a quiet, structured school environment and consistent with school policies; and
(B) shall be administered through school-approved platforms or systems that allow secure collection, storage, and access to screening information in accordance with applicable privacy laws.
(2) Oversight.--Nurses, counselors, psychologists, or other appropriately trained personnel at covered DoDEA schools, in coordination with existing medical, educational, and student support systems of the Department of Defense, shall be responsible for oversight of--
(A) administration of screenings conducted under the pilot program required by subsection (a);
(B) review and interpretation of results of such screenings; and
(C) follow-up actions, as appropriate.
(3) Use of funds.--Funds made available to carry out this section may be used to support training, professional development, and technical assistance to ensure screenings conducted under the pilot program required by subsection (a) are administered appropriately, ethically, and in accordance with evidence-informed, school-based practices, using existing personnel and systems to the maximum extent practicable.
(f) Parental Rights and Communication.--In carrying out the pilot program required by subsection (a), the Secretary shall--
(1) require advance written notification to parents or legal guardians describing the preventive, nondiagnostic purpose, general content, and intended use of the screenings conducted under the pilot program;
(2) ensure the screenings are administered on an opt-out basis, requiring parents or guardians to acknowledge receipt of the notification under paragraph (1) and to allow or prevent the participation of their children without penalty, stigma, or adverse consequence; and
(3) ensure parents or legal guardians are notified when screening results indicate a need for follow-up support, or upon request, with guidance on available resources available in the community or through the Department of Defense Education Activity.
(g) Use and Limitations.--Screenings conducted under the pilot program required by subsection (a)--
(1) shall be designed to be age-appropriate, nondiagnostic, and sufficiently brief to be completed within a single noninstructional school period; and
(2) may not--
(A) be used for disciplinary, evaluative, punitive, or diagnostic purposes;
(B) require or constitute curriculum, instruction, lesson plans, classroom teaching, or educational programming of any kind; or
(C) be used to mandate treatment or referral beyond existing legal requirements.
(h) Privacy Protections.--All data generated by screenings conducted under the pilot program required by subsection (a)--
(1) shall be treated as confidential student information and protected in accordance with applicable Federal privacy laws, including the protection of education records under section 552a of title 5, United States Code (commonly known as the "Privacy Act"), and applicable privacy regulations of the Department of Defense; and
(2) may be accessed and reviewed only by appropriate personnel of a DoDEA covered school with a legitimate educational interest for purposes of student support, safety, and follow-up.
(i) Evaluation and Reporting.--
(1) Biannual evaluations.--Not later than 180 days after the date on which the pilot program required by subsection (a) commences, and every 180 days thereafter under the termination date under subsection (k), the Secretary shall evaluate the pilot program to assess--
(A) the feasibility and ease of implementation of the pilot program;
(B) participation and opt-out rates;
(C) the extent to which the pilot program uses existing systems and efforts to reduce redundancy; and
(D) indicators of student wellbeing, aggregated in a manner that ensures that the students are not identifiable.
(2) Report required.--Not later than one year before the termination under subsection (k) of the pilot program required by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report--
(A) summarizing the findings from evaluations conducted under paragraph (1);
(B) assessing the cost effectiveness of the pilot program;
(C) assessing the efficiency of implementing the pilot program; and
(D) making recommendations regarding potential expansion of the pilot program.
(j) Rules of Construction.--Nothing in this section shall be construed to prevent personnel of a covered DoDEA school from--
(1) taking appropriate action, including immediate action, when necessary, consistent with existing school safety, duty-of-care, or student support protocols; or
(2) notifying the parents or legal guardians of a student when follow-up is indicated by the results of a screening conducted under the pilot program required by subsection (a) or upon the request of the parents or legal guardians.
(k) Termination.--The pilot program required by subsection (a) shall terminate on the date that is 3 years after the program is implemented.
(l) Definitions.--In this section:
(1) Covered dodea school.--The term "covered DoDEA school" means an elementary or secondary school operated by the Department of Defense Education Activity, within or outside the United States.
(2) Secretary.--The term "Secretary" means the Secretary of Defense, acting through the Director of the Department of Defense Education Activity.
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SA 6055. 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:
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At the appropriate place in title XII, add the following:
SEC. 12__. REPORTS ON FOREIGN BOYCOTTS OF ISRAEL.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the head of the Office of Antiboycott Compliance of the Bureau of Industry and Security of the Department of Commerce shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on foreign boycotts described in section 1773(a) of the Anti-Boycott Act of 2018 (50 U.S.C. 4842(a)) targeted at the State of Israel that includes a description of--
(1) those foreign boycotts; and
(2) the steps taken by the Department of Commerce to enforce the provisions of the Anti-Boycott Act of 2018 (50 U.S.C. 4841 et seq.) with respect to those foreign boycotts.
(b) Termination.--The requirement to submit reports under subsection (a) shall terminate on the date that is 5 years after the date of the enactment of this Act.
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SA 6056. 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:
Text printed in the Record (979 characters)
At the end of subtitle B of title XII, insert the following:
SEC. 1218. STATEMENT OF POLICY ON REPEAL 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 repeal the sunset provision in the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
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SA 6057. 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:
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At the appropriate place in title X, insert the following:
SEC. 10__. 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, 2025" and inserting "December 31, 2027".
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SA 6058. 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:
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At the appropriate place in title XII, insert the following:
SEC. 12__. 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".
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SA 6059. 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:
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At the end of division A, add the following:
TITLE XVII--INFORMATION AND COMMUNICATIONS TECHNOLOGY AND SERVICES SUPPLY CHAINS
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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.--
"(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
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"SEC. 1785. DEFINITIONS.
"In this part:
"(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs 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.--The term `covered ICTS transaction' means any transaction described in section 1785A(b) or a class of such transactions.
"(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. PROHIBITION ON TRANSACTIONS THAT THREATEN
SECURITY OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY AND SERVICES SUPPLY CHAINS.
"(a) In General.--Except as otherwise specifically provided in this part, a transaction described in subsection (b) is prohibited.
"(b) Transactions Described.--A transaction described in this subsection is any acquisition, importation, 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--
"(1) 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
"(2)(A) 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;
"(B) 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
"(C) otherwise poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.
"(c) Exception for Information and Informational Materials.--The prohibition under subsection (a) shall not include a prohibition intended to prevent the importation from any country, or the exportation to any country, whether commercial or otherwise, of any expressive materials, including--
"(1) publications, films, posters, photographs, artworks, news wire feeds, digital streaming content, podcasts, social media posts, blogs, online news articles, and other electronically distributed media; and
"(2) items and transactions described in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)).
"(d) Exception for Open-source Software.--The prohibition under subsection (a) does not include a prohibition on transactions specifically intended to provide the public with access to open-source software.
"(e) Effect on Contracts and Permits.--The prohibition under subsection (a) applies notwithstanding any contract entered into or license or permit granted before the date of the enactment of this part.
"SEC. 1785B. AUTHORIZATION TO PRESCRIBE REGULATIONS WITH
RESPECT TO COVERED ICTS TRANSACTIONS AND
PERSONS AND JURISDICTIONS OF CONCERN.
"If Secretary determines that, for certain classes of covered ICTS transactions, the prohibition under subsection (a) of section 1785A may not effectively address the undue or unacceptable risks described in subsection (b)(2) of that section, the Secretary may--
"(1) prescribe regulations that--
"(A) identify particular covered ICTS transactions or persons or jurisdictions of concern that pose such a risk;
"(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 1785A(b)(2).
"SEC. 1785C. 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. 1785D. JUDICIAL REVIEW.
"(a) Exclusive Jurisdiction.--A claim or petition challenging this part or any final action or determination under this part may be filed only in the United States Court of Appeals for the District of Columbia Circuit. Notwithstanding the preceding sentence, the United States District Court for the District of Columbia Circuit shall have the jurisdiction and power to order and require compliance with any subpoena issued under this part.
"(b) 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.
"(c) 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.
"(d) 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.
"(e) Statute of Limitations.--A challenge to any final action or determination under this part may only be brought not later than 180 days after the date of such an action or determination.
"SEC. 1785E. 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. 1785F. 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.
"(b) Administrative Procedure Exceptions.--Except with respect to a civil penalty imposed pursuant to section 1785E(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.
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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. 1785G. 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 1785B), issuing guidance, establishing procedures, revoking or amending authorizations, and terminating or amending any determination.
"SEC. 1785H. 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. 1785I. TERMINATION.
"The prohibition under section 1785A(a) and 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".
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SA 6060. Mr. CASSIDY (for himself and Mr. Whitehouse) 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:
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At the appropriate place in title X, insert the following:
SEC. 10__. 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.
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SA 6061. 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:
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: At the appropriate place in title X, insert the following:
SEC. ___. NATIONAL SECURITY COMMISSION ON EMERGING SCIENCE
AND TECHNOLOGY.
(a) Establishment.--
(1) In general.--There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch of the Federal Government to be known as the "Congressional National Security Commission on Emerging Science and Technology" (in this section referred to as the "Commission").
(2) Date of establishment.--The date of the establishment referred to in paragraph (1) is the earlier of--
(A) 30 days after the date of the enactment of this Act; or
(B) the first day of the first Congress that commences after the date of the enactment of this Act.
(b) Membership.--
(1) Number and appointment.--The Commission shall be composed of 12 members appointed as follows:
(A) Three members appointed by the majority leader of the Senate, (after consultation with the Chairs of the Committee on Armed Services and the Select Committee on Intelligence of the Senate), one of whom will be a member of the Senate and the other two will not.
(B) Three members appointed by the minority leader of the Senate, (after consultation with the ranking members of the Committee on Armed Services and the Select Committee on Intelligence of the Senate), one of whom will be a member of the Senate and the other two will not.
(C) Three members appointed by the Speaker of the House of Representatives, (after consultation with the Chairs of the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives), one of whom will be a member of the House of Representatives and the other two will not.
(D) Three members appointed by the minority leader of the House of Representatives, (after consultation with the ranking members of the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives), one of whom will be a member of the House of Representatives and the other two will not.
(2) Qualifications.--The members of the Commission who are not members of Congress and who are appointed under paragraph (1) (1) shall be individuals from private civilian life who are eligible to receive the appropriate security clearance to effectively execute their duties and who are recognized experts and have relevant professional experience in matters relating to--
(A) emerging science and technology research and development;
(B) use of emerging science and technology by national policy makers and military leaders;
(C) the implementation, funding, or oversight of the national security policies of the United States;
(D) foreign affairs, the Armed Forces, or other relevant aspect of United States national security policy;
(E) investment in emerging science and technology;
(F) oversight and regulation of emerging science and technology products; or
(G) the impact of science and technology on United States economic competitiveness and national security.
(c) Chair and Vice Chair.--
(1) Chair.--The majority leader of the Senate and the Speaker of the House of Representatives shall jointly designate one member of the Commission to serve as Chair of the Commission.
(2) Vice chair.--The minority leader of the Senate and the minority leader of the House of Representatives shall jointly designate one member of the Commission to serve as Vice Chair of the Commission.
(3) Qualification.--The Chair of the Commission shall be a member of Congress who has been appointed to serve as a member of Commission, but the Vice Chair shall not be a Member of Congress.
(d) Period of Appointment.--Appointments under subsection (b) shall have terms of appointment that are staggered in the following manner such that, starting two years after the date on which the Commission is established, one-third of the seats on the Commission will be appointed to the following:
(1) The four members of the Senate and the House of Representatives appointed to serve on the Commission shall have a term of appointment that expires two years after the date on which the Commission is established. However, those seats may then be filled in the same manner as the original appointment, and thereafter the terms of all subsequent appointments shall last for four years from the date of the last expiration of that term.
(2) The second appointment shall have a term of appointment which shall expire three years after the date on which the Commission is established. However, those seats may then be filled in the same manner as the original appointment, and thereafter the terms of all subsequent appointments shall last for four years from the date of the previous expiration of that term.
(3) The third appointment shall have a term of appointment shall expire four years after the date on which the Commission is established. However, those seats may then be filled in the same manner as the original appointment, and thereafter the terms of all subsequent appointments shall last for four years from the date of the last expiration of that term.
(e) Purpose.--The purposes of the Commission are--
(1) to examine and make recommendations with respect to emerging science and technology as they pertain to current and future national security missions and activities of the United States; and
(2) to ensure the position of the United States as a leading source of scientific innovation.
(f) Scope and Duties.--
(1) In general.--The Commission shall carry out a review of advances in emerging science and technology. In carrying out such review, the Commission shall consider the methods, means, and investments necessary to advance and secure the development of emerging science and technology by the United States to comprehensively address the national security and defense needs of the United States.
(2) Scope of the review.--In conducting a review described in paragraph (1), the Commission shall consider the following:
(A) Associated ethical, legal, social, and environmental considerations related to emerging science and technology as they will be used for future applications related to national security and defense.
(B) Opportunities to strengthen and expand the domestic emerging technology sector.
(C) Necessary adaptations to national defense strategies to address capabilities, risks, and disruptions arising from emerging technologies.
(3) Additional matters for review.--The Commission may also consider at its discretion any matters that are referred to the Commission for examination by--
(A) either the Chair or Ranking Member of the Committee on Armed Services of the Senate;
(B) either the Chair or Vice Chair of the Select Committee on Intelligence of the Senate;
(C) either the majority leader or the minority leader of the Senate;
(D) either the Chair or Ranking Member of the Committee on Armed Services of the House of Representatives;
(E) either the Chair or Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives; and
(F) either the Speaker of the House of Representatives or the minority leader of the House of Representatives.
(g) Commission Reports and Recommendations.--
(1) Annual submittal.--Every year, not later than February 1, the Commission shall submit to Congress an annual report on the findings of the Commission and such recommendations that the Commission may have for legislative or administrative action.
(2) Intermittent submittal.--The Commission may submit to Congress findings and recommendations throughout the year, as the members of the Commission and Executive Director of the Commission consider appropriate.
(3) Statutory language.--Recommendations for legislative action submitted by the Commission under this subsection shall include proposed statutory language.
(4) Form.--Each annual report submitted under paragraph (1) and other papers submitted under this subsection shall be submitted in unclassified form, but may include classified annexes.
(h) Government Cooperation.--
(1) Cooperation.--In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense and other Federal departments and agencies in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.
(2) Liaison.--The Secretary of Defense shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission.
(3) Detailees.--The Secretary of Defense and the heads of other departments and agencies of the Federal Government may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense and such other departments and agencies, without reimbursement.
(4) Facilitation.--
(A) Independent, nongovernmental institute.--Not later than 45 days after the Commission establishment date specified in subsection (a)(2), the Secretary of Defense may make available to the Commission the services of an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission's discharge of its duties under this section.
(B) Federally funded research and development center.--On request of the Commission, the Secretary of Defense shall make available the services of federally funded research and development centers (FFRDCs) that are covered by sponsoring agreements of the Department of Defense in order to enhance the Commission's efforts to discharge its duties under this section. The Secretary of Defense shall, on a reimbursable basis, facilitate the Commission with entering into contracts with the federally funded research and development centers of the Commission's choice.
(5) Expedition of security clearances.--The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances under processes developed for the clearance of legislative branch employees for any personnel appointed to the Commission by their respective offices of the Senate and House of Representatives and any personnel appointed by the Executive Director appointed under subsection (i).
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Departments of the executive branch of the Federal Government that are responsible for processing security clearances shall ensure the expedited processing of appropriate security clearances for Commissioners and employees of the Commission.
(i) Personnel Matters.--
(1) Status as federal employees.--Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, any member of the Commission who is not a member of Congress shall be considered to be an employee of the legislative branch of the Federal Government.
(2) Executive director.--The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code.
(3) Pay.--The Executive Director may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code.
(4) Authority to procure personnel services.--The Commission may--
(A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and
(B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations.
(5) Maximum daily pay rates.--The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(6) Exemption.--Members of the Commission and employees of the Commission shall be exempt from the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
(7) Pay.--The pay of each employee of the Commission and any member of the Commission who receives pay in accordance with paragraph (1) shall be disbursed by the Secretary of the Senate.
(j) Ethics.--
(1) Authority to accept gifts.--The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this paragraph does not extend to gifts of money. Gifts accepted under this paragraph shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided.
(2) Compliance by members of congress.--Subject to the authority in this section, members of the Commission who are members of Congress shall continue to comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives.
(3) Reporting.--For purposes of title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), each member of the Commission who is not a member of Congress and each employee of the Commission shall be deemed to be an officer or employee of the Congress (as defined in section 109(13) of such title) and shall file any report required to be filed by such member or such employee (including by virtue of the application of subsection (g)(1)) under subchapter I of chapter 131 of title 5, United States Code (commonly referred to as the "Ethics in Government Act of 1978") with the Secretary of the Senate.
(k) Legislative Advisory Committee.--The Commission shall operate as a legislative advisory committee and shall be exempt from section 552 of title 5, United States Code (commonly referred to as the "Freedom of Information Act") and chapter 10 of title 5 (commonly known as the "Federal Advisory Committee Act"). The Commission may acquire information through whatever fora the Commissioners deem necessary to effectively execute their duties.
(l) Provision of Services.--The Senate Sergeant at Arms and the Secretary of the Senate shall provide to the Commission, on a reimbursable basis, such resources at it may need for its operation, to including provision of office space, contracting services, administrative support, and office supplies. The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available.
(m) Use of Government Information.--
(1) In general.--The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission.
(2) Classified information.--Such information to be provided by a department or agency of the Federal Government shall include any classified information the Commission considers necessary to carry out its duties, but which shall be provided in a manner consistent with the protection of intelligence sources and methods. The Executive Director of the Commission shall take care to protect classified information by limiting access only to those Commissioners and employees of the Commission who need access to such information.
(3) Access to resources.--The Commission will have explicit access to all resources
provided to congressional staff, including the Government Accountability Office, the Congressional Research Service, the Office of the Legislative Counsel, and the Congressional Budget Office.
(n) Postal Services.--The Commission may use the United States mail in the same manner and under the same conditions as Federal departments and agencies.
(o) Space for Use of Commission.--Not later than 30 days after the establishment date of the Commission, if the Senate Sergeant at Arms is unable to procure suitable office space for the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available.
(p) Removal of Members.--A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made.
(q) Records.--
(1) In general.--The Executive Director of the Commission--
(A) may request the records, to the extent they exist, from the Cyberspace Solarium Commission (CSC) and from the National Security Commission on Artificial Intelligence (NSCAI), from the National Archives or from any other entity that may hold the records of the Cyberspace Solarium Commission and National Security Commission on Artificial Intelligence; and
(B) shall have authority to determine what records of the Commission shall be submitted to the National Archives of the United States.
(2) Transfer of records from national security commission on emerging biotechnology.--The Executive Director of the National Security Commission on Emerging Biotechnology established by section 1091(a) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) may transfer all records of that Commission to the Congressional Commission on Emerging Science and Technology, under such terms and restrictions on access and use as the Executive Director of the National Security Commission on Emerging Biotechnology may prescribe
SEC. ___. DEFINITION OF NATIONAL SECURITY FOR PURPOSES OF
TITLE 10, UNITED STATES CODE.
Section 101(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
"(22) The term `national security' means the national defense and foreign relations of the United States and includes the security of the economy of the United States and the resilience of supply chains for economic activity in the United States.".
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SA 6062. 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:
Text printed in the Record (11,993 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. NEW MEXICO LAND GRANT-MERCEDES HISTORICAL OR
TRADITIONAL USE COOPERATION AND COORDINATION.
(a) Definitions.--In this section:
(1) Community user.--The term "community user" means an heir (as defined under the laws of the State) of a qualified land grant-merced.
(2) Federal land.--
(A) In general.--The term "Federal land" means any land under the jurisdiction of the Secretary concerned.
(B) Exclusions.--The term "Federal land" does not include--
(i) land within the boundary of an Indian reservation;
(ii) land held in trust or in restricted status by the United States for the benefit of--
(I) an Indian Tribe; or (II) an individual Indian; or
(iii) land held in fee by an Indian or Indian Tribe that is subject to restrictions on alienation by the United States.
(3) Governing body.--The term "governing body" means the board of trustees authorized under State law with the control, care, and management of a qualified land grant-merced.
(4) Historical or traditional use.--The term "historical or traditional use" means the following long-established and habitual uses conducted by a qualified land grant-merced on Federal land for noncommercial benefit and for the benefit of the qualified land grant-merced:
(A) The use of water in accordance with all applicable Federal and State laws (including regulations).
(B) Gathering herbs in small quantities.
(C) Gathering wood products in small quantities.
(D) Gathering flora or botanical products in small quantities.
(E) Grazing, to the extent that grazing has traditionally been carried out on Federal land, as determined by the Secretary concerned, in coordination with the New Mexico Land Grant Council.
(F) Subsistence hunting or fishing that is conducted in accordance with State law.
(G) Soil or rock gathering in small quantities.
(H) The use and maintenance of an existing monument or shrine.
(I) The use and maintenance of an existing cemetery by a qualified land grant-merced.
(J) Any other long-established and habitual use conducted by a qualified land grant-merced for noncommercial benefit that--
(i) has a sustainable use by the qualified land grant-merced, as determined by the Secretary concerned, in coordination with the New Mexico Land Grant Council;
(ii) supports the long-term integrity of the qualified land grant-merced, as determined by the Secretary concerned, in coordination with the New Mexico Land Grant Council; and
(iii) is agreed to in writing by the Secretary concerned and the New Mexico Land Grant Council.
(5) Indian tribe.--The term "Indian Tribe" means the governing body of any individually identified and federally recognized Indian or Alaska Native tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation included on the most recent list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
(6) Memorandum of understanding.--The term "memorandum of understanding" means a memorandum of understanding entered into or extended, renewed, or revised under subsection (b)(1)(A).
(7) Noncommercial benefit.--The term "noncommercial benefit" means a benefit from a use, the primary purpose of which is not the sale of a good or service.
(8) Qualified land grant-merced.--The term "qualified land grant-merced" means a community land grant issued under the laws or customs of the Government of Spain or Mexico that--
(A) is recognized under New Mexico Statutes Chapter 49, Articles 1 and 4 (or a successor statute); and
(B)(i) has a record of historical or traditional use on Federal land under the jurisdiction of the Secretary concerned; or
(ii) has a patented exterior boundary that is or was previously located on or adjacent to Federal land under the jurisdiction of the Secretary concerned.
(9) Secretary concerned.--The term "Secretary concerned" means the Secretary of Agriculture or the Secretary of the Interior, with respect to Federal land under the jurisdiction of the Secretary of Agriculture or the Secretary of the Interior, respectively.
(10) State.--The term "State" means the State of New Mexico.
(b) Memorandum of Understanding on Permit Requirements and Other Land Use Authorizations for Historical or Traditional Uses of Qualified Land Grant-mercedes; Reduction or Waiver of Certain Fees.--
(1) Memorandum of understanding.--
(A) In general.--The Secretary concerned, acting through the appropriate officials of the Department of Agriculture and the Department of the Interior in the State, in consultation with Indian Tribes, shall--
(i) not later than 2 years after the date of enactment of this Act, enter into an initial memorandum of understanding with the New Mexico Land Grant Council; and
(ii) subject to the requirements of this subsection, on the expiration of the initial memorandum of understanding entered into under clause (i) or any successor memorandum of understanding entered into under this clause--
(I) enter into a successor memorandum of understanding with the New Mexico Land Grant Council; or
(II) extend or renew, with any revisions determined to be appropriate by the Secretary concerned and the New Mexico Land Grant Council, the expired memorandum of understanding.
(B) Applicable requirements and authorizations.--(i) In general.--A memorandum of understanding shall--
(I) provide for enhanced cooperation and coordination between the Secretary concerned and qualified land grant-mercedes;
(II) provide for the Secretary concerned, acting through the appropriate officials of the Department of Agriculture and the Department of the Interior, to enter into subsidiary agreements with qualified land grant-mercedes for specific projects consistent with the memorandum of understanding; and
(III) be consistent with, and subject to--
(aa) applicable Federal laws (including regulations);
(bb) applicable land use plans; and
(cc) valid existing rights.
(ii) Permits and other land use authorizations.--A memorandum of understanding shall include--
(I) a description of the types of historical or traditional uses that--
(aa) a community user or a governing body of a qualified land grant-merced may conduct for noncommercial benefit on Federal land under the jurisdiction of the Secretary concerned; and
(bb) require a permit or other land use authorization from the Secretary concerned;
(II) a citation to, and description of, any administrative procedures for obtaining the permit or other land use authorization under subclause (I);
(III) a description of--
(aa) the types of fees, including cost recovery fees and land use fees, that may be associated with a permit or other land use authorization under subclause (I); and
(bb) if applicable, the process to request a reduction or waiver of the fees described in item (aa) under regulations promulgated by the Secretary concerned;
(IV) a description of the process for determining the permissible use of motorized and nonmotorized vehicles and equipment by a community user or the governing body of a qualified land grant-merced for noncommercial historical or traditional use on Federal land under the jurisdiction of the Secretary concerned;
(V) a description of the process for determining the permissible use of mechanized vehicles or equipment by a community user or governing body of a qualified land grant-merced for historical or traditional use on Federal land under the jurisdiction of the Secretary concerned;
(VI) a description of the process for determining the permissible use of nonnative material by a community user or the governing body of a qualified land grant-merced for any of the uses described in clauses (iii) and (iv) on Federal land under the jurisdiction of the Secretary concerned;
(VII) a description of any applicable restrictions and prohibitions on historical or traditional uses conducted by a qualified land grant-merced on Federal land under the jurisdiction of the Secretary concerned; and
(VIII) a description of the process, in accordance with applicable law, for consulting with 1 or more Indian Tribes that would be directly affected by a proposed historical or traditional use on Federal land by a qualified land grant-merced.
(iii) Routine maintenance and minor improvements.--A memorandum of understanding shall address authorization of routine maintenance and minor improvements of infrastructure used by a qualified land grant-merced in connection with a historical or traditional use on Federal land under the jurisdiction of the Secretary concerned, including--
(I) cleaning, repair, or replacement-in-kind of infrastructure;
(II) maintenance of a trail, road, cattle guard, culvert, or fence;
(III) maintenance of a monument or shrine;
(IV) maintenance of a community cemetery by a qualified land grant-merced;
(V) maintenance of a livestock well, water line, water storage container, or water tank; and
(VI) any other routine maintenance or minor improvement associated with historical or traditional uses identified by the New Mexico Land Grant Council during the development of the memorandum of understanding.
(iv) Major improvements.--A memorandum of understanding may describe the process for authorizing major improvements of infrastructure of a qualified land grant-merced in connection with a historical or traditional use on Federal land under the jurisdiction of the Secretary concerned, including--
(I) construction or expansion of a community water or wastewater system of a qualified land grant-merced;
(II) construction or major repair of a livestock well, water line, water storage container, or water tank of a qualified land grant-merced;
(III) major repair of a monument or shrine of a qualified land grant-merced;
(IV) installation of a cattle guard;
(V) construction of a trail, road, or fence;
(VI) construction or expansion of a community cemetery by a qualified land grant-merced; and
(VII) any other major improvement associated with historical or traditional uses, as determined by the Secretary concerned.
(v) Notice and comment.--A memorandum of understanding shall describe the policies and procedures for notice and comment on land management planning decisions and major Federal actions that could affect historical or traditional uses of Federal land by a qualified land grant-merced, and methods of providing the notice, including notice--
(I) online;
(II) in print; and
(III) by mail or email to the New Mexico Land Grant Council and Indian Tribes, including through a listserv that would include qualified land grant-mercedes, the New Mexico Land Grant Council, and Indian Tribes.
(C) Development, execution, and implementation of memorandum of understanding.--
(i) Role of the new mexico land grant council.--The New Mexico Land Grant Council may represent qualified land grant-mercedes in developing, executing, and implementing a memorandum of understanding.
(ii) Role of governing bodies of qualified land grant-mercedes.--The Secretary concerned may invite representatives of governing bodies of qualified land grant-mercedes to participate in meetings and provide input during the development of a memorandum of understanding.
(D) Limitation.--A memorandum of understanding--
(i) shall describe the process for a qualified land grant-merced to obtain authorizations for historical or traditional uses through existing authorities, subject to existing Federal laws (including regulations) and applicable permit and land use authorization requirements; but
(ii) shall not directly approve or authorize a historical or traditional use described in clause (i).
(2) Fees for qualified land grant-mercedes.--Where the Secretary concerned is authorized to reduce or waive land use fees or consider the fiscal capacity of the applicant in determining whether to reduce or waive a fee for a land use permit, the Secretary shall consider--
(A) the socioeconomic
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conditions of community users of a qualified land grant-merced; and
(B) the annual operating budget of the governing body of the qualified land grant-merced.
(c) Consideration and Inclusion of Provisions With Respect to Historical or Traditional Uses in Land Use Planning.--In developing, maintaining, and revising land use plans pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) and section 6 of the National Forest Management Act (16 U.S.C. 1604), as applicable, the Secretary concerned shall, in accordance with applicable law, and, as determined to be appropriate by the Secretary concerned, include a section in the applicable land use plan that considers and evaluates the impact of other uses in the land use plan on historical or traditional uses by qualified land grant-mercedes.
(d) Effect.--Nothing in this section--
(1) modifies, limits, expands, or otherwise affects any treaty-reserved right, or any other right of, or obligation to, any Indian Tribe, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law, that is recognized on or after the date of enactment of this Act by any other means;
(2) affects the authority of the State to regulate water use in accordance with all Federal and State laws (including regulations);
(3) affects the authority of the State to regulate the management of game and fish, in accordance with all Federal and State laws (including regulations);
(4) affects any valid existing rights, or valid permitted authorized uses of, Federal land; or
(5) creates any implicit or explicit right to any type of use of Federal land.
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SA 6063. 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:
Text printed in the Record (8,608 characters)
At the end of subtitle D of title VI, add the following:
SEC. 639. DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND:
PAYMENT OF RETIRED PAY FOR ALL MEMBERS OF THE
UNIFORMED SERVICES.
(a) In General.--Section 1463 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking "retired lists" and all that follows through "Space Force" and inserting "retired lists of the uniformed services";
(2) in paragraph (2), by striking "armed forces" and inserting "uniformed services"; and
(3) in paragraph (4)--
(A) by striking "Department of Defense and the Department of Homeland Security" and inserting "Departments of Defense, Homeland Security, Commerce, and Health and Human Services";
(B) by striking "armed forces" and inserting "uniformed services";
(C) by striking "and section" and inserting "section"; and
(D) by inserting ", subtitle C of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041 et seq.), and section 229 of the Social Security Act (42 U.S.C. 429)" after "Public Law 96-402".
(b) Conforming Amendments.--
(1) Fund purpose; definition.--Section 1461 of such title is amended--
(A) in subsection (a), by striking "the Department of Defense and the Coast Guard" and inserting "the uniformed services"; and
(B) in subsection (b)--
(i) in paragraph (2)--
(I) by striking "armed forces" and inserting "uniformed services"; and
(II) by striking "; and" and inserting a semicolon;
(ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following new paragraphs:
"(4) a program under subtitle C of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041 et seq.); and
"(5) a program under section 211 or 221 of the Public Health Service Act (42 U.S.C. 212, 213a).".
(2) Determination of contributions to the fund.--Section 1465 of such title is amended--
(A) in subsection (a), by adding at the end the following new paragraph:
"(3) Not later than January 1, 2027, the Board of Actuaries, in consultation with the Secretaries of the departments specified in section 1463(a)(4) of this title, shall determine the amount that is the value on the date of such determination of future benefits payable from the Fund that are attributable to service in the commissioned corps of the National Oceanic and Atmospheric Administration and of the Public Health Service performed before such date. That amount is the original National Oceanic and Atmospheric Administration and Public Health Service unfunded liability of the Fund. The Board shall determine the period of time over which the original National Oceanic and Atmospheric Administration and Public Health Service unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the Fund for the liquidation of the original National Oceanic and Atmospheric Administration and Public Health Service unfunded liability in accordance with such schedule shall be made as provided in section 1466(b) of this title.";
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A)--
(aa) by striking "Secretary of the department in which the Coast Guard is operating" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title"; and
(bb) by striking "Department of Defense and Coast Guard" and inserting "uniformed services";
(II) in subparagraph (A)(ii), by striking "Armed Forces" and inserting "uniformed services"; and
(III) in subparagraph (B)(ii), by striking "armed forces" and inserting "uniformed services";
(ii) in paragraph (2), by inserting ", the Department of Health and Human Services Retirement Pay account for Commissioned officers, and the Department of Commerce NOAA Corps Retirement Pay account for Commissioned officers" after "Coast Guard Retired Pay account"; and
(iii) in paragraph (3), by striking "Department of Defense and Coast Guard";
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking "Secretary of the department in which the Coast Guard is operating" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title";
(II) in subparagraph (A), by striking "Armed Forces" and inserting "uniformed services"; and
(III) in subparagraph (B), by striking "armed forces" and inserting "uniformed services"; and
(ii) in paragraphs (2) and (3), by striking "Secretary of the department in which the Coast Guard is operating" both places it appears and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title"; and
(D) in subsection (e), by striking "The Secretary of Defense and, with regard to the Coast Guard, the Secretary of the department in which the Coast Guard is operating shall" and inserting "The Secretary of a department specified in section 1463(a)(4) of this title shall, with regard to the respective department".
(3) Payments into the fund.--Section 1466 of such title is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking "Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast Guard" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title"; and
(II) by striking "the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating" and inserting "such Secretaries";
(ii) in paragraph (1)(B), by inserting ", the commissioned corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service" after "Coast Guard"; and
(iii) in paragraph (2)(B), by striking "armed forces" and inserting "uniformed services";
(B) in subsection (b)--
(i) in paragraph (1), by striking "armed forces under the jurisdiction of the Secretary of a military department" and inserting "uniformed services"; and
(ii) in paragraph (2), by striking "Coast Guard" and inserting "Coast Guard, commissioned corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service"; and
(C) in subsection (c)--
(i) in paragraph (1), by striking "Secretary of Defense" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title of this title";
(ii) in paragraph (2)(A), by striking "the Department of Defense and the Coast Guard" and inserting "each uniformed service"; and
(iii) in paragraph (3), by striking "Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title".
(4) Retired serviceman's family protection plan.--Subchapter I of chapter 73 of title 10, United States Code, is amended--
(A) in section 1444(a), by striking "armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service" and inserting "uniformed services";
(B) by striking "armed forces" each place it appears and inserting "uniformed services";
(C) by striking "an armed force" both places it appears and inserting "a uniformed service";
(D) by striking "armed force" each place it appears and inserting "uniformed service"; and
(E) in the headings to sections 1431 and 1432 by striking "armed forces" both places it appears and inserting "uniformed services".
(5) Survivor benefit plan.--Section 1449(a) of title 10, United States Code, is amended by striking "armed force" and inserting "uniformed service".
(6) National oceanic and atmospheric administration commissioned officer corps act of 2002.--Section 261(a) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (Public Law 107-372; 33 U.S.C. 3071) is amended--
(A) by redesignating paragraphs (21) through (27) as paragraphs (22) through (28), respectively; and
(B) by inserting, after paragraph (20), the following new paragraph (21):
"(21) Chapter 74, relating to the Department of Defense Military Retirement Fund.".
(7) Public health service act.--Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended--
(A) by redesignating paragraphs (6) through (21) as paragraphs (7) through (22), respectively; and
(B) by inserting, after paragraph (5), the following new paragraph (6):
"(6) Chapter 74, Department of Defense Military Retirement Fund.".
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SA 6064. 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:
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At the end of subtitle A of title XV, add the following:
SEC. 1510A. MODIFICATION OF SPECIAL AUTHORITY FOR PROVISION
OF SPACE LAUNCH SUPPORT SERVICES TO INCREASE
SPACE LAUNCH CAPACITY.
Section 2276a(b) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
"(C) Marginal-cost billing.--
"(i) In general.--In a covered circumstance, the Secretary of a military department shall apply marginal-cost billing as the exclusive method of cost recovery in lieu of the application of subparagraphs (A) and (B), and shall direct each installation to define and document the marginal costs attributable to the particular operation concerned.
"(ii) Limitation.--Marginal costs recoverable under this subparagraph--
"(I) shall be limited to the incremental costs actually incurred in providing coordination and integration services, including airspace coordination, safety integration, and deconfliction services; and
"(II) shall exclude any allocation of fixed overhead, capital investment, or costs that would be incurred absent the operations of the commercial entity concerned.
"(iii) Definitions.--In this subparagraph:
"(I) Adjacent.--The term `adjacent', with respect to an operation of a commercial entity relative to a military installation--
"(aa) means that--
"(AA) the launch or reentry operations of the commercial entity are conducted at a facility that is not located on the military installation but for which the military installation provides the airspace coordination, safety integration, or spectrum deconfliction services necessary for the safe conduct of such operation; and
"(BB) the dependency of such operation on the military installation is limited to such services; and
"(bb) does not mean proximity alone.
"(II) Covered circumstance.--The term `covered circumstance' means a circumstance in which--
"(aa) a commercial entity conducts an operation adjacent to a military installation;
"(bb) the demand on the military installation as a result of such operation is limited to coordination and integration services, including--
"(AA) airspace coordination;
"(BB) safety integration; and
"(CC) deconfliction; and
"(cc) such operation does not--
"(AA) displace or delay any military operation; or
"(BB) reasonably require material increases in infrastructure, personnel, or capital investment at the military installation.".
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SA 6065. 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:
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At the appropriate place in title X, insert the following:
SEC. 10___. FUNDING FOR PROCESSING RECA CLAIMS.
Notwithstanding any other provision of law, out of amounts made available by the Attorney General to the Religious Liberty Commission established by Executive Order 14291 (90 Fed. Reg. 19417), $11,000,000 shall be reallocated to the Civil Division of the Department of Justice for purposes of processing claims under the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).
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SA 6066. Mr. HICKENLOOPER (for himself, Ms. Cantwell, 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:
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At the end of division A, add the following:
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, 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
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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) Rescission of Unobligated Funds.--Unobligated balances of amounts appropriated or otherwise made available by subsection (c) as of September 30, 2030, shall be rescinded not later than December 31, 2030.
(e) 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.
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SA 6067. Mr. PETERS (for himself, Mr. Lankford, Mr. Kaine, Mr. Cotton, Mr. King, and Ms. Slotkin) 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:
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At the appropriate place in title X, insert the following:
SEC. 10___. MAPPING AMERICA'S PHARMACEUTICAL SUPPLY.
(a) Short Title.--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 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).
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SA 6068. Mr. KING submitted an amendment intended to be proposed to amendment SA 5890 submitted by Mr. Thune (for Mr. Curtis (for himself, Mr. Hickenlooper, Mr. Sheehy, and Mr. Padilla)) and intended to be proposed 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:
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At the end of the amendment, add the following:
SEC. 5506. FOREST INVENTORY AND ANALYSIS MODERNIZATION.
(a) In General.--Section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642(e)) is amended--
(1) in paragraph (1)--
(A) by striking "their resources" and inserting "the resources of those forests, including forest carbon,";
(B) by striking "In compliance" and inserting the following:
"(A) In general.--In compliance"; and
(C) by adding at the end the following:
"(B) Additional methods.--Under the program under this subsection, the Secretary shall carry out, as a data collection method--
"(i) a timber products output study; and
"(ii) a national woodland owner survey.";
(2) in paragraph (3)(C), by inserting "including with respect to available forest carbon data," after "2 decades,";
(3) in paragraph (4)--
(A) in the second sentence, by striking "The standards" and inserting the following:
"(B) Inclusions.--The standards described in subparagraph (A)";
(B) by striking "(4) National standards and definitions.--To ensure" and inserting the following:
"(4) National consistency.--
"(A) Standards and definitions.--To ensure"; and
(C) by adding at the end the following:
"(C) Terminology.--The Secretary shall include a clear description of the definition of `forest' used for purposes of reporting data from inventories and analyses of forests and the resources of forests under this subsection with--
"(i) any data or report provided under the program under this subsection;
"(ii) Renewable Resource Assessments prepared under section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)); and
"(iii) any data or report provided to an entity outside the United States."; and
(4) by adding at the end the following:
"(7) Accessibility.--The Secretary shall ensure that data collected under this subsection is--
"(A) presented in a manner that is easily accessible to the general public and technical experts, including through tools to deliver smaller area estimates; and
"(B) collected and made accessible using means that ensure the confidentiality, in accordance with section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276), of--
"(i) plot locations;
"(ii) nonaggregated data of woodland owners; and
"(iii) nonaggregated data from the timber products output survey carried out under paragraph (1)(B)(i).
"(8) Confidentiality of information.--All data collected through the national timber products output survey and the national woodland owners survey under paragraph (1)(B) shall be considered confidential in accordance with section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276).
"(9) Annual compilations.--Annually, the Secretary shall prepare and make publicly available a compilation of national forest inventory and analysis forest statistics, which shall be similar to the tables contained in the Renewable Resource Assessments prepared under section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)) and accompanied by relevant geospatial products.
"(10) Reports.--Each year, the Secretary shall publish as part of the forest inventory and analysis business report a detailed description of the progress of the Secretary in implementing the programmatic elements of the strategic plan described in paragraph (6), including--
"(A) the costs and priorities of the strategic plan; and
"(B) how the program under this subsection leverages new technology, improves and standardizes collection protocols, and increases workforce capacity.".
(b) Forest Inventory and Analysis Program Blue Ribbon Panel.--Section 3 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642) is amended by adding at the end the following:
"(f) Forest Inventory and Analysis Program Blue Ribbon Panel.--
"(1) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary, in consultation with the National Association of State Foresters, shall convene a blue ribbon panel (referred to in this subsection as the `Panel') to review the forest inventory and analysis program established under this section (referred to in this subsection as the `program').
"(2) Composition.--
"(A) Number.--The Panel shall be composed of not fewer than 10, and not more than 20, members.
"(B) Members.--Members of the Panel shall--
"(i) include recognized national leaders from across State and Federal agencies, universities, industry, and nongovernmental organizations; and
"(ii) have knowledge of and expertise in forest biometrics, inventory, and remote sensing technology.
"(3) Duties.--
"(A) Review.--The Panel shall conduct a review of the past progress, current priorities, and future needs of the program with respect to national monitoring of forest carbon, climate change, forest health, and sustainable wood products.
"(B) Considerations.--The review under subparagraph (A) shall include consideration of--
"(i) the modernization of the program--
"(I) broadly; and
"(II) specifically relating to the integration of advanced remote sensing technologies and methods such as small area estimation, remote sensing, spatial analysis techniques, and other new technologies;
"(ii) the possibility of more public-private-academic partnerships under the program to help meet the goals of the program and external needs, particularly relating to research priorities, operational implementation of current or ongoing science, and decision support;
"(iii) a plan to implement nationally consistent data collection protocols and procedures to improve the statistical precision of base program estimates;
"(iv) pathways to integrate and report on changes in forest carbon, including below-ground carbon;
"(v) a plan to improve transparency and clarity in reporting in accordance with subsection (e)(4)(C);
"(vi) a plan to expand current data collection, further integrate remote sensing technology, or both, to include procedures to improve the statistical precision of estimates at the sub-State level; and
"(vii) a plan to expand current data collection, further integrate remote sensing technology, or both, to include information on renewable biomass supplies and carbon stocks at the local, State, regional, and national levels, including by ownership type.
"(C) Report.--Not later than March 31, 2027, the Panel shall submit to the Secretary, the Secretary of the Interior, and Congress a report describing the review conducted under subparagraph (A).
"(4) Administrative matters.--
"(A) Chairperson and vice chairperson.--The Panel shall select a Chairperson and Vice Chairperson from among the nongovernmental members of the Panel.
"(B) Committees.--The Panel may establish 1 or more committees within the Panel as the Panel determines to be appropriate.
"(C) Compensation.--A member of the Panel shall serve without compensation.
"(D) Administrative support.--The Secretary shall provide such administrative support as is necessary for the Panel to carry out its duties.
"(E) Federal advisory committee act.--The Panel shall be exempt from chapter 10 of title 5, United States Code (commonly referred to as the `Federal Advisory Committee Act').".
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SA 6069. Mr. HAGERTY (for himself and Mr. Kim) 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:
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At the end of division A, add the following:
TITLE XVII--BLOCKING LARGE-SCALE ADVERSARIAL DISTILLATION EFFORTS ACT OF 2026
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SEC. 1701. SHORT TITLE.
This title may be cited as "Blocking Large-scale Adversarial Distillation Efforts Act of 2026" or "BLADE Act".
SEC. 1702. 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;
(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. 1703. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate.
(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 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 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. 1704.
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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, 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; and
(2) which, if any, persons of concern are 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 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, 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 head of each agency that is a member of the Operating Committee for Export Policy, shall submit to the appropriate congressional committees a report that 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, 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; and
(3) any material changes related to other matters specified in subsection (b).
(f) Industry Coordination.--The Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, 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, shall--
(A) maintain a list, to be known as the "AI Model Extraction Attackers List", that displays information about 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
(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.--In making the report required by paragraph (1) publicly available, the Secretary may not disclose confidential information provided by the owner of a closed-source artificial intelligence model without the express permission of the owner.
SEC. 1705. DETERRING MODEL EXTRACTION ATTACKS AND FRAUDULENT
ACCOUNT NETWORK PROVIDERS.
(a) Consideration of Addition to Entity List.--
(1) 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 paragraph (2) 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.
(2) Entities described.--An entity described in this paragraph is--
(A) an entity that is a person of concern identified, under subsection (a) or (e) of section 1704, as having conducted model extraction attacks or having facilitated such attacks via fraudulent account networks; or
(B) a subsidiary of such an entity (to be determined by ownership of 50 percent or more in the aggregate, directly or indirectly).
(b) Imposition of Sanctions.--
(1) 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 of concern identified under subsections (a) and (e) of section 1704 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) Exceptions.--
(A) Exception relating to the provision of humanitarian assistance.--Sanctions under paragraph (1) may not be imposed with respect to transactions or the facilitation of transactions for--
(i) the sale of agricultural commodities, food, medicine, or medical devices;
(ii) the provision of humanitarian assistance; or
(iii) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance.
(B) Exception for intelligence, law enforcement, and national security activities.--Sanctions under this subsection shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.
(3) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this subsection or any regulation, license, or order issued to carry out that subsection 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.
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SA 6070. Mr. CURTIS 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:
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At the end of title X, add the following:
Subtitle ___--Research Program and Demonstration Project
SEC. ___01. DEFINITIONS.
In this subtitle:
(1) Academy.--The term "Academy" means the National Academy of Public Administration.
(2) Agency; employee; demonstration project; research program.--The terms "agency", "employee", "demonstration project", and "research program" have the meanings given those terms in section 4701(a) of title 5, United States Code.
(3) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Government Reform of the House of Representatives.
(4) Career level.--The term "career level" means a cluster of positions within a job family that--
(A) reflects a distinct level of work within the job family, as indicated by--
(i) the duties of the positions in the cluster; and
(ii) the acquired skills, knowledge, and experience necessary for employees to fulfill the duties described in clause (i); and
(B) relative to other clusters of positions, is distinguished by characteristics such as the scope of responsibility, degree of independence, and nature of contribution expected of employees occupying positions within the cluster.
(5) Comptroller general.--The term "Comptroller General" means the Comptroller General of the United States.
(6) Covered demonstration project.--The term "covered demonstration project" means the demonstration project described in section ___2(a), the structure and implementation with respect to which are established under section ___2(d).
(7) Director.--The term "Director" means the Director of the Office of Personnel Management.
(8) Federal salary council.--The term "Federal Salary Council" means the Federal Salary Council established under section 5304(e) of title 5, United States Code.
(9) Job family.--The term "job family" means a grouping of occupations in which--
(A) the occupations are commonly understood to be similar in the relevant industry, to the extent practicable; and
(B) the grouping consists of a broad pool of comparable jobs that may not be interchangeable but that share similar tasks, competencies, and knowledge bases.
(10) Pay compression.--The term "pay compression" means a situation in which there is no, or a small, relative difference in compensation between workers despite substantial differences in the experience, tenure, or abilities of those workers or the market rate for the labor of those workers.
(11) Pay disparity.--The term "pay disparity" means the extent to which rates of pay for work under a Federal pay system are generally lower than the rates of pay for similar and commensurate non-Federal work in the same labor market, including with respect to career level, geographic area, and job family characteristics.
SEC. ___02. RESEARCH PROGRAM AND DEMONSTRATION PROJECT TO
MODERNIZE FEDERAL EMPLOYEE COMPENSATION.
(a) In General.--Subject to subsection (e), the Director shall use the authorities under chapter 47 of title 5, United States Code, to carry out a research program and a demonstration project to study and test modernized methods of classifying positions and compensating employees, each of which shall be designed, implemented, and evaluated in a manner that advances the goals described in subsection (b).
(b) Goals of the Research Program and Demonstration Project.--The goals described in this subsection are to improve the ability of the Federal Government to--
(1) recruit and retain individuals who have the knowledge, skills, and abilities to--
(A) faithfully execute statutes;
(B) efficiently achieve Government priorities; and
(C) effectively deliver services to the public;
(2) compete in every relevant labor market in the United States for talent, including by reducing pay disparities;
(3) take advantage of leading compensation management practices to calibrate Federal compensation offerings to the labor markets in which agencies operate, which--
(A) shall include the use of cost-of-labor indicators provided by the Bureau of Labor Statistics; and
(B) may include the use of cost-of-living indicators provided by the Bureau of Labor Statistics;
(4) effectively navigate personnel classification and compensation systems that are--
(A) coherent across agencies and job families; and
(B) adaptable to changing labor markets and evolving human resources best practices;
(5) ensure similar and consistent compensation for similar and commensurate work that occurs across the Federal Government, the private sector, and the non-Federal public sector;
(6) ensure that processes for setting compensation under a Federal pay system factor in labor market variation, including with respect to geographic area and job family characteristics; and
(7) alleviate pay compression within Federal pay systems.
(c) Contract to Produce Reports; Research Program.--
(1) In general.--Not later than 30 days after the date of enactment of this Act, the Director shall enter into a contract with the Academy under which the Academy shall submit the initial report described in paragraph (4) and the subsequent report described in section ___3(c).
(2) Consultation.--While developing each report described in paragraph (1), the Academy shall consult with the Director and the Federal Salary Council.
(3) Data access.--The Director, the Director of the Office of Management and Budget, and the Secretary of Labor shall grant the Academy access to all reasonable data needed for the Academy to produce the reports described in paragraph (1).
(4) Initial report.--
(A) Draft version.--Not later than 335 days after the date on which the Director enters into a contract with the Academy under paragraph (1), the Academy shall submit to the Director, the appropriate committees of Congress, and the Comptroller General a draft version of the report required under this paragraph, which shall--
(i) review modern methodologies and leading human resources practices for classifying positions and establishing compensation for employees based on a principle of labor market comparability between positions in the Federal Government and positions outside of the Federal Government;
(ii) assess the tradeoffs associated with the various methodologies and practices reviewed under clause (i), including potential tradeoffs if applied to classifying Federal positions and establishing compensation for employees so as to be comparable with non-Federal employment;
(iii) include a comprehensive list of relevant indices or other measurable labor market factors and data to inform strategies for classifying Federal positions and establishing compensation for employees;
(iv) in accordance with the requirements of paragraph (5), recommend the design of the covered demonstration project, and an ongoing research program (which shall begin with the report required under this paragraph and continue with efforts by the Director to continue to analyze the matters to which that report applies), in support of the goals described in subsection (b); and
(v) describe how the recommendations under clause (iv) will use labor market measures and advance the goals described in subsection (b).
(B) Final version.--Not later than 30 days after the date on which the Academy submits the draft report under subparagraph (A), the Academy shall submit to the appropriate committees of Congress, the Director, and the Comptroller General, and shall make publicly available on the website of the Academy, the final version of the report required under this paragraph, which shall contain an analysis of all of the matters described in subparagraph (A).
(5) Requirements of demonstration project recommendations.--The Academy, to develop the recommendations described in paragraph (4)(A)(iv), shall assess and discuss within each version of the report required under paragraph (4)--
(A) whether the covered demonstration project should involve a job classification scheme that--
(i) organizes occupations into job families;
(ii) determines the appropriate number and types of career levels within each job family;
(iii) establishes pay tables specific to each job family that factor in relevant labor market measures, such as cost-of-labor or cost-of-living indices; and
(iv) considers variations of labor market measures across geographic areas and different categories of occupations;
(B) the appropriate sites, agencies, occupations, and positions for the covered demonstration project in order to--
(i) prioritize States, regional markets, or geographic areas in which--
(I) pay disparities are compounded by rapid growth in private sector compensation; and
(II) there have been demonstrated sustained difficulties in recruiting or retaining employees in defense or technical positions despite the use of existing compensation flexibilities; and
(ii) ensure that all agencies, occupations, and positions within a given geographic area are included in the site for the covered demonstration project;
(C) whether any sites in addition to the sites described in subparagraph (B) should be incorporated into the covered demonstration project in order to--
(i) make the covered demonstration project more representative of the Federal workforce as a whole; or
(ii) better inform future expansion of the methods featured in the covered demonstration project; and
(D) whether the covered demonstration project would significantly benefit from an adjustment to the limitation under section 4703(d)(1)(A) of title 5, United States Code, in order to obtain meaningful results from the covered demonstration project, including--
(i) the minimum level of such an adjustment; and
(ii) the ideal level of such an adjustment.
(6) Additional research.--As part of the research program described in subsection (a), the Director may conduct such additional research as the Director determines necessary to carry out the responsibilities of the Director under section ___3(b).
(d) Structure and Implementation of Demonstration Project.--
(1) In general.--Not later than 180 days after the date on which the Academy submits the report required under subsection (c)(4)(B), the Director shall, subject to paragraph (2), and in consultation with the Academy and the Federal Salary Council--
(A) develop a proposed project plan for the covered demonstration project, which shall be consistent with the requirements under section 4703(b)(1) of title 5, United States Code;
(B) with respect to the proposed project plan developed under subparagraph (A)--
(i) publish that proposed project plan in the Federal Register, as required under section 4703(b)(2) of title 5, United States Code; and
(ii) submit to the Comptroller General the proposed project plan, along with any additional materials requested by the Comptroller General, so that the Comptroller General may conduct the assessment required under paragraph (3); and
(C) provide the notifications required under section 4703(b)(4) of title 5, United States Code.
(2) Plan design.--The proposed project plan developed under paragraph (1) shall--
(A) align with--
(i) the recommendations for the design of the covered demonstration project provided by the Academy in the report submitted under subsection (c)(4)(B); and
(ii) the goals described in subsection (b); and
(B) include a description of how the proposed project plan aligns with the recommendations and goals described in subparagraph (A).
(3) Review and assessment.--Not later than 90 days after the date on which the Director submits the proposed project plan developed under paragraph (1) to the Comptroller General, as required under subparagraph (B)(ii) of that paragraph, the Comptroller General shall--
(A) assess the extent to which the proposed project plan--
(i) aligns with recommendations in the report submitted by the Academy under subsection (c)(4)(B);
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and
(ii) follows the principles of effective pilot project design; and
(B) submit to the appropriate committees of Congress a report, and brief the appropriate committees of Congress, regarding the assessment conducted under subparagraph (A).
(4) Finalization and implementation.--Not later than 270 days after the date on which the Director submits the proposed project plan developed under paragraph (1) to the Comptroller General, as required under subparagraph (B)(ii) of that paragraph, the Director shall--
(A) finalize the project plan for the covered demonstration project, including by completing all requirements for a demonstration project, as established under section 4703 of title 5, United States Code, and part 470 of title 5, Code of Federal Regulations, or any successor regulations; and
(B) begin carrying out the covered demonstration project.
(e) Authorities and Limitations.--
(1) Limitation on scope of demonstration project.--Notwithstanding section 4703(a) of title 5, United States Code, the Director, in carrying out the covered demonstration project, may only take an action for which authority is lacking under that title, or that is inconsistent with a provision of that title (or a regulation prescribed under that title), if--
(A) that action--
(i) is directly related to the methods of classifying positions and compensating employees; or
(ii)(I) relates to--
(aa) the methods of providing incentives to employees, including the provision of a group of individual incentive bonuses or pay;
(bb) the methods of establishing qualification requirements for a position; or
(cc) the hours of work per day or per week; and
(II) will significantly affect the ability of the Director to assess a method of classifying positions and compensating employees; and
(B) the Director briefs the appropriate committees of Congress regarding, and makes public, the reasons why that action is necessary to carry out the covered demonstration project.
(2) Adjustment to size of demonstration project.--The Director may adjust the number of individuals described in section 4703(d)(1)(A) of title 5, United States Code, with respect to the covered demonstration project, if the report submitted under subsection (c)(4)(B) specifically recommends such an adjustment.
(3) Exclusion from limitation on number of demonstration projects.--The covered demonstration project shall be excluded from the total number of allowed demonstration projects under section 4703(d)(2) of title 5, United States Code.
(4) Termination.--
(A) In general.--Notwithstanding section 4703(d)(1)(B) of title 5, United States Code, the covered demonstration project shall terminate on a date--
(i) that is not earlier than 5 years after the date on which the Director begins implementing the plan for the covered demonstration project under subsection (d)(3)(C); and
(ii) that the Director determines is appropriate in order to validate the results of the covered demonstration project.
(B) Notification of date.--With respect to the termination date determined appropriate by the Director under subparagraph (A), the Director shall--
(i) brief the appropriate committees of Congress regarding that date; and
(ii) release to the public the reasons for making that determination.
(5) Prohibition of compensation decreases during conversion into and out of the demonstration project.--
(A) In general.--The covered demonstration project may not result in a decrease of the rate of pay for any employee involved in the covered demonstration project compared to what the rate of pay for the employee would be if the employee continued to be classified and compensated under the applicable pay and classification system in place at the time of transition to the covered demonstration project.
(B) Termination of demonstration project.--Upon the termination of the covered demonstration project, the rate of pay for an employee may not be reduced as a result of conversion of the position of the employee to a prior pay and classification system.
(6) Labor organization consent requirement.--Employees within a unit with respect to which an agency had, as of March 26, 2025, granted exclusive recognition to a labor organization under chapter 71 of title 5, United States Code, shall not be included within the covered demonstration project unless the head of that agency and that labor organization enter into a written agreement allowing for the inclusion of those employees.
(f) Authorization of Appropriations.--There is authorized to be appropriated $3,000,000 to the Director to carry out this section, which shall remain available until expended.
SEC. ___03. ONGOING RESEARCH, OVERSIGHT, AND REPORTING
REQUIREMENTS.
(a) Government Accountability Office.--
(1) Ongoing briefings on research program and demonstration project.--Not later than 180 days after the date on which the Director begins implementing the covered demonstration project, and on at least a biannual basis thereafter until the termination of the covered demonstration project, the Comptroller General shall--
(A) provide a briefing to the appropriate committees of Congress on the status of assessments of, and findings related to, the design of the research program described in section ___2(a) and the covered demonstration project; and
(B) include within each briefing described in subparagraph (A) each committee of the Senate and the House of Representatives with jurisdiction over an agency directly involved in the demonstration project.
(2) Reports on the demonstration project.--
(A) In general.--During the fourth year of the covered demonstration project, and every 2 years thereafter until the termination of the covered demonstration project, the Comptroller General shall submit to Congress a report on findings related to the effectiveness of the covered demonstration project in achieving the goals described in section ___2(b), the methodologies used in the evaluation by the Director of the covered demonstration project, and the applicability of those findings to additional States, geographic areas, and job families.
(B) Updates.--Not earlier than 1 year, and not later than 180 days, before the termination of the covered demonstration project, the Comptroller General shall submit to Congress any updates to findings reported by the Comptroller General under subparagraph (A).
(b) Office of Personnel Management.--
(1) Ongoing briefings.--Not later than 60 days after the date on which the Director enters into the contract required under section ___2(c)(1), and on at least a biannual basis thereafter until the termination of the covered demonstration project, the Director shall--
(A) provide a briefing to the appropriate committees of Congress on the status of the development and design of the research program described in section ___2(a) and the covered demonstration project; and
(B) include within each briefing described in subparagraph (A) each committee of the Senate and the House of Representatives with jurisdiction over an agency directly involved in the covered demonstration project.
(2) Report on research program and demonstration project.--As part of the evaluation requirements associated with the use of the authority under chapter 47 of title 5, United States Code, the Director shall, not later than 4 years after the date on which the Director begins carrying out the covered demonstration project, submit to the appropriate committees of Congress a report, which shall be made publicly available, that includes analyses and recommendations regarding--
(A) aspects of the covered demonstration project that--
(i) advanced the goals described in section ___2(b), with evidence toward that determination; and
(ii) deviated from or failed to advance the goals described in section ___2(b), with evidence toward that determination;
(B) whether the covered demonstration project should be extended for additional years and reasons why;
(C) what aspects of the covered demonstration project, if any, should be expanded to other States, geographic areas, or agency positions, including to what extent and on what timeline;
(D) what changes to law, regulation, or agency practice would be necessary to expand successful aspects of the covered demonstration project to additional States, geographic areas, or agency positions; and
(E) what steps the Director is taking or requesting to ensure that the Office of Personnel Management has the necessary capacity to expand successful aspects of the covered demonstration project to additional States, geographic areas, or agency positions.
(c) Additional Academy Report.--
(1) In general.--During the third year of the covered demonstration project, the Academy shall submit to the appropriate committees of Congress, the Director, and the Comptroller General, and shall make publicly available on the website of the Academy, a report demonstrating how the methods featured in the covered demonstration project could be applied across executive branch positions.
(2) Elements of the report.--The report required under paragraph (1) shall--
(A) include analyses and recommendations demonstrating how the featured approach in the covered demonstration project, if applied toward Government-wide job classification and compensation reform, would--
(i) be consistent with or deviate from the goals described in section ___2(b);
(ii) account for geographic variations in labor market characteristics across the United States;
(iii) address pay compression issues;
(iv) require ongoing monitoring of economic indicators across various labor markets;
(v) require additional Office of Personnel Management capacity; and
(vi) consider how to expand the reforms in a way that--
(I) minimizes disruptions to agency capacity and efficiency; and
(II) prevents negative impacts to employees;
(B) identify--
(i) the changes to law, regulation, or agency practices that are necessary to utilize the
methods with demonstrated success toward achieving the goals described in section ___2(b); or
(ii) any further research programs or demonstration projects that would be necessary before identifying the changes described in clause (i); and
(C) recommend a transition process for implementing any changes to law, regulation, or agency practices identified under subparagraph (C) to prevent unintended--
(i) disruptions to agency capacity or efficiency; and
(ii) disincentives toward Federal employment.
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SA 6071. Mr. CURTIS 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:
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At the end of subtitle D of title XXVIII add the following:
SEC. 2873. ELECTRICAL GRID RESILIENCE PILOT PROGRAM ON NAVY
INSTALLATIONS.
(a) In General.--Beginning not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall commission a pilot program, to be commenced no later than 180 days after such enactment, to install composite utility poles on at any location identified by the Secretary under subsection (b)(1).
(b) Identification of Navy Installations.--
(1) In general.--To carry out the pilot program required under subsection (a), the Secretary shall select locations on Navy installations for the installation of modular composite utility poles.
(2) Considerations.--In making the selections under paragraph (1), the Secretary--
(A) shall chose locations that have experienced utility pole failures and electrical outages due to--
(i) excessive ice loading;
(ii) wind over 120 miles per hour; or
(iii) wildfires; and
(B) may consider, at the Secretary discretion, additional factors in electrical equipment failure, including--
(i) environmental moisture, such as from swamps and wetlands; and
(ii) wildlife interference and corruption.
(c) Installation of Modular Composite Utility Poles.--The Secretary shall replace existing wood poles with modular composite utility poles at each location selected by the Secretary under subsection (b)(1) and evaluate the performance of such composite poles.
(d) Report.--One year after the date of the installation of the composite poles under subsection (c), the Secretary shall submit to the congressional defense committees a report evaluating the performance of the composite poles.
(e) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 to the Secretary to carrying out the pilot program required under subsection (a).
(f) Termination.--The authority to carry out the pilot program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act.
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SA 6072. 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:
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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; and
"(ii) 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.
"(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; or
"(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.
"(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.".
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SA 6073. Mr. WARNER 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:
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At the end of subtitle D of title VI, add the following:
SEC. 639. TREATMENT OF SERVICE IN UNIFORMED SERVICES FOR
PURPOSES OF FAMILY AND MEDICAL LEAVE.
(a) In General.--Section 6381(1)(B)(ii) of title 5, United States Code, is amended by striking "the Army" and all that follows and inserting "any of the uniformed services (as defined in section 101 of title 10);".
(b) Inclusion of Military Service in Determining Eligibility of Other Federal Employees.--Section 1114(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31; 29 U.S.C. 2611 note) is amended--
(1) in paragraph (1)--
(A) by striking "the Army" and all that follows through "United States" and inserting "any of the uniformed services (as defined in section 101 of title 10, United States Code)"; and
(B) by striking "section 101(1)(A)" each place it appears and inserting "section 101(2)(A)"; and
(2) in paragraph (2)--
(A) by striking subparagraph (B);
(B) by striking "term" and all that follows through "includes" and inserting the following: "term `covered employee' includes";
(C) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the left; and
(D) in subparagraph (D), as so redesignated, by striking "; and" and inserting a period.
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SA 6074. Ms. KLOBUCHAR (for herself, Mr. Tillis, Mr. Kaine, Mr. Tuberville, Ms. Smith, Mrs. Hyde-Smith, Mr. Warner, Mr. Warnock, Ms. Duckworth, Mr. Durbin, and Mrs. Blackburn) 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:
Text printed in the Record (11,602 characters)
At the end of title X, add the following:
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the "Management of Federal Eastern Lands Act of 2026".
SEC. 1094A. CHESTER COUNTY REVERSIONARY AND MINERAL INTERESTS
RELEASE.
(a) Findings.--Congress finds that--
(1) within the parcel of State forest land located in Henderson, Chester County, Tennessee, a recent survey by the State determined that Bethel Baptist Church is encroaching on State-owned land in Chickasaw State Forest by approximately 19 inches;
(2) the parcel described in paragraph (1) was conveyed to the State by the Department of Agriculture, which retained a reversionary interest in the land; and
(3) it is necessary to release the interests of the United States in and to that land to resolve the encroachment issue described in paragraph (1).
(b) Definitions.--In this section:
(1) Secretary.--The term "Secretary" means the Secretary of Agriculture.
(2) State.--The term "State" means the State of Tennessee.
(3) State forest land.--The term "State forest land" means the approximately 0.62-acre parcel of land in Chickasaw State Forest that is identified as "State Forest Land" on the map prepared by the Forest Service entitled "State Forest Land Detail Map" and dated December 13, 2019.
(c) Release of Reversionary Interest.--
(1) Release.--
(A) In general.--The Secretary shall release, without consideration, the reversionary interest described in paragraph (2).
(B) Requirements.--Notwithstanding any requirement for a grant of land under section 32(c) of The Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) or any other provision of law, the release under subparagraph (A) shall occur without any appraisal, other report, or environmental or similar review being undertaken.
(2) Description of reversionary interest.--The reversionary interest referred to in paragraph (1)(A) is the reversionary interest of the United States in and to the State forest land that--
(A) takes effect if the State forest land ceases to be used for public purposes; and
(B) was created by the deed--
(i) granting from the United States to the State the State forest land;
(ii) dated August 12, 1955; and
(iii) registered on pages 588 through 591 of book 48 of the record of deeds for Chester County, Tennessee.
(3) Payment of costs.--As a condition of the release under paragraph (1), the State shall pay to the United States any administrative costs incurred by the United States in carrying out the release.
(d) Conveyance of Mineral Rights.--
(1) In general.--Notwithstanding any requirement for the conveyance of Federal mineral interests under section 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719), part 2720 of title 43, Code of Federal Regulations (or successor regulations), or any other provision of law, the Secretary shall convey to the State, by quitclaim deed, without warranty, and without consideration, the mineral interest in the State forest land owned by the United States.
(2) Requirements.--Notwithstanding any other provision of law, the conveyance under paragraph (1) shall occur--
(A) without any exploratory program as to the character of the mineral deposits in the land;
(B) without any findings as to known mineral values and mineral development of the land; and
(C) without any appraisal, other report, or environmental or similar review being undertaken by the Secretary.
(3) Payment of costs.--As a condition of the conveyance under paragraph (1), the State shall pay to the United States any administrative costs incurred by the United States in carrying out the conveyance.
SEC. 1094B. VIRGINIA WILDERNESS ADDITIONS.
(a) Rough Mountain Addition.--Section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) is amended by adding at the end the following:
"(21) Rough mountain addition.--Certain land in the George Washington National Forest comprising approximately 1,000 acres, as generally depicted as the `Rough Mountain Addition' on the map entitled `GEORGE WASHINGTON NATIONAL FOREST--South half--Alternative I--Selected Alternative Management Prescriptions--Land and Resources Management Plan Final Environmental Impact Statement' and dated March 4, 2014, which is incorporated in the Rough Mountain Wilderness Area designated by paragraph (1).".
(b) Rich Hole Addition.--
(1) Potential wilderness designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the George Washington National Forest comprising approximately 4,600 acres, as generally depicted as the "Rich Hole Addition" on the map entitled "GEORGE WASHINGTON NATIONAL FOREST--South half--Alternative I--Selected Alternative Management Prescriptions--Land and Resources Management Plan Final Environmental Impact Statement" and dated March 4, 2014, is designated as a potential wilderness area for incorporation in the Rich Hole Wilderness Area designated by section 1(2) of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 584).
(2) Wilderness designation.--The potential wilderness area designated by paragraph (1) shall be designated as wilderness and incorporated in the Rich Hole Wilderness Area designated by section 1(2) of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 584) on the earlier of--
(A) the date on which the Secretary of Agriculture (referred to in this section as the "Secretary") publishes in the Federal Register notice that the activities permitted under paragraph (4) have been completed; or
(B) the date that is 5 years after the date of enactment of this Act.
(3) Management.--Except as provided in paragraph (4), the Secretary shall manage the potential wilderness area designated by paragraph (1) in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(4) Water quality improvement activities.--
(A) In general.--To enhance natural ecosystems within the potential wilderness area designated by paragraph (1) by implementing certain activities to improve water quality and aquatic passage, as set forth in the Forest Service document entitled "Decision Notice for the Lower Cowpasture Restoration and Management Project" and dated December 2015, the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until the date on which the potential wilderness area is incorporated into the Rich Hole Wilderness Area under paragraph (2).
(B) Requirement.--In carrying out subparagraph (A), the Secretary, to the maximum extent practicable, shall use the minimum tool or administrative practice necessary to carry out that subparagraph with the least amount of adverse impact on wilderness character and resources.
SEC. 1094C. CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LAND
LOCATED IN FRANKLIN COUNTY, MISSISSIPPI.
(a) Definitions.--In this section:
(1) Alliance.--The term "Alliance" means the Scenic Rivers Development Alliance, an instrumentality of the State of Mississippi.
(2) Secretary.--The term "Secretary" means the Secretary of Agriculture.
(b) Conveyance.--Subject to the requirements of this section, not later than 180 days after the completion of the appraisal under subsection (d)(2) and the written agreement under subsection (e)(2), the Secretary shall convey by quitclaim deed to the Alliance all right, title, and interest of the United States in and to the surface estate of the National Forest System land generally described in subsection (c).
(c) Land to Be Conveyed.--
(1) In general.--The National Forest System land referred to in subsection (b) is--
(A) the approximately 137.7 acres of real property located in secs. 5 and 6, T. 5 N., R. 4 E., and sec. 31, T. 6 N., R. 4 E., Franklin County, Mississippi, as depicted on the map prepared for the Alliance by Marling Surveying, LLC, entitled "Map of Survey of a 137.70 Acre Tract, a Portion of U.S. Department of Agriculture Forest Service Homochitto National Forest Tracts H-41g & H-307", and dated September 16, 2024; and
(B) the approximately 173 acres of real property located in secs. 5, 6, 7, and 8, T. 5 N., R. 4 E., Franklin County, Mississippi, as depicted on the map prepared for the Alliance by Marling Surveying, LLC, entitled "Map of Survey of a +/-173 Acre Tract, a Portion of U.S. Department of Agriculture Forest Service Homochitto National Forest Tracts H-1, H-3b, H-41g & H-307", and dated September 16, 2024.
(2) Survey.--The exact acreage and legal description of the National Forest System land to be conveyed under this section shall be determined by a survey satisfactory to the Secretary.
(d) Consideration.--The consideration for the conveyance of any National Forest System land under this section shall be--
(1) provided in the form of cash; and
(2) in an amount equal to the fair market value of the National Forest System land being conveyed, as determined by an appraisal conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and approved by the Secretary.
(e) Terms and Conditions.--The conveyance under this section shall be subject to--
(1) valid existing rights;
(2) a written agreement entered into between the Secretary and the Alliance, under which the Alliance--
(A) agrees to cover the costs of upkeep and maintenance of the Okhissa Lake Dam, including the dam, spillway, and related water control facilities; and
(B) assumes responsibility and liability for compliance with all Federal and State dam safety laws and regulations;
(3) the reservations in the United States of easements for public roads and trails, including--
(A) a perpetual, nonexclusive road right-of-way 30 feet in width for ingress and egress over all portions of Forest Service Road 149A within any of the conveyed land; and
(B) such road and trail rights-of-way as the Secretary may determine to be necessary or desirable to retain public and administrative access to Okhissa Lake and appurtenant National Forest System land;
(4) the reservation in the United States of all mineral rights, oil and gas rights, and all other subsurface rights in the conveyed land;
(5) a right of re-entry reserving to the Secretary the right to retake possession and
title to the conveyed land in the event the land is subsequently conveyed to a nonpublic entity or used for purposes other than public recreation and fish and wildlife habitat, subject to the condition that, in the event the Secretary exercises such a right of re-entry, the Alliance shall remain liable for the abatement and clean-up of hazardous substances, oil, and any other contaminants;
(6) a restrictive covenant against the subdivision of the conveyed land into residential lots; and
(7) such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.
(f) Proceeds From Sale.--
(1) In general.--The Secretary shall deposit the proceeds of the conveyance of any National Forest System land under this section in the fund established under Public Law 90-171 (commonly known as the "Sisk Act") (16 U.S.C. 484a).
(2) Use of funds.--Amounts deposited under paragraph (1) shall remain available until expended, without further appropriation, for the acquisition of land and interests in land for the National Forest System.
(g) Costs.--As a condition for the conveyance under this section, the Secretary shall require the Alliance to pay at closing any reasonable appraisal, survey, and closing costs.
(h) Environmental Laws.--The Secretary shall not be required to comply with National Environmental Policy Act of 1969 (42 U.S.C.
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4321 et seq.) or any other applicable environmental law in carrying out the conveyance under this section.
(i) Hazardous Materials.--For purposes of the conveyance under this section, the Secretary--
(1) shall meet disclosure requirements for hazardous substances, pollutants, or contaminants under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)); and
(2) shall not otherwise be required to remediate or abate those hazardous substances, pollutants, or contaminants.
SEC. 1094D. LAKE WINNIBIGOSHISH LAND EXCHANGE.
(a) Definitions.--In this section:
(1) BWLT.--The term "BWLT" means Big Winnie Land and Timber, LLC, a Minnesota Limited Liability Corporation.
(2) Map.--The term "Map" means the map entitled "Heig Land Exchange" and dated December 14, 2023.
(3) Federal land.--The term "Federal land" means the approximately 17.5 acres of Federal land in Itasca County, Minnesota, generally depicted as the "Federal Parcel" on the Map.
(4) Non-federal land.--The term "non-Federal land" means the approximately 36.7 acres of non-Federal land in Itasca County, Minnesota, generally depicted as the "Non-Federal Parcel" on the Map.
(5) Secretary.--The term "Secretary" means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(b) Exchange Authorized.--Subject to the provisions of this section, if BWLT offers to convey the non-Federal land to the United States, the Secretary shall, not later than 1 year after the date on which such offer is made--
(1) accept the offer;
(2) convey to BWLT all right, title, and interest of the United States in and to the Federal land, excepting and reserving an easement for road access to National Forest System land west of the Federal Parcel; and
(3) accept from BWLT all right, title, and interest of BWLT in and to the non-Federal land.
(c) Requirements.--The exchange under subsection (b) shall be--
(1) conditioned on title approval for the non-Federal land by the Secretary in accordance with subsection (f);
(2) conditioned on a cash equalization payment made by BWLT to the United States in accordance with subsection (d) if, under the appraisals conducted in accordance with this section, it is determined that the value of the Federal land exceeds the value of the non-Federal land;
(3) conditioned on the satisfactory completion of a Phase I Environmental Site Assessment by BWLT, provided to the Secretary, in advance of the acceptance of the non-Federal parcel;
(4) subject to valid existing rights; and
(5) subject to any other terms and conditions the Secretary determines appropriate.
(d) Equal Value and Cash Equalization.--
(1) In general.--Except as provided in paragraph (2), the exchange under subsection (b) shall be for equal value or the values shall be equalized by a cash payment.
(2) Exception.--Notwithstanding any other provision of law, if the appraised value of the non-Federal land to be conveyed to the United States exceeds the appraised value of the Federal land, a cash equalization payment by the United States to BWLT is hereby waived and the amount of such waived payment shall be considered a donation by BWLT to the United States for all purposes of law.
(e) Appraisals.--
(1) In general.--The value of the land to be exchanged under this section shall be determined by appraisals conducted by an independent and qualified appraiser mutually agreed to by the Secretary and BWLT.
(2) Appraisal standards.--The Secretary shall complete appraisals of the land to be exchanged under this section in accordance with--
(A) the Uniform Appraisal Standards for Federal Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal Practice.
(f) Format.--Title to the non-Federal land to be conveyed to the United States under this section shall be found sufficient by the Secretary pursuant to section 3111 of title 40, United States Code.
(g) Management of Acquired Land.--The non-Federal land acquired by the United States under subsection (b) shall be--
(1) added to, and managed as part of, the Chippewa National Forest; and
(2) managed in accordance with the laws, rules, and regulations pertaining to National Forest System lands.
(h) Map and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the Map and legal descriptions of all land to be conveyed under this section.
(2) Controlling document.--In the case of a discrepancy between the Map and a legal description, the Map shall control.
(3) Corrections.--The Secretary and BWLT, by mutual agreement, may correct any minor errors in the Map or in the legal descriptions, including with respect to the boundaries of the Federal land and the non-Federal land.
(4) Map on file.--The Map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service.
(i) Closing Costs.--As a condition for the exchange under subsection (b), BWLT shall pay all closing costs associated with the exchange, including for--
(1) title insurance and title search;
(2) any applicable inspection fees, escrow fees, attorneys fees, and recording fees; and
(3) any environmental analysis or resource survey required under Federal law, regulation, or policy, including a Phase I Environmental Site Assessment of the non-Federal land.
(j) Survey.--
(1) In general.--The exact acreages and legal descriptions of the Federal and non-Federal land to be exchanged under subsection (b) shall be determined by surveys satisfactory to the Secretary.
(2) Costs of survey.--BWLT shall bear all costs associated with the surveys under paragraph (1).
SEC. 1094E. RELEASE OF REVERSIONARY INTEREST, BLACK RIVER
STATE FOREST, WISCONSIN.
(a) Definitions.--In this section:
(1) Deli, inc.--The term "Deli, Inc." means Deli, Inc., a sphagnum moss production business located in Millston, Wisconsin.
(2) Deli land.--The term "Deli land" means the approximately 37.27 acres of land owned or optioned to acquire, subject to the approval of the land exchange by the Wisconsin Department of Natural Resources, the Wisconsin Natural Resources Board, and the Governor of the State, in 2 separate parcels, by Deli, Inc., located in Millston, Wisconsin, as depicted on the map and more particularly described as follows:
(A) The approximately 31.3-acre parcel (including land within the road right-of-way), together with any improvements--
(i) comprising the NE\1/4\NE\1/4\ of sec. 29, T. 20 N., R. 2 W., Town of Millston, Jackson County, Wisconsin;
(ii) excluding--
(I) land lying north of the railroad right-of-way; and
(II) a parcel 150 feet wide, with 50 feet lying to the northeast, and 100 feet to the southwest, of a line commencing at a point 5 feet east of the northwest corner of the quarter-quarter section described in clause (i), thence south 56 E. 39' a distance of 222 feet, thence south 57 E. 31' a distance of 1359 feet; and
(iii) subject to--
(I) any public water use or easements on Lee Lake; and
(II) any easements or restrictions of record, public roadways, zoning and use ordinances, and the railroad right-of-way.
(B) The approximately 5.97-acre parcel located in the SW\1/ 4\SW\1/4\ of sec. 20, T. 20 N., R. 4 W., Town of Millston, Jackson County, Wisconsin, comprising lot 7 of Certified Survey Map No. 4483, as recorded in volume 19S of the certified survey maps, page 334, as Document No. 413440 in the Jackson County Register of Deeds.
(3) Map.--The term "map" means the map entitled "Black River State Forest - Deli, Inc." and dated June 26, 2023.
(4) State.--The term "State" means the State of Wisconsin.
(5) State forest land.--The term "State forest land" means the approximately 31.83 acres of land located in the Black River State Forest in Millston, Wisconsin, as depicted on the map and more particularly described as follows:
(A) The 23.13-acre parcel--
(i) comprising the portion of the E\1/2\SE\1/4\ of sec. 20, T. 20 N., R. 2. W., Town of Millston, Jackson County, Wisconsin, lying south of the Interstate 94 southern right-of-way; and
(ii) excluding a triangular parcel in the southwest corner described as commencing at the southwest corner, thence east 260 feet, thence northwesterly to a point on the west boundary thereof 200 feet north of the southwest corner, thence south to the place of beginning.
(B) The 8.70-acre parcel comprising the portion of the NE\1/4\NE\1/4\ of sec. 29, T. 20 N., R. 2. W., Town of Millston, Jackson County, Wisconsin, lying north of the railroad right-of-way, forming a triangular piece, and more
particularly described as commencing at the northeast corner of that quarter-quarter section, thence west 1010 feet to the north line of the railroad right-of-way, thence southeasterly along the boundary of the railroad to the east line of that quarter-quarter section, thence north on the east line 750 feet to the place of beginning.
(b) Conditional Release.--
(1) Findings.--Congress finds that--
(A) the State forest land is subject to a reversionary interest of the United States pursuant to section 32(c) of The Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)), requiring that the State forest land be used for public purposes in perpetuity; and
(B) the State and Deli, Inc. have agreed that--
(i) the State will convey to Deli, Inc. the State forest land in exchange for the Deli land; and
(ii) after that exchange, the Deli land will be added to Black River State Forest in the State.
(2) Release.--If the State offers, in a written agreement, to convey to Deli, Inc., the State forest land in exchange for the conveyance of the Deli land by Deli, Inc. to the State--
(A) the reversionary interest of the United States in the State forest land shall be released; and
(B) the Secretary of Agriculture shall provide, as expeditiously as practicable, recordable evidence of the release under subparagraph (A) in the form of a quitclaim deed, which shall--
(i) convey any interest of the United States in and to the State forest land, without consideration; and
(ii) be provided to the State for recording before the exchange deeds are recorded.
(3) Corrections.--The Secretary of Agriculture, in consultation with the State, may make any necessary corrections to the legal description of the State forest land for purposes of the quitclaim deed described in paragraph (2)(B).
SEC. 1094F. SHAWNEE NATIONAL FOREST CONSERVATION.
(a) Definitions.--In this section:
(1) Designated natural area.--The term "designated natural area" means an area determined to be of exceptional ecological, botanical, geologic, scenic, or archeological value by the Secretary.
(2) Designated research natural area.--The term "designated research natural area" means an area that has been selected by the Secretary, and is managed by the Forest Service, for scientific research value.
(3) Map.--The term "Map" means the map prepared and submitted by the Secretary under subsection (b)(5)(A).
(4) Secretary.--The term "Secretary" means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(5) Special management area.--The term "Special Management Area" means a Special Management Area established by subsection (c)(1).
(b) Camp Hutchins Wilderness.--
(1) Addition to the national wilderness preservation system.--In accordance with the Wilderness Act (16 U.S.C.
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1131 et seq.), certain land in the Shawnee National Forest in the State of Illinois managed by the Forest Service, comprising approximately 750 acres and generally depicted as "Camp Hutchins Wilderness Area--Proposed" on the map prepared by the Environmental Law and Policy Center entitled "Camp Hutchins Wilderness Area and Special Management Area" and dated November 23, 2023, is designated as wilderness and as a component of the National Wilderness Preservation System, and shall be known as the "Camp Hutchins Wilderness".
(2) Management.--Subject to valid existing rights, the Camp Hutchins Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act.
(3) Hiking trail.--National Forest System Road 211 shall be closed to public vehicular traffic and may be maintained as a hiking trail, including the eastern extension of Forest Road 211 formerly known as the "Hutchins Creek Spur" up to the area known as "Hutchins Creek Corridor", as generally depicted on the Map.
(4) Withdrawal.--Subject to valid existing rights, all Federal land within the Camp Hutchins Wilderness, including any land or interest in land that is acquired by the United States within the Camp Hutchins Wilderness after the date of enactment of this Act, is withdrawn from--
(A) entry, appropriation, or disposal under public land law;
(B) location, entry, and patent under mining law; and
(C) operation of mineral leasing, mineral materials, and geothermal leasing law.
(5) Map and legal description.--
(A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Camp Hutchins Wilderness with--
(i) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
(ii) the Committee on Agriculture of the House of Representatives.
(B) Effect.--The Map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors on the Map and in the legal description.
(C) Availability.--The Map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate office of the Secretary and on the website of the Forest Service.
(c) Establishment of Special Management Areas.--
(1) Establishment.--Subject to valid existing rights, the following Special Management Areas within the Shawnee National Forest in the State of Illinois are established:
(A) Camp hutchins special management area.--Certain Federal land managed by the Forest Service, comprising approximately 2,953 acres and generally depicted as "Camp Hutchins Special Management Area--Proposed" on the map prepared by the Environmental Law and Policy Center entitled "Camp Hutchins Wilderness Area and Special Management Area" and dated November 23, 2023, which shall be known as the "Camp Hutchins Special Management Area".
(B) Ripple hollow special management area.--Certain Federal land managed by the Forest Service, comprising approximately 3,445 acres and generally depicted as "Ripple Hollow Special Management Area--Proposed" on the map prepared by the Environmental Law and Policy Center entitled "Ripple Hollow Special Management Area" and dated November 23, 2023, which shall be known as the "Ripple Hollow Special Management Area".
(C) Burke branch special management area.--Certain Federal land managed by the Forest Service, comprising approximately 6,310 acres and generally depicted as "Burke Branch Special Management Area--Proposed", on the map prepared by the Environmental Law and Policy Center entitled "Burke Branch Special Management Area" and dated November 23, 2023, which shall be known as the "Burke Branch Special Management Area".
(2) Purposes.--The purposes of the Special Management Areas are--
(A) to conserve, protect, and enhance the ecological, scenic, wildlife, recreational, cultural, historic, educational, and scientific resources of the Special Management Areas for the benefit and enjoyment of present and future generations;
(B) to promote biodiversity and control invasive species;
(C) to allow for the continuation of restoration efforts and scientific study of the designated natural areas and designated research natural areas within the Special Management Areas; and
(D) to allow for public use and enjoyment of the Special Management Areas.
(d) Administration of Special Management Areas.--
(1) In general.--The Secretary shall administer the Special Management Areas--
(A) in a manner that conserves, protects, and enhances the purposes for which the Special Management Areas are established; and
(B) in accordance with--
(i) this subsection; and
(ii) other applicable law.
(2) Management plan.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Special Management Areas.
(3) Uses.--
(A) In general.--The Secretary shall allow only uses of the Special Management Areas that are consistent with the purposes for which the Special Management Areas are established.
(B) Prescribed fire.--The Secretary may use prescribed fire to sustain the ecological structure and composition of the Special Management Areas, to sustain the biodiversity of the Special Management Areas, and to mitigate the risk of wildfire in the Special Management Areas or nearby areas.
(C) Management tools.--
(i) In general.--The Secretary may use herbicides, insecticides, and mechanized equipment, including chainsaws, drones, unmanned aerial systems, aircraft, pickup trucks, all-terrain vehicles, and rubber-tired and tracked vehicles, to control fire, insects, disease, and invasive species in managing the Special Management Areas approved by the Secretary.
(ii) Requirement.--In managing the Special Management Areas, the Secretary shall use the best available technology and science.
(D) Motor vehicles.--Except in cases in which motor vehicles are needed for administrative purposes, emergency response, or access on established roads accessing trailheads, inholdings, cemeteries, or campgrounds, or are essential to provide off-road access for ecosystem management of habitat, the use of motor vehicles, including over-snow vehicles, in the Special Management Areas shall be prohibited.
(E) Roads.--The Secretary shall decommission as soon as practicable any National Forest System roads within the Special Management Areas that are not needed for management or access to trailheads, cemeteries, and inholdings.
(F) Timber.--
(i) In general.--Commercial timber harvesting in the Special Management Areas, except as needed for fire, insect, and disease control, and for visitor and administrative safety, shall be prohibited.
(ii) Activities permitted.--Thinning of trees and other vegetation in the Special
Management Areas is permitted for restoration of the designated natural areas and designated research natural areas and to further the management objectives described in this subsection.
(G) Inholdings.--
(i) In general.--Access to private inholdings in the Special Management Areas shall be preserved.
(ii) Acquisitions.--The Secretary shall acquire any private inholdings in the Special Management Areas by purchase or exchange from willing sellers as soon as practicable.
(H) Hunting and trapping.--
(i) Hunting.--Hunting shall be permitted in the Special Management Areas as permitted by the State of Illinois and in accordance with regulations of the State of Illinois and regulations and orders issued by the Forest Service.
(ii) Trapping.--Trapping shall not be permitted in the Special Management Areas.
(iii) Access by motor vehicles.--Motor vehicle access by hunters within the Special Management Areas, including over-snow vehicles, shall be prohibited.
(I) Volunteer restoration and research.--
(i) Volunteers.--The Secretary shall allow volunteers of cooperators and individual Forest Service volunteers to participate in ecological restoration activities under the guidance of Forest Service ecologists and botanists within the Special Management Areas through cooperative agreements.
(ii) Access for research purposes.--The Secretary shall allow access to the Special Management Areas for scientific research by individuals and organizations that the Secretary determines to be qualified for that purpose.
(J) Ongoing management decisions.--The Supervisor of the Shawnee National Forest shall have the authority, without requiring the permission of the Secretary, to make management decisions concerning any designated natural area or designated research natural area within the Special Management Areas pursuant to the land management plan for the Shawnee National Forest.
(4) Withdrawal.--Subject to valid existing rights, all Federal land within the Special Management Areas, including any land or interest in land that is acquired by the United States within the Special Management Areas after the date of enactment of this Act, is withdrawn from--
(A) entry, appropriation, or disposal under public land law;
(B) location, entry, and patent under mining law; and
(C) operation of mineral leasing, mineral materials, and geothermal leasing law.
(5) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal descriptions of the Special Management Areas with--
(i) the Committee on Energy and Natural Resources of the Senate; and
(ii) the Committee on Natural Resources of the House of Representatives.
(B) Effect.--The map and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors on the map and in the legal descriptions.
(C) Availability.--The map and legal descriptions filed under subparagraph (A) shall be on file and available for public inspection in the appropriate office of the Secretary and on the website of the Forest Service.
(6) Public information.--Annually, the Secretary shall make publicly available on the website of the Shawnee National Forest a description of the progress in achieving the management objectives described in this subsection.
SEC. 1094G. SHENANDOAH MOUNTAIN.
(a) Definitions.--In this section:
(1) National scenic area.--
(A) In general.--The term "National Scenic Area" means the Shenandoah Mountain National Scenic Area established by subsection (b)(1).
(B) Inclusions.--The term "National Scenic Area" includes--
(i) any National Forest System land within the boundary of the National Scenic Area that is administered as part of the National Scenic Area; and
(ii) any National Forest System land within the boundary of the National Scenic Area that is administered as a component of the National Wilderness Preservation System under the amendments made by subsection (c).
(2) Secretary.--The term "Secretary" means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(3) State.--The term "State" means the State of Virginia.
(4) Wilderness area.--The term "Wilderness Area" means a wilderness area designated by paragraphs (22) through (26) of section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat.
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1002) (as added by subsection (c)).
(b) Establishment of the Shenandoah Mountain National Scenic Area.--
(1) Establishment.--Subject to valid existing rights, there is established the Shenandoah Mountain National Scenic Area, consisting of approximately 92,562 acres of National Forest System land in the George Washington and Jefferson National Forests, as generally depicted on the map filed under subsection (d)(1)(A).
(2) Purposes.--The purposes of the National Scenic Area are--
(A) to ensure the protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the National Scenic Area;
(B) to protect wildlife, fish, and plant habitat in the National Scenic Area;
(C) to protect outstanding natural biological values and habitat for plant and animal species along the Shenandoah Mountain crest above 3,000 feet above sea level elevation, including the Cow Knob salamander;
(D) to protect forests in the National Scenic Area that may develop characteristics of old-growth forests;
(E) to protect the Wilderness Areas; and
(F) to provide for a variety of, and improve existing, recreation settings and opportunities in the National Scenic Area in a manner consistent with the purposes of the National Scenic Area described in subparagraphs (A) through (E).
(3) Administration.--
(A) In general.--Except as provided in subparagraph (B), the Secretary shall administer the National Scenic Area in accordance with--
(i) this subsection; and
(ii) the laws (including regulations) generally applicable to the National Forest System.
(B) Exception.--Subject to valid existing rights, the Secretary shall administer the Wilderness Areas in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and any other laws applicable to the Wilderness Areas, except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering the Wilderness Areas.
(C) Effect; conflicts.--
(i) Effect.--The establishment of the National Scenic Area shall not affect the administration of the Wilderness Areas.
(ii) Conflicts.--In the case of any conflict between the laws applicable to the Wilderness Areas, the Wilderness Act (16 U.S.C. 1131 et seq.) shall control.
(D) No buffer zones.--
(i) In general.--Nothing in this subsection creates a protective perimeter or buffer zone around the National Scenic Area or a Wilderness Area.
(ii) Activities outside national scenic area or wilderness areas.--The fact that an activity or use on land outside the National Scenic Area or a Wilderness Area can be seen or heard by humans within the National Scenic Area or Wilderness Area shall not preclude the activity or use outside the boundaries of the National Scenic Area or Wilderness Area.
(4) Recreational uses.--
(A) In general.--Except as otherwise provided in this subsection or under applicable law, the Secretary shall authorize the continuation of, or seek to improve, authorized recreational uses of the National Scenic Area in existence on the date of enactment of this Act.
(B) Effect.--Nothing in this subsection interferes with the authority of the Secretary--
(i) to maintain or improve nonmotorized trails and recreation sites within the National Scenic Area;
(ii) to construct new nonmotorized trails and recreation sites within the National Scenic Area;
(iii) to adjust recreational uses within the National Scenic Area for reasons of sound resource management or public safety; and
(iv) to evaluate applications for, and issue or deny, special use authorizations in connection with recreation within the National Scenic Area.
(C) Requirement.--Recreation within the National Scenic Area shall be conducted in a manner consistent with the purposes of the National Scenic Area described in paragraph (2).
(5) National forest system trail plan.--
(A) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a National Forest System trail plan for National Forest System land in the National Scenic Area that is not located in a Wilderness Area in order to construct, maintain, and improve nonmotorized recreation National Forest System trails in a manner consistent with the purposes of the National Scenic Area described in paragraph (2).
(B) Potential inclusion.--The Secretary may address in the National Forest System trail plan developed under subparagraph (A) National Forest System land that is near, but not within the boundary of, the National Scenic Area.
(C) Public input.--In developing the National Forest System trail plan under subparagraph (A), the Secretary shall seek input from interested parties, including members of the public.
(D) Requirements.--The National Forest System trail plan developed under subparagraph (A) shall--
(i) promote sustainable trail management that protects natural resources and provides diverse, high-quality recreation opportunities, which may include loop trails for nonmotorized uses;
(ii) consider natural resource protection, trail sustainability, and trail maintenance needs as primary factors in determining the location or relocation of National Forest System trails; and
(iii) develop a National Forest System trail outside the Little River Wilderness
Area in the area of the Tillman Road corridor (along National Forest System road 101) to connect the Wolf Ridge Trail parking area to the Wild Oak National Recreation Trail, as generally depicted on the applicable map filed under subsection (d)(1)(B), pending completion of the required environmental analysis.
(E) Implementation report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the National Forest System trail plan developed under subparagraph (A), including the identification of the National Forest System trail described in subparagraph (D)(iii) and any other priority National Forest System trails identified for development.
(6) Roads.--
(A) In general.--The establishment of the National Scenic Area shall not--
(i) result in the closure of any National Forest System roads, as generally depicted on the map filed under subsection (d)(1)(A); or
(ii) modify public access within the National Scenic Area.
(B) No new roads.--No new roads shall be constructed in the National Scenic Area after the date of enactment of this Act.
(C) Effect.--Nothing in this subsection--
(i) denies any owner of private land or an interest in private land that is located within the National Scenic Area the right to access the private land;
(ii) alters the authority of the Secretary to open or close roads in the National Scenic Area in existence on the date of enactment of this Act in furtherance of the purposes of this section; or
(iii) alters the authority of the State--
(I) to maintain the access road to the crest of Shenandoah Mountain (Route 924); or
(II) to realign the access road described in subclause (I) if necessary for reasons of sound resource management or public safety.
(D) Parking areas.--
(i) In general.--Subject to clause (ii), the reconstruction, minor relocation, and construction of parking areas and related facilities within the National Scenic Area are authorized in a manner consistent with the purposes of the National Scenic Area described in paragraph (2).
(ii) Limitation.--Additional trailhead parking areas authorized in the National Scenic Area under clause (i) may be constructed only along National Forest System roads.
(7) Motorized travel.--Motorized travel shall be allowed only on roads within the portions of the National Scenic Area that are not Wilderness Areas, in a manner consistent with paragraph (6).
(8) Water.--The Secretary shall administer the National Scenic Area in a manner that maintains and enhances water quality.
(9) Water impoundments.--The establishment of the National Scenic Area shall not prohibit--
(A) the operation, maintenance, or improvement of, or access to, dams, reservoirs, or related infrastructure in existence on the date of enactment of this Act, as generally depicted on the map filed under subsection (d)(1)(A); or
(B) the establishment of new dams, reservoirs, or related infrastructure if necessary for municipal use.
(10) Timber harvest.--
(A) In general.--Except as provided in subparagraph (B), no harvesting of timber shall be allowed within the National Scenic Area.
(B) Exceptions.--
(i) Necessary harvesting.--The Secretary may authorize harvesting of timber in the National Scenic Area if the Secretary determines that the harvesting is necessary--
(I) to control fire; (II) to provide for public safety or trail access; (III) to construct or maintain overlooks and vistas; or (IV) to control insect or disease outbreaks.
(ii) Firewood for personal use.--Firewood may be harvested for personal use along roads within the National Scenic Area, subject to any conditions that the Secretary may require.
(11) Insect and disease outbreaks.--
(A) In general.--Subject to subparagraph (B), the Secretary may carry out activities necessary to control insect and disease outbreaks in a manner consistent with the purposes of the National Scenic Area described in paragraph (2)--
(i) to maintain scenic quality;
(ii) to reduce hazards to visitors; or
(iii) to protect National Forest System land or private land.
(B) Limitations.--For purposes of activities carried out under subparagraph (A)--
(i) native forest insect and disease outbreaks shall be controlled only--
(I) to prevent unacceptable damage to resources on adjacent land; or
(II) to protect threatened, endangered, sensitive, or locally rare species, with biological control methods being favored; and
(ii) nonnative insects and diseases may be eradicated or suppressed only in order to prevent a loss of a special biological community.
(12) Vegetation management.--The Secretary may engage in vegetation management practices within the National Scenic Area in a manner consistent with the purposes of the National Scenic Area described in paragraph (2)--
(A) to maintain wildlife clearings and scenic enhancements in existence on the date of enactment of this Act; or
(B) to construct not more than 100 acres of additional wildlife clearings by--
(i) expanding wildlife clearings in existence on the date of enactment of this Act; or
(ii) constructing new wildlife clearings of approximately 2 to 5 acres.
(13) Wildfire suppression.--
(A) In general.--Nothing in this subsection prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from carrying out wildfire suppression activities within the National Scenic Area.
(B) Requirements.--Wildfire suppression activities within the National Scenic Area shall be carried out--
(i) in a manner consistent with the purposes of the National Scenic Area described in paragraph (2); and
(ii) using such means as the Secretary determines to be appropriate.
(14) Prescribed fire.--Nothing in this section prohibits the Secretary from conducting prescribed burns and necessary burn unit preparation within the National Scenic Area in a manner consistent with the purposes of the National Scenic Area described in paragraph (2).
(15) Withdrawal.--
(A) In general.--Subject to valid existing rights, all Federal land within the National Scenic Area is withdrawn from--
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws;
(iii) operation of the mineral leasing and geothermal leasing laws;
(iv) wind, solar, or other renewable energy development; and
(v) designation of new utility corridors, utility rights-of-way, or communications sites.
(B) Effect.--Consistent with paragraph (6)(C)(i), the withdrawal under subparagraph (A) shall not deny access to private land or an interest in private land
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within the National Scenic Area.
(16) Management plan.--
(A) In general.--As soon as practicable after the date of the completion of the National Forest System trail plan under paragraph (5), but not later than 2 years after the date of enactment of this Act, the Secretary shall develop as an amendment to the land management plan for the George Washington and Jefferson National Forests a management plan for the National Scenic Area that is consistent with this subsection.
(B) Effect.--Nothing in this paragraph requires the Secretary to revise the land management plan for the George Washington and Jefferson National Forests under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(c) Designation of Wilderness Areas.--Section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) (as amended by section 1094B(a)) is amended by adding at the end the following:
"(22) Skidmore fork wilderness.--Certain National Forest System land in the George Washington and Jefferson National Forests comprising approximately 5,088 acres, as generally depicted on the applicable map filed under section 1094G(d)(1)(B) of the Management of Federal Eastern Lands Act of 2026, which shall be known as the `Skidmore Fork Wilderness'.
"(23) Ramseys draft wilderness addition.--Certain National Forest System land in the George Washington and Jefferson National Forests comprising approximately 6,961 acres, as generally depicted on the applicable map filed under section 1094G(d)(1)(B) of the Management of Federal Eastern Lands Act of 2026, which shall be incorporated into the Ramseys Draft Wilderness designated by Public Law 98-586 (16 U.S.C. 1132 note; 98 Stat. 3106).
"(24) Lynn hollow wilderness.--Certain National Forest System land in the George Washington and Jefferson National Forests comprising approximately 3,568 acres, as generally depicted on the applicable map filed under section 1094G(d)(1)(B) of the Management of Federal Eastern Lands Act of 2026, which shall be known as the `Lynn Hollow Wilderness'.
"(25) Little river wilderness.--Certain National Forest System land in the George Washington and Jefferson National Forests comprising approximately 12,461 acres, as generally depicted on the applicable map filed under section 1094G(d)(1)(B) of the Management of Federal Eastern Lands Act of 2026, which shall be known as the `Little River Wilderness'.
"(26) Beech lick knob wilderness.--Certain National Forest System land in the George Washington and Jefferson National Forests comprising approximately 5,779 acres, as generally depicted on the applicable map filed under section 1094G(d)(1)(B) of the Management of Federal Eastern Lands Act of 2026, which shall be known as the `Beech Lick Knob Wilderness'.".
(d) Maps and Boundary Descriptions.--
(1) Filing.--As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives maps and boundary descriptions of--
(A) the National Scenic Area; and
(B) each of the Wilderness Areas.
(2) Force and effect.--The maps and boundary descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the maps and boundary descriptions.
(3) Maps control.--In the case of any discrepancy between the acreage of the National Scenic Area or a Wilderness Area and the applicable map filed under paragraph (1), the applicable map filed under that paragraph shall control.
(4) Availability.--The maps and boundary descriptions filed under paragraph (1) shall be on file and available for public inspection in the office of the Chief of the Forest Service.
SEC. 1094H. FLATSIDE WILDERNESS ADDITIONS.
(a) Additions to Flatside Wilderness.--Section 3(d) of Arkansas Wilderness Act of 1984 (Public Law 98-508; 98 Stat. 2349) is amended by inserting "and certain land in the Ouachita National Forest, which comprise approximately 2,212 acres, generally depicted as `Land Proposed for Wilderness Designation' on the map titled `Flatside Wilderness, Proposed Addition Designation', dated November 12, 2024" after "1984".
(b) Fire, Insects, and Diseases.--Nothing in this section or the amendment made by subsection (a) shall be construed to limit the authority of the Secretary of Agriculture under section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), in accordance with existing laws (including regulations).
(c) Designation of Wilderness Addition.--The wilderness designated by section 3(d) of Arkansas Wilderness Act of 1984 (Public Law 98-508; 98 Stat. 2349), shall be known as the "Flatside-Bethune Wilderness". Any reference in a law, map, regulation, document, paper, or other record of the United States to such portion of the Flatside Wilderness shall be deemed to be a reference to the Flatside-Bethune Wilderness.
SEC. 1094I. TALLADEGA NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundaries of the Talladega National Forest are modified to include the land depicted on the map entitled "Talladega National Forest Proposed Proclamation Boundary Addition" and dated September 6, 2024.
(b) Map.--The map described in subsection (a) shall be on file and available for public inspection in the appropriate office of the Forest Service.
(c) Acquisitions.--
(1) In general.--Within the area delineated on the map described in subsection (a), the Secretary of Agriculture may use the land acquisition authorities applicable to the National Forest System, including the Act of March 1, 1911 (commonly known as the "Weeks Law") (36 Stat. 961, chapter 186; 16 U.S.C. 552 et seq.), to acquire land, waters, and interests therein.
(2) Management.--Land acquired pursuant to paragraph (1) shall be managed as land acquired under the Act of March 1, 1911 (commonly known as the "Weeks Law") (36 Stat. 961, chapter 186; 16 U.S.C. 552 et seq.), and in accordance with all laws and regulations pertaining to the National Forest System.
(3) Standards.--The Secretary shall ensure that any private land or waters and any interest in private land or waters acquired pursuant to paragraph (1) is acquired--
(A) from a willing seller by donation, exchange, or purchase using donated or appropriated funds; and
(B) to the extent practicable, without undue delay.
SEC. 1094J. BENTON MACKAYE NATIONAL SCENIC TRAIL FEASIBILITY
STUDY.
(a) Findings.--Congress finds that the Benton MacKaye Trail--
(1) is a scenic, nonmotorized trail that traverses approximately 287 miles over some of the most renowned forests and mountains in the States of Georgia, Tennessee, and North Carolina;
(2) showcases a wide variety of scenic views, including high-elevation peaks, mature forests, and secluded waterfalls;
(3) passes through wilderness that is rich with biodiversity;
(4) passes through six designated Wilderness Areas, the Great Smoky Mountains National Park, and the Chattahoochee-Oconee, Cherokee, and Nantahala National Forests;
(5) provides a wide array of easily accessible hikes for novice and intermediate hikers, as well as more challenging trails for backpacking;
(6) supports economic opportunities for numerous rural communities which benefit from the visitors of the trail spending their money on accommodations, food, and outdoor supplies;
(7) runs from Springer Mountain in Georgia, through Tennessee, and extends through the Great Smoky Mountains National Park in North Carolina;
(8) is physically accessible; and
(9) can be maintained at a minimal cost because--
(A) the Benton MacKaye Trail has been maintained at its current length since 2005;
(B) 95 percent of the Benton MacKaye Trail is located on Federal land; and
(C) the Benton MacKaye Trail has been successfully constructed, maintained, and managed by the Benton MacKaye Trail Association since 1980.
(b) Benton Mackaye National Scenic Trail Feasibility Study.--Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following:
"(50) Benton mackaye trail.--
"(A) In general.--The Benton MacKaye Trail, a scenic, nonmotorized trail that traverses approximately 287 miles in the States of Georgia, Tennessee, and North Carolina.
"(B) Study.--Not later than 1 year after the date of enactment of this paragraph, the Secretary of Agriculture, in consultation with interested organizations, including the Benton MacKaye Trail Association, shall complete and submit to Congress the feasibility study for designating the Benton MacKaye Trail as a national scenic trail.".
SEC. 1094K. STRATTON RIDGE AIR FORCE MEMORIAL.
(a) In General.--With the consent of the owner of the private land adjacent to the Cherohala Skyway in the State of North Carolina on which there is located a memorial honoring the 9 members of the Air Force crew of the C-141B transport plane that crashed during a training mission over the Cherokee and Nantahala National Forests on August 31, 1982 (referred to in this section as the "memorial"), and subject to subsections (b) through (e), the Secretary of Agriculture (referred to in this section as the "Secretary") may authorize, by special use authorization, the installation and any maintenance associated with the installation of the memorial at an appropriate site at the Stratton Ridge rest area located at mile marker 2 on the Cherohala Skyway in Graham County, North Carolina, in the Nantahala National Forest.
(b) Site Approval.--The site at which the memorial is installed under subsection (a) is subject to approval by the Secretary, in concurrence with--
(1) the North Carolina Department of Transportation; and
(2) in a case in which the site is located adjacent to a Federal-aid highway, the Administrator of the Federal Highway Administration.
(c) Funding.--No Federal funds may be used to relocate, install, or maintain the memorial under subsection (a).
(d) Costs.--The individual or entity requesting the installation of the memorial on National Forest System land under subsection (a) shall be responsible for the costs associated with the use of National Forest System land for the memorial, including the costs of--
(1) processing the application for the relocation;
(2) issuing a special use authorization for the memorial, including the costs associated with any related environmental analysis; and
(3) relocating, installing, and maintaining the memorial.
(e) Terms and Conditions.--The special use authorization for the installation of the memorial under subsection (a) may include any terms and conditions that are determined to be appropriate by the Secretary, including a provision preventing any enlargement or expansion of the memorial.
SEC. 1094L. AMENDMENT TO THE ACT OF JUNE 22, 1948.
Section 5 of the Act of June 22, 1948 (commonly known as the "Thye-Blatnik Act") (62 Stat. 570, chapter 593; 16 U.S.C. 577g), is amended by striking "of the fair appraised value of such" and inserting "of the highest fair appraised value, including historical fair appraised values, as determined by the Secretary of Agriculture in accordance with this section, of such".
SEC. 1094M.
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CONVEYANCE OF SPECIFIED FOREST SERVICE PROPERTY
TO PERRY COUNTY, ARKANSAS.
(a) Required Conveyance.--Subject to this section, if the County submits to the Secretary a written request for conveyance of the property described in subsection (b) not later than 180 days after the date of enactment of this Act, the Secretary shall convey to the County all right, title, and interest of the United States in and to the property described in subsection (b).
(b) Description of Property.--
(1) In general.--The property referred to in subsection (a) is the parcel of real property, including all land and improvements, generally referred to as parcel 850-10555-001 in the urban property records of the County, consisting of approximately 0.81 acres of Forest Service land located at 1069 Fourche Avenue, Perryville, Arkansas 72126.
(2) Survey.--The exact acreage and legal description of land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
(c) Terms and Conditions.--The conveyance under subsection (a) shall be--
(1) subject to valid existing rights;
(2) subject to reversion under subsection (g);
(3) made without consideration;
(4) made by quitclaim deed; and
(5) subject to such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.
(d) Costs of Conveyance.--As a condition of the conveyance under subsection (a), the County shall pay all costs associated with the conveyance, including the cost of--
(1) a survey, if necessary, under subsection (b)(2);
(2) any environmental analysis or resources survey required under Federal law; and
(3) any analysis required to comply with division A of subtitle III of title 54, United States Code (commonly referred to as the "National Historic Preservation Act").
(e) Environmental Conditions.--Notwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(3)(A)), the Secretary shall not be required to provide any covenant or warranty for the property and improvements conveyed to the County under subsection (a).
(f) Public Purposes Use.--The property conveyed under subsection (a) shall be used only for public purposes, such as supporting education and youth development.
(g) Reversion.--If the property conveyed under subsection (a) ceases to be used in a manner consistent with subsection (f), the property shall, at the discretion of the Secretary, revert to the United States.
(h) Definitions.--In this section:
(1) County.--The term "County" means Perry County, Arkansas.
(2) Secretary.--The term "Secretary" means the Secretary of Agriculture, acting through the Chief of the Forest Service.
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SA 6075. Mrs. SHAHEEN (for herself, Ms. Collins, Mr. Warnock, and Mr. Kennedy) 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:
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At the end of title X, add the following:
SEC. 1099. SHORT TITLE; SENSE OF CONGRESS.
(a) Short Title.--This subtitle may be cited as the "Improving Needed Safeguards for Users of Lifesaving Insulin Now Act of 2026" or the "INSULIN Act of 2026".
(b) Sense of Congress.--It is the sense of Congress that Congress should enact subsequent legislation that provides for an offset for any costs to the Federal Government resulting from the enactment of this subtitle.
SEC. 1099A. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
(a) In General.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-111 et seq.) is amended by adding at the end the following:
"SEC. 2799A-12. REQUIREMENTS WITH RESPECT TO COST-SHARING
FOR CERTAIN INSULIN PRODUCTS.
"(a) In General.--For plan years beginning on or after January 1, 2027, a group health plan or health insurance issuer offering group or individual health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not--
"(1) apply any deductible; or
"(2) impose any cost-sharing requirements in excess of, per 30-day supply--
"(A) for any applicable plan year beginning before January 1, 2028, $35; or
"(B) for any plan year beginning on or after January 1, 2028, the lesser of--
"(i) $35; or
"(ii) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or issuer, including price concessions received by or on behalf of third-party entities providing services to the plan or issuer, such as pharmacy benefit management services or third party administrators.
"(b) Definitions.--In this section:
"(1) Selected insulin products.--The term `selected insulin products' means, for any plan year beginning on or after January 1, 2027, at least one of each dosage form (such as vial, pen, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long-acting, and pre-mixed) of insulin, when such form is licensed and marketed, as selected by the group health plan or health insurance issuer.
"(2) Insulin.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed pursuant to such licensure.
"(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider.
"(d) Rule of Construction.--Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance issuer from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law.
"(e) Application of Cost-Sharing Towards Deductibles and Out-of-Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage.
"(f) Other Requirements.--A group health plan or health insurance issuer offering group or individual health insurance coverage shall not impose, directly or through an entity providing pharmacy benefit management services, any prior authorization or other medical management requirement, or other similar conditions, on selected insulin products, except as clinically justified for safety reasons, to ensure reasonable quantity limits and as specified by the Secretary.".
(b) No Effect on Other Cost-Sharing.--Section 1302(d)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)(2)) is amended by adding at the end the following new subparagraph:
"(D) Special rule relating to insulin coverage.--For plans years beginning on or after January 1, 2028, the exemption of coverage of selected insulin products (as defined in section 2799A-12(b) of the Public Health Service Act) from the application of any deductible pursuant to section 2799A-12(a)(1) of such Act, section 727(a)(1) of the Employee Retirement Income Security Act of 1974, or section 9827(a)(1) of the Internal Revenue Code of 1986 shall not be considered when determining the actuarial value of a qualified health plan under this subsection.".
(c) Coverage of Certain Insulin Products Under Catastrophic Plans.--Section 1302(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is amended by adding at the end the following:
"(4) Coverage of certain insulin products.--
"(A) In general.--Notwithstanding paragraph (1)(B)(i), for plan years beginning on or after January 1, 2027, a health plan described in paragraph (1) shall provide coverage of selected insulin products, in accordance with section 2799A-12 of the Public Health Service Act, before an enrolled individual has incurred, during the plan year, cost-sharing expenses in an amount equal to the annual limitation in effect under subsection (c)(1) for the plan year.
"(B) Terminology.--For purposes of subparagraph (A)--
"(i) the term `selected insulin products' has the meaning given such term in section 2799A-12(b) of the Public Health Service Act; and
"(ii) the requirements of section 2799A-12 of such Act shall be applied by deeming each reference in such section to `individual health insurance coverage' to be a reference to a plan described in paragraph (1).".
(d) ERISA.--
(1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following:
"SEC. 727. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
"(a) In General.--For plan years beginning on or after January 1, 2027, a group health plan or health insurance issuer offering group health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not--
"(1) apply any deductible; or
"(2) impose any cost-sharing requirements in excess of, per 30-day supply--
"(A) for any applicable plan year beginning before January 1, 2028, $35; or
"(B) for any plan year beginning on or after January 1, 2028, the lesser of--
"(i) $35; or
"(ii) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or issuer, including price concessions received by or on behalf of third-party entities providing services to the plan or issuer, such as pharmacy benefit management services or third party administrators.
"(b) Definitions.--In this section:
"(1) Selected insulin products.--The term `selected insulin products' means, for any plan year beginning on or after January 1, 2027, at least one of each dosage form (such as vial, pen, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long-acting, and pre-mixed) of insulin, when such form is licensed and marketed, as selected by the group health plan or health insurance issuer.
"(2) Insulin.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) and continues to be marketed pursuant to such licensure.
"(c) Out-of-Network Providers.--Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider.
"(d) Rule of Construction.--Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance issuer from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law.
"(e) Application of Cost-Sharing Towards Deductibles and Out-of-Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage.
"(f) Other Requirements.--A group health plan or health insurance issuer offering
group health insurance coverage shall not impose, directly or through an entity providing pharmacy benefit management services, any prior authorization or other medical management requirement, or other similar conditions, on selected insulin products, except as clinically justified for safety reasons, to ensure reasonable quantity limits and as specified by the Secretary.".
(2) Clerical amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting after the item relating to section 726 the following:
"Sec. 727. Requirements with respect to cost-sharing for certain insulin products.". (e) Internal Revenue Code.--(1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following:
"SEC. 9827. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
"(a) In General.--For plan years beginning on or after January 1, 2027, a group health plan shall provide coverage of selected insulin products, and with respect to such products, shall not--
"(1) apply any deductible; or
"(2) impose any cost-sharing requirements in excess of, per 30-day supply--
"(A) for any applicable plan year beginning before January 1, 2028, $35; or
"(B) for any plan year beginning on or after January 1, 2028, the lesser of--
"(i) $35; or
"(ii) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan, including price concessions received by or on behalf of third-party entities providing services to the plan, such as pharmacy benefit management services or third party administrators.
"(b) Definitions.--In this section:
"(1) Selected insulin products.--The term `selected insulin products' means, for any plan year beginning on or after January 1, 2027, at least one of each dosage form (such as vial, pen, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long-acting, and pre-mixed) of insulin, when such form is licensed and marketed, as selected by the group health plan.
"(2) Insulin.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C.
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262) and continues to be marketed pursuant to such licensure.
"(c) Out-of-Network Providers.--Nothing in this section requires a plan that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider.
"(d) Rule of Construction.--Subsection (a) shall not be construed to require coverage of, or prevent a group health plan from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law.
"(e) Application of Cost-Sharing Towards Deductibles and Out-of-Pocket Maximums.--Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan.
"(f) Other Requirements.--A group health plan shall not impose, directly or through an entity providing pharmacy benefit management services, any prior authorization or other medical management requirement, or other similar conditions, on selected insulin products, except as clinically justified for safety reasons, to ensure reasonable quantity limits and as specified by the Secretary".
(2) Clerical amendment.--The table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item:
"Sec. 9827. Requirements with respect to cost-sharing for certain insulin products.".
SEC. 1099A-1. APPLICATION TO RETIREE AND CERTAIN SMALL GROUP
PLANS.
(a) ERISA.--Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by striking "and 726" and inserting "726, and 727".
(b) IRC.--The Internal Revenue Code of 1986 is amended--
(1) in section 9831(a)(2), by striking "section 9826" and inserting "sections 9826 and 9827"; and
(2) in section 4980D(d)(1), by striking "section 9811" and inserting "section 9811 or 9827".
SEC. 1099A-2. ADMINISTRATION.
(a) Implementation.--Notwithstanding any other provision of law, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury may implement the provisions of, including the amendments made by, this chapter for plan years that begin on or after January 1, 2027, and end not later than January 1, 2030, by subregulatory guidance, program instruction, or otherwise.
(b) Non-Application of the Paperwork Reduction Act.--Chapter 35 of title 44, United States Code (commonly referred to as the "Paperwork Reduction Act of 1995"), shall not apply to the provisions of, including the amendments made by, this chapter.
CHAPTER 2--PHARMACY BENEFIT MANAGER TRANSPARENCY AND REBATE REFORM
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SEC. 1099B. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
(a) PHSA.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-111 et seq.), as amended by section 1099A, is further amended by adding at the end the following:
"SEC. 2799A-13. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
"(a) In General.--A pharmacy benefits manager, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefits management services under such health plan or health insurance coverage shall remit 100 percent of rebates, fees, alternative discounts, and all other remuneration received from a pharmaceutical manufacturer, distributor or any other third party, that are related to utilization of insulin under such health plan or health insurance coverage, to the group health plan.
"(b) Form and Manner of Remittance.--Such rebates, fees, alternative discounts, and other remuneration shall be--
"(1) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, or other remuneration is calculated, and in no case later than 90 days after the end of such period;
"(2) fully disclosed and enumerated to the group health plan sponsor; and
"(3) available for audit by the plan sponsor, or a third-party designated by a plan sponsor no less than once per plan year.".
(b) ERISA.--
(1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.), as amended by section 1099A, is further amended by adding at the end the following:
"SEC. 728. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
"(a) In General.--A pharmacy benefits manager, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefits management services under such health plan or health insurance coverage shall remit 100 percent of rebates, fees, alternative discounts, and all other remuneration received from a pharmaceutical manufacturer, distributor or any other third party, that are related to utilization of insulin under such health plan or health insurance coverage, to the group health plan.
"(b) Form and Manner of Remittance.--Such rebates, fees, alternative discounts, and other remuneration shall be--
"(1) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, or other remuneration is calculated, and in no case later than 90 days after the end of such period;
"(2) fully disclosed and enumerated to the group health plan sponsor; and
"(3) available for audit by the plan sponsor, or a third-party designated by a plan sponsor no less than once per plan year.".
(2) Clerical amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), as amended by section 1099A, is further amended by inserting after the item relating to section 727 the following:
"Sec. 728. Full rebate on insulin pass-through to plan.". (c) Internal Revenue Code.--(1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by section 1099A, is further amended by adding at the end the following new section:
"SEC. 9828. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
"(a) In General.--A pharmacy benefits manager, a third-party administrator of a group health plan, or an entity providing pharmacy benefits management services under such health plan shall remit 100 percent of rebates, fees, alternative discounts, and all other remuneration received from a pharmaceutical manufacturer, distributor or any other third party, that are related to utilization of insulin under such health plan, to the group health plan.
"(b) Form and Manner of Remittance.--Such rebates, fees, alternative discounts, and other remuneration shall be--
"(1) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, or other remuneration is calculated, and in no case later than 90 days after the end of such period;
"(2) fully disclosed and enumerated to the group health plan sponsor; and
"(3) available for audit by the plan sponsor, or a third-party designated by a plan sponsor no less than once per plan year.".
(2) Clerical amendment.--The table of sections for subchapter B of chapter 100 of such Code, as amended by section 1099A, is further amended by adding at the end the following new item:
"Sec. 9828. Full rebate on insulin pass-through to plan.".
CHAPTER 3--BIOSIMILAR BIOLOGICAL PRODUCT AND GENERIC DRUG COMPETITION AND AFFORDABILITY
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SEC. 1099C. ENSURING TIMELY ACCESS TO GENERICS.
Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ", 10.31," after "10.30";
(B) in subparagraph (E)--
(i) by striking "application and" and inserting "application or";
(ii) by striking "If the Secretary" and inserting the following:
"(i) In general.--If the Secretary"; and
(iii) by striking the second sentence and inserting the following:
"(ii) Primary purpose of delaying.--
"(I) In general.--In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors:
"(aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew or reasonably should have known the relevant information relied upon to form the basis of such petition.
"(bb) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions.
"(cc) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved.
"(dd) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition.
"(ee) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time.
"(ff) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner's version of the same drug.
"(gg) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay.
"(hh) Other relevant and appropriate factors, which the Secretary shall describe in guidance.
"(II) Guidance.--The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I).";
(C) by adding at the end the following:
"(iii) Referral to the federal trade commission.--The Secretary shall establish procedures for referring to the Federal Trade Commission any petition or supplement to a petition that the Secretary determines was submitted with the primary purpose of delaying approval of an application. Such procedures shall include notification to the petitioner by the Secretary.";
(D) by striking subparagraph (F);
(E) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and
(F) in subparagraph (H), as so redesignated, by striking "submission of this petition" and inserting "submission of this document";
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively;
(B) by inserting before subparagraph (C), as so redesignated, the following:
"(A) In general.--A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence.
"(B) Timely submission of citizen petition.--A petition and any supplement to a petition shall be submitted within 60 days after the person knew, or reasonably should have known, the information that forms the basis of the request made in the petition or supplement.";
(C) in subparagraph (C), as so redesignated--
(i) in the heading, by striking "within 150 days";
(ii) in clause (i), by striking "during the 150-day period referred to in paragraph (1)(F),"; and
(iii) by amending clause (ii) to read as follows:
"(ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision.";
(D) by amending subparagraph (D), as so redesignated, to read as follows:
"(D) Dismissal of certain civil actions.--
"(i) Petition.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.
"(ii) Timeliness.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition.
"(iii) Final response.--If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies."; and
(E) in clause (iii) of subparagraph (E), as so redesignated, by striking "as defined under subparagraph (2)(A)" and inserting "within the meaning of subparagraph (C)"; and
(3) in paragraph (4)--
(A) by striking "Exceptions" and all that follows through "This subsection does" and inserting "Exceptions.--This subsection does";
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.
SEC. 1099C-1. EXPEDITING COMPETITIVE BIOSIMILAR COMPETITION.
(a) In General.--Section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) is amended by adding at the end the following:
"(10) Expediting competitive biosimilar competition.--
"(A) In general.--The Secretary may, at the request of the sponsor of an application under this subsection for a biosimilar biological product that is designated as a competitive biosimilar therapy pursuant to subsection (b), expedite the development and review of such application under this subsection.
"(B) Designation process.--
"(i) Request.--The sponsor of an application under this subsection may request the Secretary to designate the drug as a competitive biosimilar therapy. A request for such designation may be made concurrently with, or at any time prior to, the submission of a biosimilar biological product license application under this subsection.
"(ii) Criteria.--A biological product is eligible for designation as a competitive biosimilar therapy under this paragraph if the Secretary determines that there is inadequate biosimilar competition.
"(iii) Designation.--Not later than 60 calendar days after the receipt of a request under clause (i), the Secretary may--
"(I) determine whether the biosimilar biological product that is the subject of the request meets the criteria described in clause (ii); and
"(II) if the Secretary finds that such product meets such criteria, designate the biosimilar biological product as a competitive biosimilar therapy.
"(C) Actions.--In expediting the development and review of an application under subparagraph (A), the Secretary may, as requested by the applicant, take actions including the following:
"(i) Hold meetings with the sponsor and the review team throughout the development of the biosimilar biological product prior to submission of the application under this subsection.
"(ii) Provide timely advice to, and interactive communication with, the sponsor regarding the development of the drug to ensure that the development program to gather the data necessary for approval is as efficient as practicable.
"(iii) Involve senior managers and experienced review staff, as appropriate, in a collaborative, coordinated review of such application, including with respect to biological product-device combination products and other complex products.
"(iv) Assign a cross-disciplinary project lead--
"(I) to facilitate an efficient review of the development program and application, including manufacturing inspections; and
"(II) to serve as a scientific liaison between the review team and the applicant.
"(D) Inspections.--With respect to an application described in subparagraph (A), in the case of an inspection report that finds approval of such biological product is dependent upon remediation of a facility, if the applicant attests that necessary changes have been made to the facility, the Secretary shall expedite reinspection of such facility, including establishing a set timeline to reinspect the facility or make a determination
about the response of the applicant and whether to approve the application.
"(E) Reporting requirement.--Not later than 1 year after the date of licensure under this subsection with respect to a biosimilar biological product for which the development and review is expedited under this paragraph, the holder of the license of such biosimilar biological product shall report to the Secretary on whether the biosimilar biological product has been marketed in interstate commerce since the date of such licensure.
"(F) Inadequate biosimilar competition.--In this paragraph, the term `inadequate biosimilar competition' means, with respect to a biological product, there are fewer than 3 licensed biological products on the list published under paragraph (9)(A) (not including biological products on the discontinued section of such list) that are biosimilar biological products with the same reference product.".
SEC. 1099C-2.
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INSULIN COMPETITION REPORT.
Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, in collaboration with the Administrator for the Centers for Medicare & Medicaid Services and the Commissioner of Food and Drugs, shall--
(1) complete a study to determine the extent of, and causes of, delays in getting insulin products to market, and the market dynamics and extent biosimilar biological product development and competition could increase, or is increasing, the number of biological products approved and available to patients, including by examining barriers to--
(A) placement of biosimilar biological products on health insurance formularies;
(B) market entry of insulin product in the United States, as compared to other highly developed nations; and
(C) patient and provider education around biosimilar biological products; and
(2) submit a report to Congress that describes the results of the study conducted pursuant to paragraph (1) and recommended policy solutions.
CHAPTER 4--PROGRAMS FOR PROVIDING AFFORDABLE INSULIN TO UNINSURED INDIVIDUALS
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SEC. 1099D. PILOT PROGRAM FOR PROVIDING AFFORDABLE INSULIN TO
UNINSURED INDIVIDUALS.
Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:
"SEC. 399V-8. PILOT PROGRAM FOR PROVIDING AFFORDABLE INSULIN
TO UNINSURED INDIVIDUALS.
"(a) In General.--The Secretary shall conduct a 5-year pilot program under which the Secretary awards grants to 10 States for purposes of providing affordable insulin to uninsured individuals.
"(b) Awards.--The Secretary shall award grants under this section to 10 States that--
"(1) submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require; and
"(2) have high rates of uninsured individuals and individuals diagnosed with diabetes, which may include high rates of newly diagnosed diabetes.
"(c) Use of Funds.--A State shall use the grant funds received under this section for any of the following purposes:
"(1) To assist in the purchase or dispensing of insulin, through Federally-qualified health centers and retail community pharmacies, for uninsured individuals.
"(2) To enroll individuals in programs under which drug manufacturers provide financial or medication assistance to low-income individuals, in order to assist such individuals in obtaining insulin.
"(3) To allow Federally-qualified health centers to establish new, or maintain or expand existing, on-site pharmacies owned and operated by the health center that provide low-cost insulin to patients, and to allow retail community pharmacies to provide low-cost insulin to patients.
"(4) To engage in other activities to assist uninsured individuals in obtaining insulin, as the Secretary determines appropriate.
"(d) Formula.--The Secretary shall establish a formula for purposes of determining the grant amount under this section for each State. Such formula shall--
"(1) provide for a minimum amount that will be provided to each State; and
"(2) take into account the rates of individuals with type 1 or type 2, insulin-dependent diabetes and of uninsured individuals in each State for purposes of determining any additional amounts provided to a State.
"(e) Accountability and Oversight.--A State receiving a grant under this section shall, not later than 1 year after receiving the grant, submit a report to the Secretary that includes--
"(1) a description of the purposes for which the grant funds received by the State were expended in the preceding fiscal year, and the activities of the State under the grant during such year; and
"(2) the number of individuals served through the grant.
"(f) Definitions.--In this section:
"(1) Affordable.--The term `affordable', with respect to insulin, means that the out-of-pocket cost to the individual for the insulin is not more than $35 per 1-month supply.
"(2) Federally-qualified health center.--The term `Federally-qualified health center' has the meaning given such term in section 1905(l)(2) of the Social Security Act.
"(3) Insulin.--The term `insulin' means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed under such section.
"(4) Retail community pharmacy.--The term `retail community pharmacy' has the meaning given such term in section 1927(k)(10) of the Social Security Act.
"(5) Uninsured individual.--The term `uninsured individual' means an individual who--
"(A) is a citizen of the United States or a qualified alien (as defined in section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996);
"(B) does not qualify for coverage under a Federal health care program (as defined in section 1128B(f) of the Social Security Act), the health program established under chapter 89 of title 5, United States Code, or a group health plan or group health insurance coverage (as defined in section 2791); and
"(C) is not entitled to a premium assistance tax credit under section 36B of the Internal Revenue Code of 1986.
"(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $100,000,000 for fiscal year 2027, to remain available until expended.".
SEC. 1099D-1. GAO STUDY ON UNINSURED INDIVIDUALS WHO USE
INSULIN.
(a) In General.--The Comptroller General of the United States shall conduct a study, in consultation with patient, clinical, and provider groups and other experts, and not later than 2 years after the date of enactment of this Act, issue a report, on the characteristics of uninsured individuals who use insulin. Such study and report shall, to the extent data is available, include consideration of--
(1) any States or regions in which there is a higher prevalence of such individuals;
(2) any identifiable potential reasons for uninsured status;
(3) demographic characteristics of such individuals, such as race and ethnicity; and
(4) income level of such individuals.
(b) Definitions.--In this section, the terms "insulin" and "uninsured individual" have the meanings given such terms in section 399V-8 of the Public Health Service Act, as added by section 1099D.
SEC. 1099D-2. INSULIN RESOURCE CENTER AND HOTLINE FOR
UNINSURED INDIVIDUALS.
(a) In General.--The Secretary of Health and Human Services (referred to in this section as the "Secretary") shall award a grant to an eligible entity for purposes of--
(1) establishing and maintaining a resource center of assistance programs offered by manufactures or other entities that are available to uninsured individuals seeking affordable insulin; and
(2) conducting the public education activities described in subsection (c)(7).
(b) Eligible Entities.--To be eligible to receive the grant under subsection (a), an entity shall--
(1) be a trade, industry, or professional association, community- and consumer-focused nonprofit entity, or other entity, as determined by the Secretary that--
(A) is capable of carrying out the duties described in subsection (c);
(B) meets the standards described in subsection (e); and
(C) provides information consistent with the standards developed under subsection (f); and
(2) submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including information demonstrating that the entity--
(A) has existing relationships, or could readily establish relationships, with consumers (including uninsured individuals), health care providers, manufacturers of insulin, social service providers, pharmacies, and other experts that the Secretary determines appropriate, to meet the goals of this section; and
(B) has, or will establish, partnerships with, and solicit feedback from, other entities in other industries, professional associations, and community- and consumer-focused nonprofit organizations, to meet the goals of this section.
(c) Duties.--An entity that receives a grant under this section shall--
(1) distribute fair and impartial information concerning eligibility for manufacturer, foundational, and other assistance programs available to patients seeking affordable insulin;
(2) facilitate enrollment in manufacturer assistance programs or other assistance programs for uninsured individuals;
(3) make available to the public, through a standardized website, a clearinghouse of support available to patients, including--
(A) a link to Federally-qualified health centers and other providers, by ZIP Code;
(B) a link to retail community pharmacies, by ZIP Code; and
(C) information about how to enroll in health insurance;
(4) provide information in a manner that is culturally and linguistically appropriate;
(5) establish a hotline through which individuals may reach experts with questions about access to insulin, and that--
(A) is a 24/7 real-time hotline;
(B) provides voice and text support; and
(C) is staffed by navigators or licensed health care professionals;
(6) provide guidance to hospitals on how to share the website and hotline with patients; and
(7) conduct public education activities, in collaboration with the Department of Health and Human Services, to raise awareness of the availability of all manufacturer, foundational, and other assistance programs available to patients seeking affordable insulin, with a focus on uninsured individuals; including by--
(A) partnering with community health centers, hospitals, retail community pharmacies, and community-based organizations with a focus on access to affordable medicine; and
(B) working with State and local health departments to target the programs carried out using the grant to underserved communities.
(d) Duties of the Secretary.--The Secretary shall--
(1) ensure adequate maintenance of the resource center established by the entity receiving a grant under subsection (a);
(2) publicize such resource center on the website of the Department of Health and Human Services and across Federal agencies, as the Secretary determines appropriate; and
(3) ensure that such resource center meets the standards under subsection (e), and withdraw the grant and make an award to a different eligible entity in the case that an eligible entity fails to meet such standards.
(e) Standards.--The Secretary shall establish standards for the resource center under this section, including provisions to ensure that the entity receiving a grant under this section is qualified to engage in the activities described in this section and to avoid conflicts of interest. Under such standards, such entity--
(1) shall not--
(A) be a manufacturer of insulin products; or
(B) receive any consideration directly or indirectly from any manufacturer of insulin products in connection with the enrollment of any individuals in an assistance program; and
(2) shall provide information that is fair, accurate, and impartial.
(f) Data Collection and Evaluations.--The Secretary may collect data and conduct evaluations with respect to the services provided by the resource center described in this section for purposes of assessing the extent to which the provision of the services--
(1) reduces out of pocket insulin costs for uninsured individuals;
(2) increases awareness of assistance programs or foundational support available for uninsured individuals; and
(3) improves utilization of the resources described in paragraph (2) by uninsured individuals.
(g) Reports to Congress.--The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, and make publicly available, annual reports on the activities carried out under this section, including any changes in the availability or scope of assistance programs offered by insulin manufacturers and information about the number of individuals who use the resource center, including the website or hotline.
(h) Definitions.--In this section--
(1) the term "assistance program" means a program to assist patients in obtaining a drug at a reduced cost, and includes third-party payments, financial assistance, discounts, product vouchers, and other reductions in out-of-pocket expenses;
(2) the term "Federally-qualified health center" has the meaning given such term in section 1905(l)(2) of the Social Security Act (42 U.S.C. 1396d(l)(2));
(3) the term "insulin" means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) and continues to be marketed pursuant to such licensure;
(4) the term "retail community pharmacy" has the meaning given such term in section 1927(k)(10) of the Social Security Act (42 U.S.C. 1396r-8(k)(10); and
(5) the term "uninsured individual" means an individual who--
(A) does not qualify for coverage under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C.
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1320a-7b(f))), the health program established under chapter 89 of title 5, United States Code, or a group health plan or group health insurance coverage (as defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)); and
(B) is not entitled to a premium assistance tax credit under section 36B of the Internal Revenue Code of 1986.
(i) Funding.--To carry out this section, there are authorized to be appropriated $2,000,000 for each of fiscal years 2027 through 2032.
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SA 6076. Mr. VAN HOLLEN 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:
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At the appropriate place in title XI, insert the following:
SEC. __. PROHIBITION ON USE OF FUNDS TO LIMIT COLLECTIVE
BARGAINING.
None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2027 may be used to implement Executive Order 14251 (90 Fed. Reg. 14553; relating to exclusions from Federal labor-management relations programs) or any related policy or guidance.
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SA 6077. Mrs. SHAHEEN (for herself and Mr. Grassley) 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:
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At the appropriate place, insert the following:
SEC. ___. KEEPING DRUGS OUT OF SCHOOLS.
(a) Definitions.--In this section:
(1) Director.--The term "Director" means the Director of the Office of National Drug Control Policy.
(2) Drug-free communities funded coalition.--The term "Drug-Free Communities funded coalition" means a recipient of a grant under section 1032 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532).
(3) Effective drug prevention programs.--The term "effective drug prevention programs", with respect to a school-community partnership between a Drug-Free Communities funded coalition and a local school, means strategies, policies, and activities that--
(A) are tailored to meet the needs of the student population of the school, based on the environment of the school and the community surrounding the school; and
(B) prevent and reduce substance use and misuse among local youth.
(4) Eligible entity.--The term "eligible entity" means a coalition (within the meaning of section 1032 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532)) that--
(A) receives or has received a grant under subchapter I of chapter 2 of title I of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1523 et seq.); and
(B) has a memorandum of understanding in effect with not less than 1 local school to establish a school-community partnership.
(5) Local school.--The term "local school" means an elementary, middle, or high school located in an area served by an eligible entity.
(6) School-community partnership.--The term "school-community partnership" means a partnership between a Drug-Free Communities funded coalition and not less than 1 local school for the purpose of implementing effective drug prevention programs.
(7) Substance use and misuse.--The term "substance use and misuse"--
(A) has the meaning given the term in paragraph (9) of section 1023 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1523); and
(B) includes the use of electronic or other delivery mechanisms to consume a substance described in subparagraph (A), (B), or (C) of that paragraph.
(b) Grants Authorized.--
(1) In general.--
(A) Initial grants.--Subject to paragraph (2), the Director may award grants to eligible entities for the purpose of implementing a school-community partnership.
(B) Renewal grants.--Subject to paragraph (2), the Director may award to an eligible entity who has received a grant under subparagraph (A) an additional grant for each fiscal year during the 3-fiscal-year period following the fiscal year for which the grant was awarded under subparagraph (A), for the purpose of continuing the school-community partnership.
(2) Limitations.--
(A) Amount.--The amount of a grant under this subsection may not exceed $75,000 for a fiscal year.
(B) Recipients.--Not more than 1 eligible entity may receive a grant under this subsection to establish a school-community partnership with a particular local school.
(c) Interagency Agreement.--The Director may enter into an interagency agreement with a National Drug Control Program agency, as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701), to delegate authority for--
(1) the execution of grants under this section; and
(2) other activities necessary to carry out the responsibilities of the Director under this section.
(d) Application.--
(1) In general.--An eligible entity desiring a grant under this section, in coordination with each local school with which the eligible entity has a school-community partnership, shall submit to the Director an application at such time, in such manner, and accompanied by such information as the Director may require.
(2) Plan.--The application submitted under paragraph (1) shall include a detailed, comprehensive plan for the school-community partnership to implement effective drug prevention programs.
(e) Use of Funds.--
(1) In general.--An eligible entity receiving a grant under this section shall use funds from the grant--
(A) to implement the plan described in subsection (d)(2); and
(B) if necessary, to obtain specialized training and assistance from the organization receiving the grant under section 4(a) of Public Law 107-82 (21 U.S.C. 1521 note).
(2) Supplement not supplant.--Grants provided under this section shall be used to supplement, and not supplant, Federal and non-Federal funds that are otherwise available for drug prevention programs in local schools.
(f) Evaluation.--Section 1032(a)(6) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(a)(6)) shall apply to a grant under this section in the same manner as that section applies to a grant under subchapter I of chapter 2 of subtitle A of title I of that Act (21 U.S.C. 1531 et seq.).
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2027 through 2032.
(2) Administrative costs.--Not more than 8 percent of the funds appropriated pursuant to paragraph (1) may be used by the Director for administrative expenses associated with the responsibilities of the Director under this section.
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SA 6078. Mrs. SHAHEEN (for herself and Mr. Grassley) 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:
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At the appropriate place, insert the following:
SEC. ___. SEXUAL ASSAULT SURVIVORS' RIGHTS.
(a) Tiered Funding for State Incentives.--Section 5903(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (34 U.S.C. 10441 note; Public Law 117-263) is amended--
(1) by striking paragraph (2) and inserting the following:
"(2) Grant increase.--The Attorney General shall increase the amount of the covered formula grant provided to a State in accordance with this subsection if the State has in effect--
"(A) a law that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code;
"(B) any combination of laws, regulations, practices, and policies that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code; or
"(C) any combination of laws, regulations, practices, and policies that provides to sexual assault survivors rights that are substantially similar to the rights under section 3772 of title 18, United States Code.";
(2) in paragraph (3), by inserting ", regulation, practice, or policy, as applicable," after "law";
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
"(5) Allocation of funds.--
"(A) Funding tiers.--Of the amounts made available to carry out this subsection--
"(i) 60 percent shall be allocated to States that have in effect a law described in paragraph (2)(A);
"(ii) 25 percent shall be allocated to States that have in effect a law, regulation, practice, or policy described in paragraph (2)(B); and
"(iii) 15 percent shall be allocated to States that have in effect a law, regulation, practice, or policy described in paragraph (2)(C).
"(B) Eligibility for single tier only.--A State may not receive an allocation under more than 1 of the 3 funding tiers described in subparagraph (A).".
(b) Preservation of Evidence Kits.--Section 3772(a)(2)(A) of title 18, United States Code, is amended by striking "for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter" and inserting "for not less than 15 years".
(c) Manner of Request for Notification Before Disposal of Evidence Kit or for Further Preservation.--Section 3772(a)(3) of title 18, United States Code, is amended by striking "written request" each place that term appears and inserting "request".
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SA 6079. Mrs. SHAHEEN (for herself and Mr. Grassley) 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:
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At the end of subtitle D of title V, add the following:
SEC. 539F. RIGHTS OF THE VICTIM UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraphs:
"(10) The right not to be prevented from, or charged for, receiving a medical forensic examination.
"(11) In the case of offenses involving sexual assault:
"(A) The right to have a sexual assault evidence collection kit or its probative contents preserved, without charge for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter.
"(B) The right to be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation.
"(C) The right to be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.
"(D) The right to be informed of the status and location of a sexual assault evidence collection kit.
"(E) The right, upon written request, to receive written notification from the appropriate official with custody not later than 60 days before the date of the intended destruction or disposal.
"(F) The right, upon written request, to be granted further preservation of the kit or its probative contents.".
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SA 6080. Mr. SCHATZ (for himself, Mr. McCormick, Mr. Curtis, and Mr. Coons) 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:
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At the end of title XII, add the following:
Subtitle F--Pacific Promotion of Workable Energy Resources Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Pacific Promotion of Workable Energy Resources Act" or the "Pacific POWER Act".
SEC. 1282. DEFINITIONS.
In this subtitle:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Foreign Relations, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.
(2) Direct use.--The term "direct use" has the meaning given the term in section 616A of the Energy Independence and Security Act of 2007 (42 U.S.C. 17195a(b)).
(3) Geothermal partners.--The term "geothermal partners" means the United States allies and partners selected pursuant to section 1285.
(4) Next-generation geothermal.--The term "next-generation geothermal" means a geothermal power production technology that has the potential to greatly expand the scale and geographical range of geothermal power production, including--
(A) enhanced geothermal systems, as defined in section 612 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17191);
(B) closed-loop geothermal systems, meaning systems that use one or more wells drilled into hot rock with fluid circulating through a closed-loop system to bring heat to the surface;
(C) geothermal systems which harness heat from supercritical temperatures, meaning at or above 375 degrees; and
(D) other innovative geothermal power technologies.
(5) Secretary.--The term "Secretary" means the Secretary of State.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Indo-Pacific is critical to United States national security and economic interests, particularly given the rise of the People's Republic of China as a competitor, and has some of the world's highest geothermal potential;
(2) achieving United States foreign and national security policy objectives, including deterring conflict and reducing vulnerability to coercion, requires further strengthening relationships with key regional allies and partners;
(3) the United States should expand its engagement with key allies and partners on geothermal, including through commercial partnerships and technical assistance to support the development of their geothermal capabilities to reduce reliance on the energy exports of adversaries and to develop markets for United States companies; and
(4) the United States should promote the pursuit of bilateral memoranda of understanding or other appropriate agreements on
geothermal energy with key allies and partners, where doing so furthers United States foreign policy and national security interests.
SEC. 1284. GEOTHERMAL DIPLOMACY.
(a) In General.--The Secretary, in consultation with the Secretary of Energy, shall work both bilaterally and multilaterally to advance geothermal energy in support of United States interests, including to develop--
(1) goals to increase geothermal deployment, including for electricity and direct use applications;
(2) forums for collective learning and research;
(3) risk-sharing and financial tools for geothermal exploration and development;
(4) potential regulatory and power market reforms that support geothermal power production, direct use applications, and grid interconnection;
(5) technical, environmental, safety, and community engagement standards and best practices, including--
(A) early and consistent community engagement, including the free, prior, and informed consent of Indigenous Peoples and other communities;
(B) revenue sharing to create local economic benefits;
(C) reservoir management;
(D) mitigation of seismic risk through real-time monitoring, operational guardrails, and engagement with impacted communities;
(E) mitigation of impacts to water resources; and
(F) standardized, transparent, and secure mechanisms for sharing geological and project-related data.
(b) Indo-Pacific Engagement.--The Secretary shall prioritize engaging with allies and partners in the Indo-Pacific on opportunities to collaborate on geothermal energy and as potential geothermal partners to be selected pursuant to section 1285, including--
(1) Taiwan;
(2) the Philippines;
(3) Japan;
(4) Australia;
(5) Indonesia;
(6) India;
(7) New Zealand;
(8) Papua New Guinea; and
(9) Thailand.
(c) Multilateral Mechanisms.--The Secretary, in consultation with the Secretary of Energy, shall use existing multilateral mechanisms to advance cooperation on geothermal energy, including--
(1) the Quadrilateral Dialogue, or "Quad," comprising the United States, Australia, India, and Japan;
(2) the United States-Japan-Philippines trilateral dialogue;
(3) the United States-Japan-Republic of Korea trilateral dialogue;
(4) United States-Association of Southeast Asian Nations dialogues and energy engagements;
(5) the Pacific Community, the principal scientific and technical organization in the Pacific region;
(6) the International Energy Agency; and
(7) the Group of Seven, comprising the United States, France, the United Kingdom, Germany, Japan, Italy, and Canada.
SEC. 1285. ESTABLISHMENT OF INTERNATIONAL GEOTHERMAL PROGRAM
AND COUNTRY SELECTION.
(a) Assessment.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Energy, shall develop and submit to the appropriate congressional committees a report that--
(1) assesses global geothermal resources, including mapping the areas of highest potential for geothermal development based on factors, such as--
(A) existing geothermal generation;
(B) subsurface data;
(C) proximity of geothermal resources to existing or potential energy infrastructure;
(D) regulatory and economic conditions, including financial incentives for geothermal;
(E) current and projected energy mix and demand;
(F) workforce;
(G) supply chains, including the distribution of assets relative to projected demand; and
(H) energy reliability conditions;
(2) assesses countries, regions, and other locations in which geothermal development or expansion is most beneficial to United States national security and economic interests, including in support of United States Indo-Pacific strategy;
(3) explains the strategy for addressing the challenges to geothermal energy development or expansion in the countries, regions, and other locations most beneficial to United States national security and economic interests; and
(4) assesses the extent to which foreign countries of concern, as defined in section 4872(d) of title 10, United States Code, are involved in, or may seek to influence or control, the geothermal energy sectors, supply chains, infrastructure, financing, or related critical minerals of countries, regions, and other locations identified under paragraphs (1) through (3).
(b) Consultation.--In preparing the report required in subsection (a), the Secretary shall consult with--
(1) agencies with relevant expertise;
(2) Department of Energy National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));
(3) institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (2 U.S.C. 1001(a));
(4) nonpartisan and nonprofit organizations;
(5) the International Energy Agency;
(6) the advisory group established pursuant to subsection (g); and
(7) the appropriate committees of Congress.
(c) Establishment.--Not later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Energy, shall establish the International Geothermal Program (the "Program") for international collaboration on geothermal exploration and development to carry out section 1284 and to pursue bilateral and multilateral partnerships as described in subsection (d) to further United States foreign policy and national security interests.
(d) Program.--The Program established pursuant to subsection (c) shall include public-private partnerships for the exploration and development of geothermal resources and next-generation geothermal systems, including--
(1) to support large-scale geothermal deployment, including for next-generation geothermal technologies and direct use applications;
(2) to conduct research of next-generation geothermal technologies, including through coordination with existing international research initiatives;
(3) to conduct geothermal resource exploration and characterization;
(4) to support the integration of geothermal energy into energy system planning and regulations;
(5) to identify opportunity zones where geothermal could meet industrial, heating and cooling, agricultural, and electricity needs;
(6) to support the workforce and supply chains necessary for geothermal deployment;
(7) to support community engagement and education;
(8) to assist in the development and implementation of risk-sharing mechanisms and other financial tools for the cost of geothermal exploration and development;
(9) to assist in the development of predictable siting and permitting processes for partners selected pursuant to subsection (e);
(10) to create financial incentives for investment in geothermal energy; and
(11) to identify investment and export opportunities for United States companies
(e) Selection of Geothermal Partners.--Concurrent with the establishment of the Program pursuant to subsection (c), the Secretary, in consultation with the appropriate congressional committees, shall select at least five geothermal partners that--
(1) include--
(A) not fewer than three countries in the Indo-Pacific;
(B) not fewer than one country that currently does not produce or consume geothermal energy at commercial scale; and
(C) not fewer than one country that demonstrates significant potential to expand existing capacity for geothermal energy generation, such as through recent success in adding more geothermal energy to its grid and through the inclusion of geothermal in utility resource plans; and
(2) are informed by the report required under subsection (a).
(f) Agreements.--The Secretary shall pursue memoranda of understanding or other appropriate agreements with countries selected pursuant to subsection (e) and that are willing to work with the United States to implement the Program.
(g) Engagement With the Private Sector and Nonprofits.--The Secretary shall establish an advisory mechanism to engage United States geothermal developers, equipment manufacturers, financial institutions, industry associations, and nonprofit organizations with geothermal expertise in the implementation of the Program, including to--
(1) identify export opportunities for United States geothermal technology and services in geothermal partner countries;
(2) advise on technical standards, data use and protections, policy, supply chain development, and workforce needs; and
(3) facilitate connections between United States companies and organizations and geothermal investment opportunities.
SEC. 1286.
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IMPLEMENTATION OF THE INTERNATIONAL GEOTHERMAL
PROGRAM.
(a) Strategy.--Not later than 180 days after the establishment of the Program and selection of geothermal partners pursuant to section 1285, the Secretary shall submit to the appropriate congressional committees a report that describes the United States strategy for advancing geothermal energy with each of the geothermal partners.
(b) Elements.--The strategy submitted pursuant to subsection (a) shall include the estimated personnel and assistance resources required on an annual basis for successful implementation of such strategy, and the identification of opportunities for--
(1) supporting regional partnerships on geothermal energy;
(2) strengthening the resilience of geothermal supply chains, including--
(A) equipment and services related to geothermal resource exploration, characterization, and production; and
(B) through partnerships with domestic and allied manufacturers;
(3) leveraging existing and developing new multilateral financing tools to support geothermal energy;
(4) conducting geothermal-specific feasibility studies and other support by the United States Trade and Development Agency; and
(5) the United States Export-Import Bank, the Millennium Challenge Corporation, and the United States International Development Finance Corporation to provide financial support to geothermal partners that meet the eligibility requirements of the agencies.
(c) Implementation.--The implementation of the Program established in section 1285 shall be led by the Under Secretary of State for Economic Growth, Energy, and the Environment and coordinated with the leadership of the Office of International Affairs and the Geothermal Technologies Office.
(d) Annual Report.--The Secretary shall submit a report to the appropriate congressional committees that includes--
(1) a summary of United States activities and engagement with each geothermal partner, including the status of negotiations to establish memoranda of understanding or other agreements pursuant to section 1285(f);
(2) any changes to the strategy required by subsection (a) for each geothermal partner;
(3) the number of personnel assigned to implementation of the Program, by operating unit; and
(4) assistance provided to implement the Program to date by operating unit, amount, account, and purpose.
(e) Technical and Financial Assistance.--The Secretary is authorized to work with relevant United States agencies to promote and coordinate the development and underwriting of grants, loans, loan guarantees, and other technical and financial assistance to geothermal partners and United States companies that work with geothermal partners through the Program established in section 1285.
(f) Coordination.--In preparing the strategy required under subsection (a) and the annual report required under subsection (d), and implementing the Program established in section 1285, the Under Secretary of State for Economic Growth, Energy, and the Environment shall convene agencies with relevant expertise and the advisory group established in section 1285(g) and brief the appropriate committees of Congress not less than twice per year.
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SA 6081. Mr. PETERS (for himself and Ms. Slotkin) 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:
Text printed in the Record (10,089 characters)
At the end of subtitle G of title X, add the following:
SEC. 1__. KEWEENAW BAY INDIAN COMMUNITY LAND CLAIM
SETTLEMENT.
(a) Findings.--Congress finds that--
(1) the Keweenaw Bay Indian Community is a federally recognized Indian Tribe residing on the L'Anse Indian Reservation in Baraga County in the Upper Peninsula of the State of Michigan;
(2) the Community is a successor in interest to the Treaty with the Chippewa Indians of the Mississippi and Lake Superior, made and concluded at La Pointe of Lake Superior October 4, 1842 (7 Stat. 591) (referred to in this subsection as the "1842 Treaty"), which, among other things, guaranteed the usufructuary rights of the Community over a large area of land that was ceded to the United States, until such time that those usufructuary rights were properly and legally extinguished;
(3) the Community is also a successor in interest to the Treaty with the Chippewa Indians of Lake Superior and the Mississippi, made and concluded at La Pointe September 30, 1854 (10 Stat. 1109) (referred to in this subsection as the "1854 Treaty");
(4) article 2, paragraph 1 of the 1854 Treaty created the L'Anse Indian Reservation as a permanent reservation;
(5) pursuant to article 13 of the 1854 Treaty, the 1854 Treaty became "obligatory on the contracting parties" when ratified by the President and the Senate on January 10, 1855;
(6) in 1850, Congress enacted the Act of September 28, 1850 (sections 2479 through 2481 of the Revised Statutes (43 U.S.C. 982 through 984)) (commonly known and referred to in this subsection as the "Swamp Land Act"), which authorized the State of Arkansas and other States, including the State of Michigan, to "construct the necessary levees and drains to reclaim" certain unsold "swamp and overflowed lands, made unfit thereby for cultivation" and stating that those lands "shall remain unsold at the passage of this act";
(7) following enactment of the Swamp Land Act, the State claimed thousands of acres of swamp land in the State pursuant to that Act;
(8) between 1893 and 1937, the General Land Office patented 2,743 acres of land to the State that were located within the exterior boundaries of the Reservation;
(9) the right of the Community to use and occupy the unsold land within the Reservation had not been extinguished when the United States patented the Reservation Swamp Lands to the State;
(10) in 1852, Congress enacted the Act of August 26, 1852 (10 Stat. 35, chapter 92) (referred to in this subsection as the "Canal Land Act"), to facilitate the building of the Sault Ste. Marie Canal at the Falls of the St. Mary's River, to connect Lake Superior to Lake Huron;
(11) pursuant to the Canal Land Act, the United States granted the State the right to select 750,000 acres of unsold public land within the State to defray the cost of construction of the Sault Ste. Marie Canal;
(12) the State identified and selected, among other land, a minimum of 1,333.25 and up to 2,720 acres within the exterior boundaries of the Reservation;
(13) the Department of the Interior approved the land selections of the State, including the Reservation Canal Lands, after ratification of the 1854 Treaty;
(14) the Secretary noted that the approval described in paragraph (13) was "subject to any valid interfering rights";
(15) the 1854 Treaty set apart from the public domain all unsold land within the Reservation to the Community as of September 30, 1854, which preceded the date on which the State established legally effective title to the Reservation Canal Lands;
(16) the Community made claims to the Department of the Interior with respect to the Reservation Swamp Lands and the Reservation Canal Lands, providing legal analysis and ethnohistorical support for those claims;
(17) in December 2021, the Department of the Interior stated that "We have carefully reviewed pertinent documents, including the Tribe's expert reports, and have determined that the Tribe's claims to the Swamp Lands and Canal Lands have merit";
(18) the United States, through the actions of the General Land Office, deprived the Community of the exclusive use and occupancy of the Reservation Swamp Lands and the Reservation Canal Lands within the Reservation, without just compensation as required under the Takings Clause of the Fifth Amendment to the Constitution of the United States;
(19) the loss of the Reservation Swamp Lands and the Reservation Canal Lands without just compensation has--
(A) impacted the exercise by the Community of cultural, religious, and subsistence rights on the land;
(B) caused a harmful disconnect between the Community and its land;
(C) impacted the ability of the Community to fully exercise its economy within the Reservation; and
(D) had a negative economic impact on the development of the economy of the Community;
(20) certain non-Indian individuals, entities, and local governments occupy land within the boundaries of the Reservation--
(A) acquired ownership interests in the Reservation Swamp Lands and the Reservation Canal Lands in good faith; and
(B) have an interest in possessing clear title to that land;
(21) this section allows the United States--
(A) to secure a fair and equitable settlement of past inequities suffered by the Community as a result of the actions of the United States that caused the taking of the Reservation Swamp Lands and the Reservation Canal Lands without just compensation; and
(B) to ensure protection of the ownership of the Reservation Swamp Lands and the Reservation Canal Lands by non-Indian occupants of the Reservation, through the settlement of the claims of the Community to that land, and through that action, the relief of any clouds on title;
(22) a settlement will allow the Community to receive just compensation and the local landowners to obtain clear title to land, without long and protracted litigation that would be both costly and detrimental to all involved; and
(23) this section achieves both justice for the Community and security for current landowners through a restorative and non-confrontational process.
(b) Purposes.--The purposes of this section are--
(1) to acknowledge the uncompensated taking by the Federal Government of the Reservation Swamp Lands and the Reservation Canal Lands;
(2) to provide compensation to the Community for the uncompensated taking of the Reservation Swamp Lands and the Reservation Canal Lands by the Federal Government;
(3) to extinguish all claims by the Community to the Reservation Swamp Lands and the Reservation Canal Lands and to confirm the ownership by the current landowners of the Reservation Swamp Lands and the Reservation Canal Lands, who obtained that land in good faith;
(4) to extinguish all potential claims by the Community against the United States, the State, and current landowners concerning title to, use of, or occupancy of the Reservation Swamp Lands and the Reservation Canal Lands; and
(5) to authorize the Secretary--
(A) to compensate the Community; and
(B) to take any other action necessary to carry out this section.
(c) Definitions.--In this section:
(1) Community.--The term "Community" means the Keweenaw Bay Indian Community.
(2) County.--The term "County" means Baraga County, Michigan.
(3) Reservation.--The term "Reservation" means the L'Anse Indian Reservation, located in--
(A) T. 51 N., R. 33 W.;
(B) T. 51 N., R. 32 W.;
(C) T. 50 N., R. 33 W., E\1/2\;
(D) T. 50 N., R. 32 W., W\1/2\; and
(E) that portion of T. 51 N., R. 31 W. lying west of Huron Bay.
(4) Reservation canal lands.--The term "Reservation Canal Lands" means the 1,333.25 to 2,720 acres of Community land located within the exterior boundaries of the Reservation that the Federal Government conveyed to the State pursuant to the Act of August 26, 1852 (10 Stat. 35, chapter 92).
(5) Reservation swamp lands.--The term "Reservation Swamp Lands" means the 2,743 acres of land located within the exterior boundaries of the Reservation that the Federal Government conveyed to the State between 1893 and 1937 pursuant to the Act of September 28, 1850 (sections 2479 through 2481 of the Revised Statutes (43 U.S.C. 982 through 984)) (commonly known as the "Swamp Land Act").
(6) Secretary.--The term "Secretary" means the Secretary of the Interior.
(7) State.--The term "State" means the State of Michigan.
(d) Payments.--
(1) Transfer of funds.--As soon as practicable after the date on which the amount authorized to be appropriated under paragraph (3) is made available to the Secretary, the Secretary shall transfer $33,900,000 to the Community.
(2) Use of funds.--
(A) In general.--Subject to subparagraph (B), the Community may use the amount received under paragraph (1) for any lawful purpose, including--
(i) governmental services;
(ii) economic development;
(iii) natural resources protection; and
(iv) land acquisition.
(B) Restriction on use of funds.--The community may not use the amount received under paragraph (1) to acquire land for gaming purposes.
(3) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out paragraph (1) $33,900,000 for fiscal year 2027, to remain available until expended.
(e) Extinguishment of Claims.--
(1) In general.--Effective on the date on which the Community receives the payment under subsection (d)(1), all claims of the Community to the Reservation Swamp Lands and the Reservation Canal Lands owned by persons or entities other than the Community are extinguished.
(2) Clear title.--Effective on the date on which the Community receives the payment under subsection (d)(1), the title of all current owners to the Reservation Swamp Lands and the Reservation Canal Lands is cleared of all preexisting rights held by the Community and any of the members of the Community.
(f) Effect.--Nothing in this section authorizes--
(1) the Secretary to take land into trust for the benefit of the Community for gaming purposes; or
(2) the Community to use land acquired using amounts received under this section for gaming purposes.
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SA 6082. Mr. PETERS (for himself and Mr. Rounds) 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:
Text printed in the Record (2,728 characters)
Strike section 320B and insert the following:
SEC. 320B. INITIATION OF REMEDIAL ACTIONS WITH RESPECT TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
(a) Initiation of Remedial Actions.--
(1) In general.--To the extent that it is consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and any other applicable law, and except as provided in paragraph (2), not later than two years after the date of the enactment of this Act, the Secretary of Defense shall initiate interim remedial actions with respect to perfluoroalkyl and polyfluoroalkyl substances at not fewer than 100 covered sites.
(2) Exception.--
(A) In general.--The Secretary may initiate interim remedial actions with respect to perfluoroalkyl and polyfluoroalkyl substances at fewer than 100 covered sites only if the Secretary cannot find enough covered sites meeting the factor specified under section 300.415(b)(2)(i) of title 40, Code of Federal Regulations, or successor regulations.
(B) Report.--If the Secretary utilizes the exception under subparagraph (A), the Secretary shall submit to Congress a report verifying that the Secretary assessed each covered site and was unable to find a sufficient number of covered sites meeting the factor specified in such subparagraph.
(b) Timely Completion of Ongoing Actions.--The Secretary shall ensure the timely completion of interim remedial actions at installations of the Department of Defense that are ongoing as of the date of the enactment of this Act.
(c) Briefing Required.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status and outlook of interim remedial actions with respect to perfluoroalkyl and polyfluoroalkyl substances at the 723 installations of the Department assessed for use or potential use of such substances as set forth in the publication of the Department dated September 30, 2025.
(d) Covered Site Defined.--In this section, the term "covered site"--
(1) means, of the 723 installations of the Department assessed for use or potential use of perfluoroalkyl and polyfluoroalkyl substances set forth in the publication of the Department dated September 30, 2025, the installations at which the estimated remedial investigation or feasibility study end date is delayed as compared to the date specified for such site in the similar publication of the Department dated December 2024; and
(2) shall be interpreted consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and any other applicable law.
______
SA 6083. Mrs. SHAHEEN (for herself, Ms. Hassan, Mr. Gallego, Mr. Kelly, and Mr. Kaine) 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:
Text printed in the Record (3,485 characters)
At the appropriate place in title X, insert the following:
SEC. 10___. RESPECT FOR LOCAL COMMUNITIES.
(a) Short Title.--This section may be cited as the "Respect for Local Communities Act".
(b) Definitions.--In this section:
(1) Appropriate local government officials.--The term "appropriate local government officials" means--
(A) the mayor, county executive, or equivalent elected official of the town, city, county or other local jurisdiction in which a new processing facility or detention center will be located; and
(B) a majority of the town council, city council, county council, county commission, or equivalent legislative authority in which a new processing facility or detention center will be located.
(2) New processing site or detention center.--The term "new processing site or detention center" means any facility operated by, or pursuant to a contract with, U.S. Immigration and Customs Enforcement, including any facility designed under the Detention Reengineering Initiative, that, beginning on or after the date of the enactment of this Act, will be used to temporarily hold persons pending the resolution or completion of immigration removal operations or processes.
(c) Requirements for New ICE Processing Sites and Detention Centers.--The Department of Homeland Security or any other Federal agency may not initiate the construction, acquisition, renovation, or operation of, or otherwise acquire an interest in real property to be used as, a new processing site or detention center for U.S. Immigration and Customs Enforcement until--
(1) the relevant Federal agency issues a public notice in the Federal Register that--
(A) is open for public comments for a period lasting at least 30 days;
(B) describes the scope of the construction, acquisition, renovation, or operation;
(C) includes information regarding such agency's due diligence process, which shall explain how such agency will comply with--
(i) Federal guidance and standards related to immigration detention; and
(ii) applicable environmental regulations;
(D) includes any other information or documentation relevant to such new processing site or detention center; and
(E) includes an economic impact analysis and an engineering review that addresses the site or center's waste exportation, water usage, and electrical demand;
(2) after the conclusion of the public comment period, the head of the relevant Federal agency--
(A) considers and responds to significant comments received in accordance with subchapter II of chapter 5 of title 5, United States Code; and
(B) enters into a signed, written agreement with appropriate local government officials and the Governor of the State in which such processing site or detention center will be located that authorizes such construction, acquisition, renovation, or operation, as applicable; and
(3) at least 30 days has elapsed since the head of the relevant Federal agency submitted a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Appropriations of the House of Representatives, and
the Committee on the Judiciary of the House of Representatives regarding such planned construction, acquisition, renovation, or operation that includes a fully executed copy of the agreement described in paragraph (2).
______
SA 6084. Mrs. SHAHEEN (for herself, Mr. McCormick, Ms. Hassan, Mr. Fetterman, and Mrs. Capito) 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:
Text printed in the Record (6,601 characters)
At the appropriate place, insert the following:
SEC. ___. SPECIAL BASE RATES OF PAY FOR FEDERAL CORRECTIONAL
OFFICERS.
(a) In General.--Subchapter III of chapter 53 of title 5, United States Code, is amended by inserting after section 5332a the following:
"Sec. 5332b. Special base rates of pay for Federal
correctional officers
"(a) Definitions.--In this section--
"(1) the term `Federal correctional officer' means a correctional officer (without regard to whether the position of the individual is classified in the 0007 series established by the Office of Personnel Management)--
"(A) who is employed by the Bureau of Prisons; and
"(B)(i) the duties of the position of whom--
"(I) primarily relate to the custody, control, or supervision of inmates within the Bureau of Prisons; or
"(II) routinely include direct inmate contact in a custodial setting;
"(ii) who, in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83 or chapter 84, but who does not qualify to be considered a law enforcement officer within the meaning of section 8331(20) or 8401(17), as applicable, holds a position, the duties of which, if they included routine custodial inmate contact, would be as described in clause (i); or
"(iii) who, in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management, pursuant to written position classification applicable to the Bureau of Prisons, determines would satisfy clause (i) or (ii) if the employee were subject to subchapter III of chapter 83 or chapter 84;
"(2) the term `General Schedule base rate' means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; and
"(3) the term `LEO special base rate' has the meaning given the term in section 531.602 of title 5, Code of Federal Regulations, or any successor regulation.
"(b) Special Base Rates of Pay.--
"(1) Entitlement to special rate.--Notwithstanding section 5332, a Federal correctional officer is entitled to a special base rate of pay, which shall--
"(A) replace the otherwise applicable General Schedule base rate or LEO special base rate for the Federal correctional officer;
"(B) be basic pay for all purposes, including the purposes of applying--
"(i) sections 5304, 5304a, and 5595;
"(ii) subchapter V of chapter 55; and
"(iii) chapters 83 and chapter 84; and
"(C) be computed as provided in paragraph (2) and adjusted at the time of adjustments in the General Schedule base rate or LEO special base rate.
"(2) Computation.--The special base rate for a Federal correctional officer shall be calculated by increasing the applicable General Schedule base rate or LEO special base rate for the Federal correctional officer by 35 percent and rounding the result to the nearest whole dollar, provided that such special base rate does not exceed the rate of basic pay payable for level V of the Executive Schedule.".
(b) Clerical Amendment.--The table of sections for subchapter III of chapter 53 of title 5, United States Code, is amended by inserting after the item relating to section 5332a the following:
"5332b. Special base rates of pay for Federal correctional officers.". (c) Certain Prevailing Rate Employees.--Section 5343 of title 5, United States Code, is amended by adding at the end the following: "(h)(1) In this subsection, the term `covered employee' means an employee--"(A) who is described in section 5342(a)(2)(A) and is employed by the Bureau of Prisons; "(B) the duties of the position of whom--"(i) primarily relate to the custody, control, or supervision of inmates; or "(ii) routinely include direct inmate contact in a custodial setting; and "(C) the position of whom is classified as not higher than grade 9 of the Federal Wage System. "(2) The Attorney General shall increase the wage rates of each covered employee by 35 percent. "(3) An increased wage rate under paragraph (2) shall be basic pay for the same purposes as the wage rate otherwise established under this section. "(4) An increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level IV of the Executive Schedule.". (d) Application.--(1) Definition.--In this subsection, the term "Federal correctional officer" has the meaning given the term in section 5332b(a) of title 5, United States Code, as added by this section. (2) Sunset.--Subject to paragraph (3), on the date that is 5 years after the date of enactment of this Act, the authority provided under sections 5332b and 5343(h) of title 5, United States Code, as added by this section, shall terminate and those sections are repealed. (3) Review and determination.--(A) Review.--Not later than 180 days before the expiration of the 5-year period described in paragraph (2), the Inspector General of the Department of Justice (referred to in this subsection as the "Inspector General") shall conduct a review, and submit a report on that review to Congress, of--(i) the extent to which the Bureau of Prisons has, pursuant to the authority provided under sections 5332b and 5343(h) of title 5, United States Code, as added by this section--
(I) reduced or eliminated the use of non-custodial employees to perform the duties of Federal correctional officers (commonly known as, and referred to in this subsection as, "augmentation"); and
(II) reduced excessive mandatory overtime for Federal correctional officers; and
(ii) the impact of the special base rates of pay under sections 5332b and 5343(h) of title 5, United States Code, as added by this section, on recruitment, retention, and institutional safety with respect to Federal correctional officers.
(B) Continuing authority.--
(i) Determination.--If, under the review conducted under subparagraph (A), the Inspector General determines that the Bureau of Prisons has demonstrated measurable progress in eliminating augmentation and reducing excessive mandatory overtime for Federal correctional officers, paragraph (2) of this subsection shall have no force or effect and the authority provided under sections 5332b and 5343(h) of title 5, United States Code, as added by this section, shall continue to apply.
(ii) Notice.--The Inspector General shall include a determination made under clause (i) in the report submitted to Congress under subparagraph (A).
______
SA 6085. Mrs. SHAHEEN (for herself, Ms. Lummis, and Ms. Hassan) 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:
Text printed in the Record (1,243 characters)
At the appropriate place, insert the following:
SEC. __. POSTAL OPERATIONS STAY TIMELY AND LOCAL ACT.
(a) Short Title.--This section may be cited as the "Postal Operations Stay Timely and Local Act" or the "POSTAL Act".
(b) Limitation on Closing or Consolidating Postal Service Processing and Distribution Centers in States.--
(1) Definitions.--In this section:
(A) Processing and distribution center.--The term "processing and distribution center" means a central mail facility that--
(i) distributes and dispatches part or all of both incoming mail and outgoing mail for a designated service area;
(ii) provides instructions on the preparation of collection mail, dispatch schedules, and sorting plan requirements to mailers; and
(iii) is a sectional center facility, a general mail facility, or a dedicated mail processing facility without a station or branch.
(B) State.--The term "State" means a State or the District of Columbia.
(2) Limitation.--The United States Postal Service may not close, consolidate, downgrade, or take any other similar action with respect to a processing and distribution center in a State if such action would result in there being no processing and distribution center located in that State.
______
SA 6086. Mr. PETERS (for himself and Mr. Rounds) 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:
Text printed in the Record (9,250 characters)
At the appropriate place in title VIII, insert the following:
SEC. 8_______. CHANGES WITH RESPECT TO THE FEDERAL
ACQUISITION SECURITY COUNCIL.
(a) Definition of Source of Concern, Covered Source of Concern, Recommended Order, and Designated Order.--Section 1321 of title 41, United States Code, is amended--
(1) by redesignating paragraphs (5) through (8) as paragraphs (7) through (10);
(2) by inserting after paragraph (4) the following:
"(5) Covered source of concern.--The term `covered source of concern' means a source of concern that is specifically designated as a `covered source of concern' by a statute that states that such designation is for the purposes of this subchapter.
"(6) Designated order.--The term `designated order' means an order described under section 1323(c)(3)."; and
(3) by adding at the end the following:
"(11) Recommended order.--The term `recommended order' means an order recommended under section 1323(c)(2).
"(12) Source of concern.--
"(A) In general.--The term `source of concern' means a source--
"(i) subject to the jurisdiction, direction, or control of the government of a foreign adversary, or operates on behalf of the government of a foreign adversary; or
"(ii) that poses a risk to the national security of the United States based on collaboration with, whole or partial ownership or control by, or being affiliated with a military, internal security force, or intelligence agency of a foreign adversary.
"(B) Foreign adversary defined.--In this paragraph, the term `foreign adversary' has the meaning given the term `covered nation' in section 4872(d) of title 10.".
(b) Establishment and Members of Council.--Section 1322 of title 41, United States Code, is amended--
(1) in subsection (a), by striking "executive branch" and inserting "Executive Office of the President";
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
"(1) In general.--The members of the Council shall be as follows:
"(A) The Administrator for Federal Procurement Policy.
"(B) The Deputy Director for Management of the Office of Management and Budget.
"(C) The following officials, each of whom shall occupy a position at the level of Assistant Secretary or Deputy Assistant Secretary (or equivalent):
"(i) Two officials from the Office of the Director of National Intelligence, one of which shall be from the National Counterintelligence and Security Center.
"(ii) Two officials from the Department of Defense, one of which shall be from the National Security Agency.
"(iii) Two officials from the Department of Homeland Security, one of which shall be from the Cybersecurity and Infrastructure Security Agency.
"(iv) An official from the General Services Administration.
"(v) An official from the Office of the National Cyber Director.
"(vi) Two officials from the Department of Justice, one of which shall be from the Federal Bureau of Investigation.
"(vii) Two officials from the Department of Commerce, one of which shall be from the National Institute of Standards and Technology and one of which shall be from the Bureau of Industry and Security.
"(viii) An official from any executive agency not listed under clauses (i) through (vii) whose temporary or permanent participation is determined by the Chairperson of the Council to be necessary to carry out the functions of the Council while maintaining the intended balance in subject matter expertise."; and
(B) in paragraph (2)--
(i) in the heading, by striking "Lead representatives" and inserting "Members";
(ii) by amending subparagraph (A)(i) to read as follows:
"(i) In general.--The head of each executive agency listed under paragraph (1)(C) shall designate the official or officials from that agency who shall serve on the Council in accordance with such paragraph.";
(iii) by amending subparagraph (A)(ii) to read as follows:
"(ii) Requirements.--To the extent feasible, any official designated under clause (i) shall have expertise in supply chain risk management, acquisitions, law, or information and communications technology."; and
(iv) by amending subparagraph (B) to read as follows:
"(B) Functions.--A member of the Council shall--
"(i) regularly participate in the activities of the Council;
"(ii) ensure that any information requested by the Council from the agency represented by the member is provided to the Council; and
"(iii) ensure that the head of the agency represented by the member and other appropriate personnel of the agency are aware of the activities of the Council.";
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
"(1) In general.--The President shall a designate a member of the Council to serve as Chairperson of the Council."; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking "(b)(1)(H)" and inserting "(b)(1)(C)(viii)"; and
(ii) in subparagraph (C), by striking "lead representative of each agency represented on the Council" and inserting "members of the Council"; and
(4) in subsection (d)--
(A) by striking "The Council" and inserting the following:
"(1) Council meetings.--The Council"; and
(B) by adding at the end the following:
"(2) Other meetings.--The Chairperson of the Council shall meet, not less frequently than semiannually, with--
"(A) the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence; or
"(B) in the case that any of the officials under subparagraph (A) delegated authority to an official under section 1323(c)(6)(C), with the delegated official.".
(c) Functions and Authorities.--Section 1323 of title 41, United States Code is amended--
(1) in subsection (a)--
(A) by striking "supply chain" each place it appears and inserting "acquisition security and supply chain";
(B) in paragraph (1), as amended by subparagraph (A), by striking ", particularly" and inserting "that arise";
(C) in paragraph (2), as amended by subparagraph (A), by inserting "associated with the acquisition and use of covered articles" after "risk";
(D) in paragraph (6), as amended by subparagraph (A)--
(i) by striking "posed by" and inserting "associated with"; and
(ii) by inserting "and use" before "of covered articles";
(E) in paragraph (7), as amended by subparagraph (A), by striking "posed by acquisitions" and inserting "associated with the acquisition";
(F) by redesignating paragraph (7) as paragraph (12); and
(G) by inserting after paragraph (6) the following:
"(7) Implementing a prioritization scheme for evaluating the security risks associated with the acquisition and use of covered articles provided or produced by a covered source of concern.
"(8) Evaluating each covered source of concern to determine whether to issue a designated order with respect to the covered source of concern or a covered article produced or provided by the covered source of concern.
"(9) Evaluating sources of concern to determine whether to issue a recommended order with respect to the source of concern, or any covered article produced or provided by the source of concern.
"(10) Monitoring and evaluating compliance by the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence with the requirement to issue designated orders under subsection (c)(6)(B).
"(11) Reporting to Congress annually on the security risks associated with the acquisition and use of covered articles produced or provided by sources of concern.";
(2) in subsection (b)--
(A) by striking "The Council" and inserting the following:
"(1) In general.--The Council"; and
(B) in paragraph (1), as so redesignated, by striking "a program office and"; and
(C) by adding at the end the following:
"(2) Federal acquisition security council program office.--
"(A) Establishment.--The President shall establish a Federal Acquisition Security Council Program Office (referred to in this paragraph as the `Program Office') within the Executive Office of the President to carry out the duties described under subparagraph (B).
"(B) Duties.--The Program Office shall provide to the Council, including any committees, working groups, or other constituent bodies established by the Council under paragraph (1)--
"(i) administrative, legal, and policy support; and
"(ii) analysis and subject matter expertise on information communications technology, acquisition security, and supply chain risk.
"(C) Structure.--The head of the Program Office shall be designated by the Chairperson of the Council.
"(D) Prohibition.--The Program Office may not provide administrative support to the Council for any activities of the Council carried out pursuant to a provision of law other than a provision of law under this subchapter.
"(E) Funding and resources.--The Program Office may use the staff and resources of the Executive Office of the President or maintain dedicated staff and resources, as appropriate, in the performance of the duties of the Office.
"(F) Shared staffing authority.--
"(i) In general.--The Program Office may accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C.
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3003)) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years.
"(ii) Rule of construction.--Nothing in this subparagraph may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details.
"(iii) Nonreimbursable detail.--A nonreimbursable detail made under this subparagraph shall not be considered an augmentation of the appropriations of the receiving element of the Program Office.";
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking "supply chain risk" and inserting "acquisition security and supply chain risk associated with the acquisition of covered articles";
(ii) in subparagraph (A), by striking "exclusion orders" and inserting "recommended orders";
(iii) in subparagraph (B), by striking "removal orders" and inserting "recommended orders";
(iv) in subparagraph (C), by striking "; and" and inserting a semicolon;
(v) in subparagraph (D), by striking the period at the end and inserting "; and"; and
(vi) by adding at the end the following:
"(E) issuing designated orders.";
(B) in paragraph (2)--
(i) in the heading, by striking "Recommendations" and inserting "Recommended orders";
(ii) by striking "use" and inserting ", using";
(iii) by striking "subsection (a)(3)" and inserting "subsection (a)(4)";
(iv) by striking "to issue recommendations" and inserting ", recommend orders";
(v) by striking "Such recommendations" and inserting "Any such order recommended";
(vi) by inserting "to the officials described under clause (iii) of paragraph (6)(A) for issuance under such paragraph" after "thereof,";
(vii) in subparagraph (D), by striking "supply chain risk" and inserting "acquisition security and supply chain risk associated with the acquisition of covered articles"; and
(viii) in subparagraph (E), by striking "exclusion or removal";
(C) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8);
(D) by inserting after paragraph (2) the following:
"(3) Designated orders.--
"(A) Exclusion or removal of covered sources of concern.--
"(i) In general.--Not later than 270 days after a source of concern is designated as a covered source of concern, the Council--
"(I) shall provide to the officials described under clause (iii) of paragraph (6)(B) for issuance under such paragraph orders requiring--
"(aa) the exclusion of the covered source of concern from any executive agency procurement action, including source selection and consent for a contractor; or
"(bb) the removal of covered articles produced or provided by the covered source of concern from the information system of executive agencies; or
"(II) report to Congress why the Council has determined to not issue an order described under subclause (I) with respect to the covered source of concern or covered articles produced or provided by the covered source of concern.
"(ii) Contents of order.--Any order provided under clause (i)(I) shall include--
"(I) information regarding the scope and applicability of the order, including any information necessary to positively identify the covered source of concern or covered articles produced or provided by the covered source of concern required to be excluded or removed under the order;
"(II) a summary of any risk assessment reviewed or conducted in support of the order;
"(III) a summary of the basis for the order, including a discussion of less intrusive measures that were considered and why such measures were not reasonably available to reduce security risk;
"(IV) a description of the actions necessary to implement the order; and
"(V) where practicable, in the Council's sole and unreviewable discretion, a description of mitigation steps that could be taken by the covered source of concern that may result in the Council rescinding the order.
"(B) Exclusion or removal of second order sources or covered articles.--
"(i) Issuance.--In the case that the Council provides an order under subparagraph (A)(i)(I), the Council may also provide an order to the officials described under paragraph (6)(A)(iii) requiring the exclusion of sources or covered articles from executive agency procurement actions or removal of covered articles from executive agency information systems if--
"(I) such covered articles or such sources use a covered source of concern in the performance of a contract with the executive agency; or
"(II) such sources enter into a contract, the performance of which such source knows or has reason to believe will require, in the performance of a contract with the executive agency, the use of a covered source of concern or the use of a covered article produced or provided by a covered source of concern.
"(ii) Effective date considerations.--Any effective date prescribed by the Council for an order issued pursuant to clause (i) shall take into account--
"(I) the risk posed by the covered source of concern or the covered article produced or provided by the covered source of concern to the national security of the United States;
"(II) the likelihood of the covered source of concern or the covered article produced or provided by the covered source of concern causing imminent threat to public health and safety;
"(III) the availability of an alternative source or covered article produced or provided by an alternative source; and
"(IV) an assessment of the potential direct or quantifiable costs that may be incurred by the Federal Government, a State, local, or Tribal government, or by the private sector, as a result of compliance by the head of an executive agency with such an exclusion or removal order.";
(E) in paragraph (4), as so redesignated--
(i) in the heading, by striking "of recommendation and review" and inserting "and review of recommended orders and designated orders";
(ii) by striking " the recommendation" each place the term appears and inserting " the order";
(iii) in the matter preceding subparagraph (A), by striking "A notice of the Council's recommendation under paragraph (2)" and inserting "Before the Council recommends an order under paragraph (2) or issues an order under paragraph (3), a notice";
(iv) in subparagraph (A), by striking "a recommendation has been made" and inserting "the order will be recommended or issued"; and
(v) in subparagraph (D), by striking "paragraph (5)" and inserting "paragraph (6)".
(F) in paragraph (5), as so redesignated--
(i) by striking "Any notice" and inserting the following:
"(A) In general.--Any notice";
(ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and indenting such clauses 2 ems to the right;
(iii) in subparagraph (A), by striking "paragraph (3)" and inserting "paragraph (4)";
(iv) in clause (i), as so redesignated, by striking "paragraph (5)" and inserting "paragraph (6)";
(v) in clause (ii), as so redesignated, by striking "paragraph (6)" and inserting "paragraph (7)"; and
(vi) by adding at the end the following new subparagraph:
"(B) Information collected.--Until an order is issued pursuant to paragraph (6), any information collected under paragraph (4) shall be exempt from public disclosure and shall be exempt from disclosure under section 552(b)(3)(B) of title 5, United States Code (commonly referred to as the `Freedom of Information Act').";
(G) in paragraph (6), as so redesignated--
(i) by amending subparagraph (A) to read as follows:
"(A) Issuance of recommended orders.--
"(i) Modifications to order.--After considering any response properly submitted by a source under paragraph (4) related to an order to be recommended under paragraph (2), the Council shall--
"(I) make such modifications to the order as the Council considers appropriate; and
"(II) provide the order (together with any information submitted by a source under paragraph (4) related to such order) to the officials described under clause (iii).
"(ii) Order.--Not later than 90 days after receiving a recommended order, the officials described under clause (iii) shall--
"(I) issue the order to the heads of the applicable agencies; or
"(II) submit a notification to the Council that the order will not be issued, that includes in the notification to the Council all the reasons for why the order will not be issued.
"(iii) Officials.--The officials described in this clause are as follows:
"(I) The Secretary of Homeland Security, for exclusion and removal orders applicable to civilian agencies, to the extent not covered by subclause (II) or (III).
"(II) The Secretary of Defense, for exclusion and removal orders applicable to the Department of Defense and national security systems other than sensitive compartmented information systems.
"(III) The Director of National Intelligence, for exclusion and removal orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by subclause (II).";
(ii) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively;
(iii) by inserting after subparagraph (A) the following:
"(B) Issuance of designated order.--
"(i) Modifications.--After considering any response properly submitted by a source under paragraph (4) related to a designated order, the Council shall--
"(I)(aa) make any such modifications to the order as the Council considers appropriate; or
"(bb) if the Council determines that the issuance of a designated order is not warranted, rescind the designated order and notify the source of the rescission; and
"(II) except in the case that the Council rescinds the designated order under subclause (I)(bb), provide the designated order (including any modifications made to such order by the Council) to the officials described in clause (iii).
"(ii) Issuance.--The officials described in clause (iii) shall, not later than 90 days after receiving a designated order, issue the order to the heads of the applicable agencies.
"(iii) Officials.--The officials described in this clause are as follows:
"(I) The Secretary of Homeland Security, for exclusion and removal orders applicable to civilian agencies, to the extent not covered by subclause (II) or (III).
"(II) The Secretary of Defense, for exclusion and removal orders applicable to the Department of Defense and national security systems other than sensitive compartmented information systems.
"(III) The Director of National Intelligence, for exclusion and removal orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by subclause (II).
"(iv) Waiver.--An official described under clause (iii) may waive for a period of not more than 365 days the application of an order issued by such official under clause (ii) with respect to a covered source of concern or a covered article produced or provided by a covered source of concern if the official submits, not later than 30 days after making such waiver, a written notification to the Council, the appropriate congressional committees, and leadership that contains the justification for such waiver.
"(v) Renewal of waiver.--An official described under clause (iii) may renew a waiver under clause (iv) for an additional period of not more than 180 days if--
"(I) the renewal of the waiver is in the national security interests of the United States; and
"(II) the official submits, not later than 30 days after renewing such waiver, a written notification to the Council, appropriate congressional committees, and leadership that includes the justification for renewing the wavier.
"(vi) National security waiver.--An official described under clause (iii) may waive the application of an order issued by such official under clause (ii) with respect to a covered source of concern or a covered article produced or provided by a covered source of concern for any
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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.
"(vii) Rescission of order.--An exclusion or removal order issued under this subparagraph by an official may be rescinded only by the Council.".
(iv) in subparagraph (C), as so redesignated--
(I) by striking "subparagraph (A)" and inserting "subparagraph (A)(iii) or (B)(iii)";
(II) by striking "this subparagraph" and inserting "subparagraph (A)(iii) or (B)(iii)"; and
(III) by striking ", except" and all that follows before the period at the end;
(v) in subparagraph (D), as so redesignated--
(I) by striking "this paragraph" and inserting "subparagraph (A)(iii) or (B)(iii)"; and
(II) by striking "help";
(vi) in subparagraph (E), as so redesignated, by striking "this paragraph" and inserting "subparagraph (A)"; and
(vii) by adding after subparagraph (F), as so redesignated, the following:
"(G) Effective date of orders.--The effective date of an order issued under this paragraph may not be more than 365 days after the order is issued.";
(H) in paragraph (7), as so redesignated, by striking "paragraph (5)(A)" and inserting "subparagraph (A) or (B) of paragraph (6)"; and
(I) in paragraph (8), as so redesignated, by striking "paragraph (5)" and inserting "paragraph (6)";
(4) in subsection (e), by inserting "the Chief Data Officers Council," before "the Chief Acquisition"; and
(5) in subsection (f)(2), by striking the period at the end and inserting "unless such source is specifically designated by statute as a covered source of concern for the purposes of this subchapter.".
(d) Strategic Plan.--Section 1324(a) of title 41, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ", and periodically thereafter" after "2018"; and
(B) by inserting "acquisition security and" before "supply chain risks";
(2) in paragraph (8), by inserting "acquisition security and" before "supply chain risks"; and
(3) in paragraph (9)(A), by inserting "acquisition security and" before "supply chain risk".
(e) Requirements for Executive Agencies.--Section 1326 of title 41, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking "; and" and inserting a semicolon;
(B) in paragraph (2), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(3) providing any information requested by the Chairperson of the Council for the purpose of carrying out activities of this subchapter, subject to applicable law or policy on the control and handling of classified, sensitive, or proprietary information.";
(2) by striking "supply chain" each place such term appears and inserting "security and supply chain"; and
(3) in subsection (b)(6), by striking "supply chain" and inserting "security or supply chain".
(f) Judicial Procedure.--Section 1327(b) of title 41, United States Code, is amended--
(1) in paragraph (1), by striking "section 1323(c)(6)" and inserting "section 1323(c)(7)";
(2) in paragraph (3), by striking "section 1323(c)(5)" and inserting "sections 1323(c)(6)"; and
(3) in paragraph (4), by amending subparagraph (B)(i) to read as follows:
"(i) Filing of record.--The United States shall file with the court an administrative record, which shall consist of--
"(I) the information the Council relied upon in issuing a designated order under 1323(c)(6); and
"(II) the information that the appropriate official relied upon in issuing an exclusion or removal order under section 1323(c)(6) or a covered procurement action under section 4713.".
(g) Additional Provisions.--Subchapter III of chapter 13 of title 41, United States Code, is amended by adding at the end the following:
"Sec. 1329. Additional provisions
"(a) Compliance With Existing Prohibitions.--In implementing this subchapter, the Council shall coordinate, as applicable and practicable, with the head of an agency to assist with compliance by the agency with--
"(1) section 889 of the John S. McCain National Defense Authorization Act of 2019 (Public Law 115-232; 41 U.S.C. 3901 note prec.);
"(2) section 5949 of the James M. Inhofe National Defense Authorization Act of 2023 (Public Law 117-263; 41 U.S.C. 4713 note); and
"(3) sections 1821 through 1833 of the American Security Drone Act of 2023 (Public Law 118-31; 41 U.S.C. 3901 note prec.).
"(b) Update to Regulations.--The Federal Acquisition Security Council shall update, within two years after the date of the enactment of this section, any regulations of the Council as necessary.".
(h) Reallocating Existing Resources.--Section 5949(l)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 41 U.S.C. 4713 note) is amended by inserting before the period at the end the following: "and the Federal Acquisition Security Council Program Office established under section 1323(b)(2) of title 41, United States Code".
(i) Technical and Conforming Changes.--Subchapter III of chapter 13 of title 41, United States Code, is amended--
(1) in the table of sections for the subchapter by adding after the item related to section 1328 the following:
"1329. Additional provisions."; and (2) by striking "of this title" each place the term appears. ______
SA 6087. Ms. ALSOBROOKS (for herself, Mr. Kim, Mr. Kelly, Mr. Van Hollen, Mr. Padilla, and Mr. Hickenlooper) 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:
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Strike section 1078.
______
SA 6088. Mr. FETTERMAN (for himself and Mr. Budd) 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:
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At the end of title G, add the following:
Subtitle H--National Programmable Cloud Laboratories Network
SEC. ___1. SHORT TITLE.
This subtitle may be cited as the "National Programmable Cloud Laboratories Network Act of 2025".
SEC. ___2. DEFINITIONS.
(a) Definitions.--In this subtitle:
(1) Artificial intelligence.--The term "artificial intelligence" has the meaning given such term in section 5002 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 9401).
(2) Biological data.--The term "biological data" means the information, including associated descriptors, derived from the structure, function, or process of a biological system that is either measured, collected, or aggregated for analysis.
(3) Director.--Unless otherwise provided, the term "Director" means the Director of the National Science Foundation.
(4) Institution of higher education.--The term "institution of higher education" has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(5) Network.--The term "Network" means the National Programmable Cloud Laboratories Network.
(6) Node.--The term "node" means a programmable cloud laboratory designated as part of the Network.
(7) Non-designated laboratory.--The term "non-designated laboratory" means any Federal, academic, nonprofit, or private industry programmable cloud laboratory not selected as a node under section ___4.
(8) Programmable cloud laboratory.--The term "programmable cloud laboratory"
means a physical laboratory that is equipped with research instrumentation and advanced manufacturing capabilities, including robotics and artificial intelligence, that can be securely and remotely programmed and controlled in order to conduct experiments and collect associated data.
SEC. ___3. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be appropriated to carry out the activities under this subtitle--
(1) $30,000,000 for fiscal year 2026;
(2) $30,000,000 for fiscal year 2027;
(3) $30,000,000 for fiscal year 2028;
(4) $30,000,000 for fiscal year 2029; and
(5) $30,000,000 for fiscal year 2030.
(b) Derivation of Funds.--Amounts made available to carry out this subtitle shall be derived from amounts appropriated or otherwise made available to the National Science Foundation.
SEC. ___4. NATIONAL PROGRAMMABLE CLOUD LABORATORIES NETWORK.
(a) Purposes.--The purposes of the Network established under this subtitle are--
(1) to maintain leadership by the United States in advanced experimentation, biotechnology, laboratory automation, and artificial intelligence for scientific research, advanced manufacturing, long-term economic competitiveness, and national security;
(2) to reduce the cost of federally funded research through automation and reproducibility;
(3) to accelerate national competitiveness by transferring government-funded research to private-sector commercial applications;
(4) to improve collaboration among federally funded national laboratories, institutions of higher education, and private industry;
(5) to ensure that investment in programmable cloud laboratories results in measurable cost savings, efficiencies, and long-term fiscal sustainability;
(6) to incentivize private-sector cost-sharing in research infrastructure and equipment;
(7) to support workforce development aligned with the technical needs of industry in the United States;
(8) to provide funding for nodes;
(9) to advance the development of a domestic industrial base for scientific automation tools, biotechnology, artificial intelligence systems for experimentation, and robotics platforms for use in laboratory settings; and
(10) to further programmable cloud laboratory research in areas such as materials science, biotechnology, chemistry, and other scientific or engineering disciplines where automation and cloud-enabled experimentation can deliver transformative results, including advanced materials synthesis and characterization, scalable biotechnology experimentation, and high-throughput chemical catalyst development.
(b) Establishment; Awards.--
(1) In general.--
(A) Establishment.--Not later than 1 year after the date of enactment of this subtitle, the Director, in consultation with the Director of the National Institute of Standards and Technology, shall designate and oversee a National Programmable Cloud Laboratories Network of not more than 6 nodes to support secure, standards-based, and cost-effective remote experimentation and automated research.
(B) Awards.--The Director shall award a grant to each node, in an amount not greater than $5,000,000 per fiscal year for a period of not more than 5 years, to support the National Programmable Cloud Laboratories Network.
(2) Assessment sequencing.--The assessment required under section ___6 shall be conducted only after the final designation of nodes under paragraph (1).
(3) Nodes.--The Network shall consist of nodes that--
(A) enable programmable workflows and automated science;
(B) provide access to advanced scientific and manufacturing instruments, including artificial intelligence-enabled tools;
(C) collaborate to establish and adopt common standards, protocols, and best practices; and
(D) support interoperability across and between nodes.
(c) Application and Selection.--
(1) In general.--The Director shall issue a public solicitation for eligible entities to apply for node designation.
(2) Eligible entities.--Eligible entities that may apply for designation as a node include--
(A) institutions of higher education;
(B) nonprofit research organizations;
(C) private sector research entities; and
(D) consortia or collaborations of the entities described in subparagraphs (A) through (C).
(d) Applications for Designation.--An eligible entity that desires to apply for designation as a node in the Network shall submit an application to the Director at such time and in such manner as the Director may require. The application shall include--
(1) a technical and programmatic plan for laboratory operations, automation capabilities, and data integration;
(2) a plan to achieve long-term self-sustainability, including metrics, interim milestones, and a timeline for reducing reliance on Federal funding; and
(3) evidence of non-Federal cost share, private capital, or other third-party contributions demonstrating self-sustainability potential.
(e) Evaluation of Applicants.--The Director shall ensure that the process for selecting eligible entities for designation in the Network is competitive, merit-based, and transparent, through the evaluation of, with respect to each entity--
(1) pre-existing laboratory infrastructure and suitability for automated science;
(2) capacity to support distributed, cloud-enabled programmable workflows for multiple users;
(3) likelihood of achieving long-term sustainability without continued Federal funding;
(4) demonstrated ability to collaborate with other nodes, academic partners, industry partners, or other Federal research agencies (as defined in section 10002 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 18901));
(5) protocols for research security, cybersecurity, and responsible access; and
(6) demonstration of user interest and research needs.
(f) Designation.--In designating nodes, the Director shall--
(1) give preference to applicants demonstrating meaningful third-party cost share and pre-existing infrastructure; and
(2) to the extent practicable, ensure that at least 1 node demonstrates the capability to support cloud-enabled biotechnology research, including automated experimentation or quality control workflows.
(g) Responsibilities.--Each node selected by the Director shall--
(1) support the purposes described in subsection (a)(9);
(2) facilitate collaboration among Network members to expand and integrate automated science capabilities and best practices;
(3) actively participate with the Director of the National Institute of Standards and Technology in developing network-wide interoperability, data-sharing, cybersecurity, and artificial intelligence-assisted experimentation standards;
(4) support secure sharing of experimental data, including biological data, models, and results across institutions of higher education participating in the Network, if applicable;
(5) provide a secure digital infrastructure to enable remote experimentation, artificial intelligence-assisted analysis, and reproducible science;
(6) engage in public-private partnerships to streamline the transfer of technology developed using Network infrastructure;
(7) develop and maintain a financial sustainability plan to reduce long-term reliance on Federal funds, including through user fees, licensing, consortia membership, or other revenue-generating models;
(8) establish performance metrics, including scientific output, cost-effectiveness, academic engagement, private-sector engagement, user satisfaction, and reproducibility of results; and
(9) where practicable, leverage commercially available hardware and software solutions to minimize cost and accelerate deployment of automated science capabilities.
SEC. ___5. INTERAGENCY COLLABORATION.
Not later than 180 days after all nodes of the Network are designated, the Director of the National Institute of Standards and Technology, in cooperation with the Director and participating eligible entities (including institutions of higher education), shall--
(1) develop and promulgate standards to ensure interoperability across Network nodes, including laboratory instrumentation, data infrastructure, communication protocols, and experiment execution systems;
(2) establish protocols for secure, seamless, and standardized data-sharing among all members of the Network, including sharing of biological data, aligned with node-level cybersecurity and research security protocols;
(3) define minimum technical requirements and operating procedures to support remote experimentation, experiment reproducibility, and artificial intelligence-assisted workflows; and
(4) periodically update such standards in consultation with private sector partners and nodes of the Network to reflect advancements in hardware, software, and automation technology.
SEC. ___6. ASSESSMENT OF NON-DESIGNATED LABORATORIES.
(a) Assessment Requirement.--Not later than 180 days after the Director designates the final node of the Network under section ___4, the Director, in consultation with the Secretary of Energy and the Director of the National Institute of Standards and Technology, shall conduct and submit to the appropriate committees of Congress, a comprehensive assessment of non-designated laboratories.
(b) Scope.--The assessment shall identify, to the extent practicable--
(1) Federal laboratories, institutions of higher education, nonprofit organizations, and private-sector laboratories that possess or are developing programmable, automated, or remotely accessible research infrastructure;
(2) the instrumentation, automation, and data capabilities of such laboratories;
(3) cybersecurity and research security measures relevant to interoperability;
(4) existing or potential pathways for such laboratories to coordinate with Network nodes in areas such as data-sharing, standards adoption, or pilot interoperability projects; and
(5) legal, contractual, or intellectual property considerations that may affect participation in the Network.
(c) Confidentiality and Security.--Proprietary information shall be protected from public disclosure consistent with applicable law. The Director shall publish a nonproprietary public summary of the assessment and may submit a proprietary annex to the congressional committees of jurisdiction.
SEC. ___7.
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REPORTING AND OVERSIGHT.
(a) Annual Briefings.--Not later than 1 year after the date of enactment of this subtitle, and annually thereafter, the Director shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives on the status of the Network.
(b) Contents.--Each briefing required under subsection (a) shall include an assessment of--
(1) the alignment of supported research with national scientific and economic priorities;
(2) the progress each node of the Network has made toward achieving self-sustainability as described in section ___4(d)(2); and
(3) the performance metrics established in section ___4(g)(8).
SEC. ___8. SUNSET.
The National Programmable Cloud Laboratories Network, including all authorities, programs, and funding provided under this subtitle, shall terminate on September 30, 2031.
______
SA 6089. Mr. COONS (for himself 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:
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At the appropriate place, insert the following:
SEC. ___. VOICE AND VISUAL LIKENESS RIGHTS.
(a) Definitions.--In this section:
(1) Digital fingerprint.--The term "digital fingerprint" means an electronic label or identifier created by a cryptographic hash function (or similar function), or any other digital process, tool, or technique selected by the provider of an online service, that is unique to a specific piece of material such that it is effectively certain that such piece of material will not be misidentified as a match for a different piece of material.
(2) Digital replica.--The term "digital replica"--
(A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that--
(i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission--
(I) in which the actual individual did not actually perform or appear; or
(II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and
(B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.
(3) Individual.--The term "individual" means a human being, living or dead.
(4) Interactive computer service.--The term "interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically--
(A) a service or system that provides access to the internet; and
(B) such systems operated, or services offered, by libraries or educational institutions.
(5) Online service.--The term "online service"--
(A) means--
(i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material;
(ii) any digital music provider to which section 115 of title 17, United States Code, applies, to the extent that the digital music provider provides public access to a significant amount of sound recordings that are predominantly the fixation of sounds of a performance of a musical composition and are user uploaded material, if that digital music provider is not covered under clause (i); and
(iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, aggregator of visual and audiovisual works for licensing, or website hosting service or any other interactive computer service that is not covered under clause (i), and is not a digital music provider to which section 115 of title 17, United States Code, applies, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and
(B) does not include any website, online application, mobile application, virtual reality environment, application store, cloud storage service, or search engine, if the primary function of that website, online application, mobile application, virtual reality environment, application store, cloud storage service, or search engine is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).
(6) Right holder.--The term "right holder" means--
(A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and
(B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).
(7) Sound recording artist.--The term "sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.
(8) User uploaded material.--The term "user uploaded material"--
(A) means material, such as a video, image, audio file, or other similar material, that is placed on a service directly by, or at the direction of, a consumer end user of a service; and
(B) does not include material that is--
(i) embodied in a video game; and
(ii) generated or customized by a consumer end user of that video game.
(b) Digital Replication Right.--
(1) In general.--Subject to the other provisions of this section, each individual or right holder shall have the right to authorize--
(A) the use of a digital replica embodying the voice or visual likeness of the individual; or
(B) the use of the voice or visual likeness of the individual in connection with a product or service for which authorization of the individual or right holder is required to avoid liability with respect to an activity described in subsection (c)(2)(B).
(2) Nature of right.--
(A) In general.--The right described in paragraph (1) shall have the following characteristics:
(i) The right is--
(I) a property right;
(II) not assignable during the life of the individual, including through involuntary transfer, such as by means of bankruptcy, levy, lien enforcement, court order, or other legal process; and
(III) licensable, in whole or in part, exclusively or non-exclusively, by the right holder.
(ii) The right shall not expire upon the death of the individual, without regard to whether the right is commercially exploited by the individual during the lifetime of the individual.
(iii) Upon the death of the individual--
(I) the right is transferable and licensable, in whole or in part, by the executors, heirs, assignees, licensees, or devisees of the individual; and
(II) ownership of the right may be--
(aa) transferred, in whole or in part, by any means of conveyance or by operation of law; and
(bb) bequeathed by will or pass as personal property by the applicable laws of intestate succession.
(iv)(I) The right shall be exclusive to--
(aa) the individual, subject to the licensing of the right during the lifetime of that individual under subparagraph (B); and
(bb) the right holder--
(AA) for a period of 10 years after the death of the individual; and
(BB) if the right holder demonstrates active and authorized public use of the voice or visual likeness of the individual in interstate or foreign commerce during the 2-year period preceding the expiration of the 10-year period described in subitem (AA), for an additional 5-year period, subject to renewal for additional 5-year periods, provided the right holder can demonstrate authorized public use of the voice or visual likeness of the individual in interstate or foreign commerce during the 2-year period preceding the expiration of each additional 5-year period.
(II) The commercial availability of a sound recording or audiovisual work in which the voice or visual likeness of an individual is readily identifiable shall constitute active and authorized public use of that voice or visual likeness for the purposes of subclause (I)(bb)(BB).
(v) The right shall terminate on the date that is the earlier of--
(I) the date on which the 10-year period or 5-year period described in clause (iv)(I)(bb) terminates without renewal; or
(II) the date that is 70 years after the death of the individual.
(B) Requirements for license.--
(i) In general.--A license described in subparagraph (A)(i)(III)--
(I) while the applicable individual is living, is valid only to the extent that the license duration does not exceed 10 years; and
(II) shall be valid only if the license agreement--
(aa) is in writing and signed by--
(AA) the applicable individual; or
(BB) in the case of a deceased individual, the right holder or an authorized representative of the right holder; and
(bb) includes a reasonably specific description of the intended uses of the applicable digital replica.
(ii) Licenses involving a minor.--A license described in subparagraph (A)(i)(III) involving a living individual who is younger than 18 years of age--
(I) is valid only to the extent that the license duration does not exceed 5 years, but in any case terminates when the individual reaches 18 years of age; and
(II) shall be valid only if the license agreement--
(aa) is in writing and signed by the individual or an authorized representative of the individual;
(bb) includes a reasonably specific description of the intended uses of the digital replica; and
(cc) is approved by a court in accordance with applicable State law.
(iii) Collective bargaining agreements.--The provisions of clauses (i) and (ii) shall not apply with respect to a license if the license is governed by a collective bargaining agreement that addresses digital replicas.
(iv) Limitation.--The provisions of clauses (i) and (ii) shall not affect terms and conditions of a license or related contract other than those described in this subparagraph, and the expiration of that license shall not affect the remainder of the license or related contract.
(C) Requirements for post-mortem transfer.--A post-mortem transfer or license described in subparagraph (A)(iii)(I) shall be valid only if the transfer agreement or license agreement is in writing and signed by the right holder or an authorized representative of the right holder.
(D) Registration for post-mortem renewal.--
(i) In general.--The renewal of a post-mortem right under subparagraph (A)(iv)(I)(bb)(BB) shall be effective if, during the applicable 2-year renewal period described in that subparagraph, the right holder files a notice with the Register of Copyrights that complies with such requirements regarding form and filing procedures as the Register of Copyrights may prescribe by regulation, which shall include--
(I) the name of the deceased individual;
(II) a statement, under penalty of perjury, that the right holder has engaged in active and authorized public use of the voice or visual likeness in interstate or foreign commerce during the applicable 2-year period;
(III) the identity of and contact information for the right holder; and
(IV) such other information as the Register of Copyrights may prescribe by regulation.
(ii) Directory.--The Register of Copyrights--
(I) shall--
(aa) maintain a current directory of post-mortem digital replication rights registered under this subparagraph; and
(bb) make the directory described in item (aa) available to the public for inspection online; and
(II) may require payment of a reasonable filing fee by the right holder filing notice under clause (i), which may take into consideration the costs of maintaining the directory described in subclause (I) of this clause.
(iii) Voluntary initial registration.--
(I) In general.--A right holder may voluntarily register the post-mortem right under subparagraph (A)(iv)(I)(bb)(AA) by filing a notice with the Register of Copyrights that complies with such requirements regarding form, content, and filing procedures as the Register of Copyrights may prescribe by regulation.
(II) Authority of register of copyrights.--The Register of Copyrights may--
(aa) include a voluntary registration of the post-mortem right under subparagraph (A)(iv)(I)(bb)(AA) in the directory maintained under clause (ii)(I)(aa) of this subparagraph; and
(bb) require payment of a reasonable filing fee by a right holder registering a right under this clause, which may take into consideration the costs of maintaining the directory.
(iv) Initial post-mortem registration for individuals deceased 8 years or longer as of
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date of enactment.--Notwithstanding any other provision of this paragraph--
(I) with respect to an individual who died not fewer than 10 years before the date of enactment of this Act, the applicable right holder may, not later than 90 days after the effective date of this section, voluntarily register the post-mortem right under subparagraph (A)(iv)(I)(bb)(BB) by filing with the Register of Copyrights a notice that complies with such requirements as the Register of Copyrights may prescribe by regulation under clause (i), if the right holder demonstrates the required authorized public use of the voice or visual likeness of the individual in interstate or foreign commerce during the 2-year period preceding the date of enactment of this Act, subject to protection during the periods of exclusivity and termination under clauses (iv) and (v) of subparagraph (A); and
(II) with respect to an individual who died not fewer than 8, and fewer than 10, years before the date of enactment of this Act, the applicable right holder may file a notice under clause (i) or subclause (I) of this clause.
(v) Authority of register of copyrights.--The Register of Copyrights may make such interpretations and resolve such ambiguities as may be appropriate to carry out this subparagraph.
(E) Post-expiration or termination utilization of authorized uses.--A digital replica that is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission, and the use of which is authorized pursuant to the terms of a license, may continue to be utilized in a manner consistent with the terms of that license after the expiration or termination of the license.
(c) Liability.--
(1) In general.--Any individual or entity that, in a manner affecting interstate or foreign commerce (or using any means or facility of interstate or foreign commerce), engages in an activity described in paragraph (2) shall be liable in a civil action brought under subsection (e).
(2) Activities described.--An activity described in this paragraph is either of the following:
(A) The public display, distribution, transmission, or communication of, or the act of otherwise making available to the public, including by acting as a third party commercial supplier of sound recordings to a digital music provider, a digital replica without authorization by the applicable right holder.
(B) Distributing, importing, transmitting, or otherwise making available to the public a product or service that--
(i) is primarily designed to produce 1 or more digital replicas of a specifically identified individual or individuals without the authorization of--
(I) such individual or individuals; (II) the applicable right holder; or (III) the law;
(ii) has only limited commercially significant purpose or use other than to produce a digital replica of a specifically identified individual or individuals without the authorization of--
(I) such individual or individuals; (II) the applicable right holder; or (III) the law; or
(iii) is marketed, advertised, or otherwise promoted by the individual or entity described in paragraph (1), or another individual or entity acting in concert with the individual or entity described in paragraph (1) with the knowledge of the individual or entity described in paragraph (1), as a product or service designed to produce a digital replica of a specifically identified individual or individuals without the authorization of--
(I) such individual or individuals; (II) the applicable right holder; or (III) the law.
(3) Notice or knowledge required.--To incur liability under this subsection, the following shall apply:
(A)(i) With respect to an activity carried out under paragraph (2) by the provider of an online service described in clause (ii), the designated agent with respect to the provider must have received a notification that satisfies the requirements under subsection (d)(3), or a court order stating, or must have willfully avoided receipt of such a notification or court order, that the applicable material is--
(I) a digital replica, the use of which was not authorized by the applicable right holder; or
(II) a product or service described in paragraph (2)(B).
(ii) An online service described in this clause is an online service that is--
(I) described in subsection (a)(5)(A)(i);
(II) described in subsection (a)(5)(A)(ii), with respect to sound recordings that are predominantly the fixation of sounds of a performance of a musical composition and are user uploaded material; or
(III) described in subsection (a)(5)(A)(iii), with respect to material placed on that online service by or at the direction of a third party.
(B) With respect to an activity carried out under paragraph (2) by an individual or entity that is not an online service, or an activity carried out under paragraph (2) by the provider of an online service that is not described in subparagraph (A)(ii), the individual or entity must have actual knowledge, or must willfully avoid having such knowledge, that the applicable material is--
(i) a digital replica, the use of which was not authorized by the applicable right holder; or
(ii) a product or service described in paragraph (2)(B).
(4) Exclusions.--Liability under this subsection shall not extend to--
(A) a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enable the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service;
(B) a provider of an online service described in paragraph (3)(A)(ii) alleged to have undertaken an activity described in paragraph (2) if--
(i) it is not technologically or practically feasible for that provider to disable access to the offending material, or disable the reference or link to that material, at the specific location identified in the applicable notification sent under subsection (d)(3); or
(ii) disabling access to the offending material is prohibited by law;
(C) a nonprofit library or archives--
(i) that is eligible for the limitations on exclusive rights under section 108 of title 17, United States Code;
(ii) the collections of which are--
(I) open to the public; or
(II) available not only to researchers affiliated with the library or archives, or with the institution of which the library or archives is a part, but also to other persons doing research in a specialized field;
(iii) that has a public service mission;
(iv) the trained staff or volunteers of which provide professional services normally associated with libraries and archives; and
(v) the collections of which are composed of lawfully acquired or licensed materials that are made available consistent with the requirements of title 17, United States Code;
(D) an accredited nonprofit educational institution with respect to an activity undertaken without any purpose of direct or indirect commercial advantage;
(E) an employee of an institution described in subparagraph (C) or (D) acting within the scope of the employment of that individual;
(F) any other person solely with respect to providing online or network access services to an institution described in subparagraph (C) or (D) in the course of providing those services to that institution; or
(G) an individual or entity that is not an online service, if, upon obtaining actual knowledge of an activity described in paragraph (2), the individual or entity acts as soon as technologically and practically feasible to remove or disable access to the applicable material.
(5) Additional exclusions.--
(A) In general.--An activity shall not be considered to be an activity described in paragraph (2) if--
(i) the applicable digital replica is used in a bona fide news, public affairs, or sports broadcast or account, provided that the digital replica is the subject of, or is materially relevant to, the subject of that broadcast or account;
(ii) the applicable digital replica is a representation of the applicable individual as the individual in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless--
(I) the use of that digital replica creates the false impression that the work is an authentic sound recording, image, transmission, or audiovisual work in which the individual participated; or
(II) the digital replica is embodied in a musical sound recording that is synchronized to accompany a motion picture or other audiovisual work, except to the extent that the use of that digital replica is protected by the First Amendment to the Constitution of the United States;
(iii) the applicable digital replica is used consistent with the public interest in bona fide commentary, criticism, scholarship, satire, or parody;
(iv) the use of the applicable digital replica is fleeting or negligible; or
(v) the applicable digital replica is used in an advertisement or commercial announcement for a purpose described in any of clauses (i) through (iv) and the applicable digital replica is relevant to the subject of the work so advertised or announced.
(B) Applicability.--Subparagraph (A) shall not apply where the applicable digital replica is used to depict sexually explicit conduct, as defined in section 2256(2)(A) of title 18, United States Code.
(6) Voluntary use of tools to remove or disable access.--The voluntary use of any tool to remove or disable access to content shall not alone confer actual knowledge of a particular violation of this section.
(d) Safe Harbors.--
(1) In general.--
(A) Products and services capable of producing digital replicas.--No individual or entity shall be directly or secondarily liable under this section for an activity described in subsection (c)(2)(A) by virtue of distributing, importing, transmitting, or otherwise making available to the public a product or service unless the product or service is a product or service described in subsection (c)(2)(B).
(B) Online services.--The provider of an online service shall not be liable for an activity that violates subsection (c), or for referring or linking to the material embodying an unauthorized digital replica or a product or service described in subsection (c)(2)(B), if--
(i) for the provider of an online service described in subsection (a)(5)(A)(iii) (other than a search engine or a search component of a service), the provider has adopted and reasonably implemented, and has informed users of the online service of, a policy that provides for the termination in appropriate circumstances of account holders of the online service that are repeat violators of subsection (c)(2), provided that the failure to terminate a particular account holder in accordance with that policy shall subject the provider of the online service to potential liability only with respect to violating content posted by that account holder; and
(ii)(I) upon receiving a notification that satisfies the requirements under paragraph (3), the provider--
(aa) removes or disables access to the work embodying the claimed unauthorized use of a digital replica or the product or service specifically identified in a notice sent under that paragraph, or, as applicable, the link or reference to the unauthorized use of a digital replica or product or service, as soon as is technologically and practically feasible for that provider;
(bb) for the provider of an online service described in subsection (a)(5)(A)(i), as soon as is technologically and practically feasible for that provider, removes or disables access to all other publicly available instances of the work embodying the claimed unauthorized use of a digital replica that--
(AA) match the digital fingerprint of an unauthorized use of a digital replica specifically identified in a notification sent under paragraph
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(3); and
(BB) are uploaded after valid, applicable notice was submitted to, and processed by, the provider;
(cc) for the provider of an online service described in subsection (a)(5)(A)(ii), with respect to sound recordings that are predominantly the fixation of sounds of a performance of a musical composition and are user uploaded material, as soon as is technologically and practically feasible for that provider, removes or disables access to all other publicly available instances of the work embodying the claimed unauthorized use of a digital replica that--
(AA) match the digital fingerprint of an unauthorized use of a digital replica specifically identified in a notification sent under paragraph (3); and
(BB) are uploaded after valid, applicable notice was submitted to, and processed by, the provider; and
(dd) takes reasonable steps to promptly notify the right holder, and the party that placed the material on the online service, that the online service removed or disabled access to the material; and
(II) the provider, in the case that the provider receives a counter-notification that satisfies the requirements under paragraph (4) and opts to replace the removed material or cease disabling access to that material--
(aa) takes reasonable steps to promptly provide the individual or entity that provided the applicable notification under paragraph (3) with a copy of the counter-notification; and
(bb) not less than 14 days after the date on which the provider receives that counter-notification, replaces the removed material or ceases disabling access to that material, unless an eligible plaintiff described in subsection (e) brings an action under that subsection, in which case the provider shall remove the material or disable access to the material as soon as is technologically and practically feasible for the provider.
(2) Designated agent.--
(A) Designation.--
(i) In general.--A provider of an online service described in clause (i) or (ii) of subsection (a)(5)(A) shall, and a provider of an online service that is described in subsection (a)(5)(A)(iii) and is eligible for registration may, register a designated agent in accordance with this paragraph.
(ii) Contents.--To designate an agent under clause (i), the provider of an online service shall make available through that online service, in a location accessible to the public, and provide to the Copyright Office, substantially the following information:
(I) The name, address, telephone number, and electronic mail address of the agent.
(II) Other contact information that the Register of Copyrights may determine appropriate.
(B) Directory.--The Register of Copyrights--(i) shall--
(I) maintain a current directory of designated agents for the purposes of this paragraph; and
(II) make the directory described in subclause (I) available to the public for inspection, including through the internet; and
(ii) may require payment of a fee by the provider of an online service to cover the costs of maintaining the directory described in clause (i)(I).
(C) Effect of failure to designate.--There shall be established a presumption that a provider of an online service described in subparagraph (A)(i) has not undertaken a good faith effort to comply with this subsection if the provider has failed to register a designated agent under this paragraph by the later of--
(i) the date that is 90 days after the effective date of this section; or
(ii) the date that is 90 days after the date on which the provider becomes a provider described in subparagraph (A)(i).
(3) Elements of notification.--To be effective under this subsection, a notification of a claimed violation of the right described in subsection (b) shall be a written communication provided to the designated agent registered under this subsection with respect to the applicable provider of an online service that includes the following:
(A) A physical or electronic signature of the right holder, an individual or entity authorized to act on behalf of the right holder, or an eligible plaintiff under subsection (e)(1).
(B) Identification of the individual, the voice or visual likeness of whom is at issue with respect to an unauthorized use of a digital replica or a product or service described in subsection (c)(2)(B).
(C) Identification of the material embodying an unauthorized use of a digital replica or a product or service described in subsection (c)(2)(B), including information sufficient to allow the provider to locate the identified material.
(D) Information reasonably sufficient to permit the provider to contact the notifying party, such as an address, telephone number, and email address.
(E) A statement that the notifying party believes in good faith that--
(i) the material is--
(I) a digital replica, the use of which is unauthorized; or
(II) a product or service described in subsection (c)(2)(B); and
(ii) the exclusions under subsection (c)(5) do not apply.
(F) If not the right holder or an eligible plaintiff under subsection (e)(1), a statement, under penalty of perjury, that the notifying party has the authority to act on behalf of the right holder.
(G) For the purposes of paragraph (1)(B), information reasonably sufficient to--
(i) identify the reference or link to the material or activity claimed to be or embodying an unauthorized use of a digital replica, or a product or service described in subsection (c)(2)(B), that is to be removed or to which access is to be disabled; and
(ii) permit the provider to locate the reference or link described in clause (i).
(4) Elements of counter-notification.--To be effective under this subsection, a counter-notification with respect to a notification provided under paragraph (3) shall be a written communication that satisfies the following:
(A) The counter-notification is provided--
(i) to the designated agent of the online service provider to which that notification was submitted under paragraph (3); and
(ii) by the party that placed the applicable material on the online service.
(B) The counter notification includes the following:
(i) A physical signature, witnessed or attested to in person by a licensed notary public, of the individual or entity that placed the applicable material on the online service.
(ii) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before the material was removed or access to the material was disabled.
(iii) Information that is reasonably sufficient to permit the provider of the online service and the individual or entity that provided the notification under paragraph (3) to contact the party providing the counter-notification, including an address, telephone number, and email address.
(iv) A statement made under penalty of perjury that the party providing the counter-notification has a good faith belief that the applicable material was removed, or access to that material was disabled, as a result of mistake or misidentification of the material to be removed or access to which was to be disabled, which shall include a specific assertion by the party providing the counter-notification that such material--
(I) is not a digital replica;
(II) is an authorized use of a digital replica; or
(III) is an unauthorized use of a digital replica that satisfies an exclusion under paragraph (4) or (5) of subsection (c), a limitation on liability under subsection (e)(3), or any other requirement with respect to a valid legal defense, which shall include a succinct explanation of how such material satisfies the applicable exclusion, limitation, or requirement.
(v) A statement that the individual or entity that placed the applicable material on the online service--
(I) consents to the jurisdiction of the district court of the United States for the judicial district in which the address provided under clause (iii) is located (or, if that address is outside of the United States, for any judicial district of the United States in which that individual or entity may be found); and
(II) will accept service of process from--
(aa) the individual or entity that provided notification under paragraph (3); or
(bb) an agent of the individual or entity described in item (aa).
(5) Penalties for false or deceptive notice.--
(A) Knowing material representations.--
(i) In general.--It shall be unlawful to knowingly materially misrepresent--
(I) in a notification provided under paragraph (3)--
(aa) that the material requested to be removed, or access to which is requested to be disabled, is a digital replica, the use of which is unauthorized;
(bb) that the exclusions under subsection (c)(5) do not apply; or
(cc) that an individual or entity has the authority to act on behalf of the right holder; or
(II) in a counter-notification provided under paragraph (4), that--
(aa) material was removed, or access to material was disabled, by mistake or misidentification;
(bb) the material removed, or to which access was disabled, is not a digital replica; or
(cc) the material removed, or to which access was disabled, is subject to an exclusion under subsection (c)(5), a limitation on liability under subsection (e)(3), or any other valid legal defense.
(ii) Failure to perform good faith review.--The failure to consider in good faith any of the issues described in clause (i)(I) before providing a notification under paragraph (3), or any of the issues described in clause (i)(II) before providing a counter-notification under paragraph (4), shall constitute a knowing material misrepresentation under this subparagraph.
(B) Penalties.--In addition to the cause of action and remedies made available under subsection (e), any individual or entity that violates subparagraph (A) of this paragraph shall be liable to the applicable right holder, the alleged violator that uploaded the applicable material, or the provider of an online service injured by the misrepresentation, for an amount equal to the greater of--
(i) $25,000 per notification provided under paragraph (3), or counter-notification provided under paragraph (4), that contains a misrepresentation described in subparagraph (A) of this paragraph; or
(ii) the sum of--
(I) any actual damages incurred by the applicable right holder or alleged violator, as well as by any provider of an online service or other individual or entity injured by the misrepresentation; and
(II) any costs and attorney's fees incurred by the applicable recipient of a notification under paragraph (3), or a counter-notification under paragraph (4), that prevails in an action alleging that the notification or counter-notification, as applicable, was false or deceptive.
(e) Civil Action.--
(1) Eligible plaintiffs.--A civil action against an individual or entity that, in a manner affecting interstate commerce (or using any means or facility of interstate commerce), commits a violation of subsection (c) may be brought by--
(A) the applicable right holder;
(B) if the applicable right holder is an individual who is younger than 18 years of age, a parent or guardian of that individual; or
(C) in the case of a digital replica involving a sound recording artist, any individual or entity that has, directly or indirectly, entered into--
(i) a contract for the exclusive personal services of the sound recording artist as a sound recording artist; or
(ii) an exclusive license to distribute or transmit 1 or more works that capture the audio performance of the sound recording artist.
(2) Limitations period.--A civil action may not be brought under this subsection unless the civil action is commenced not later than 3 years after the date on which the party seeking to bring the civil action discovered, or with due diligence should have discovered, the applicable violation.
(3) Limitation on liability for purely coincidental resemblance.--
(A) In general.--An individual or entity shall not be
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liable for engaging in an activity described in subsection (c)(2)(A) if--
(i) the resemblance of the voice or visual likeness embodied in the applicable digital replica to the voice or visual likeness of the actual individual is purely coincidental; and
(ii)(I) the actual individual has not achieved public recognition; or
(II) the voice or visual likeness of the actual individual does not have commercial value.
(B) Disclaimer not evidence.--A disclaimer regarding the resemblance of the voice or visual likeness embodied in a digital replica to the voice or visual likeness of any actual individual shall not constitute evidence to support the limitation under subparagraph (A).
(4) Defense not permitted.--It shall not be a defense in a civil action brought under this subsection that the defendant displayed or otherwise communicated to the public a disclaimer stating that the applicable use of a digital replica, or the applicable product or service described in subsection (c)(2)(B), was unauthorized or disclosed that the digital replica, product, or service was generated through the use of artificial intelligence or other technology.
(5) Remedies.--
(A) In general.--In any civil action brought under this subsection--
(i) an individual or entity found to have committed a violation of subsection (c) shall be liable to the injured party in an amount equal to the greater of--
(I)(aa) in the case of an individual, $5,000 per work embodying the applicable unauthorized use of a digital replica;
(bb) in the case of a provider of an online service that has undertaken a good faith effort to implement all applicable obligations of paragraphs (1) through (4) of subsection (d), $25,000 per work embodying the applicable unauthorized use of a digital replica;
(cc) in the case of a provider of an online service that has not undertaken a good faith effort to implement all applicable obligations of paragraphs (1) through (4) of subsection (d), $5,000 per unauthorized display, copy made, transmission, and instance of the digital replica being made available on the online service in a sum of not more than $750,000 per work embodying the applicable unauthorized use of a digital replica; and
(dd) in the case of an entity that is not a provider of an online service, $25,000 per work embodying the applicable unauthorized use of a digital replica; or
(II) any actual damages suffered by the injured party as a result of the activity, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages;
(ii) an individual or entity found to have violated subsection (c) by virtue of engaging in an activity described in subsection
(c)(2)(B) shall be liable to the injured party in an amount equal to the greater of--
(I)(aa) in the case of an individual, $5,000 per product or service;
(bb) in the case of a provider of an online service that has undertaken a good faith effort to implement all applicable obligations of paragraphs (1) through (4) of subsection (d), $25,000 per product or service;
(cc) in the case of a provider of an online service that has not undertaken a good faith effort to implement all applicable obligations of paragraphs (1) through (4) of subsection (d), $750,000 per product or service; or
(dd) in the case of an entity that is not a provider of an online service, $25,000 per product or service; or
(II) any actual damages suffered by the injured party as a result of the activity, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages;
(iii) the plaintiff may seek injunctive or other equitable relief;
(iv) in the case of willful activity in which the injured party has proven that the defendant acted with malice, fraud, knowledge, or willful avoidance of knowledge that the conduct violated the law, the court may award to the injured party punitive damages; and
(v) if the prevailing party is--
(I) the party bringing the action, the court shall award reasonable attorney's fees; or
(II) the party defending the action, the court shall award reasonable attorney's fees if the court determines that the action was not brought in good faith.
(B) Objectively reasonable belief.--A provider of an online service that has designated an agent under subsection (d)(2) and has an objectively reasonable belief that material that is claimed to be a digital replica, the use of which is unauthorized, does not qualify as a digital replica shall be liable only for actual damages under subparagraph (A) if the material is ultimately determined to be a digital replica, the use of which is unauthorized.
(f) Subpoena To Identify Violator.--
(1) Request.--A right holder, an individual or entity authorized to act on behalf of a right holder, or an eligible plaintiff under subsection (e)(1) may request the clerk of any district court of the United States to issue a subpoena to a provider of an online service for identification of an alleged violator of this section in accordance with this subsection.
(2) Contents of request.--A request under paragraph (1) may be made by filing with the clerk--
(A) a copy of a notification described in subsection (d)(3);
(B) a proposed subpoena; and
(C) a sworn declaration to the effect that--
(i) the purpose of the subpoena is to obtain the identity of an individual or entity alleged to be liable under subsection (c); and
(ii) the information described in clause (i) will only be used for the purpose of protecting rights under this section.
(3) Contents of subpoena.--A subpoena issued under this subsection shall authorize and order the provider of the applicable online service to expeditiously disclose to the party that sought the subpoena information sufficient to identify the alleged violator by virtue of the activity described in the notification to the extent that information is available to the provider of the online service.
(4) Basis for granting subpoena.--If a proposed subpoena under this subsection is in proper form, the applicable notification filed satisfies the requirements under subsection (d)(3), and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return the subpoena to the requester for delivery to the provider of the applicable online service.
(g) Preemption.--
(1) In general.--The rights established under this section shall preempt any cause of action under State law for the protection of an individual's voice and visual likeness rights in connection with a digital replica, as defined in this section, in an expressive work.
(2) Rule of construction.--Notwithstanding paragraph (1), nothing in this section may be construed to preempt--
(A) causes of action under State statutes or common law in existence, as of January 2, 2025, regarding a digital replica;
(B) causes of action under State statutes specifically regulating a digital replica depicting sexually explicit conduct, as defined in section 2256(2)(A) of title 18, United States Code, or an election-related digital replica; or
(C) causes of action under State statutes or common law in existence, as of January 2, 2025, for the distributing, importing, transmitting, or otherwise making available to the public a product or service capable of producing 1 or more digital replicas.
(h) Rules of Construction.--
(1) Laws pertaining to intellectual property.--This section shall be considered to be a law pertaining to intellectual property for the purposes of section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)).
(2) No duty to monitor.--Except as expressly provided in subsection (d)(1)(B)(ii), nothing in this section may be construed to require the provider of an online service to--
(A) monitor the online service for, or affirmatively seek facts about, any digital replica; or
(B) gain access to material.
(i) Severability.--If any provision of this section, or the application of a provision of this section, is held to be invalid, the validity of the remainder of this section, and the application of that provision to other individuals, entities, and circumstances, shall not be affected by that holding.
(j) Retroactive Effect.--
(1) Liabilities.--Liability under this section shall apply only to--
(A) conduct occurring after the date of enactment of this Act; and
(B) in the case of conduct covered by a license or contract, a license or contract that is executed after the date of enactment of this Act.
(2) Digital replication right.--The right granted under subsection (b)--
(A) shall apply to any individual, regardless of whether the individual dies before, on, or after the date of enactment of this Act; and
(B) in the case of a right holder who has died before the date of enactment of this Act, shall vest in the executors, heirs, assignees, or devisees of the right holder.
(k) Effective Date.--This section shall take effect on the date that is 180 days after the date of enactment of this Act.
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SA 6090. Mr. KELLY (for himself and 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, 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:
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At the appropriate place in title II, insert the following:
SEC. ___. IMPROVEMENTS TO REQUIREMENT THAT DEFENSE
MICROELECTRONICS PRODUCTS AND SERVICES MEET
TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY
STANDARDS.
Section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B)(i)--
(i) in the matter before subparagraph (I), by inserting "supply chain and operational security, including";
(ii) in subclause (V), by striking "; and" and inserting a semicolon;
(iii) by redesignating subclause (VI) as subclause (VII); and
(iv) by inserting after subclause (V) the following new subclause (VI):
"(VI) provenance verification technologies that ensure traceability of design, fabrication, and assembly processes, regardless of geographic location; and";
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following new paragraph (5):
"(5) Alternative assurance equivalency.--The Secretary shall ensure that trusted supply chain and operational security standards established under this subsection recognize secure silicon provenance technologies and lifecycle traceability methods as capable of providing assurance equivalent to or greater than manufacturing at a Defense Microelectronics Activity-accredited trusted supplier, when validated through risk-based assessment.";
(2) in subsection (d)(2), by inserting ", including fabrication facilities operating under validated alternative assurance methodologies" before the period at the end; and
(3) by adding at the end the following new subsections:
"(e) Pilot Program for Assured Fabless Microelectronics.--Not later than 210 days after the date of the enactment of this subsection, the Secretary shall establish a pilot program to assess the feasibility and advisability of using secure silicon provenance technologies as an alternative assurance pathway for microelectronics designed by United States persons and fabricated at commercial facilities.
"(f) Reporting Requirements.--Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal year 2027, the Secretary shall submit to the congressional defense committees a report describing--
"(1) criteria for approving alternative assurance methods;
"(2) applicability to commercial fabrication facilities operated by allies and partners of the United States;
"(3) impacts on access to advanced node technologies; and
"(4) participation by fabless United States semiconductor companies.".
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SA 6091. 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:
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At the appropriate place in title X, insert the following:
SEC. ___. COUNTERING ILLICIT DRUG TRAFFICKING.
(a) Prohibition on Use of Funds.--None of the funds authorized to be appropriated or otherwise made available by this Act may be used by the Department of Defense to fund military operations or activities against persons, facilities, vehicles, or watercraft alleged to be affiliated with illicit drug trafficking without evidence of narcotics on such person, facility, vehicle, or watercraft.
(b) Notification Requirement.--Any notification submitted under section 130f of title 10, United States Code, associated with a military operation or activity described in subsection (a) shall include a description of the intelligence collected to determine the evidence of the presence of narcotics.
(c) Rule of Construction.--Nothing in this section may be construed to authorize the use of military force against persons, facilities, vehicles or watercraft alleged to be affiliated with illicit drug trafficking except pursuant to a congressional authorization consistent with section 2(c) of the War Powers Resolution (50 U.S.C. 1541(c)).
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SA 6092. 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:
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At the appropriate place in subtitle D of title XII, insert the following:
SEC. __. PRE-APPROVAL FOR SALE OF DEFENSE ARTICLES TO TAIWAN.
Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended by adding at the end the following:
"(h) Defense Sales to Taiwan.--
"(1) In general.--The sale of defense articles by the United States under this Act shall be approved, and subsections (a), (b), and (d) shall not apply to such a sale, if--
"(A) the purchaser of the defense articles is the Government of Taiwan;
"(B) the Government of Taiwan 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
"(C) the sale corresponds to, as of January 15, 2026--
"(i) RSAT case number 26-AD;
"(ii) RSAT case number 26-AO;
"(iii) RSAT case number 26-AQ; or
"(iv) RSAT case number 26-AN.
"(2) Notice to congress.--Not later than 72 hours after a sale of defense articles to the Government of Taiwan approved under paragraph (1) is completed, the President shall notify the Speaker of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives of the completed sale.
"(3) 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 Taiwan; or
"(ii) the timing of such requests or transfers.
"(B) Retransfers.--Any request by the Government of Taiwan to retransfer defense articles received by that Government under this Act remains subject to all relevant provisions of this Act.".
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SA 6093. 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:
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At the end of subtitle B of title XII, add the following:
SEC. 1218. PROHIBITION ON USE OF UNITED STATES ARMED FORCES
WITH RESPECT TO IRAN.
(a) Prohibition.--None of the funds appropriated or otherwise made available by this Act for the Department of Defense may be used to deploy, station, maintain, or support the United States Armed Forces in the territory, airspace, or territorial waters of Iran, except--
(1) pursuant to a specific statutory authorization enacted after the date of the enactment of this Act; or
(2) pursuant to a congressional authorization consistent with section 2(c) of the War Powers Resolution (50 U.S.C. 1541(c)).
(b) Rule of Construction.--Nothing in this section may be construed to prevent the United States from--
(1) defending against an armed attack on the United States or its personnel or facilities in other nations;
(2) collecting, analyzing, or sharing intelligence, including with the State of Israel and other nations and international organizations, as appropriate, related to threats from Iran or its proxies; or
(3) assisting the State of Israel and other nations--
(A) in taking defensive measures to protect their territory from retaliatory attacks by Iran or its proxies; or
(B) by providing defensive materiel support for such defensive measures.
(c) Relation to War Powers Resolution.--Nothing in this section supersedes any requirement of the War Powers Resolution (50 U.S.C. 1541 et seq.).
(d) Sunset.--The prohibition under subsection (a) shall terminate 5 years after the date of the enactment of this Act.
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SA 6094. 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. MEANING OF INTRODUCTION OF UNITED STATES ARMED
FORCES INTO HOSTILITIES FOR PURPOSES OF THE WAR
POWERS RESOLUTION.
Section 4 of the War Powers Resolution (50 U.S.C. 1543) is amended by adding at the end the following new subsection:
"(d) Rule of Construction Regarding Introduction Into Hostilities.--For purposes of subsection (a), the phrase `United States Armed Forces are introduced into hostilities' shall be construed to include any use of lethal or potentially lethal force by or against United States Armed Forces, whether or not constituting self-defense measures by the United States Armed Forces, and irrespective of the domain, whether such force is deployed by or against United States Armed Forces using remotely launched, piloted, or directed attacks, or the intermittency thereof.".
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SA 6095. Mr. KAINE (for himself and Mr. Budd) 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:
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At the appropriate place in title X, insert the following:
SEC. 10__. EXTENSION OF REQUIREMENT FOR ANNUAL BRIEFINGS ON
NATIONAL BIODEFENSE STRATEGY.
Section 1086(d) of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104(d)) is amended by striking "March 1, 2025" and inserting "the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027".
SEC. 10__. ANALYSIS AND RECOMMENDATIONS RELATING TO
ENGINEERING BIOLOGY RISKS.
(a) In General.--The first time after the date of the enactment of this Act that findings are provided to the appropriate congressional committees pursuant to the biennial update of the biodefense threat assessment under section 364(d)(1)(D) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 106(d)(1)(D)), such findings shall include an analysis of, and recommendations to enhance, the readiness of the United States national security enterprise and life science research enterprise against engineering biology risks.
(b) Matters Included.--
(1) Analysis.--The analysis required by subsection (a) shall include the following:
(A) An assessment of the threat to national security and public safety posed by current and anticipated engineering biology risks.
(B) A description of current lines of research and development in covered departments and agencies relating to biodefense against engineering biology risks, including prevention, deterrence, preparedness, detection, response, attribution, recovery, and mitigation.
(C) An analysis of authorities, regulations, and programs pertaining to engineering biology risks, in the United States, including biosafety, biosecurity, and biodefense.
(D) An evaluation of gaps, deficiencies, redundancies, and ambiguities in authorities and regulations pertaining to engineering biology risks.
(E) Such other matters as the heads of the covered departments and agencies jointly consider relevant.
(2) Recommendations.--The recommendations required by subsection (a) shall include recommendations for the following:
(A) Aligning lines of research and development across covered departments and agencies to reduce redundant efforts and promote the mutual benefit for purposes of biosafety, biosecurity, and biodefense against engineering biology risks.
(B) Modernizing biosafety, biosecurity, and biodefense authorities, regulations, and programs pertaining to engineering biology risks to ensure the United States--
(i) mitigates the safety and security threat to national security and public safety posed by engineering biology risks; and
(ii) benefits from the research, development, application, and dissemination of innovations in engineering biology under an enduring governance framework that accommodates novel discoveries and capabilities in life sciences research;
(C) Establishing a program or programs, or modernizing an existing program or programs--
(i) to establish and enforce safeguards to mitigate engineering biology risks to national security or public safety; and
(ii) to identify best practices, promulgate voluntary guidance, and provide consultation on matters of biosecurity and biosafety in the United States.
(D) For purposes of subparagraphs (B) and (C), detailed proposed legislative action and an estimate of the amount of funding necessary to ensure that relevant programs have adequate resources.
(E) Such other matters as the heads of the covered departments and agencies jointly consider relevant.
(c) Consultation.--The recommendations described in subsection (b)(2) shall be developed in consultation with--
(1) individuals representing industry, academia, and civil society, including representatives of the life sciences research enterprise who have not received any Federal grant or contract in the preceding five years; and
(2) such other government agencies or interested stakeholders as the heads of the covered departments and agencies jointly consider appropriate.
(d) Form.--The analysis and recommendations required by this section shall be submitted in unclassified form but may include a classified annex.
(e) Definitions.--In this section:
(1) The term "covered departments and agencies" means the departments and agencies included in section 364(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 106(a)).
(2) The term "engineering biology" has the meaning given such term in section 10002 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 18901).
(3) The term "engineering biology risk" means a risk to national security or public safety arising from the misuse, abuse, or accidental release of materials arising from, or the misuse or abuse of methods, tools, or information pertaining to, engineering biology.
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SA 6096. Mr. PADILLA 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:
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At the appropriate place in subtitle D of title I, insert the following:
SEC. ___. LIMITATION ON DIVESTITURE OF U-2 DRAGON LADY
AIRCRAFT IN FISCAL YEAR 2027.
(a) Limitation.--
(1) In general.--Notwithstanding any other provision of law, the Secretary of the Air Force may not, during fiscal year 2027, retire, divest, transfer, or otherwise remove from the active inventory more than two U-2 Dragon Lady aircraft.
(2) Prohibition on accelerated divestiture.--The Secretary of the Air Force may not take any action to accelerate the divestiture of U-2 aircraft beyond the limitation established in paragraph (1) during fiscal year 2027, regardless of the operational status of replacement platforms.
(b) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following:
(1) A detailed transition plan for the divestiture of U-2 aircraft, including timelines and milestones.
(2) A description of the bridging capabilities that will be employed during the transition period to ensure no degradation in operational capability or capacity.
(3) An independent assessment of intelligence, surveillance, and reconnaissance capability gaps that would result from the retirement of U-2 aircraft prior to full operational capability of replacement systems.
(c) Active Inventory Defined.--In this section, the term "active inventory" means aircraft assigned to active flying units, Air Force Reserve units, and Air National Guard units, and aircraft maintained in storage for potential future operational use.
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SA 6097. Mr. REED (for himself and Mr. Young) 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:
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At the end of subtitle H of title V, add the following:
SEC. 587. INTERAGENCY COUNCIL ON SERVICE.
(a) Establishment of Interagency Council on Service.--
(1) Establishment.--
(A) In general.--There is established an Interagency Council on Service (in this section referred to as the "Council").
(B) Functions.--The Council shall--
(i) advise the President with respect to promoting, strengthening, and expanding opportunities for military service, national service, and public service for all people of the United States; and
(ii) review, assess, and coordinate holistic recruitment strategies and initiatives of the executive branch to foster an increased sense of service and civic responsibility among all people of the United States and to explore ways of enhancing connectivity of interested applicants to national service programs and opportunities.
(2) Composition.--
(A) Membership.--The Council shall be composed of such officers and employees of the Federal Government as the President may designate, including not less than 1 such officer or employee the appointment of whom as such officer or employee was made by the President by and with the advice and consent of the Senate.
(B) Chair.--The President shall annually designate to serve as the Chair of the Council a member of the Council under subparagraph (A), the appointment of whom as an officer or employee of the Federal Government was made by the President by and with the advice and consent of the Senate.
(C) Meetings.--The Council shall meet on a quarterly basis or more frequently as the Chair of the Council may direct.
(3) Responsibilities of the council.--The Council shall--
(A) assist and advise the President in the establishment of strategies, goals, objectives, and priorities to promote service and civic responsibility among all people of the United States;
(B) develop and recommend to the President common recruitment strategies and outreach opportunities for increasing the participation, and propensity of people of the United States to participate, in military service, national service, and public service in order to address national security and domestic investment;
(C) serve as a forum for Federal officials responsible for military service, national service, and public service programs to, as feasible and practicable--
(i) coordinate and share best practices for service recruitment; and
(ii) develop common interagency, cross-service initiatives and pilots for service recruitment;
(D) lead a strategic, interagency coordinated effort on behalf of the Federal Government to develop joint awareness and recruitment, retention, and marketing initiatives involving military service, national service, and public service;
(E) consider approaches for assessing impacts of service on the needs of the United States and individuals participating in and benefitting from such service;
(F) consult, as the Council considers advisable, with representatives of non-Federal entities, including State, local, and Tribal governments, State and local educational agencies, State Service Commissions, institutions of higher education, nonprofit organizations, faith-based organizations, philanthropic organizations, and the private sector, in order to promote and develop initiatives to foster and reward military service, national service, and public service;
(G) not later than 2 years after the date of enactment of this Act, and quadrennially thereafter, prepare and submit to the President and Congress a Service Strategy, which shall set forth--
(i) a review of programs and initiatives of the Federal Government relating to the mandate of the Council;
(ii) a review of Federal Government online content relating to the mandate of the Council, including user experience with such content;
(iii) current and foreseeable trends for service to address the needs of the United States;
(iv) recommended service recruitment strategies and branding opportunities to address outreach and communication deficiencies identified by the Council; and
(v) to the extent practical, a joint service messaging strategy for military service, national service, and public service;
(H) identify any notable initiatives by State, local, and Tribal governments and by public and nongovernmental entities to increase awareness of and participation in national service programs; and
(I) perform such other functions as the President may direct.
(b) Joint Market Research to Advance Military and National Service.--
(1) Program authorized.--The Secretary of Defense, the Chief Executive Officer of the Corporation for National and Community Service, and the Director of the Peace Corps may carry out a joint market research, market studies, recruiting, and advertising program to complement the existing programs of the military departments, the national
service programs administered by the Corporation, and the Peace Corps.
(2) Information sharing permitted.--Section 503 of title 10, United States Code, shall not be construed to prohibit sharing of information among, or joint marketing efforts of, the Department of Defense, the Corporation for National and Community Service, and the Peace Corps to carry out this subsection.
(c) Transition Opportunities for Military Servicemembers and National Service Participants.--
(1) Employment assistance.--Section 1143(c)(1) of title 10, United States Code, is amended by inserting "the Corporation for National and Community Service," after "State employment agencies,".
(2) Employment assistance, job training assistance, and other transitional services: department of labor.--Section 1144 of title 10, United States Code, is amended--
(A) in subsection (b), by adding at the end the following:
"(11) Provide information on public service opportunities, training on public service job recruiting, and the advantages of careers with the Federal Government."; and
(B) in subsection (f)(1)(D)--
(i) by redesignating clause (v) as clause (vi); and
(ii) by inserting after clause (iv) the following:
"(v) National and community service, taught in conjunction with the Chief Executive Officer of the Corporation for National and Community Service.".
(3) Authorities and duties of the chief executive officer.--Section 193A(b) of the National and Community Service Act of 1990 (42 U.S.C. 12651d(b)) is amended--
(A) in paragraph (24), by striking "and" at the end;
(B) in paragraph (25), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(26) ensure that individuals completing a partial or full term of service in a program under subtitle C or E or part A of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) receive information about military and public service opportunities for which they may qualify or in which they may be interested.".
(d) Joint Report to Congress on Initiatives to Integrate Military and National Service.--
(1) Reporting requirement.--Not later than 4 years after the date of enactment of this Act and quadrennially thereafter, the Chair of the Interagency Council on Service, in coordination with the Secretary of Defense, the Chief Executive Officer of the Corporation for National and Community Service, and the Director of the Peace Corps, shall submit a joint report on cross-service marketing, research, and promotion to Congress, including recommendations for increasing joint advertising and recruitment initiatives for the Armed Forces, programs administered by the Corporation for National and Community Service, and the Peace Corps.
(2) Contents of report.--Each report under paragraph (1) shall include the following:
(A) The number of Peace Corps volunteers and participants in national service programs administered by the Corporation for National and Community Service, who previously served as a member of the Armed Forces.
(B) The number of members of the Armed Forces who previously served in the Peace Corps or in a program administered by the Corporation for National and Community Service.
(C) An assessment of existing (as of the date of the report submission) joint recruitment and advertising initiatives undertaken by the Department of Defense, the Peace Corps, or the Corporation for National and Community Service.
(D) An assessment of the feasibility and cost of expanding such existing initiatives.
(E) An assessment of ways to improve the ability of the reporting agencies to recruit individuals from the other reporting agencies.
(F) A description of the information and data used to develop any initiative or campaign intended to advance military service or national service, including with respect to any activity carried out under subsection (b).
(3) Consultation.--The Chair of the Interagency Council on Service, the Secretary of Defense, the Chief Executive Officer of the Corporation for National and Community Service, and the Director of the Peace Corps shall undertake studies of recruiting efforts that are necessary to carry out the provisions of this subsection. Such studies may be conducted using any funds appropriated to those entities under Federal law other than this Act.
(e) Reports to Congress on Lessons Learned Regarding Retention and Recruitment.--The Chair of the Interagency Council on Service shall--
(1) conduct a study on--
(A) the effectiveness of past advertising campaigns for military service, national service, and public service; and
(B) the role of vaccine requirements on the retention and recruitment of individuals for military service, national service, and public service; and
(2) not later than 270 days after the date of enactment of this Act, submit a report on the findings of and lessons learned from the study under paragraph (1) to--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of Representatives.
(f) Definitions.--In this section:
(1) Interagency council on service.--The term "Interagency Council on Service" means the Interagency Council on Service established by subsection (a)(1).
(2) Military department.--The term "military department" means each of the military departments listed in section 102 of title 5, United States Code.
(3) Military service.--The term "military service" means active service (as defined in subsection (d)(3) of section 101 of title 10, United States Code) or active status (as defined in subsection (d)(4) of such section) in one of the Armed Forces (as defined in subsection (a)(4) of such section).
(4) National service.--The term "national service" means participation, other than military service or public service, in a program that--
(A) is designed to enhance the common good and meet the needs of communities, the States, or the United States;
(B) is funded or facilitated by--
(i) an institution of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or
(ii) the Federal Government or a State, Tribal, or local government; and
(C) is a program authorized in--
(i) the Peace Corps Act (22 U.S.C. 2501 et seq.);
(ii) section 171 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226) relating to the YouthBuild Program;
(iii) the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.); or
(iv) the National and Community Service Act of 1990 (42 U.S.C.
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12501 et seq.).
(5) Public service.--The term "public service" means civilian employment in the Federal Government or a State, Tribal, or local government.
(6) Service.--The term "service" means a personal commitment of time, energy, and talent to a mission that contributes to the public good by protecting the Nation and the citizens of the United States, strengthening communities, States, or the United States, or promoting the general social welfare.
(7) State service commission.--The term "State Service Commission" means a State Commission on National and Community Service maintained by a State pursuant to section 178 of the National and Community Service Act of 1990 (42 U.S.C. 12638).
(g) No Additional Funds.--No additional funds are authorized to be appropriated for the purpose of carrying out this section.
(h) Gao Report.--Not later than 30 months after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress on the effectiveness of this section and the amendments made by this section.
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SA 6098. Mrs. BLACKBURN 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:
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At the appropriate place in title X, insert the following:
SEC. 10__. AUTHORITY OF NATIONAL DRUG CONTROL POLICY WITH
RESPECT TO THE WORLD ANTI-DOPING AGENCY.
Section 701 of the Office of National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C. 2001) is amended--
(1) by striking subsection (a) and inserting the following:
"(a) Definitions.--In this subchapter:
"(1) Amateur athlete.--The term `amateur athlete' has the meaning given that term in section 220501(b)(1) of title 36, United States Code.
"(2) Amateur athletic competition.--The term `amateur athletic competition' has the meaning given that term in section 220501(b)(2) of title 36, United States Code.
"(3) Independent athlete.--The term `independent athlete' means a current or former amateur athlete who does not serve, in any capacity--
"(A) on the International Olympic Committee;
"(B) on the International Paralympic Committee;
"(C) at an international sports federation recognized by the International Olympic Committee or the International Paralympic Committee;
"(D) on the United States Olympic and Paralympic Committee;
"(E) at a national governing body (as defined in section 220501(b)(9) of title 36, United States Code); or
"(F) at the World Anti-Doping Agency.
"(4) United states olympic and paralympic committee.--The term `United States Olympic and Paralympic Committee' means the organization established by chapter 2205 of title 36, United States Code.";
(2) in subsection (b), by striking "United States Olympic Committee" each place it appears and inserting "United States Olympic and Paralympic Committee"; and
(3) by adding at the end the following:
"(d) Authority With Respect to the World Anti-Doping Agency.--
"(1) Annual determination.--Not later than 180 days after the date of the enactment of this subsection, and annually thereafter, the Office of National Drug Control Policy, in consultation with the United States Anti-Doping Agency, the United States Olympic and Paralympic Committee, and the Athletes' Advisory Council (established and maintained under section 220504(b)(2)(A) of title 36, United States Code) shall make a determination as to whether the World Anti-Doping Agency--
"(A) has a credible and independent governance model that provides for fair representation of the United States;
"(B) fully implements or has implemented governance reforms to ensure independent governance; and
"(C) has fair processes and procedures to select independent athletes, including athletes from the United States and other democratic countries, or representatives of such athletes, for decision-making roles on the Executive Committee and the Foundation Board, and in all relevant expert advisory groups, standing committees, permanent special committees, and working groups of the World Anti-Doping Agency.
"(2) Accountability.--In the case of a determination under paragraph (1) that the World Anti-Doping Agency has not met the criteria set forth in subparagraphs (A), (B), or (C) of that paragraph, the Office of National Drug Control Policy, in consultation with the United States Anti-Doping Agency, the United States Olympic and Paralympic Committee, and the Athletes' Advisory Council (established and maintained under section 220504(b)(2)(A) of title 36, United States Code), shall use all available tools and best efforts to bring the World Anti-Doping Agency into compliance with the criteria set forth in that paragraph.
"(3) Report.--In the case of a determination under paragraph (1) that the World Anti-Doping Agency has not met the criteria set forth in subparagraphs (A), (B), or (C) of that paragraph, not later than 180 days after the date on which that determination is made, the Office of National Drug Control Policy, in consultation with the United States Anti-Doping Agency, the United States Olympic and Paralympic Committee, and the Athletes' Advisory Council (established and maintained under section 220504(b)(2)(A) of title 36, United States Code) shall submit to the appropriate committees of Congress a report that describes the barriers to participation and fair representation of the United States on the Executive Committee, the Foundation Board, and all relevant expert advisory groups, standing committees, permanent special committees, and working groups of the World Anti-Doping Agency.
"(4) Voluntary nonpayment of dues.--
"(A) In general.--In the case of a determination under paragraph (1) that the World Anti-Doping Agency has not met the criteria set forth in subparagraphs (A), (B), or (C) of that paragraph, the Office of National Drug Control Policy, in consultation with the appropriate committees of Congress, may voluntarily withhold up to the full amount of any funds made available for the payment of the United States membership dues to the World Anti-Doping Agency.
"(B) Return of funds after noncompliance.--Unless otherwise specified by law, any funds made available for the payment of the United States membership dues to the World Anti-Doping Agency that have been voluntarily withheld pursuant to subparagraph (A) and have not been obligated prior to the end of an applicable fiscal year shall be returned to the general fund of the Treasury.
"(5) Spending plan.--Not later than 30 days before the Office of National Drug Control Policy obligates funds to the World Anti-Doping Agency, the Office of National Drug Control Policy shall submit to the appropriate committees of Congress a spending plan and explanation of proposed uses of such funds.
"(6) Appropriate committees of congress defined.--In this subsection, the term `appropriate committees of Congress' means--
"(A) the Committee on Commerce, Science, and Transportation of the Senate;
"(B) the Committee on Appropriations of the Senate;
"(C) the Committee on Energy and Commerce of the House of Representatives; and
"(D) the Committee on Appropriations of the House of Representatives.".
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SA 6099. Mr. CORNYN (for himself and Mr. Cruz) 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:
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At the appropriate place in title VII, insert the following:
SEC. 7__. ESTABLISHMENT OF PILOT PROGRAM ON USE OF HEALTH
CARE ASSESSMENTS OTHER THAN PERIODIC HEALTH
ASSESSMENTS.
(a) Requirement.--The Secretary of the Army shall carry out a pilot program to evaluate the effectiveness of different health care assessment methods for members of the Army serving on active duty, as compared to the periodic health assessment of the Army.
(b) Locations.--The Secretary shall--
(1) carry out the pilot program under subsection (a) at Fort Hood, Texas; and
(2) select at least one more installation of the Army at which to carry out the pilot program.
(c) Participant Selection.--
(1) In general.--The Secretary shall select not fewer than 100 members of the Army to participate in the pilot program under subsection (a).
(2) High-risk populations.--Members selected under paragraph (1) may not be in a high-risk population, as determined by the Secretary.
(d) Health Care Assessments.--In carrying out the pilot program under subsection (a), the Secretary shall provide members of the Army participating in the pilot program with the following instead of the periodic health assessment:
(1) An in-person physical examination.
(2) Blood work that includes a comprehensive metabolic panel and complete blood count conducted by qualified medical personnel.
(3) Any other test or evaluation as determined appropriate by the Secretary.
(e) Baseline.--The Secretary shall use health care assessments provided to a member of the Army under the pilot program under subsection (a) as a baseline for the purposes of ongoing regular monitoring of the member.
(f) Duration.--The Secretary shall carry out the pilot program for a two-year period beginning on the date of the enactment of this Act, but the Secretary may extend such period.
(g) Report.--Not later than 180 days after the date on which the pilot program under subsection (a) concludes, the Secretary shall submit to the congressional defense committees a report on the pilot program, including findings relating to--
(1) health care outcomes;
(2) satisfaction of members of the Army; and
(3) any recommendations for broader implementation.
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SA 6100. Mr. CORNYN (for himself and Mr. Peters) 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:
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At the appropriate place, insert the following:
SEC. ___1. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Energy and Commerce, the Committee on Space, Science, and Technology, and the Committee on Homeland Security of the House of Representatives.
(2) Clearinghouse.--The term "clearinghouse" means the commercial satellite system cybersecurity clearinghouse required to be developed and maintained under section ___3(b)(1).
(3) Commercial satellite system.--The term "commercial satellite system"--
(A) means a system that--
(i) is owned or operated by a non-Federal entity that holds a license issued by the United States for business operations; and
(ii) is composed of not less than 1 earth satellite; and
(B) includes--
(i) any ground support infrastructure for each satellite in the system; and
(ii) any transmission link among and between any satellite in the system and any ground support infrastructure in the system.
(4) Critical infrastructure.--The term "critical infrastructure" has the meaning given the term in subsection (e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
(5) Cybersecurity risk; cybersecurity threat.--The terms "cybersecurity risk" and "cybersecurity threat" have the meanings given those terms in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
(6) Secretary.--The term "Secretary" means the Secretary of Commerce.
SEC. ___2. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.
(a) Study.--The Comptroller General of the United States shall conduct a study on the actions the Federal Government has taken to support the cybersecurity of commercial satellite systems, including as part of any action to address the cybersecurity of critical infrastructure sectors.
(b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the study conducted under subsection (a), which--
(1) shall include--
(A) information on efforts of the Federal Government, and the effectiveness of those efforts, to--
(i) address or improve the cybersecurity of commercial satellite systems; and
(ii) support related efforts with international entities or the private sector;
(B) information on the resources made available to the public by Federal agencies to address cybersecurity risks and threats to commercial satellite systems, including resources made available through the clearinghouse;
(C) information on the extent to which commercial satellite systems are reliant on, or relied on by, critical infrastructure;
(D) an analysis of how commercial satellite systems and the threats to those systems are integrated into critical infrastructure risk analyses and protection plans;
(E) information on the extent to which Federal agencies are reliant on commercial satellite systems and how Federal agencies mitigate cybersecurity risks associated with those systems;
(F) information on the extent to which Federal agencies are reliant on commercial satellite systems that are owned wholly or in part or controlled by foreign entities, or that have infrastructure in foreign countries, and how Federal agencies mitigate associated cybersecurity risks;
(G) information on the extent to which Federal agencies coordinate or duplicate authorities and take other actions focused on the cybersecurity of commercial satellite systems; and
(H) as determined appropriate by the Comptroller General of the United States, recommendations to support the cybersecurity of commercial satellite systems, including recommendations on information that should be shared through the clearinghouse; and
(2) shall not include recommendations described in paragraph (1)(H) for new or changing authorities or regulations for Federal agencies.
(c) Consultation.--In carrying out subsections (a) and (b), the Comptroller General of the United States shall coordinate with appropriate Federal agencies and organizations, including--
(1) the Department of Commerce;
(2) the Office of the National Cyber Director;
(3) the Department of Homeland Security;
(4) the Department of Defense;
(5) the Department of Transportation;
(6) the Federal Communications Commission;
(7) the National Aeronautics and Space Administration;
(8) the National Executive Committee for Space-Based Positioning, Navigation, and Timing;
(9) the National Space Council;
(10) the Office of Science and Technology Policy;
(11) the Department of Justice; and
(12) the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector.
(d) Briefing.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall provide to the appropriate congressional committees a briefing on the study conducted under subsection (a).
(e) Classification.--The report submitted under subsection (b) shall be unclassified but may include a classified annex.
SEC. ___3. RESPONSIBILITIES OF THE DEPARTMENT OF COMMERCE.
(a) Definition.--In this section, the term "small business concern" has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).
(b) Establishment of Commercial Satellite System Cybersecurity Clearinghouse.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Homeland Security, shall develop and maintain a commercial satellite system cybersecurity clearinghouse for the purpose of serving as a repository for publicly available resources, guidance, frameworks, voluntary recommendations, and tools.
(2) Requirements.--The clearinghouse--
(A) shall be publicly available online;
(B) shall contain publicly available commercial satellite system cybersecurity resources, including the voluntary recommendations consolidated under subsection (c)(1);
(C) shall contain appropriate materials for reference by entities that develop, operate, or maintain commercial satellite systems;
(D) shall contain materials specifically aimed at assisting small business concerns with the secure development, operation, and maintenance of commercial satellite systems;
(E) may contain controlled unclassified information distributed to commercial entities through a process determined appropriate by the Secretary; and
(F) may not contain sensitive security or proprietary information in the absence of the establishment and use of a gateway to limit access to approved users, as determined by the Secretary.
(3) Content maintenance.--The Secretary shall maintain current and relevant cybersecurity information on the clearinghouse.
(4) Existing platform or website.--To the extent practicable, the Secretary shall establish and maintain the clearinghouse using an online platform, a website, or a capability in existence as of the date of enactment of this Act.
(c) Consolidation of Commercial Satellite System Cybersecurity Recommendations.--
(1) In general.--The Secretary, in coordination with the Secretary of Homeland Security, shall consolidate voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems.
(2) Requirements.--The recommendations consolidated under paragraph (1) shall include materials appropriate for a public resource addressing, to the greatest extent practicable, the following:
(A) Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency.
(B) Planning for retention or recovery of positive control of commercial satellite systems in the event of a cybersecurity incident.
(C) Protection against unauthorized access to vital commercial satellite system functions.
(D) Physical protection measures designed to reduce the vulnerabilities of a commercial satellite system's command, control, and telemetry receiver systems.
(E) Protection against jamming, eavesdropping, hijacking, computer network exploitation, spoofing, threats to optical satellite communications, and electromagnetic pulse.
(F) Security against threats throughout a commercial satellite system's mission lifetime.
(G) Management of supply chain risks that affect the cybersecurity of commercial satellite systems.
(H) Protection against vulnerabilities posed by ownership of commercial satellite systems or commercial satellite system companies by foreign entities.
(I) Protection against vulnerabilities posed by locating physical infrastructure, such as satellite ground control systems, in foreign countries.
(J) As appropriate, and as applicable pursuant to the maintenance requirement under subsection (b)(3), relevant findings and recommendations from the study conducted by the Comptroller General of the United States under section ___2(a).
(K) Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through commercial satellite systems only for the purpose described in subsection (b)(1).
(d) Implementation.--In implementing this section, the Secretary shall--
(1) to the extent practicable, carry out the implementation in partnership with the private sector;
(2) coordinate with--
(A) the Secretary of Homeland Security, the Office of the National Cyber Director, the National Space Council, the Director of the National Institute of Standards and Technology, and the head of any other agency with expertise relating to cybersecurity or satellite communications determined appropriate by the Secretary; and
(B) the heads of appropriate Federal agencies with expertise and experience in satellite operations, including the entities described in section ___2(c), to enable the alignment of Federal efforts on commercial satellite system cybersecurity and, to the extent practicable, consistency in Federal recommendations relating to commercial satellite system cybersecurity; and
(3) consult with non-Federal entities developing commercial satellite systems or otherwise supporting the cybersecurity of commercial satellite systems, including private, consensus organizations that develop relevant standards.
(e) Report.--Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter until the date that is 9 years after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report summarizing--
(1) the general status of any partnership with the private sector described in subsection (d)(1);
(2) the results of each consultation with a non-Federal entity described in subsection (d)(3);
(3) the coordination carried out pursuant to subsection (d)(2);
(4) the establishment and maintenance of the clearinghouse pursuant to subsection (b);
(5) the recommendations consolidated pursuant to subsection (c)(1); and
(6) general feedback received by the Secretary on the clearinghouse from non-Federal entities, including overall trends and any proposed changes to the clearinghouse as a result of the feedback.
SEC. ___4.
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STRATEGY.
Not later than 120 days after the date of the enactment of this Act, the Secretary, jointly with the National Space Council and the Office of the National Cyber Director, in coordination with the Secretary of Homeland Security, the Director of the Office of Space Commerce, the Director of the Office of Science and Technology Policy, and the heads of other relevant agencies, shall submit to the appropriate congressional committees a strategy to support coordination, information sharing, and voluntary best practices among Federal agencies and private sector stakeholders relating to the cybersecurity of commercial satellite systems, which shall include an identification of--
(1) proposed coordination roles among relevant agencies; and
(2) as applicable, the extent to which cybersecurity threats to commercial satellite systems are addressed in--
(A) critical infrastructure risk analyses and protection plans; and
(B) activities relating to commercial satellite systems.
SEC. ___5. RULES OF CONSTRUCTION.
Nothing in this title may be construed to--
(1) designate commercial satellite systems or other space assets as a critical infrastructure sector;
(2) infringe upon or alter the authorities of the agencies described in section ___2(c);
(3) authorize the development or implementation of any rulemaking or regulatory requirement, including by way of enforcement action or condition on any license or permit for a commercial satellite system; or
(4) modify or expand existing authorities of the Committee on Foreign Investment in the United States or the Committee for the Assessment of Foreign Participation in the United States Telecommunications Service Sector.
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SA 6101. Mr. CRAPO (for himself, Mr. Warner, Mr. Daines, Ms. Smith, Mr. Sullivan, and Mr. Schumer) 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:
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At the end of title X, add the following:
Subtitle H--Access to Fair Financing for Opportunity and Resilient Development
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SEC. ___01. SHORT TITLE.
This subtitle may be cited as the "Access to Fair Financing for Opportunity and Resilient Development Act".
SEC. ___02. 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. ___03. 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 "the date that is the later of 4 years after the date of enactment of the Access to Fair Financing for Opportunity and Resilient Development Act or December 31, 2030.".
(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. ___04. 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. ___05. 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));
"(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.
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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.".
______
SA 6102. Mr. ROUNDS 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:
Text printed in the Record (3,024 characters)
At the appropriate place in title XVI, insert the following:
SEC. ___. MODERNIZATION PROGRAM FOR FULL CONTENT INSPECTION.
Section 1515 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31; 10 U.S.C. 2224 note) is amended--
(1) in the section heading, by striking "network boundary and cross-domain defense" and inserting "full content inspection";
(2) in subsection (a), in the second sentence, by inserting "and cross-domain" after "network boundary";
(3) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by inserting "specified in subsection (a)" after "defense capabilities" both places it appears; and
(ii) in clause (ii), by inserting "that support operational missions as defined by the Department of Defense Cyber Defense Command" before the period at the end;
(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the following new subparagraph (B):
"(B) By December 1, 2027, integrate the capabilities into the pilot program described in subparagraph (A) that leverages, where appropriate, investments in artificial intelligence to illuminate and actively counter foreign cyber aggression to Department of Defense networks.";
(D) in subparagraph (C), as redesignated by subparagraph (B), by striking "deployment of modernized network boundary defense capabilities to the access points and cross-domain capabilities" and inserting "deployment of the same capabilities described in subsection (a) to the access points and cross-domain capabilities, and any other network interconnection point,"; and
(E) in subparagraph (D), as redesignated by subparagraph (B)--
(i) by striking "modernized network boundary defense capabilities" and inserting "the same capabilities described in subsection (a)"; and
(ii) by adding at the end the following new sentence: "To ensure the coverage of these capabilities is complete, the Secretary shall, acting through the Director of the Defense Information Systems Agency and the Chief Information Officer of the Department of Defense, create a list of remaining networks and enclaves."; and
(4) by adding at the end the following new subsection:
"(d) Semiannual Briefings.--Not less frequently than twice each year until December 31, 2028, the Chief Information Officer of the Department of Defense, the Director of the Defense Information Systems Agency, and the Commander of the Department of Defense Cyber Defense Command shall jointly provide to the congressional defense committees a briefing on--
"(1) the status of deployment of the modernization program required by subsection (a);
"(2) the results of the surveys conducted pursuant to subparagraphs (C) and (D) of subsection (b)(2);
"(3) identification of and timeline for the remaining networks and enclaves to be incorporated into the program; and
"(4) any reprogramming requests necessary to expedite completion of the deployment to all remaining networks and enclaves identified.".
______
SA 6103. Mr. ROUNDS (for himself, Ms. Cortez Masto, 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:
Text printed in the Record (6,609 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. 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.
______
SA 6104. Mr. CRUZ (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:
Text printed in the Record (5,189 characters)
At the end of subtitle C of title II, add the following:
SEC. 235. PILOT PROGRAM ON SAFETY AND QUALIFICATION OF
PRINTABLE ENERGETIC FEEDSTOCKS FOR ADDITIVE
MANUFACTURING.
(a) Establishment.--The Secretary of Defense shall establish a pilot program, to be carried out by the Under Secretary of Defense for Research and Engineering, in coordination with the Capability Program Executive, Ammunition and Energetics (or successor organization) and appropriate service acquisition executives, to evaluate the safety, quality, and qualification pathways of printable energetic feedstocks for controlled additive manufacturing applications.
(b) Purpose.--The purposes of the pilot program are--
(1) to determine whether the use of printable energetic feedstocks can improve handling safety, process stability, lot-to-lot consistency, and supply chain resilience relative to traditional energetics manufacturing and handling methods;
(2) to analyze logistics impact on throughput, waste, defect rate, and constituent material availability versus state-of-the-art legacy processes;
(3) to develop and validate new test and evaluation methods, if necessary, including metrology and digital quality assurance, suitable for assessing printable energetic feedstocks for Department of Defense use;
(4) to assess applicability of printable energetic feedstocks to existing or planned munition and energetics modernization efforts, consistent with explosive safety, security, and environmental requirements, that provide an advantage in performance or logistics; and
(5) to identify barriers to adoption, including infrastructure, standards, certification, and workforce requirements.
(c) Activities.--Activities under the pilot program may include--
(1) identification, assessment, and characterization of representative printable energetic feedstocks and their performance consistency under controlled conditions;
(2) development of qualification criteria and data packages to inform safety releases, waivers, or certifications as appropriate;
(3) limited demonstrations at Government facilities or contractor facilities that meet all applicable explosive safety and security requirements;
(4) development of nonproprietary standards, metrology approaches, and digital thread quality controls for printable energetic feedstocks; and
(5) analysis of operational impacts via wargaming or mission/campaign modeling and experimental performance data.
(d) Comparative Safety Assessment Required.--As a core element of the pilot program, the Secretary of Defense shall conduct a comparative assessment of the safety of the use of printable energetic feedstocks relative to traditional energetics manufacturing and handling, including, at a minimum--
(1) hazards and risks associated with storage, transport, handling, and processing;
(2) sensitivity and response to credible stimuli (including thermal and mechanical stimuli) using appropriate test standards;
(3) process safety considerations, including potential failure modes and mitigations for controlled additive manufacturing workflows;
(4) accident and incident risk modeling (including qualitative and quantitative risk assessment where feasible); and
(5) recommended safety controls, facility requirements, and operational constraints for any future operational use.
(e) Safety and Security Requirements.--The Secretary of Defense shall ensure that activities under the pilot program--
(1) are conducted only at facilities compliant with applicable explosive safety siting, storage, handling, and operating requirements;
(2) incorporate counter-diversion safeguards, inventory accountability, and chain-of-custody controls;
(3) apply cybersecurity and access controls for any digital manufacturing files, process parameters, and quality records; and
(4) do not authorize dissemination of restricted manufacturing parameters outside approved Government and cleared-industry channels.
(f) Reporting.--Not later than 180 days after initiation of the pilot program, and annually thereafter for the duration of the pilot program, the Secretary shall submit to the congressional defense committees a report that includes--
(1) pilot objectives, participants, test locations, and safety governance structure;
(2) test methodologies, standards used, and key safety and quality metrics;
(3) results of activities conducted under subsection (c), including identification, assessment, and characterization of representative printable energetic feedstocks, demonstrations, qualification criteria, data packages, and standard development;
(4) results of the comparative safety assessment required under subsection (d), including identified hazards, mitigations, and residual risk;
(5) an assessment of cost, schedule, and scalability relative to traditional energetics manufacturing and handling;
(6) recommended qualification and certification pathways, including any standards gaps; and
(7) any recommended legislative, regulatory, or resourcing actions required to enable safe adoption.
(g) Duration.--The pilot program shall be carried out for not more than 5 years after the date of the enactment of this section.
______
SA 6105. Mr. COTTON (for himself, Ms. Hassan, Ms. Lummis, Mr. Schatz, Mr. Banks, Mr. Ricketts, Mr. McCormick, Mr. Coons, Mr. Hawley, Ms. Warren, Mr. Cramer, Ms. Cortez Masto, Mr. Kennedy, Mr. Tillis, Mr. Tuberville, Ms. Alsobrooks, Mr. Kelly, Ms. Slotkin, Mr. Schumer, Mrs. Moody, and Mr. Scott of Florida) 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:
Text printed in the Record (10,116 characters)
At the end of title X, add the following:
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 is 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 Secretary determines that the U.S.-headquartered entity or its subsidiaries verifiably certifies that the U.S.-headquartered entity or its subsidiaries--
(i) maintain continuous and sufficiently secure control over the covered integrated circuit products throughout the operation and repair of the products (when such repair is conducted by or under the direct supervision of the U.S.-headquartered entity or its subsidiaries); and
(ii) dispose of the covered integrated circuit products in a manner that is verifiable and that ensures such products cannot be used for any activity that violations the Export Administration Regulations;
(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 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 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, listed under Country Group D:5 in Supplement No. 1 to Part 740 of the Export Administration Regulations; or
(B) any other country determined by the 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) Secretary.--The term "Secretary" means the Secretary of Commerce.
SEC. 1097. RULES OF CONSTRUCTION.
Nothing in this subtitle may be construed to direct the 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 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 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 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 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 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 Secretary plans to propose pursuant to implementing section [____06];
(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.
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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 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 maximum extent practicable, using techniques that are feasible and appropriate on such date of enactment.
(2) Proposed regulations.--
(A) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall promulgate proposed regulations implementing the requirements of paragraph (1).
(B) Requirements.--In promulgating the proposed regulations under subparagraph (A), the 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.
(3) Final rule.--Not later than one year after the date of the enactment of this Act, the Secretary, in robust consultation with the public in a manner determined appropriate by the Secretary and in consultation with the heads of other relevant Federal departments and agencies, shall promulgate a final 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 final 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.
(4) Stakeholder engagement.--In carrying out this subsection, the 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 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 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 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 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 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 Secretary to be appropriate, the Secretary may, not later than two years after the date on which the 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 Secretary shall prioritize mitigation of confidentiality and cybersecurity risk.
(c) Enforcement Authority.--In addition to the penalty and enforcement authorities granted to the 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 Secretary may--
(1) verify, in a manner the 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).
(d) Foreign Competitiveness Assessment and Related Authorities.--
(1) In general.--The Secretary shall annually assess the competitiveness of foreign covered integrated circuit products in relation to United States covered integrated circuit products.
(2) Waiver.--The 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 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 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.
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4801 et seq.).
(f) Administrative Procedures.--The provisions of section 1762 of the Export Control Reform Act of 2018 (50 U.S.C. 4821) 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.
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SA 6106. Mr. HUSTED 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:
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At the end of subtitle E of title X, insert the following:
SEC. 1050. REPORT ON DOMESTIC PRODUCTION OF FERROSILICON AND
SILICOMANGANESE.
(a) In General.--Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Director of the Defense Logistics Agency, shall submit to the congressional defense committees a report on the state of domestic production of ferrosilicon and silicomanganese.
(b) Elements.--The report required by subsection (a) shall include an assessment of--
(1) the scale, capacity, and utilization of domestic ferrosilicon and silicomanganese production facilities in operation as of the date of the report;
(2) the sufficiency of existing and projected domestic production to meet anticipated requirements of the Department of Defense for steel during the 10 years following the date of the report;
(3) the volume, country of origin, and supply chain reliability of imported ferrosilicon and silicomanganese used in domestic steel manufacturing for defense end uses;
(4) the economic feasibility of sustainable domestic production of ferrosilicon and silicomanganese, including--
(A) a comparison of domestic costs to global prices; and
(B) an assessment of the effect of foreign subsidization and overcapacity; and
(5) Federal authorities and programs available to support domestic production of ferrosilicon and silicomanganese.
______
SA 6107. Mr. HUSTED (for himself and Mrs. Gillibrand) 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:
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At the end of title X, add the following:
SEC. 1094. 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 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), 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.
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SA 6108. Mr. CRUZ (for himself, Mr. Fetterman, and Ms. Slotkin) 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:
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At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON CERTAIN EXPORTS.
(a) In General.--The Energy Policy and Conservation Act is amended by inserting after section 163 (42 U.S.C. 6243) the following:
"SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
"(a) In General.--The Secretary shall prohibit the export or sale of petroleum products drawn down from the Strategic Petroleum Reserve, under any provision of law, to--
"(1) the People's Republic of China;
"(2) the Democratic People's Republic of Korea;
"(3) the Russian Federation;
"(4) the Islamic Republic of Iran; and
"(5) any entity that is under the ownership or control of--
"(A) a country referred to in any of paragraphs (1) through (4); or
"(B) the Chinese Communist Party.
"(b) Waiver.--The Secretary may issue a waiver of the prohibition described in subsection (a) if the Secretary certifies that any export or sale authorized pursuant to the waiver is in the national security interests of the United States.
"(c) Rule.--Not later than 60 days after the date of enactment of the Banning SPR Oil Exports to Foreign Adversaries Act, the Secretary shall issue a rule to carry out this section.".
(b) Conforming Amendments.--
(1) Drawdown and sale of petroleum products.--Section 161(a) of the Energy Policy and Conservation Act (42 U.S.C. 6241(a)) is amended by inserting "and section 164" before the period at the end.
(2) Clerical amendment.--The table of contents for the Energy Policy and Conservation Act is amended by inserting after the item relating to section 163 the following:
"Sec. 164. Prohibition on certain exports.". (3) National policy on oil export restriction.--Section 101(b) of the Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a(b)) is amended by inserting "and section 164 of the Energy Policy and Conservation Act" after "and (d)". ______
SA 6109. Mr. TILLIS (for himself and Mrs. Shaheen) 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:
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At the end of title XII, add the following:
SEC. 1281. POLAND DEFENSE INDUSTRIAL COOPERATION PROGRAM.
(a) Establishment.--The Secretary of Defense, in coordination with the Secretary of State, shall establish a program to expand cooperation between the defense industrial bases of the United States and Poland to expand co-production capacity, enhance supply chain resilience, and support operational readiness for United States and allied forces. The program shall seek to--
(1) enhance bilateral cooperation between the United States and Poland;
(2) reduce barriers to co-production between the United States and Poland; and
(3) strengthen NATO's deterrence capability, including against malign influence from the Russian Federation and People's Republic of China.
(b) Elements.--The program established pursuant to subsection (a) may also include the following:
(1) Co-production of munitions, ground combat systems, air combat systems and other critical defense articles.
(2) The establishment and expansion of forward repair, maintenance, and sustainment capabilities in Poland.
(3) The identification and authorization of technology transfer necessary to establish co-production of co-sustainment capabilities in Poland that support the Armed Forces in Poland and NATO's deterrence capabilities.
(4) The development of redundant and resilient supply chains to carry out the objectives described in paragraphs (1) through (3) of subsection (a).
(5) Actions to identify and mitigate barriers to defense industrial base cooperation, including barriers relating to export controls, technology transfer, or contracting practices.
(c) Authorities.--In carrying out the program established pursuant to subsection (a), the Secretary of Defense shall coordinate with other Federal departments and agencies, including the Department of State and the Department of Commerce, in order to--
(1) enter into contracts, cooperative agreements, and other bilateral agreements (including under section 4022 of title 10, United States Code); and
(2) provide technical assistance, training, and equipment relating to defense industrial base cooperation.
(d) Industry Engagement.--The Secretary of Defense, in coordination with the Secretary of State, shall seek to coordinate with appropriate counterparts of Poland to convene an annual industry roundtable consisting of United States and Polish defense companies, with the goal of expanding cooperation and engagement across sectors and between government and industry with respect to activities to implement the program established pursuant to subsection (a).
(e) Report.--The Secretary of Defense, in coordination with the Secretary of State, shall annually for a period of 5 years submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report on--
(1) any additional legislative authorities required to carry out the program established pursuant to subsection (a) or any of the elements described in subsection (b); and
(2) any regulatory or policy barriers to achieving the objectives described in paragraphs (1) through (3) of subsection (a).
SEC. 1282. 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. 1283. 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.
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SA 6110. Mr. WARNER (for himself and Mr. Rounds) 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:
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At the appropriate place in title ___, insert the following:
SEC. __. ECONOMY OF THE FUTURE COMMISSION.
(a) Definitions.--In this section:
(1) Artificial intelligence.--The term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(2) Commission.--The term "Commission" means the Economy of the Future Commission established under subsection (b).
(3) Congressional leader.--The term "congressional leader" means the majority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the Senate, or the minority leader of the House of Representatives.
(4) NAICS.--The term "NAICS" means the North American Industry Classification System.
(b) In General.--There is established in the legislative branch a commission to develop consensus legislative recommendations addressing economic changes caused by the adoption of artificial intelligence, to be known as the "Economy of the Future Commission".
(c) Membership.--
(1) In general.--The Commission shall be composed of the following members:
(A) 12 members appointed by Congress in accordance with paragraph (2), of whom--
(i) the majority leader of the Senate and the Speaker of the House of Representatives shall each appoint 3 members; and
(ii) the minority leader of the Senate and the minority leader of the House of Representatives shall each appoint 3 members.
(B) Four persons appointed by the President, as nonvoting members.
(2) Congressional appointees.--Each congressional leader making appointments under paragraph (1)(A) shall--
(A) appoint 1 member who is serving as a Member of the house of Congress in which the congressional leader serves; and
(B) for any remaining appointments, appoint an individual who is not serving in Congress and who is nationally recognized for expertise, knowledge, or experience in--
(i) artificial intelligence technology;
(ii) education;
(iii) workforce retraining; or
(iv) taxation.
(3) Appointment.--Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act.
(4) Ethics.--A congressional leader who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission.
(d) Co-Chairs.--
(1) In general.--The Commission shall have 2 co-chairs, selected jointly by the congressional leaders from among the members of the Commission in accordance with paragraph (2).
(2) Co-chair requirements.--One co-chair of the Commission shall be a member of the Democratic Party, and one co-chair shall be a member of the Republican Party. One co-chair of the Commission shall be a Member of the House of Representatives and one co-chair shall be a Senator.
(e) Meetings; Quorum; Vacancies.--
(1) Initial meeting.--The Commission shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act.
(2) Additional meetings.--After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission.
(3) Quorum.--7 members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony.
(4) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.
(5) Quorum with vacancies.--If vacancies in the Commission occur on any day after 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day.
(f) Actions of Commission.--
(1) In general.--The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.
(2) Panels.--The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.
(3) Delegation.--Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section.
(g) Duties.--The duties of the Commission are--
(1) in general, to develop consensus legislative recommendations addressing economic changes caused by the adoption of artificial intelligence;
(2) to evaluate the effectiveness of, and develop consensus legislative recommendations that address and respond to the economic changes caused by, the adoption of artificial intelligence, including the effectiveness and economic changes of that adoption for--
(A) government data, research, and measurement;
(B) workforce development programs;
(C) kindergarten through grade 12 public education, career and technical education, and higher education; and
(D) social safety net programs and worker support;
(3) to develop consensus legislative recommendations addressing--
(A) the development of standards and metrics to evaluate and address artificial intelligence adoption across the Federal Government, including standards and metrics to identify and address artificial intelligence-specific skill and training needs across the Federal workforce;
(B) the relative merits of open-source and open-weight models of artificial intelligence for suitability for small-and medium-sized businesses and the use of open-source and open-weight models to improve the efficiency of government operations;
(C) the potential for a national Federal artificial intelligence research investment strategy;
(D) public and private sector partnerships to increase research access by academic institutions and small businesses to private sector computing, models, data, and software resources related to artificial intelligence;
(E) developing and scaling foundational manufacturing technologies related to artificial intelligence through government programs and public-private partnerships such as the Hollings Manufacturing Extension Program established under section 25(b) of the National Institute of Standards and Technologies Act (15 U.S.C. 278k);
(F) supply chain and manufacturing challenges to developing emerging technologies that are projected to heavily utilize artificial intelligence, such as robotics;
(G) the need for public and private sector collaboration in developing cloud computing-based laboratories for furthering research into key technology focus areas, as defined in section 10387(c) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19107(c)), utilizing artificial intelligence;
(H) changes to transportation safety policies and regulations caused by the adoption of artificial intelligence in land-, air-, and sea-based autonomous vehicles;
(I) energy generation, storage, and transmission demands caused by the development of the artificial intelligence industry and the construction and operation of domestic data centers; and
(J) the use of artificial intelligence-enabled robotics in government (other than in the Department of Defense) and industry; and
(4) to prepare the reports required under subsection (k).
(h) Powers of Commission.--
(1) In general.--The Commission or, on the authorization of the Commission, any subcommittee or member of, the Commission may, for the purpose of carrying out the provisions of this section--
(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and
(B) require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary.
(2) Contracting.--The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this section.
(B) Response.--Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission.
(C) Classified information.--The Commission shall handle and protect all classified information provided to it under this section in accordance with applicable statutes and regulations.
(4) Assistance from federal agencies.--Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law.
(5) Postal services.--The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the United States.
(6) Gifts.--
(A) No gifts for service.--No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission.
(B) Authority to accept gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property (including goods) from non-Federal entities for the purposes of aiding and facilitating the work of the Commission.
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The authority in this subparagraph does not extend to gifts of money.
(i) Staff of Commission.--
(1) In general.--The co-chairs of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix at a reasonable rate the compensation for a staff director and such other personnel as
may be necessary to enable the Commission to carry out its duties.
(2) Experts and consultants.--The co-chairs of the Commission may procure the services of experts and consultants in accordance with applicable law.
(3) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
(j) Compensation and Travel Expenses.--
(1) Compensation.--
(A) In general.--Except as provided in paragraph (B), each member of the Commission may be compensated at a rate set by the co-chairs that is reasonable for the services that such a member provides for each day during which that member is engaged in the actual performance of the duties of the Commission under this section.
(B) Exclusion.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission.
(2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, at a reasonable rate set by the co-chairs.
(k) Reports.--
(1) Interim report.--By not later than 7 months after the date of enactment of this Act, the Commission shall issue an interim report, to be disseminated to the public, including--
(A)(i) the initial estimates of changes in employment due to the adoption of artificial intelligence for 5 years and 10 years after the date of enactment of this Act, by 6-digit NAICS code; and
(ii) the Commission's level of confidence in such estimates;
(B)(i) Federal revenue estimates for tax years beginning 5 and 10 years after the enactment of this Act; and
(ii) commentary by the Commission on the likelihood that the adoption of artificial intelligence will increase or decrease revenue during each time period described in clause (i); and
(C) a description of high-quality, free resources that the public can access to learn more about artificial intelligence and the effects that its wide adoption may have on the global economy.
(2) Final report.--By not later than 13 months after the date of enactment of this Act, the Commission shall prepare and submit to Congress a final report regarding the impact of the adoption of artificial intelligence that includes legislative recommendations on artificial intelligence education, reskilling of employees needed due to the adoption of artificial intelligence, unemployment insurance, and taxation policy, and on maintaining global competitiveness in key industries including technology and manufacturing.
(l) Termination.--
(1) In general.--The Commission, and all the authorities of this section, shall terminate on the last day of the 120-day period beginning on the date on which the final report described in subsection (k)(2) is submitted to Congress.
(2) Closing activities.--The Commission may use the 120-day period immediately preceding termination for the purposes of concluding its activities, including providing testimony to Congress concerning the final report described in subsection (k)(2) and disseminating the report.
(m) Funding.--There is authorized to be appropriated to carry out this section, $5,250,000 for fiscal year 2027, to remain available until the date on which the Commission terminates under subsection (l)(1).
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SA 6111. Mrs. BLACKBURN 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:
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At the appropriate place, insert the following:
SEC. ___. PILOT PROGRAM FOR EXPEDITING EXAMINATION OF CERTAIN
CRITICAL AND EMERGING TECHNOLOGY PATENT
APPLICATIONS.
(a) Definitions.--In this section:
(1) Covered application.--The term "covered application" means an application for patent that contains at least 1 claimed invention directed to an eligible critical or emerging technology.
(2) Director.--The term "Director" means the Under Secretary of Commerce for Intellectual Property and Director of the Office.
(3) Eligible critical or emerging technology.--The term "eligible critical or emerging technology" means--
(A) an artificial intelligence capability relating to--
(i) machine learning;
(ii) deep learning;
(iii) reinforcement learning;
(iv) sensory perception or recognition;
(v) an artificial intelligence assurance or assessment technique;
(vi) a foundation model;
(vii) a generative artificial intelligence system or multimodal or large language model;
(viii) a synthetic data approach for training, tuning, or testing;
(ix) planning, reasoning, or decision making; or
(x) the improvement of artificial intelligence safety, trust, security, or responsible use;
(B) semiconductor design or an electronic design automation tool; or
(C) a quantum information science capability relating to--
(i) quantum computing;
(ii) materials, isotopes, or fabrication techniques for quantum devices;
(iii) quantum sensing; or
(iv) quantum communications or networking.
(4) Expedite.--The term "expedite" means, with respect to a covered application, to advance that covered application out of turn through the use of a petition to make special.
(5) Office.--The term "Office" means the United States Patent and Trademark Office.
(6) Pilot program.--The term "pilot program" means the pilot program established under subsection (b).
(b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Director shall establish a pilot program to expedite the examination, under section 131 of title 35, United States Code, of covered applications.
(c) Purpose.--The purpose of the pilot program shall be to encourage innovation by, and the leadership of, the United States with respect to critical or emerging technologies by ensuring that covered applications receive prompt consideration.
(d) Implementation.--In carrying out the pilot program, the Director may--
(1) by regulation, and in addition to the requirements under subsection (e), prescribe the conditions under which a covered application shall be accepted and examined under the pilot program, including--
(A) the requirements to participate in the pilot program;
(B) internal processing by the Office of covered applications under the pilot program;
(C) requirements for restriction or unity of inventions identified in covered applications;
(D) the period during which the applicant submitting the covered application may reply with respect to an action taken by the Office with respect to the covered application;
(E) standards relating to a reply described in subparagraph (D);
(F) standards or procedures governing--
(i) any amendment, affidavit, or other evidence filed after a final action taken by the Office with respect to the covered application; and
(ii) any process for appeal with respect to a final action described in clause (i); and
(G) the withdrawal, by an applicant, of a covered application submitted under the pilot program;
(2) waive--
(A) the petition fee described in section 1.102(d) of title 37, Code of Federal Regulations, or any successor regulation; or
(B) any other requirement of the Office relating to the accelerated examination program or the prioritized examination program; and
(3) consult with the Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Director of National Intelligence, or the head of any other Federal agency, as may be appropriate to carry out the pilot program.
(e) Qualifying Applications.--To best achieve the purpose of the pilot program, the Director shall ensure that a covered application satisfies the following requirements to qualify for the pilot program:
(1) The applicant submitting the covered application--
(A) is not a foreign entity of concern, as defined in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651); and
(B) certifies in the covered application that the inventor or any joint inventor with respect to any claimed invention in the covered application has not been named as the inventor or joint inventor with respect to more than 4 other covered applications submitted under the pilot program.
(2) The covered application is a noncontinuing, nonprovisional application for an original utility patent filed under section 111(a) of title 35, United States Code, that does not claim any domestic benefit under section 120, 121, 365(c), or 386(c) of that title.
(f) Termination.--
(1) In general.--The pilot program shall terminate on the earlier of the following:
(A) The date that is 5 years after the date on which the Director first accepts a covered application for participation in the pilot program.
(B) The date on which the Director has accepted 15,000 covered applications for participation in the pilot program, without regard to whether those covered applications have been expedited under the pilot program.
(2) Renewal.--If the pilot program terminates under paragraph (1)(B), the Director may renew the pilot program for the shorter of the following:
(A) An additional 5-year period, beginning on the date on which the pilot program terminates under paragraph (1)(B).
(B) An additional period--
(i) beginning on the date on which the pilot program terminates under paragraph (1)(B); and
(ii) ending on the date on which the Director has accepted an additional 15,000 covered applications for participation in the pilot program, without regard to whether those covered applications have been expedited under the pilot program.
(3) Notice of renewal.--The Director shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the intent of the Director to renew the pilot program under paragraph (2) not later than the date that is the earlier of the following:
(A) The date that is 60 days before the date described in paragraph (1)(A).
(B) The date that is 30 days after the date on which the Director has accepted 12,000 covered applications for participation in the pilot program, without regard to whether those covered applications have been expedited under the pilot program.
(g) Public Availability of Information.--The Director shall make publicly available in an easily accessible location on the website of the Office information about the pilot program, including--
(1) the number of covered applications submitted under the pilot program;
(2) the number of covered applications described in paragraph (1) that the Director has accepted for participation in the pilot program; and
(3) the number of patents that have been issued for inventions claimed in covered applications expedited under the pilot program.
(h) Report to Congress.--
(1) In general.--Not later than 180 days after the date on which the pilot program terminates (including any renewal of the pilot program under subsection (f)(2)), the Director 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 assesses the impact and effectiveness of the pilot program based on all available data.
(2) Applicability.--The collection of any data for the purposes of carrying out paragraph (1) shall be exempt from subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the "Paperwork Reduction Act").
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SA 6112. Mr. McCORMICK (for himself and Ms. Cortez Masto) 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:
Text printed in the Record (2,909 characters)
At the end of subtitle D of title XII, add the following:
SEC. 1252. ADVOCACY FOR INCREASED EXCHANGE RATE TRANSPARENCY
FROM THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate for--
(1) increased transparency from the People's Republic of China, and enhanced multilateral and bilateral surveillance by the Fund, with respect to the exchange rate arrangements of the People's Republic of China, including any indirect foreign exchange market intervention through Chinese financial institutions or state-owned enterprises;
(2) in connection with consultations with the People's Republic of China under Article IV of the Articles of Agreement of the Fund, the inclusion of any significant divergences by the People's Republic of China from the exchange rate policies of other issuers of currencies used in determining the value of Special Drawing Rights;
(3) during governance reviews of the Fund, stronger consideration by members and management of the Fund of the performance of the People's Republic of China as a responsible stakeholder in the international monetary system when evaluating quota and voting shares at the Fund; and
(4) increased transparency regarding the mechanisms through which the People's Republic of China utilizes Hong Kong's financial system to influence exchange rate arrangements and the value or use of Special Drawing Rights.
(b) Annual Reports on Implementation.--Not later than one year after the date of the enactment of this Act, and annually thereafter until the termination date described in subsection (c), the Secretary of the Treasury shall submit to Congress a report that--
(1) describes the specific actions taken by the United States Executive Director at the International Monetary Fund in the year preceding submission of the report to carry out subsection (a); and
(2) describes in detail the extent of the compliance of the People's Republic of China regarding transparency and any significant divergences noted in consultations under Article IV of the Articles of Agreement of the Fund.
(c) Sunset.--The requirement under subsection (a) shall terminate on the date that is 30 days after the earlier of--
(1) the date on which the United States Governor of the International Monetary Fund reports to Congress that the People's Republic of China--
(A) is in substantial compliance with obligations of the People's Republic of China under the Articles of Agreement of the Fund regarding orderly exchange rate arrangements; and
(B) has undertaken exchange rate policies and practices consistent with those of other issuers of currencies used in determining the value of Special Drawing Rights; or
(2) the date that is 7 years after the date of the enactment of this Act.
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SA 6113. Mr. HUSTED (for himself and Mr. Whitehouse) 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:
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At the appropriate place, insert the following:
SEC. ___. EXCLUSION FROM DEFINITION OF PRODUCTION FACILITY.
Section 11 v. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(v)) is amended, in the second sentence, by striking "separating the isotopes of uranium or enriching uranium in the isotope 235" and inserting "(A) separating isotopes of uranium or enriching uranium in the isotope 235; or (B) reprocessing spent nuclear fuel in a manner that does not separate plutonium from other transuranic elements".
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SA 6114. Mr. HUSTED 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:
Text printed in the Record (3,101 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1271. ANALYSIS OF THREATS POSED BY FOREIGN ADVERSARY
ACCESS TO CONTROLLED ITEMS WITHIN THE UNITED
STATES.
(a) In General.--The Under Secretary of the Bureau of Industry and Security of the Department of Commerce, acting through the Executive Director of the Office of Information and Communications Technology and Services (OICTS) shall, not later than 90 days after the date of the enactment of this Act, complete a review of the impact on United States export control effectiveness by operations of United States-domiciled affiliates of entities described in subsection (b)(1)(B) and the national security threats posed by foreign adversary exploitation of vulnerabilities in information and communications technology and services (ICTS).
(b) Contents.--The review required by subsection (a) shall address the following:
(1)(A) Whether United States-domiciled affiliates (defined as owned 50 percent or more in the aggregate, directly or indirectly) of the entities described in subparagraph (B) can acquire items that their ultimate parent companies are restricted from accessing due to United States export controls.
(B) The entities described in this subparagraph are--
(i) entities identified on the Entity List; or
(ii) entities identified on the Military End User List.
(2) If the review concludes affirmatively the question posed in paragraph (1), the impact on the effectiveness of United States export controls.
(3) The risks to United States national security or export control effectiveness, if any, posed by the operation of foreign-adversary controlled ICTS.
(4) Whether any specific sectors of foreign-adversary controlled ICTS pose undue risk, such as by undermining export control effectiveness.
(5) What steps, if any, the Under Secretary of the Bureau of Industry and the Executive Director of the OICTS intend to take within the next year to address the threats found in paragraphs (1) through (4).
(6) Any recommended change to United States law that would help address any threats found from this review.
(c) Report.--The Under Secretary of the Bureau of Industry and Security of the Department of Commerce, acting through the Executive Director of the Office of Information and Communications Technology and Services (OICTS) shall, not later than 30 days after completing the review required by subsection (a), provide the results of the review to Committee on Foreign Affairs in the House of Representatives and the Committee on Banking, House, and Urban Affairs in the Senate.
(d) Definitions.--In this section--
(1) the term "Entity List" means the list required pursuant to Supplement No. 4 to
part 744 of title 15, Code of Federal Regulations, or successor regulations by the Bureau of Industry and Security of the Department of Commerce; and
(2) the term "Military End User List" means the list required pursuant to Supplement No. 7 to part 744 of title 15, Code of Federal Regulations, or successor regulations by the Bureau of Industry and Security of the Department of Commerce.
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SA 6115. Mr. GRASSLEY (for himself and Mr. Coons) 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:
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At the appropriate place, insert the following:
SEC. __. ANTI-RETALIATION PROTECTION FOR AI WHISTLEBLOWERS.
(a) Prohibition Against Retaliation.--No employer may, directly or indirectly, discharge, demote, suspend, threaten, blacklist, harass, or in any other manner discriminate against a covered individual in the terms and conditions of employment or post-employment of the covered individual (or, in the case of a covered individual who is not an employee, the terms and conditions of work or post-work of the covered individual) because of any lawful act done by the covered individual--
(1) in providing information regarding an AI violation, or any conduct that the covered individual reasonably believes constitutes an AI violation, to--
(A) the appropriate regulatory official or the Attorney General;
(B) a regulatory or law enforcement agency; or
(C) any Member of Congress or any committee of Congress;
(2) in initiating, testifying in, or assisting in any investigation or judicial or administrative action of an appropriate regulatory or law enforcement agency or the Department of Justice, or any investigation of Congress, based upon or related to the information described in paragraph (1); or
(3) in providing information regarding an AI violation, or any conduct that the covered individual reasonably believes constitutes an AI violation, to--
(A) a person with supervisory authority over the covered individual at the employer of the covered individual; or
(B) another individual working for the employer described in subparagraph (A) whom the covered individual reasonably believes has the authority to--
(i) investigate, discover, or terminate the misconduct; or
(ii) take any other action to address the misconduct.
(b) Enforcement.--
(1) In general.--A covered individual who alleges they are aggrieved by a violation of subsection (a) may seek relief under paragraph (3) by--
(A) filing a complaint with the Secretary of Labor in accordance with the requirements of paragraph (2)(A); or
(B) if the Secretary of Labor has not issued a final decision in accordance with such paragraph within 180 days of the filing of a complaint under subparagraph (A), and there is no showing that such a delay is due to the bad faith of the covered individual, bringing an action against the employer at law or in equity in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.
(2) Procedure.--
(A) Department of labor complaints.--
(i) In general.--Except as provided in clauses (ii) and (iii) and paragraph (3), a complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed by the rules and procedures set forth in section 42121(b) of title 49, United States Code, including the legal burdens of proof described in such section.
(ii) Exceptions.--With respect to a complaint filed under paragraph (1)(A), notification required under section 42121(b)(1) of title 49, United States Code, shall be made to each person named in the complaint, including the employer.
(iii) Enforcement of orders.--In addition to any final order issued pursuant to paragraph (3) of section 42121(b) of title 49, United States Code, with respect to a complaint filed by a covered individual under paragraph (1)(A), a preliminary order issued pursuant to paragraph (2) of such section by the Secretary of Labor with respect to such a complaint may be enforced by the Secretary of Labor pursuant to section 42121(b)(5) of such title or by the covered individual pursuant to section 42121(b)(6) of such title.
(B) District court actions.--
(i) Jury trial.--A party to an action brought under paragraph (1)(B) shall be entitled to trial by jury.
(ii) Statute of limitations.--
(I) In general.--An action may not be brought under paragraph (1)(B)--
(aa) more than 6 years after the date on which the violation of subsection (a) occurs; or
(bb) more than 3 years after the date on which facts material to the right of action are known, or reasonably should have been known, by the covered individual bringing the action.
(II) Required action within 10 years.--Notwithstanding subclause (I), an action under paragraph (1)(B) may not in any circumstance be brought more than 10 years after the date on which the violation occurs.
(3) Relief.--Relief for a covered individual prevailing with respect to a complaint filed under paragraph (1)(A) or an action under paragraph (1)(B) shall include--
(A) reinstatement with the same seniority status that the covered individual would have had, but for the violation;
(B) 2 times the amount of back pay otherwise owed to the covered individual, with interest;
(C) the payment of compensatory damages, which shall include compensation for litigation costs, expert witness fees, and reasonable attorneys' fees; and
(D) any other appropriate remedy with respect to the violation as determined by the Secretary of Labor in a complaint under subparagraph (A) of paragraph (1) or by the court in an action under subparagraph (B) of such paragraph.
(c) Nonenforceability Waivers of Rights or Remedies.--The rights and remedies provided for in this section may not be waived or altered by any contract, agreement, policy form, or condition of employment (or condition of work or post-work), including by any agreement requiring a covered individual to engage in arbitration, mediation, or any other alternative dispute resolution process prior to seeking relief under subsection (b).
(d) Rights Retained by Covered Individuals.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law, or under any collective bargaining agreement.
(e) Predispute Arbitration Agreements.--No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section.
(f) Definitions.--In this section:
(1) AI violation.--The term "AI violation" means--
(A) any violation of Federal law, including rules and regulations, related to or committed as part of the development, deployment, or use of artificial intelligence or an artificial system;
(B) any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligence may pose to public safety, public health, or national security; or
(C) any failure or lapse in security that reasonably could be expected to cause artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other unlawful means.
(2) Artificial intelligence.--The term "artificial intelligence" includes any of the following:
(A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.
(B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
(C) An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
(D) A set of techniques, including machine learning, that are designed to approximate a cognitive task.
(E) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.
(F) Any computational technique, system, or process that is designed to approximate, automate, or augment functions of human cognition, perception, planning, prediction, decision making, communication, or physical action, including machine learning, statistical inference, knowledge representation, or algorithmic reasoning.
(3) Artificial system.--The term "artificial system"--
(A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, including in the case--
(i) the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
(ii) artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system;
(B) means any system, tool, or application that--
(i) uses artificial intelligence to generate outputs affecting digital or physical environments; and
(ii) operates with some capacity to generalize, adapt, or perform tasks beyond those explicitly pre-programmed by human designers; and
(C) does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.
(4) Commerce.--The terms "commerce" and "industry or activity affecting commerce" mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).
(5) Covered individual.--The term "covered individual" includes--
(A) an employee, including a former employee; and
(B) a current or former independent contractor, contractor, subcontractor, or agent.
(6) Employer.--The term "employer" means any person (including any officer, employee, contractor, subcontractor, agent, company, partnership, or other individual or entity) engaged in commerce or an industry or activity affecting commerce who pays any compensation to a covered individual in exchange for the covered individual providing work to the person.
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SA 6116. Mr. PAUL 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:
Text printed in the Record (6,147 characters)
At the appropriate place, insert the following:
SEC. ___. RISKY RESEARCH REVIEW ACT.
(a) Short Title.--This section may be cited as the "Risky Research Review Act".
(b) Life Sciences Research Security Board.--Subtitle V of title 31, United States Code, is amended by adding at the end the following:
"7901. Definitions. "7902. Establishment and membership. "7903. Board personnel. "7904. Board mission and functions. "7905. Agency procedures; referral to Board. "7906. Board review. "7907. GAO Audits. "7908. Funding.
"Sec. 7901. Definitions
"In this chapter:
"(1) Agency.--The term `agency' has the meaning given the term in section 552(f) of title 5.
"(2) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Energy and Commerce of the House of Representatives.
"(3) Board.--The term `Board' means the Life Sciences Research Security Board established under section 7902(a).
"(4) Dual use research of concern.--The term `dual use research of concern'--
"(A) means life sciences research that, based on current understanding, can be reasonably anticipated to provide knowledge, information, products, or technologies that could--
"(i) be misapplied to do harm with no modification or only a minor modification; and
"(ii) pose a significant threat with potential consequences to public health and safety, agricultural crops and other plants, animals, materiel, or national security; and
"(B) includes--
"(i) life sciences research that could--
"(I) increase transmissibility of a pathogen within or between host species;
"(II) increase the virulence of a pathogen or convey virulence to a non-pathogen;
"(III) increase the toxicity of a known toxin or produce a novel toxin;
"(IV) increase--
"(aa) the stability of a pathogen or toxin in the environment; or
"(bb) the ability to disseminate a pathogen or toxin;
"(V) alter the host range or tropism of a pathogen or toxin;
"(VI) decrease the ability for a human or veterinary pathogen or toxin to be detected using standard diagnostic or analytical methods;
"(VII) increase resistance of a pathogen or toxin to clinical or veterinary prophylactic or therapeutic interventions;
"(VIII) alter a human or veterinary pathogen or toxin to disrupt the effectiveness of pre-existing immunity, via immunization or natural infection, against the pathogen or toxin;
"(IX) enhance the susceptibility of a host population to a pathogen or toxin;
"(X) enhance transmissibility of a pathogen in humans;
"(XI) enhance the virulence of a pathogen in humans;
"(XII) enhance the immune evasion of a pathogen in humans, such as by modifying the pathogen to disrupt the effectiveness of pre-existing immunity via immunization or natural infection; or
"(XIII) generate, use, reconstitute, or transfer an eradicated or extinct high-consequence pathogen; and
"(ii) any other category of life sciences research that the Board, by majority vote of the members of the Board, identifies and publishes in the Federal Register.
"(5) Employee.--The term `employee' means an individual described in section 2105(a) of title 5.
"(6) Federal funding.--The term `Federal funding' means amounts awarded by an agency pursuant to an intramural or extramural grant, cooperative agreement, interagency agreement, contract, or other instrument.
"(7) Gain of function research.--The term `gain of function research' means a research experiment that may enhance the transmissibility or virulence of a high-consequence pathogen.
"(8) High-consequence pathogen.--The term `high-consequence pathogen'--
"(A) means a wild-type or synthetic pathogen that--
"(i)(I) is likely capable of wide and uncontrollable spread in human populations; and
"(II) would likely cause moderate to severe disease or mortality in humans; or
"(ii) is--
"(I) subject to subparagraph (B), influenza A virus;
"(II) classified under subgenus Sarbecovirus;
"(III) classified under subgenus Merbecovirus;
"(IV) Variola orthopoxvirus;
"(V) Mpox orthopoxvirus;
"(VI) Nipah henipavirus;
"(VII) Hendra henipavirus;
"(VIII) Ebola orthoebolavirus;
"(IX) Marburg marburgvirus;
"(X) Lassa mammarenavirus;
"(XI) Junin arenavirus;
"(XII) Crimean-Congo hemorrhagic fever orthonairovirus;
"(XIII) Hantaan orthohantavirus;
"(XIV) Sin Nombre orthohantavirus;
"(XV) Yersinia pestis;
"(XVI) a select agent or toxin, work with which poses a significant risk of deliberate misuse;
"(XVII) any other pathogen or category of pathogen that a majority of members of the Board--
"(aa) identifies as a high-consequence pathogen; and "(bb) publishes in the Federal Register; or
"(XVIII) any synthetic construct of a pathogen or category of pathogen described in this clause; and
"(B) does not include a seasonal influenza virus, unless a seasonal influenza virus has been manipulated to include genetic sequences from a pathogen described in subparagraph (A).
"(9) High-risk life sciences research.--The term `high-risk life sciences research' means life sciences research that is--
"(A) dual use research of concern involving a high-consequence pathogen; or
"(B) gain of function research.
"(10) Life sciences research.--The term `life sciences research'--
"(A) means the study or use of a living organism, a virus, or a product of a living organism or virus; and
"(B) includes each discipline, methodology, and application of biology, including biotechnology, genomics, proteomics, bioinformatics, and pharmaceutical and biomedical research and techniques.
"(11) Select agent or toxin.--The term `select agent or toxin' means a select agent or toxin identified under--
"(A) section 73.3(b) of title 42, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act;
"(B) section 331.3(b) of title 7, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act; or
"(C) section 121.3(b) of title 9, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act.
"Sec. 7902.
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Establishment and membership
"(a) Establishment.--There is established as an independent agency within the Executive Branch a board to be known as the `Life Sciences Research Security Board' to review proposed Federal funding for life sciences research in accordance with section 7906.
"(b) Appointment of Members.--
"(1) In general.--The President shall appoint, without regard to political affiliation, 9 individuals who are citizens of the United States to serve as members of the Board for not more than 2 terms of 4 years each, including--
"(A) the Executive Director appointed under section 7903(a);
"(B) 5 nongovernmental scientists in a life sciences field;
"(C) 2 nongovernmental national security experts; and
"(D) 1 nongovernmental biosafety expert.
"(2) Period for nominations.--The President shall make appointments, other than the Executive Director, to the Board not later than 30 days after the date of enactment of this chapter.
"(3) Considerations of recommendations.--The President shall make appointments to the Board after considering individuals recommended by the chair and ranking member of the appropriate congressional committees.
"(4) Qualifications.--Individuals appointed to the Board--
"(A) shall--
"(i) be impartial individuals; and
"(ii) be distinguished individuals of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to conduct an impartial assessment of the potential risks and benefits associated with Federal funding of high-risk life sciences research to public health and national security; and
"(B) may not be an employee on the date of the appointment or during the 3-year period preceding the date of the appointment.
"(5) Limitations.--Not more than 4 concurrent members of the Board may be an employee, a subcontractor, a previous employee, or a previous subcontractor of--
"(A) the Department of Defense;
"(B) the Department of Homeland Security;
"(C) the National Institute of Allergy and Infectious Diseases of the Department of Health and Human Services;
"(D) the Office of the Director of National Intelligence; or
"(E) the Department of Energy.
"(6) Consideration by the senate.--
"(A) In general.--Nominations for appointment to the Executive Director of the Board shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration.
"(B) Renomination.--A member of the Board who is recommended to serve a second term shall be nominated for appointment to the Board, and such nomination shall be referred pursuant to subparagraph (A).
"(7) Vacancy.--Not later than 30 days after the date on which a vacancy on the Board occurs, the vacancy shall be filled in the same manner as specified for the original appointment.
"(8) Removal.--
"(A) In general.--No member of the Board shall be removed from office, other than by--
"(i) impeachment and conviction;
"(ii) the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member's duties; or
"(iii) the Board in accordance with subparagraph (B).
"(B) Action by board.--If the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include removal.
"(C) Notice of removal by president.--
"(i) In general.--In the case of the removal of a member of the Board by the President as described in subparagraph (A)(ii), not later than 10 days after the removal, the President shall submit to the chair and ranking member of the appropriate congressional committees a report specifying the facts found and the grounds for removal.
"(ii) Publication of report.--The President shall publish in the Federal Register each report submitted under clause (i), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publicly publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law.
"(c) Mandatory Conflicts of Interest Review.--
"(1) In general.--The Board, in consultation with the Director of the Office of Government Ethics, shall--
"(A) not later than 180 days after the date of the enactment of this chapter--
"(i) establish criteria to determine whether there is a conflict of interest with respect to any individual appointed to the Board, taking into consideration requirements under Federal law relating to ethics requirements for employees; and
"(ii) upon an appointment of a member to the Board under subsection (a)(1) thereafter, conduct a review of each individual nominated and appointed to the Board to ensure the individual does not have any conflict of interest under the criteria established pursuant to clause (i); and
"(B) periodically thereafter, conduct a review of each individual nominated and appointed to the Board to ensure the individual does not have any conflict of interest under the criteria established pursuant to subparagraph (A)(i) during the term of service of the individual.
"(2) Notification.--
"(A) In general.--Not later than 3 days after the date on which the Director of the Office of Government Ethics becomes aware that a member of the Board possesses a potential conflict of interest under the criteria established pursuant to paragraph (1)(A)(i), the Director of the Office of Government Ethics shall notify the chair and ranking member of the appropriate congressional committees of the potential conflict of interest.
"(B) Notification by member.--Not later than 30 days after the date on which a member of the Board becomes aware that another member of the Board possesses a potential conflict of interest under the criteria established pursuant to paragraph (1)(A)(i), the member of the Board or the Executive Director of the Board shall notify the chair and ranking member of the appropriate congressional committees of the potential conflict of interest.
"(d) Security Clearances.--All members of the Board shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner, subject to the standard procedures for granting such clearances. All nominees for appointment to the Board shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate.
"(e) Participation in High-Risk Life Sciences Research.--
"(1) Disclosure required.--A member of the Board shall disclose whether the member has participated in or is currently participating in high-risk life sciences research.
"(2) Conflicts of interest.--
"(A) In general.--The participation in high-risk life sciences research by a member of the Board--
"(i) shall be considered a potential conflict of interest; and
"(ii) shall be subject to scrutiny by the Director of the Office of Government Ethics.
"(B) Determination.--If the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include--
"(i) the recusal of the affected member from relevant discussions and determinations; and
"(ii) removal of the affected member from the Board.
"(f) Compensation of Members.--
"(1) In general.--Subject to such rules as may be adopted by the Board, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, a member of the Board, other than the Executive Director, shall be compensated at a rate--
"(A) proposed by the Executive Director and approved by the Board;
"(B) not to exceed the rate of basic pay for level II of the Executive Schedule; and
"(C) that is commensurate with--
"(i) the time a member of the Board spends engaged in the performance of duties on the Board; and
"(ii) necessary traveling expenses.
"(2) Outside employment.--Subject to terms and approval determined by the Director of the Office of Government Ethics, a member of the Board may maintain outside employment and affiliations while serving on the Board.
"(g) Oversight.--
"(1) Senate.--The Committee on Homeland Security and Governmental Affairs of the Senate shall--
"(A) have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and
"(B) have access to any records provided to or created by the Board.
"(2) House of representatives.--The Committee on Energy and Commerce of the House of Representatives shall--
"(A) have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and
"(B) have access to any records provided to or created by the Board.
"(3) Duty to cooperate.--The Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection.
"(4) Security clearances.--The chair and ranking member of the appropriate congressional committees, and designated committee staff, shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs.
"(h) Office Space.--
"(1) In general.--In selecting office space for the Board, the Board shall exhaust options for unused office spaces owned by the Federal Government as of the date of enactment of this chapter.
"(2) Secure office space.--
"(A) Requests.--In order to review or discuss classified information, the Board shall request an accommodation from relevant agencies to access sensitive compartmented information facilities on an as-needed basis.
"(B) Fulfilment.--The head of an agency from which the Board requests an accommodation under subparagraph (A) shall accommodate the request in a timely manner.
"Sec. 7903.
Text printed in the Record (9,304 characters)
Board personnel
"(a) Executive Director.--
"(1) Appointment.--Not later than 45 days after the date of enactment of this chapter, the President shall appoint, by and with the advice and consent of the Senate, 1 individual who is a citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Board for a term of 4 years.
"(2) Qualifications.--The individual appointed as Executive Director under paragraph (1) shall be a private individual of integrity and impartiality who--
"(A) is a distinguished scientist in a life sciences field; and
"(B) is not, and has not been for the 3-year period preceding the date of the appointment--
"(i) an employee; or
"(ii) a participant in high-risk life sciences research supported by Federal funding.
"(3) Security clearances.--
"(A) In general.--A candidate for Executive Director of the Board shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner, subject to the standard procedures for granting such clearances.
"(B) Qualification prior to appointment.--The President shall ensure that a candidate for Executive Director of the Board qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment.
"(4) Functions.--The Executive Director of the Board shall--
"(A) serve as principal liaison to Congress and agencies;
"(B) serve as chair of the Board;
"(C) be responsible for the administration and coordination of the responsibilities of the Board; and
"(D) be responsible for the administration of all official activities conducted by the Board.
"(5) Removal.--Notwithstanding section 7902(b)(8), the Executive Director shall not be removed for reasons other than for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Board.
"(6) Terms.--An Executive Director of the Board shall not serve more than 2 terms.
"(b) Staff.--
"(1) In general.--Without regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service, the Board may appoint not more than 25 additional personnel to enable the Board and the Executive Director to perform the duties of the Board.
"(2) Qualifications.--Each individual appointed to the staff of the Board--
"(A) shall be a citizen of the United States of integrity and impartiality;
"(B) shall have expertise in the life sciences field or the national security field; and
"(C) may not be a participant in any federally funded research activity on the date of the appointment or during the course of service of the individual on the Board.
"(3) Security clearances.--
"(A) In general.--A candidate for appointment to the staff of the Board shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner, subject to the standard procedures for granting such clearances.
"(B) Conditional employment.--
"(i) In general.--The Board may offer conditional employment to a candidate for a staff position of the Board pending the completion of security clearance background investigations. During the pendency of such investigations, the Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted materials.
"(ii) Unqualified staff.--If the Board determines that an individual hired on a conditional basis under clause (i) is not eligible or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Board shall immediately terminate the individual's employment.
"(4) Support from agencies.--
"(A) In general.--The head of each agency shall designate not less than 1 full-time employee of the agency as the representative of the agency to--
"(i) provide technical assistance to the Board; and
"(ii) support the review process of the Board with respect to the agency under section 7906 in a non-voting staff capacity.
"(B) Prohibition.--A representative of an agency designated under subparagraph (A) and any employee of an agency may not directly or indirectly influence in any capacity a determination by the Board under section 7906 with respect to life sciences research funded by the agency.
"(c) Compensation.--Subject to such rules as may be adopted by the Board, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, the Executive Director of the Board shall--
"(1) be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule;
"(2) serve the entire tenure as Executive Director as 1 full-time employee; and
"(3) appoint and fix the compensation of such other personnel as may be necessary to carry out this chapter.
"Sec. 7904. Board mission and functions
"(a) Mission.--The mission of the Board shall be to issue an independent determination as to whether an agency may award Federal funding for proposed high-risk life sciences research, which shall be binding upon the agency.
"(b) Powers.--The Board shall have the authority to act in a manner to carry out the mission described in subsection (a), including authority to--
"(1) prescribe regulations to carry out the responsibilities of the Board;
"(2) establish a process for the review of Federal funding for high-risk life sciences research prior to the award of the Federal funding, which shall be binding upon an agency, including information designated as classified or otherwise protected from disclosure;
"(3) direct an agency to make available to the Board additional information and records, including information designated as classified or otherwise protected from disclosure, that the Board determines are required to fulfill the functions and responsibilities Board under this chapter;
"(4) review any classified research conducted or funded by any agency to determine whether the research would be considered high-risk life sciences research; and
"(5) through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter.
"(c) Initial Requirements.--The Board shall--
"(1) not later than 180 days after the date of appointment of the initial members of the Board under section 7902, publish procedures in the Federal Register establishing the process for the review by the Board under section 7906;
"(2) prior to the establishment of the procedures under paragraph (1), consult with the appropriate congressional committees and heads of agencies for purposes of developing such procedures; and
"(3) not later than 270 days after the date of the enactment of this chapter, begin carrying out the duties described in section 7906.
"(d) Responsiveness to Congress.--Notwithstanding any other provision of law, not later than 30 days after the date on which the Board receives a request for information from a Member of Congress, the Board shall respond to the request.
"(e) Congressional Briefings.--Not less frequently than quarterly, the Board shall brief the appropriate congressional committees on the work of the Board.
"(f) Select Agent or Toxin Updates.--
"(1) In general.--Not later than 15 days after the date on which the Board receives a notification that a select agent or toxin has been added to a list of agent or toxins under a regulation described in paragraph (2), the Board shall--
"(A) review the select agent or toxin;
"(B) by majority vote of members of the Board, determine whether the select agent or toxin should be added into the definition of `select agent or toxin' under section 7901; and
"(C) publish any addition determined under subparagraph (B) in the Federal Register.
"(2) Regulations described.--A regulation described in this paragraph is--
"(A) section 73.3(b) of title 42, Code of Federal Regulations, or any successor regulation;
"(B) section 331.3(b) of title 7, Code of Federal Regulations, or any successor regulation; and
"(C) section 121.3(b) of title 9, Code of Federal Regulations, or any successor regulation.
"(g) Final Determination Authority.--In any dispute with an agency or entity relating to the classification of life sciences research under this chapter, the Board shall retain final and ultimate authority in--
"(1) determining whether the life sciences research is high-risk life sciences research, dual use research of concern involving a high-consequence pathogen or gain of function research;
"(2) interpreting definitions in section 7901; and
"(3) determining whether a proposed Federal award for life sciences research is subject to the review process of the Board under section 7906(a)(1).
"Sec. 7905.
Text printed in the Record (10,414 characters)
Agency procedures; referral to Board
"(a) In General.--
"(1) Prohibition.--The head of an agency may not award Federal funding for--
"(A) high-risk life sciences research without approval by the Board under section 7906(a)(1)(B); or
"(B) life sciences research if the Board, in accordance with section 7906(a)(2)(A)(ii), submits notification to the agency under section 7906(a)(2)(B)(i) that Board is reviewing the Federal funding for life sciences research under section 7906(a) until the date on which the Board makes a final determination with respect to the proposed Federal funding.
"(2) Effective date.--Paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this chapter.
"(b) High-Risk Attestation; Select Agent or Toxin Disclosure; Certification.--
"(1) In general.--An entity seeking Federal funding from an agency for life sciences research shall, under the penalty of perjury--
"(A) attest whether--
"(i) the life sciences research will constitute high-risk life sciences research; and
"(ii) the entity is performing active research with a select agent or toxin; and
"(B) if the entity makes a positive attestation under subparagraph (A), disclose the source of funding for all active research.
"(2) Active research with select agents or toxins.--
"(A) In general.--The head of an agency that receives a disclosure from an entity
under paragraph (1)(B) shall submit to the Board the disclosure.
"(B) Board inquiries.--The Board may contact an entity that submits a disclosure under paragraph (1)(B) to request additional information relating to the disclosure.
"(3) Agency certification.--
"(A) Positive attestations.--The head of an agency making an award of Federal funding to an entity that makes a positive attestation under paragraph (1)(A)(i) shall--
"(i) submit to the Board the high-risk life sciences proposal; and
"(ii) using the process established by the head of the agency under paragraph (4), certify the validity of the attestation.
"(B) Negative attestations.--The head of an agency making an award of Federal funding to an entity that makes a negative attestation under paragraph (1)(A)(i) shall--
"(i) review the attestation; and
"(ii) using the process established by the head of the agency under paragraph (4), certify the validity of the attestation.
"(4) Process for review.--The head of each agency that awards Federal funding for life sciences research, in consultation with the Board, shall establish and implement a process for identifying proposals from entities seeking Federal funding for life sciences research from the agency that will constitute high-risk life sciences research.
"(5) Maintenance of records.--The head of each agency shall--
"(A) maintain records of the certification process described in paragraph (3) for each application for Federal funding in accordance with chapter 31 of title 44; and
"(B) make the records maintained under subparagraph (A) available for audit and review upon request by the Board.
"(c) Notification.--
"(1) In general.--Not later than 30 days before the date on which the head of an agency plans to award Federal funding to an entity for life sciences research, the head of the agency shall submit to the Board a notification of the proposed Federal funding.
"(2) Contents.--The notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b).
"(3) Board requests.--
"(A) In general.--The Board may request additional information from the head of an agency relating to a notification submitted under paragraph (1).
"(B) Provision of information.--The head of an agency from which the Board request additional information under subparagraph (A) shall provide the information in a timely manner.
"(d) Agency Procedures.--Not later than 180 days after the date on which the Board publishes the process of the Board in the Federal Register pursuant to section 7904(c), the head of each agency shall publish on the website of the agency prepayment and preaward procedures of the agency with respect to Federal funding for life sciences research to--
"(1) guarantee that--
"(A) all high-risk life science research proposals are referred to the Board before the award of Federal funding by the agency;
"(B) no Federal funding for high-risk life sciences research is awarded by the agency without approval by the Board; and
"(C) not later than 30 days before the date on which the head of the agency plans to award the Federal funding, the agency notifies the Board of the proposal for Federal funding; and
"(2) otherwise ensure compliance with this chapter.
"(e) Provision of Additional Information.--Upon request by the Board, the head of an agency shall provide any information relating to Federal funding awards for life sciences research determined necessary by the Board to provide oversight of the agency.
"(f) Change in Circumstances During Research.--If, during the course of life sciences research in progress performed by an entity supported by Federal funding from an agency, circumstances arise such that the life sciences research in progress may constitute high-risk life sciences research in contravention to the attestation of the entity under subsection (b)(1)(A)(i)--
"(1) the entity shall--
"(A) not later than 24 hours after the identification of the change in circumstance, pause the life sciences research in progress; and
"(B) not later than 5 days after the date of the identification of the change in circumstance, submit to the head of the agency a written notification through an electronic or nonelectronic communication method that--
"(i) notifies the head of the agency of the possibility that the life sciences research in progress may constitute high-risk life sciences research; and
"(ii) includes a detailed description of each change in circumstance that may transform the life sciences research in progress into high-risk life sciences research; and
"(2) the head of the agency shall--
"(A) using the process of the agency established under subsection (b)(4), determine whether the life sciences research in progress constitutes high-risk life sciences research;
"(B) if the head of the agency makes a negative determination under subparagraph (A), inform the entity that the entity may resume the life sciences research in progress; and
"(C) if the head of the agency makes a positive determination under subparagraph (A), immediately submit to the Board a notification of the Federal funding of high-risk life sciences research in progress for review under section 7906(a)(1).
"(g) Enforcement.--
"(1) Applicant requirements.--If an entity seeking or receiving Federal funding from an agency knowingly fails to make a true attestation under subsection (b)(1) or promptly notify the agency of a change in circumstance in accordance with subsection (f)(1), the head of the agency shall refer the entity to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.
"(2) Referral to inspector general.--The Board shall refer any employee of an agency responsible for overseeing and reviewing research proposals relating to Federal funding that knowingly fails to comply with subsection (b)(3) to the inspector general of the agency.
"(3) Employee discipline.--
"(A) In general.--The head of an agency employing an employee who knowingly violates any provision of subsection (b)(3) (or, in the case of the head of an agency who violates any provision of subsection (b)(3), the President) shall impose on that employee--
"(i) disciplinary action in accordance with chapter 75 of title 5 or an equivalent procedure of the agency; and
"(ii) permanent revocation of any applicable security clearance held by the employee.
"(B) Contractor penalty.--In the case of contractor working under a contract with an agency who knowingly violates subsection (b)(1), the head of the agency shall refer the contractor to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.
"(C) Employee discipline reports.--
"(i) In general.--Not later than 360 days after the date of enactment of this Act, and not less frequently than once every 90 days thereafter, the head of each agency shall submit to the Board and the appropriate congressional committees a report that discloses, for the period covered by the report, each violation by an employee of the agency of subsection (b)(3).
"(ii) Contents.--Each report submitted under clause (i) shall include, with respect to a violation described in that clause--
"(I) the name and professional title of each employee engaged in the violation;
"(II) a detailed explanation of the nature of the violation; and
"(III) the date of the violation.
"(iii) Publication.--Not later than 5 days after the date on which the Board receives a report under clause (i), the Board shall publish on a publicly accessible and searchable website the amount of violations that have been committed under clause (i).
"(h) Subaward and Subcontractor Disclosure.--
"(1) In general.--During the course of high-risk life sciences research in progress performed by an entity supported by Federal funding from an agency, the entity shall--
"(A) continuously disclose to the head of the agency any subcontracts or subawards made or planned to be made with the Federal funding; and
"(B) obtain consent from the head of the agency before awarding a subcontract or award described in subparagraph (A).
"(2) Agency submission.--Not later than 30 days after the date on which the head of an agency receives a disclosure under paragraph (1), the head of the agency shall submit to the Board the disclosure.
"(3) Board inquiries.--
"(A) In general.--The Board may contact an entity that submits a disclosure under paragraph (1) to request additional information relating to the disclosure.
"(B) Access to reports.--During the course of high-risk life sciences research in progress performed by an entity supported by Federal funding from an agency, upon request, the Board shall have access to every annual report of--
"(i) the agency;
"(ii) the entity performing the high-risk life sciences research; and
"(iii) any subcontractor or subawardee of an entity described in clause (ii).
"Sec. 7906.
Text printed in the Record (10,153 characters)
Board review
"(a) In General.--
"(1) High-risk life sciences research.--Not later than 120 days after the date on which the Board receives a notification from an agency under section 7905(c) relating to proposed Federal funding for life sciences research that constitutes high-risk life sciences research or the Board receives a notification from an agency under section 7905(f)(2)(C) relating to Federal funding of research in progress that constitutes high-risk life sciences research, the Board shall--
"(A) review the proposed Federal funding or high-risk life sciences research in progress;
"(B) by a majority vote, determine whether the agency may award the proposed Federal funding or continue to award the Federal funding for the high-risk life sciences research in progress; and
"(C) by a majority vote, determine with respect to the high-risk life sciences research funded by the proposed Federal funding or Federal funding for high-risk life sciences research in progress--
"(i) the minimum required biosafety containment level, engineering controls, and operational controls;
"(ii) the minimum required biosecurity engineering controls and operational controls; and
"(iii) the minimum required personnel assurance controls.
"(2) Proposed life sciences research.--
"(A) In general.--With respect to proposed Federal funding by an agency for life sciences research, the Board may--
"(i) review the proposed Federal funding; and
"(ii) determine whether the Board should review the proposed Federal funding in accordance with paragraph (1).
"(B) Notification.--If the Board makes a positive determination under subparagraph (A)(ii) with respect to proposed Federal funding by an agency--
"(i) the Board shall notify the head of the agency; and
"(ii) the head of the agency may not award the proposed Federal funding until the date on which the Board makes a final determination with respect to the proposed Federal funding under paragraph (1).
"(3) Past funding.--With respect to life sciences research performed with Federal funding awarded by an agency before the date of enactment of this chapter, the Board may review and audit the research in order to assess the compliance of the agency with the provisions of this chapter.
"(4) Ongoing funding for life sciences research.--With respect to Federal funding for life sciences research in progress awarded by an agency before the date of enactment of this Act that the Board determines may constitute high-risk life sciences research, the Board may--
"(A) direct the agency to temporarily suspend the Federal funding;
"(B) require the agency to provide complete information on the Federal funding in order for the Board to complete a review of the life sciences research under paragraph (1); and
"(C) by a majority vote of members of the Board, determine whether the agency may continue the Federal funding.
"(b) Considerations.--
"(1) In general.--In making a determination under subsection (a)(1)(B), the Board shall consider, with respect to the high-risk life sciences research that will be conducted with the proposed Federal funding or high-risk life sciences research in progress--
"(A) whether the research poses a threat to public health;
"(B) whether the research poses a threat to public safety;
"(C) whether the research has a high probability of producing benefits for public health;
"(D) whether the research poses a threat to large populations of animals and plants;
"(E) whether the research poses a threat to national security;
"(F) whether the research is proposed to be conducted in whole or at least in part in a foreign country;
"(G) the reasonably anticipated material risks of the research;
"(H) the reasonably anticipated information risks of the research;
"(I) the reasonably anticipated benefits of the research;
"(J) whether the reasonably anticipated benefits of the research outweigh the reasonably anticipated risks; and
"(K) whether the benefits of the research could be obtained through procedures posing lower risks.
"(2) Weight of factors.--The presence or absence of any factor under paragraph (1) shall not be decisive with respect to the determination of the Board under subsection (a)(1)(B).
"(c) Notice Following Review and Determination.--
"(1) Agency notification.--Not later than 5 days after the date on which the Board makes a determination under subsection (a)(1)(B) with respect to Federal funding by an agency, the Executive Director of the Board shall notify the head of the agency of the determination.
"(2) Board consultation.--
"(A) In general.--Not later than 10 days after receiving a notification from the Board under paragraph (1), the head of an agency may request a meeting with the Board to discuss the determination of the Board.
"(B) Board response.--The Board shall schedule a meeting requested by the head of an agency under subparagraph (A) in a timely manner.
"(3) Notification to appropriate congressional committees.--If the Board determines that the head of an agency may not proceed with an award of proposed Federal funding under this section, the Executive Director of the Board shall notify the appropriate congressional committees when the Board notifies the head of the agency.
"(d) Request for Expedited Review.--
"(1) Definition.--In this subsection, the term `emergency research' means high-risk life sciences research submitted to the Board that relates to a public health emergency or addresses a specific national security concern.
"(2) Request; notification.--The head of an agency seeking expedited review from the Board to award Federal funding for emergency research shall--
"(A) include a request for expedited review in the notification required under section 7905(c); and
"(B) on the date of the notification described in subparagraph (A), submit to the Board and the appropriate congressional committees a notification that explains why the specific public health emergency or national security concern necessitates expedited review under this subsection.
"(3) Internal process.--The Board shall establish an internal process under which the Board will give proposed emergency research expedited review under this section.
"(4) Temporary emergency research.--If the Board does not notify the head of an agency with a determination under subsection (a)(1)(B) with respect to proposed emergency research by the 15 days after the date on which the head of the agency submits a request under paragraph (2)(A), the head of the agency may award Federal funding for the emergency research on a temporary basis.
"(e) Scientific Expert Panels.--
"(1) In general.--The Board may establish a scientific panel of nongovernmental experts to advise the Board in the review by the Board of life sciences research pursuant to this chapter.
"(2) Policies and procedures.--The Board shall establish and publish in the Federal Register procedures and policies relating to conflicts of interest, recusal, expertise, and related matters before the establishment of the panel described in paragraph (1).
"(3) Prohibition.--An individual serving on the panel established under paragraph (1) may not advise the Board on any matter with respect to which the individuals has an identified or perceived conflict of interest.
"(4) Report.--
"(A) In general.--Not later than 30 days after the date on which the Board establishes a panel established under paragraph (1), the Board shall submit to the appropriate congressional committees a report that includes the names, qualifications, and any identified or perceived conflicts of interest of individuals who serve on the panel.
"(B) Panel changes.--Upon a change of personnel on the panel established under paragraph (1), the Board shall immediately submit to the appropriate congressional committees an update to the report required under subparagraph (A).
"(f) Report.--
"(1) In general.--Not later than 360 days after the date on which the Board establishes the panel described in subsection (e)(1), and annually thereafter, the Board shall submit to the appropriate congressional committees a report, which shall include a classified annex, summarizing, with respect to each determination by the Board under this section relating to high-risk life sciences research--
"(A) the findings of the Board;
"(B) the determination of the Board;
"(C) the name and location of the entity proposing the life sciences research;
"(D) the name and location of any recipient of a subaward or subcontractor of an entity proposing life sciences research and the nature of the participation of such a recipient or subcontractor; and
"(E) an account of significant challenges or problems, including procedural or substantive challenges or problems, that arise during the course of the work of the Board, including the views of any member of the Board who wishes to have those views included in the report.
"(2) Public report.--On the date on which the Board submits a report required under paragraph (1), the Board shall make the report, other than the classified annex included in the report, available on a website.
"(g) Effective Date.--This section shall take effect on the date that is 270 days after the date of enactment of this chapter.
"Sec. 7907. GAO Audits
"The Comptroller General of the United States shall periodically audit the Board.
"Sec. 7908. Funding
"There is authorized to be appropriated to the Board to carry out this chapter $30,000,000 for each of fiscal years 2026 through 2035.".
(c) Clerical Amendment.--The table of chapters for subtitle V of title 31, United States Code, is amended by adding at the end the following:
"79. Life Sciences Research Security Board................7901".....
(d) Financial Disclosure Reports of Board Members.--Section 13103(f) of title 5, United States Code, is amended--
(1) in paragraph (11), by striking "and" at the end;
(2) in paragraph (12), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following:
"(13) a member of the Life Sciences Research Security Board established under section 7902 of title 31.".
______
SA 6117. Mr. PAUL 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:
Text printed in the Record (10,701 characters)
At the end of title X, add the following:
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the "Royalty Transparency Act".
SEC. 1095. 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 1096 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 1096 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 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.
Text printed in the Record (8,734 characters)
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. 1096. 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 1095(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 1095(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. 1097. 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. 1098. 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.
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SA 6118. Ms. ERNST 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:
Text printed in the Record (1,214 characters)
At the appropriate place, insert the following:
SEC. ___. VISITORS TO NATIONAL LABORATORIES.
(a) Definitions.--In this section:
(1) Country of concern.--The term "country of concern" means--
(A) the People's Republic of China;
(B) the Democratic People's Republic of Korea;
(C) the Russian Federation;
(D) the Islamic Republic of Iran; and
(E) any other country determined by the Secretary of State.
(2) Covered visitor.--
(A) In general.--The term "covered visitor" means a foreign national from a country of concern that--
(i) is not an employee of the Department of Energy or the management and operations contractor operating a National Laboratory on behalf of the Department of Energy; and
(ii) has requested access to the premises, information, or technology of a National Laboratory.
(B) Exclusion.--The term "covered visitor" does not include any lawful permanent resident of the United States.
(b) Prohibition.--No funds made available under this Act may be expended on a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) that admits a covered visitor to any area of the National Laboratory that is not accessible to the general public.
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SA 6119. Ms. ERNST 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:
Text printed in the Record (9,546 characters)
At the end of subtitle B of title VIII, add the following:
SEC. 823. PROHIBITION ON CONTRACTING WITH CERTAIN
CONSULTANCIES.
(a) Prohibition Related to Certain Contracts or Grants.--
(1) In general.--The Secretary may not after the date of the enactment of this Act enter into, renew, extend a contract with, award a grant to, enter into an other transactional agreement with, or otherwise effectuate any legal instrument resulting in any financial benefit accruing to, a covered consultancy.
(2) Disclosure.--Any individual or entity that submits an offer or bid to provide consulting services to the Department of Defense shall disclose in such offer or bid any information relevant to the individual or entity with respect to the prohibition under paragraph (1), including--
(A) whether the individual or entity has entered into a contract with, or received grants or other financial awards from, a covered entity in the five years prior to submitting the offer or bid; and
(B) at the time the contract to provide consulting services to the Department will be entered into, whether--
(i) any contract entered into by the individual or entity with a covered entity will still be in effect; or
(ii) the individual or entity will be receiving funds from, or have any unobligated or unexpended funds received under, any grant or other financial award from a covered entity.
(3) Penalties.--
(A) In general.--If the Secretary determines that a contractor of the Department failed to make the disclosure required by paragraph (2), the Secretary shall--
(i) terminate the applicable contract for cause; and
(ii) initiate a suspension and debarment proceeding with respect to the contractor.
(B) Maximum length of debarment.--The maximum length of a debarment of a contractor pursuant to this paragraph shall be a period of 5 years.
(b) Certification.--
(1) In general.--After a determination by the Secretary that a company is a covered consultancy, such company may submit to the Secretary a written and signed certification that--
(A) the consultancy no longer is--
(i) performing under a contract with a covered entity;
(ii) carrying out activities under a grant received from a covered entity; or
(iii) receiving funds, or has any unobligated or unexpended funds received, from a covered entity; and
(B) will not enter into, accept, or pursue a contract with a covered entity or a grant or other financial award from a covered entity--
(i) during the term of a contract with the Department of Defense; or
(ii) while receiving funds from the Department of Defense, or obligating or expending any such funds.
(2) Status change.--Upon the approval by the Secretary of a certification submitted under paragraph (1), a company is deemed to not be a covered consultancy for the purposes of this section until the expiration of the certification under paragraph (3).
(3) Expiration.--A certification submitted by a company under paragraph (1) shall expire on the earlier of the date on which the company, after submitting such certification, enters into, extends, renews, or performs under a contract with a covered entity for consulting services.
(c) Policies and Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue the following policies and practices:
(1) Policies to implement the prohibition under subsection (a)(1).
(2) Best practices for consultancies to avoid becoming covered consultancies under this section and for covered consultancies to end their status as such.
(3) A policy articulating the exact provisions and terms to be included in solicitations, contracts, and grants of the Department of Defense pursuant to paragraphs (2) and (3) of subsection (a).
(d) Revision of Department of Defense Acquisition Regulation.--Not later than one year after the date of enactment of this Act, the Secretary shall amend the Defense Federal Acquisition Regulation Supplement to implement this section.
(e) Definitions.--In this section:
(1) Consulting services.--The term "consulting services" has the meaning given the term "advisory and assistance services" in section 2.101 of the Federal Acquisition Regulation, except that--
(A) the term does not include the services described in paragraph (3) of such section; and
(B) each instance of the term "Federal" is replaced with "client".
(2) Contract employee.--The term "contract employee" means--
(A) an employee of a contractor; or
(B) in the case of a contractor who is an individual who directly enters into a contract with the Federal Government, that individual.
(3) Contractor.--The term "contractor" has the meaning given the term in section 7101 of title 41, United States Code.
(4) Covered consultancy.--The term "covered consultancy" means a company that, itself or any subsidiary or affiliate thereof, in the later of the five-year period preceding the date of the relevant requirement or the effective date of the relevant requirement--
(A) failed to disclose information to the Secretary related to any activities involving a covered entity as required by any law, regulation, or contract term, or terms of other agreements;
(B) was found to have submitted false or misleading information to any Federal agency in any Federal proceeding; or
(C) was found to have failed to disclose an actual or potential conflict of interest as required by any law, regulation, or contract term to any Federal agency or in any Federal proceeding.
(5) Covered entity.--The term "covered entity" means any of the following:
(A) The Government of the People's Republic of China.
(B) The Chinese Communist Party.
(C) The People's Liberation Army, the Ministry of State Security, or any security service or intelligence agency of the People's Republic of China.
(D) Any entity on the Non-SDN Chinese Military-Industrial Complex Companies List (NS-CMIC-List) maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 14032 (86 Fed. Reg. 30145; relating to addressing the threat from securities investments that finance certain companies of the People's Republic of China), or any successor order.
(E) Any Chinese military company identified by the Secretary of Defense pursuant to section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note).
(F) Any entity owned (25 percent or more) or controlled, directly or indirectly, by the Government of the People's Republic of China or the Chinese Communist Party, including through board representation, voting rights, contractual arrangements, or other means of effective control, that is engaged in one or more national security industries.
(G) The Government of the Russian Federation, any entity owned (25 percent or more) or controlled, directly or indirectly by the Russian Federation, or any entity sanctioned by the Secretary of the Treasury.
(H) The government or any State-owned entity of any country if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism pursuant to--
(i) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or
(iv) any other provision of law.
(I) Any entity included on any of the following lists maintained by the Department of Commerce:
(i) The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations.
(ii) The Denied Persons List as described in section 764.3(a)(2) of the Export Administration Regulations.
(iii) The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations.
(J) The Military End User List set forth in Supplement No. 7 to part 744 of the Export Administration Regulations.
(K) A foreign adversary, as that term is defined in this subsection.
(L) An individual or entity included on any sanctions list administered by the Office of Foreign Assets Control of the Department of the Treasury or of the Department of Justice, including any successor list.
(6) Export administration regulations.--The term "Export Administration Regulations" means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations.
(7) Foreign adversary.--The term "foreign adversary" means the following:
(A) The Democratic People's Republic of North Korea.
(B) The People's Republic of China.
(C) The Russian Federation.
(D) The Islamic Republic of Iran.
(E) The Republic of Cuba.
(F) Venezuelan politician Nicolas Maduro (the Maduro Regime).
(8) National security industry.--The term "national security industry" means--
(A) a military-related industry;
(B) semiconductor production;
(C) researching or commercializing quantum computing;
(D) developing artificial intelligence products or services;
(E) the biotechnology industry;
(F) the cybersecurity industry;
(G) the mining, processing, or refining of critical minerals (as such term is defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) for use by a covered entity; or
(H) other emerging technologies (as that term is defined in section 6701 of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117-263; 50 U.S.C. 3024 note).
(9) Secretary.--The term "Secretary" means the Secretary of Defense.
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SA 6120. Ms. ERNST 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:
Text printed in the Record (1,644 characters)
At the end of subtitle D of title XXVIII add the following:
SEC. 2873. REPORT ON UNDERUTILIZED AIR NATIONAL GUARD
AIRFIELD INFRASTRUCTURE.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Chief of the National Guard Bureau and the Commander of United States Strategic Command, shall submit to the congressional defense committees a report evaluating the feasibility, infrastructure readiness, and cost-benefits of co-locating permanent, manned flying missions at installations of the Air National Guard that possess, as of the date of the report, active runways but lack manned active aircraft.
(b) Elements.--The report required under subsection (a) shall include the following:
(1) An inventory of installations of the Air National Guard described in subsection (a) that possess active runway infrastructure of 9,000 feet or greater, secure military enclaves, and proximity to regional training corridors or geographic commands.
(2) An assessment of the capacity of such joint use commercial airfield infrastructure, including taxiways and secure ramp space, to host permanent or distributed strategic assets.
(3) An evaluation of the workforce readiness and technical expertise, including cyber, intelligence, and remotely piloted aircraft operations, to support advanced manned flying missions.
(4) An assessment of alternative or distributed basing options required to support strategic long-range strike systems in the event that total procurement exceeds the initial approved acquisition quantity for long-range strike systems.
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SA 6121. Mr. PAUL 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:
Text printed in the Record (2,085 characters)
At the end of subtitle G of title X, add the following:
SEC. 1__. DESIGNATION OF CINCINNATI/NORTHERN KENTUCKY
INTERNATIONAL AIRPORT AS PORT OF ENTRY FOR THE
IMPORTATION AND EXPORTATION OF WILDLIFE AND
WILDLIFE PRODUCTS BY THE UNITED STATES FISH AND
WILDLIFE SERVICE.
(a) Study Required.--
(1) In general.--Not later than 90 days after the date of enactment of this Act, the Director of the United States Fish and Wildlife Service (referred to in this section as the "Director") shall carry out a study to determine the cost of designating Cincinnati/Northern Kentucky International Airport (referred to in this section as "CVG") as a port of entry designated for the importation and exportation of wildlife and wildlife products under section 14.12 of title 50, Code of Federal Regulations (or a successor regulation).
(2) Submission of cost estimates.--
(A) In general.--On completion of the study required under paragraph (1), the Director shall submit to the interested stakeholders described in subparagraph (B) the estimated cost of facilitating the designation described in paragraph (1).
(B) Interested stakeholders described.--The interested stakeholders referred to in subparagraph (A) include--
(i) the airport sponsor or operator of CVG;
(ii) any air carrier that operates at CVG, including any air carrier that operates a hub at CVG; and
(iii) any other entity, as determined appropriate by the Director.
(b) Designation.--Not later than 90 days after the date on which the Director completes the study required under subsection (a)(1), the Director, with public funds or, in accordance with subsection (c), private funds, shall designate CVG as a port of entry designated for the importation and exportation of wildlife and wildlife products under section 14.12 of title 50, Code of Federal Regulations (or a successor regulation).
(c) Donations.--The Director may accept donations from private entities and, notwithstanding section 3302 of title 31, United States Code, may use those donations to fund the designation required under subsection (b).
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SA 6122. Mr. GRASSLEY (for himself and 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:
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At the appropriate place, insert the following:
SEC. ___. DEBT LIMIT MODIFICATIONS.
(a) Short Title.--This section may be cited as the "Bankruptcy Threshold Adjustment Act of 2026".
(b) Modification to the Small Business Bankruptcy Debt Limit.--Section 1182(1) of title 11, United States Code, is amended to read as follows:
"(1) Debtor.--The term `debtor'--
"(A) subject to subparagraph (B), means a person engaged in commercial or business activities (including any affiliate of such person that is also a debtor under this title and excluding a person whose primary activity is the business of owning single asset real estate) that has aggregate noncontingent liquidated secured and unsecured debts as of the date of the filing of the petition or the date of the order for relief in an amount not more than $7,500,000 (excluding debts owed to 1 or more affiliates or insiders) not less than 50 percent of which arose from the commercial or business activities of the debtor; and
"(B) does not include--
"(i) any member of a group of affiliated debtors under this title that has aggregate noncontingent liquidated secured and unsecured debts in an amount greater than $7,500,000 (excluding debt owed to 1 or more affiliates or insiders);
"(ii) any debtor that is a corporation subject to the reporting requirements under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); or
"(iii) any debtor that is an affiliate of a corporation described in clause (ii).".
(c) Modification to the Consumer Bankruptcy Debt Limit.--Section 109 of title 11, United States Code is amended by striking subsection (e) and inserting the following:
"(e) Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated debts that aggregate less than $2,750,000 or an individual with regular income and such individual's spouse, except a stockbroker or a commodity broker, that owe, on the date of the filing of the petition, noncontingent, liquidated debts that aggregate less than $2,750,000 may be a debtor under chapter 13 of this title.".
(d) Effective Date.--The amendments made by this section shall apply to any case that is commenced under title 11, United States Code, on or after the date of enactment of this Act.
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SA 6123. Mr. SULLIVAN 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:
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At the end of subtitle C of title XXVIII, add the following:
SEC. 2849. LAND CONVEYANCE AND BOUNDARY ADJUSTMENT, ADAK,
ALASKA.
(a) Removal From National Wildlife Refuge System.--Notwithstanding sections 303 through 305 of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2389), Executive Order 1733, dated March 3, 1913, Public Land Order 1949, dated August 19, 1959, and any other provision of law, the land described in subsection (d) is hereby removed from the National Wildlife Refuge System.
(b) Conveyance.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall convey to the Secretary of the Navy all right, title, and interest of the United States in and to the land described in subsection (d).
(c) Use of Land.--Notwithstanding any other provision of law, the land conveyed under subsection (b) shall be used by the Secretary of the Navy--
(1) as an armament and high-hazard testing site;
(2) for training for aerial gunnery, rocketry, electronic warfare, and tactical maneuvering and air support;
(3) for equipment and tactics development and testing; and
(4) for other defense-related purposes as identified by the Secretary of the Navy.
(d) Land Description.--The land to be conveyed under subsection (b) consists of approximately 5,399.46 acres of land on Adak Island, Alaska, withdrawn under Public Land
Order Number 1949, dated August 19, 1959, as modified but not revoked by Public Land Order Number 7609, dated July 7, 2004, known as T. 95 S., R. 195 W., Seward Meridian, Alaska, Tract A, as depicted on Bureau of Land Management Master Title Plat dated February 18, 2014.
(e) Effect.--Nothing in this section shall be construed to effect--
(1) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) or any other law related to management of the National Wildlife Refuge System; or
(2) the status, boundaries, or management of any land within the Alaska Maritime National Wildlife Refuge, other than the land described in subsection (d).
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SA 6124. Mr. SULLIVAN 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:
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At the appropriate place, insert the following:
SEC. ___. ANALYSIS OF CERTAIN HUMANOID OR QUADRUPED ROBOTICS
COMMUNICATIONS EQUIPMENT OR SERVICES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Appropriate national security agency; communications equipment or service.--The terms "appropriate national security agency" and "communications equipment or service" have the meanings given those terms in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).
(3) Commission.--The term "Commission" means the Federal Communications Commission.
(4) Country of concern.--The term "country of concern" has the meaning given the term in section 1(m)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)).
(5) Covered foreign entity.--The term "covered foreign entity" means--
(A) an entity that--
(i) is headquartered in, has its principal place of business in, or is organized under the laws of a country of concern; or
(ii) is subject to the influence, direction, or control of the government of a country of concern;
(B) an affiliate or wholly or partially owned subsidiary of an entity described in subparagraph (A);
(C) an entity in a joint venture with an entity described in subparagraph (A); or
(D) an entity with which an entity described in subparagraph (A) has a technology sharing or licensing agreement.
(6) Covered list.--The term "covered list" means the list of covered communications equipment or services published by the Commission under section 2(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(a)).
(7) Covered robotics communications equipment or service.--The term "covered robotics communications equipment or service" means--
(A) any humanoid or quadruped robot that--
(i) is produced or provided by a covered foreign entity; and
(ii) requires communications equipment or service; and
(B) any software designed to control a humanoid or quadruped robot described in subparagraph (A).
(8) Humanoid or quadruped robot.--The term "humanoid or quadruped robot" means--
(A) a mechanical device that--
(i) possesses a body structure that uses 1 or more articulated limbs, or a combination of articulated limbs and wheels, for locomotion, navigation, or movement on the ground; and
(ii) operates at a distance from a human operator or supervisor autonomously, semi-autonomously, based on commands or response to sensor data or any combination thereof; and
(B) any external device designed to control a mechanical device described in subparagraph (A).
(b) Evaluation of Covered Robotics Communications Equipment or Services.--
(1) Determination of risk.--Not later than 1 year after the date of enactment of this Act, an appropriate national security agency shall determine if covered robotics communications equipment or services pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.
(2) Addition to covered list.--If, as of the date that is 1 year after the date of enactment of this Act, an appropriate national security agency has not made the determination required under paragraph (1), the Commission shall add all covered robotics communications equipment or services to the covered list.
(3) Exception.--Paragraph (2) shall not apply with respect to any covered robotics communications equipment or service that an appropriate national security agency determines, not later than 1 year after the date of enactment of this Act, does not pose an unacceptable risk to the national security of the United States or the safety and security of United States persons.
(c) Effect of Other Determinations.--
(1) Determined to pose unacceptable risk.--Not later than 30 days after an appropriate national security agency determines that any covered robotics communications equipment or service poses an unacceptable risk to the national security of the United States or the security and safety of United States persons under subsection (b)--
(A) the Commission shall place that covered robotics communications equipment or service on the covered list; and
(B) the appropriate national security agency shall submit to the appropriate congressional committees a report on the determination of that appropriate national security agency, which shall be submitted in unclassified form but may contain a classified annex.
(2) Determined not to pose unacceptable risk.--If an appropriate national security agency determines that any covered robotics communications equipment or service does not pose an unacceptable risk to the national security of the United States or the security and safety of United States persons--
(A) not later than 30 days after the date on which that appropriate national security agency makes that determination, that appropriate national security agency shall submit to the appropriate congressional committees and all other appropriate national security agencies a report on the determination, which shall be submitted in unclassified form but may contain a classified annex; and
(B) not later than 180 days after the date on which that appropriate national security agency makes that determination, all other appropriate national security agencies shall review the determination and shall submit to the appropriate congressional committees a report on the respective determinations of those appropriate national security agencies, which shall be submitted in unclassified form but may contain a classified annex.
(d) Rule of Construction.--Nothing in this section may be construed to apply to any country that is not a country of concern, including a member of the North Atlantic Treaty Organization or a major non-NATO ally (as defined in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403)).
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SA 6125. Mr. SULLIVAN 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:
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At the end of subtitle A of title XV, add the following:
SEC. 1510A. ACQUISITION OF SPACE-BASED TACTICAL DATA
CAPABILITY.
(a) Finding.--Congress finds that robust competition in the space industrial base is essential to ensuring United States space superiority and the ability of the Space Force to provide national security mission-critical space warfighting systems and operations across the joint force.
(b) Requirement to Maximize Competition.--Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section:
"Sec. 2279e. Contracting for space-based functional data
capability
"The head of an agency shall, to the maximum extent practicable, ensure that--
"(1) space acquisitions employ procedures that maximize competition;
"(2) mission-critical national security space-based systems that deliver space-based tactical data within a program and across the armed forces shall, to the greatest extent practicable, be procured from an open competition allowing for competition between multiple vendors, and the products of such vendors shall comply with interfaces and standards that maximize resilience and interoperability with Department of Defense systems; and
"(3) the launch services for such systems are procured through the fastest and most efficient contract available, including commercial delivery-in-orbit launch service agreements.".
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SA 6126. Mr. SULLIVAN 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:
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At the appropriate place in title X, insert the following:
SEC. ___. CARGOES PROCURED, FURNISHED, OR FINANCED BY THE
UNITED STATES GOVERNMENT.
Section 55305(b)(2) of title 46, United States Code, is amended by striking "2030" and inserting "2027".
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SA 6127. 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:
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At the appropriate place, insert the following:
SEC. ___. EXTENTTON OF WAR RESERVES STOCKPILE AUTHORITY.
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, 2029".
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SA 6128. Mr. SULLIVAN (for himself and Mr. Whitehouse) 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:
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At the end of title X, add the following:
SEC. __1. SHORT TITLE.
This subtitle may be cited as the "Fighting Foreign Illegal Seafood Harvests Act of 2025" or the "FISH Act of 2025".
SEC. __2. 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. __3. 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. __4. 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.
"(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 Fighting Foreign Illegal Seafood Harvests Act of 2025 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 Fighting Foreign Illegal Seafood Harvests Act of 2025, 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. __5.
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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. __6. 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. __7. 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 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. __8. 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. __9. 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 Fighting Foreign Illegal Seafood Harvests Act of 2025, 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. __10.
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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. __11. 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. __12. 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. __13. 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
(B) in the matter preceding subparagraph (A), by striking "fiscal years 2021 through 2025" and inserting "fiscal years 2026 through 2031".
SEC. __14. 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. __15. 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.
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SA 6129. Mr. HAGERTY (for himself and 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:
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At the appropriate place, insert the following:
SEC. ___. INNOVATE TO DE-ESCALATE MODERNIZATION ACT.
(a) Short Title.--This section may be cited as the "Innovate to De-Escalate Modernization Act".
(b) Exemption of Certain Less-than-lethal Projectile Devices From Restrictions Under Title 18, United States Code.--
Section 921(a) of title 18, United States Code, is amended--
(1) in the second sentence of paragraph (3), by inserting "or a less-than-lethal projectile device" before the period; and
(2) by adding at the end the following:
"(38)(A) The term `less-than-lethal projectile device' means a device that--
"(i) is not designed or intended to expel, and may not be readily converted to accept and discharge--
"(I) ammunition commonly used in handguns, rifles, or shotguns; or
"(II) any other projectile at a velocity exceeding 500 feet per second;
"(ii) is designed and intended to be used in a manner that is not likely to cause death or serious bodily injury; and
"(iii) does not accept, and is not able to be readily modified to accept, an ammunition feeding device--
"(I) loaded through the inside of a pistol grip; or
"(II) commonly used in semiautomatic firearms.
"(B) If a person requests that the Attorney General determine whether a device satisfies the definition of `less-than-lethal projectile device' under subparagraph (A), the Attorney General shall make the determination not later than 90 days after the date on which the Attorney General receives the device pursuant to the request.".
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SA 6130. Mr. GRASSLEY 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:
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At the appropriate place, insert the following:
SEC. ___. ANTI-GAG PROVISION.
Section 2302(a)(2)(C)(i) of title 5, United States Code, is amended by inserting "or in the case of a nondisclosure policy, form, or agreement described under subsection (b)(13)" after "(D)".
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SA 6131. Mr. MURPHY 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:
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At the appropriate place in title X, insert the following:
SEC. ___. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF CERTAIN
AIRCRAFT PROVIDED BY GOVERNMENT OF QATAR.
(a) Review.--The Comptroller General of the United States shall conduct a review of the donation of a luxury aircraft, incorporated into the United States executive airlift fleet as the VC-25B Bridge aircraft, from the Government of Qatar to the United States Air Force, including an analysis of the circumstances of the gift, any conflicts of interest, and the total cost to the United States.
(b) Elements.--The review conducted under subsection (a) shall include the following:
(1) An analysis of the circumstances surrounding the agreement between the Government of Qatar and United States for the donation of the aircraft, including an assessment of any conflicts of interest, explicit or implicit conditions, and side agreements, and whether such actions constituted the solicitation of a gift.
(2) An analysis of the terms of the memorandum of understanding signed by United States and Qatari officials to formalize the donation, including an assessment of any conflicts of interest, explicit or implicit conditions, and side agreements.
(3) An accounting of the full monetary value of the aircraft and associated equipment donated from the Government of Qatar to the United States Air Force.
(4) An accounting of the full cost to the United States Government for upgrading and retrofitting the aircraft for delivery to the executive airlift fleet, including the cost of modifications, testing, accelerated delivery schedule, and additional aircraft or other equipment purchased, leased, or used in support of aircraft delivery, testing, and operation.
(5) An analysis of--
(A) the funding sources used to pay for the activities described in paragraph (4); and
(B) any impacts on other national security programs due to diversion of funding, Government or contractor workforce, or other resources.
(6) An analysis of national security concerns related to the VC-25B Bridge aircraft following the truncated period of retrofitting, modifying, and testing the aircraft for delivery.
(7) A consideration of the legality and constitutionality of the acceptance by the United States Government of this foreign gift under the Foreign Emoluments Clause of the Constitution of the United States, section 7342 of title 5, United States Code, and other related United States statutes.
(8) Recommendations for improvements to United States statute related to accepting foreign gifts and luxury aircraft to minimize conflicts of interest, corruption, and frivolous use of American taxpayer dollars for the personal benefit of United States officials.
(c) Submission of Report.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the findings of the review conducted under subsection (a).
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SA 6132. Mr. MURPHY 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:
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At the appropriate place in title X, insert the following:
SEC. __. PROHIBITION ON CERTAIN TRANSFERS OF AIRCRAFT
PROVIDED BY GOVERNMENT OF QATAR.
No aircraft provided by the Government of Qatar to the United States Air Force may be transferred from the United States executive airlift fleet to any individual or entity (including a Presidential library), or otherwise made available, for the personal use of any President, any family member of a President, or any other associate of a President before or after the Presidential term of that President concludes.
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SA 6133. Ms. WARREN 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:
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SEC. __. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS
WHO SERVED IN UNITED STATES CADET NURSE CORPS
DURING WORLD WAR II.
Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection:
"(g)(1)(A) Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of this title (including with respect to headstones and markers), other than such benefits relating to the interment of the individual in Arlington National Cemetery provided solely by reason of such service.
"(B)(i) Not later than one year after the date of the enactment of this subsection, the
Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants.
"(ii) A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause.
"(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A).
"(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).".
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SA 6134. Ms. WARREN (for herself, Ms. Cortez Masto, and Mr. Moran) 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:
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At the end of subtitle E of title V, add the following:
SEC. 549F. WITHHOLDING OF FUNDING FOR THE OFFICE OF THE UNDER
SECRETARY OF DEFENSE FOR PERSONNEL AND
READINESS UNTIL COMPLETION OF THE PUBLIC
SERVICE LOAN FORGIVENESS DATA MATCH.
Not more than 90 percent of the amounts appropriated or otherwise made available for fiscal year 2027 for the Office of the Under Secretary of Defense for Personnel and Readiness may be obligated or expended until the Secretary of Defense and the Secretary of Education jointly complete the data matching process required under section 559B of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159; 20 U.S.C. 1087e note).
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SA 6135. Mr. KELLY 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:
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At the end of subtitle H of title V, add the following:
SEC. 587. AUTHORIZATION FOR POSTHUMOUS AWARD OF MEDAL OF
HONOR TO ROBERT A. LODGE FOR ACTS OF VALOR.
(a) Authorization.--Notwithstanding the time limitations specified in section 9274 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 President may award the Medal of Honor under section 9271 of such title to Robert A. Lodge for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described in this subsection are the actions of Robert A. Lodge as a Major in the Air Force on May 10, 1972.
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SA 6136. Ms. DUCKWORTH (for herself and Mr. Durbin) 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:
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At the appropriate place in title XXVIII, insert the following:
SEC. 28__. PROHIBITION ON USE OF MILITARY CONSTRUCTION FUNDS
TO DETAIN MIGRANTS.
Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available by this Act for military construction purposes may be used to construct, renovate, or expand any facility for the purposes of detention of migrants by the Department of Defense or to facilitate detention of migrants by the Department of Homeland Security, including by housing personnel of the Department of Homeland Security.
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SA 6137. Ms. DUCKWORTH (for herself and Mr. Durbin) 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:
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At the appropriate place in title X, insert the following:
SEC. 10__. LIMITATION ON PROVISION OF SUPPORT BY ARMED FORCES
TO CIVILIAN LAW ENFORCEMENT ACTIVITIES.
(a) In General.--Chapter 15 of title 10, United States Code, is amended by inserting after section 274 the following new section:
"Sec. 274a. Limitation on provision of support
"(a) In General.--The Secretary of Defense may provide support under section 272, 273, or 274 of this title only if the President first submits to Congress a notification and written justification for the support that includes--
"(1) the agency to which the support is provided;
"(2) the budget, implementation timeline with milestones, anticipated delivery schedule, and completion date for the purpose or project for which the support is provided;
"(3) the source and planned expenditure of funds provided for such purpose or project;
"(4) a description of the arrangements, if any, for the sustainment of such purpose or project and the source of funds to support sustainment of the capabilities and performance outcomes achieved using the support, if applicable;
"(5) a description of the objectives for such purpose or project and an evaluation framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient of the support; and
"(6) information, including the amount, type, and purpose, about the support provided to the agency during the three fiscal years preceding the fiscal year for which the support covered by the notification and justification is provided.
"(b) Limitation on Timing.--
"(1) In general.--The Secretary of Defense may not provide support under section 272, 273, or 274 of this title for a period that exceeds 30 days unless a joint resolution of approval is enacted that approves the provision of such support for a longer period.
"(2) Joint resolution of approval.--In this subsection, the term `joint resolution of approval' means only a joint resolution of either House of Congress--
"(A) the title of which is as follows: `A joint resolution approving the provision by the Department of Defense of support to civilian law enforcement for a period of more than 30 days.'; and
"(B) the sole matter after the resolving clause of which is the following: `Congress approves of the provision of support under section 272, 273, or 274 of title 10, United States Code, with respect to ______ for a period not to exceed _____.', with the first blank space being filled with a short description of the proposed action and the second blank space being filled with the appropriate period following the date of adoption of the resolution.
"(3) Introduction.--A joint resolution of approval may be introduced--
"(A) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee); and
"(B) in the House of Representatives, by the majority leader or the minority leader.
"(4) Consideration in the senate.--
"(A) Committee referral.--A joint resolution of approval introduced in the Senate shall be referred to the Committee on Armed Services.
"(B) Reporting and discharge.--If the Committee on Armed Services has not reported a joint resolution of approval within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.
"(C) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Armed Services reports a joint resolution of approval to the Senate or has been discharged from consideration of such a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.
"(D) Approval of resolution.--Approval by the Senate of a joint resolution of approval shall require the affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn.
"(E) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of approval shall be decided without debate.
"(F) Consideration of veto messages.--Debate in the Senate of any veto message with respect to a joint resolution of approval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be
equally divided between, and controlled by, the majority leader and the minority leader or their designees.
"(5) Floor consideration in house of representatives.--If a committee of the House of Representatives to which a joint resolution of approval has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
"(6) Rules relating to senate and house of representatives.--
"(A) Treatment of house joint resolution in senate.--
"(i) Receipt before passage of senate resolution.--If, before the passage by the Senate of a joint resolution of approval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply:
"(I) That joint resolution shall not be referred to a committee.
"(II) With respect to that joint resolution--
"(aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but
"(bb) the vote on passage shall be on the joint resolution from the House of Representatives.
"(ii) Receipt following passage of senate resolution.--If, following passage of a joint resolution of approval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar.
"(iii) No companion resolution.--If a joint resolution of approval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution.
"(B) Treatment of senate joint resolution in house.--In the House of Representatives, the following procedures shall apply to a joint resolution of approval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action):
"(i) The joint resolution shall be referred to the Committee on Armed Services.
"(ii) If the Committee on Armed Services has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
"(iii) Beginning on the third legislative day after the Committee on Armed Services reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
"(iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.
"(C) Application to revenue measures.--The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval that is a revenue measure.
"(7) Rules of senate and house of representatives.--This subsection is enacted by Congress--
"(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and
"(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.".
(b) Clerical Amendment.--The table of sections at the beginning of chapter 15 of such title is amended by inserting after the item relating to section 274 the following new item:
"274a. Limitation on provision of support.". (c) Conforming Amendments.--(1) Use of military equipment.--Section 272 of title 10, United States Code, is amended by inserting "section 274a of this title and" after "in accordance with". (2) Training and advising civilian law enforcement officials.--Section 273 of title 10, United States Code, is amended by inserting "section 274a of this title and" after "in accordance with". (3) Maintenance and operation of equipment.--Section 274 of title 10, United States Code, is amended by inserting "section 274a of this title and" after "in accordance with" each place it appears. ______
SA 6138. Ms. DUCKWORTH (for herself and Mr. Durbin) 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:
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At the appropriate place in title X, insert the following:
SEC. __. REPORT ON DOMESTIC DEPLOYMENTS.
(a) In General.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 may be obligated or expended for any domestic deployment of members of the Armed Forces until the Secretary of Defense submits to the congressional defense committees a report on the manner in which the domestic deployments of members of the Armed Forces since January 20, 2025, affect the military readiness of the Armed Forces, except such obligations and expenditures for--
(1) deployments along the southwest border of the United States;
(2) deployments in response to the request or explicit consent of the governor of the destination State;
(3) deployments in response to the request or explicit consent of the Chief Executive of an Indian Tribal Government of the tribal land to which the Armed Forces are deployed; or
(4) deployments to the District of Columbia in response to the request or explicit consent of the Mayor of the District of Columbia.
(b) Elements.--The report referred to in subsection (a) shall include, with respect to such operations and activities, the following elements:
(1) A detailed assessment and evaluation of the authorities used for each domestic deployment.
(2) A list of domestic deployments, together with a copy of the order authorizing each such deployment, including--
(A) start and end dates;
(B) the number of servicemembers deployed;
(C) the geographic location;
(D) the activities, services and resources requested in each request;
(E) whether State authorities were informed of the number of troops, their projected activities and roles, and locations prior to their arrival;
(F) whether memoranda of understanding (MOUs) or interagency agreements were executed with State or local authorities;
(G) whether any rules of engagement or use of force policies were modified from standard domestic deployment policies;
(H) the number of use of force incidents, detentions, or arrests in which servicemembers participated or directly assisted; and
(I) whether any servicemembers were subject to disciplinary action arising from their deployment activities.
(3) An assessment of impacts to military readiness, including servicemember morale, personnel loss, and reputational harm.
(4) A detailed assessment on the impact domestic deployments have on domestic issues in the cities they occur, including crime statistics, civil unrest, homelessness, and civil immigration enforcement.
(5) An detailed assessment and evaluation of the training members of the Armed Forces receive prior to their domestic deployment, including any recommended changes to the current training.
(6) A detailed assessment of the individual cost of each domestic deployments, whether terminated or still ongoing, including the personnel cost, equipment cost, and financial cost.
(7) A list of the number of requests for domestic deployments approved, the number of waivers of any requirements granted, the number of requests undergoing review, and the number of requests not approved.
(c) Ongoing Reporting.--Not later than 90 days after submitting the report described under subsection (a), and every 90 days thereafter, the Secretary of Defense shall submit to the congressional defense committees a report providing the information described in subsection (b) for the relevant reporting period.
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SA 6139. Mr. VAN HOLLEN 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:
Text printed in the Record (4,668 characters)
Strike section 845. Strike section 1217 and insert the following:
SEC. 1217. STUDY ON ISRAEL DEFENSE TECHNOLOGY COOPERATION
INITIATIVE.
(a) Study Required.--The Secretary of Defense, along with the Director of National Intelligence, shall conduct a feasibility study on synchronizing bilateral defense technology cooperative efforts between the United States and Israel.
(b) Elements.--The study under required under subsection (a) shall include the following:
(1) A cost-benefit analysis, including the projected fiscal costs, of establishing an initiative to expand and accelerate bilateral defense technology research, development, testing, evaluation, integration, and industrial cooperation with Israel including by--
(A) identifying jointly developed or Israeli-origin technologies with operational utility for integration into United States systems and programs of record;
(B) conducting collaborative research initiatives involving government, private sector, and academic institutions in the United States and Israel, in a manner that protects sensitive technology and information and the national security interests of the United States and Israel;
(C) facilitating the transition of technologies from research and development into procurement and acquisition pathways;
(D) establishing frameworks for joint ventures, licensing agreements, and United States based co-production or manufacturing partnerships with Israeli industry;
(E) coordinating with relevant Department of Defense components, including the Irregular Warfare Technical Support Directorate, capability development and innovation divisions, the Defense Innovation Unit, the United States-Israel Operations Technology Working Group, the Defense Advanced Research Projects Agency, the Missile Defense Agency, the United States Space Command, and the military services, to align efforts and avoid duplication; and
(F) promoting joint training exercises and information-sharing mechanisms to enhance operational readiness to deploy jointly developed technologies.
(2) An evaluation of whether and how United States national security interests are served through the elements described in paragraph (1) on domain areas described in subsection (c) and how those determinations were made.
(3) An analysis of existing initiatives to expand and accelerate bilateral defense technology research, development, testing, evaluation, integration, and industrial cooperation with NATO countries, Japan, the United Kingdom, Australia, and any other treaty allies in domain areas described in subsection (c).
(4) An assessment of existing cooperation with Israel on any bilateral defense technology research, development, testing, evaluation, integration, coproduction agreements, and industrial cooperation on domain areas described in subsection (c), including whether any jointly developed technologies or systems allow one of the parties to prevent the other from using or transferring the technology.
(5) An assessment of counterintelligence risks associated with entering into any bilateral defense technology research, development, testing, evaluation, integration, and industrial cooperation with Israel on the domain areas referenced in subsection (c).
(c) Domain Areas.--Specific efforts for expansion to be analyzed in the study required under subsection (a) should include the following domain areas:
(1) Counter-Unmanned Systems, including aerial, maritime, and ground platforms.
(2) Anti-tunneling and subterranean threats.
(3) Missile and air defense technologies, including Golden Dome for America.
(4) Artificial intelligence, quantum, machine learning, and autonomous systems.
(5) Directed energy and advanced sensing.
(6) Cyber defense, electronic warfare, and digital resilience.
(7) Biotechnology, biomanufacturing, and medical defense.
(8) Network integration, data fusion, and contested logistics.
(9) Defense industrial base cooperation, manufacturing, and co-production.
(10) Other emerging technologies as jointly agreed by the United States and Israel.
(d) Report.--
(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees an unclassified report on the results of the study conducted under this section.
(2) Appropriate congressional committees defined.--In this subsection, the term "appropriate congressional committees" means--
(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
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SA 6140. Mr. VAN HOLLEN 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:
Text printed in the Record (28 characters)
Strike section 1217.
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SA 6141. Mr. VAN HOLLEN 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:
Text printed in the Record (1,259 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1271. PROHIBITION ON SALE, EXPORT, OR TRANSFER OF MAJOR
DEFENSE EQUIPMENT TO CERTAIN COUNTRIES.
(a) In General.--No sale, export, or transfer of major defense equipment (as defined in section 47 of the Arms Export Control Act (22 U.S.C. 2794)) may be provided to any country that the President identifies as supporting the Rapid Support Forces or the Sudanese Armed Forces through provision of materiel or other resources or equipment.
(b) Waiver.--The President may waive the prohibition under subsection (a) on a case-by-case basis if the President--
(1) determines such a waiver is vital to the national interests of the United States; and
(2) not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and a detailed description and justification for the utilization of the waiver.
(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
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SA 6142. Mr. VAN HOLLEN 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:
Text printed in the Record (1,008 characters)
At the end of subtitle B of title XII, add the following:
SEC. 1218. LIMITATION ON SALES AND EXPORTS OF COVERED DEFENSE
ARTICLES TO THE UNITED ARAB EMIRATES.
(a) In General.--Beginning on the date of the enactment of this Act, the President may not sell or issue a license for the export of covered defense articles under the Arms Export Control Act (22 U.S.C. 2751 et seq.) to the United Arab Emirates, or any agency or instrumentality of the United Arab Emirates, until the President certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the United Arab Emirates is not providing materiel support to the Rapid Support Forces in Sudan.
(b) Covered Defense Articles Defined.--In this section, the term "covered defense articles" means articles listed under Category I, II, III, IV, V, VI, VII, VIII, XIV, XVI, XVII, or XVIII of the United States Munitions List in part 121 of title 22, Code of Federal Regulations.
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SA 6143. Mr. VAN HOLLEN 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:
Text printed in the Record (421 characters)
At the end of section 845, add the following:
(d) Limitation.--No funds authorized to be appropriated by this Act for the Department of Defense may be made available for the implementation of section 1217 until the feasibility study required under subsection (a) and the briefing required under subsection (c) have been provided to the Committees on Armed Services of the Senate and the House of Representatives.
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SA 6144. Mr. VAN HOLLEN 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:
Text printed in the Record (48 characters)
Strike section 845. Strike section 1217.
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SA 6145. Mr. COONS 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:
Text printed in the Record (11,508 characters)
At the end of title XII, add the following:
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Global Fragility Reauthorization Act".
SEC. 1272. SENSE OF CONGRESS.
It is the sense of Congress that the security, stability, and prosperity of the United States would be more effectively achieved by fully implementing the requirements under section 506 of the Global Fragility Act (22 U.S.C. 9805)--
(1) to align and integrate development, diplomatic, defense, and other relevant United States Government tools with the Global Fragility Strategy, including all forms of diplomatic engagement, private sector engagement, and security cooperation; and
(2) to incorporate the Global Fragility Strategy into all United States plans and strategies for relevant countries and regions to ensure consistent policy direction based on clear goals and objectives.
SEC. 1273. STATEMENT OF POLICY.
It is the policy of the United States to seek to prevent violence and fragility globally in order to increase the security, stability, and prosperity of the United States, including by--
(1) ensuring that all relevant Federal departments and agencies coordinate to achieve coherent, long-term goals for programs designed to carry out such policy;
(2) seeking to improve global, regional, and local coordination of relevant international and multilateral development and donor organizations regarding efforts to carry out such policy; and
(3) enhancing the effectiveness of United States foreign assistance programs and activities to carry out such policy, including by improving assessment, monitoring, and evaluation conducted by the relevant Federal departments and agencies.
SEC. 1274. CONTINUED IMPLEMENTATION OF THE GLOBAL FRAGILITY
STRATEGY.
(a) In General.--The President, in carrying out section 507 of the Global Fragility Act of 2019 (22 U.S.C. 9806), including implementing the 10-year plans developed pursuant to section 506 of such Act (22 U.S.C. 9805)--
(1) shall discontinue the implementation of the Global Fragility Strategy in Haiti and Libya, which no longer meet the criteria required for priority country status under section 505(a) of such Act (22 U.S.C. 9804(a));
(2) shall continue implementing the Global Fragility Strategy in Coastal West Africa, Mozambique, and Papua New Guinea, unless they meet the criteria outlined in section 505(d)(1) of such Act, as added by subsection (b), for discontinuing programming; and
(3) shall notify the appropriate congressional committees not later than 30 days before adding a new country or region included in section 505(c)(1) of such Act, as added by subsection (b), to the list of countries and regions designated as priority countries and priority regions under section 505 of such Act (22 U.S.C. 9804).
(b) Selection of New Priority Countries.--Section 505 of the Global Fragility Act of 2019 (22 U.S.C. 9804) is amended by adding at the end the following:
"(c) Selection of New Priority Countries.--
"(1) Authorization.--During the 1 year period beginning on the date of the enactment of the Global Fragility Reauthorization Act, the President--
"(A) shall select at least 1 additional priority country or region; and
"(B) should consider, in making such selection--
"(i) Ecuador;
"(ii) a region composed of Guyana, Suriname, and Trinidad and Tobago;
"(iii) Vanuatu;
"(iv) a region composed of Pacific Island countries;
"(v) Lebanon; and
"(vi) a region composed of Nepal and Bangladesh.
"(2) Report.--Not later than 30 days before designating a country as a priority country pursuant to paragraph (1), the President shall submit a report to the appropriate congressional committees that describes the criteria used to select such country as a priority country.
"(d) Discontinuance of Programming in Countries.--The Department of State is not obligated to continue programming to implement a country or regional plan described in section 506 if the Secretary of State, after consultation with relevant Federal departments or agencies certifies to the appropriate congressional committees that--
"(1) such country or region no longer meets the indicators required for designation as a priority country or region set forth in subsection (a)(1); and
"(2) the President has selected a new country or region pursuant to subsection (c)(1) for each country or region in which programming is discontinued pursuant to this subsection.
"(e) Continuation of Programming.--The Department of State shall sustain programming for at least 3 priority countries or regions.".
SEC. 1275. ANNUAL GLOBAL FRAGILITY ACT STEERING COMMITTEE
MEETING ON POLICY ALIGNMENT.
(a) In General.--Section 506 of the Global Fragility Act of 2019 (22 U.S.C. 9805; title V of division J of Public Law 116-94) is amended--
(1) by striking "Not later than" and inserting the following:
"(a) In General.--Not later than"; and
(2) by adding at the end the following:
"(b) Annual Meetings.--
"(1) In general.--The Secretary of State, in coordination with the senior Federal officials referred to in paragraph (2), shall convene an annual meeting--
"(A) to evaluate the extent to which the strategic approach and objectives of priority country and regional plans described in subsection (a) align to current United States policy priorities in the relevant countries and regions;
"(B) to assess the elements described in paragraphs (1) through (11) of subsection (a) and consider steps to address any deficiencies in such elements;
"(C) to determine any beneficial updates or amendments to the priority country and region plans or United States policy priorities to ensure effective short- and long-term alignment;
"(D) to identify all relevant diplomatic, developmental, and security assistance and cooperation activities of the United States Government, including any activities with the private sector, that may be aligned and integrated into each of the priority countries and regions selected pursuant to section 505; and
"(E) to consider any processes and guidance to increase alignment of other relevant diplomatic, developmental, security assistance, cooperation, and other activities with the objectives of such plans and priorities.
"(2) Participants.--Each annual meeting convened pursuant to paragraph (1) shall be chaired by a person holding a position not lower than the Deputy Secretary of State and should include participation from senior personnel from other relevant departments and agencies.".
(b) Conforming Amendments.--The Global Fragility Act of 2019 (22 U.S.C. 9801 et seq.) is amended--
(1) in section 507(1) (22 U.S.C. 9806(1)), by striking "section 506" and inserting "section 506(a)"; and
(2) in section 508(a) (22 U.S.C. 9807(a)) in the matter preceding paragraph (1), by striking "section 506" and inserting "section 506(a)".
SEC. 1276. IMPLEMENTATION OF THE GLOBAL FRAGILITY STRATEGY.
(a) Required Interagency Coordination.--Section 507 of the Global Fragility Act of 2019 (22 U.S.C. 9806) is amended--
(1) in the matter preceding paragraph (1), by inserting "the Chief Executive Officer of the United States Development Finance Corporation, the Chief Executive Officer of the Millennium Challenge Corporation," after "Secretary of Defense,";
(2) in paragraph (1), by striking "and" at the end;
(3) in paragraph (2), by striking the period at the end and inserting a semicolon; and
(4) by adding at the end the following:
"(3) the Secretary of Defense meets the Department of Defense's responsibilities under this Act, including supporting the full implementation of the defense and security-related goals and activities outlined under the 10-year country and regional plans by utilizing funding appropriated for Global Fragility Strategy implementation and additional funding mechanisms, including funding authorized under sections 331, 332, and 333 of title 10, United States Code, and other security cooperation funds, as appropriate.".
(b) In General.--Section 507 of the Global Fragility Act of 2019, as amended by subsection (a), is further amended--
(1) by striking "The President" and inserting the following:
"(a) In General.--The President"; and
(2) by adding at the end the following:
"(b) Staffing.--
"(1) Under secretary of state for political affairs.--The Under Secretary of State for Political Affairs shall lead the implementation of the Global Fragility Strategy established pursuant to section 504.
"(2) Additional staffing.--Each regional affairs bureau of the Department of State shall hire, designate, and retain full-time, non-contract employees with expertise in conflict prevention to assist the Under Secretary in the implementation of the Global Fragility Strategy.".
SEC. 1277. GLOBAL FRAGILITY REPORT AND STRATEGY.
(a) In General.--Section 508 of the Global Fragility Act of 2019 (22 U.S.C. 9807) is amended by adding at the end the following:
"(c) Study; Strategy; Report.--The Secretary of State, using the principles identified in the Global Fragility Strategy established pursuant to section 504, shall--
"(1) study the feasibility of applying such principles to support cost-efficient and effective United States foreign policy, security, and foreign assistance objectives in other geographic areas;
"(2) develop a strategy for applying such principles across Department of State regional bureaus, foreign assistance operations, and overseas diplomatic missions, which shall include exporting the successes of regional collaboration between posts in priority regions; and
"(3) not later than 1 year after the date of the enactment of the Global Fragility Reauthorization Act, submit a report to the appropriate congressional committees that--
"(A) summarizes the findings of the study under paragraph (1) and the strategy developed under paragraph (2); and
"(B) includes a detailed description of the staffing and resources identified pursuant to subsection (d) are necessary to implement such global fragility principles.".
(b) Identification of Necessary Reforms to Remove Impediments to Conflict Prevention.--Section 508 of the Global Fragility Act of 2019, as amended by subsection (a), is further amended by adding at the end the following:
"(d) Reforms.--The President, in collaboration with the heads of relevant Federal departments and agencies, shall determine what staffing, resources, and reforms are necessary to remove persistent impediments to conflict prevention and stabilization, including--
"(1) addressing overly restrictive diplomatic security posture and staffing constraints;
"(2) strengthening mandatory professional development around conflict prevention;
"(3) strengthening the capacity of the Department of State to facilitate and implement durable peace processes and conflict mediations; and
"(4) regularizing the process for providing surge staffing support to fragile countries, including sustaining global fragility coordinator posts in such countries and in Washington, DC.".
(c) Maintenance of Staffing Levels.--Section 508 of the Global Fragility Act of 2019, as amended by subsections (a) and (b), is further amended by adding at the end the following:
"(e) Staffing Levels.--Subject to appropriations, the relevant Federal departments and agencies shall maintain sufficient staffing levels to fully implement the Global Fragility Strategy established pursuant to section 504.".
SEC. 1278. REAUTHORIZATION OF THE PREVENTION AND
STABILIZATION FUND.
Section 509(a) of the Global Fragility Act of 2019 (22 U.S.C.
Text printed in the Record (2,279 characters)
9808(a)) is amended--
(1) in paragraph (2), by striking "2024" and inserting "2030"; and
(2) in paragraph (3)(A)--
(A) in clause (i), by striking "and" at the end;
(B) in clause (ii), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(iii) for administrative and other expenses related to the operation, management, and monitoring, evaluation, and learning for programs and activities related to the implementation of the Global Fragility Strategy established pursuant to section 504, including diplomatic and other operational activities carried out to implement such strategy in countries and regions selected by the President, pursuant to section 505(a).".
SEC. 1279. REAUTHORIZATION OF THE COMPLEX CRISES FUND.
Section 509(b) of the Global Fragility Act of 2019 (22 U.S.C. 9808(b)) is amended--
(1) in the subsection header, by striking "Crisis" and inserting "Crises"; and
(2) in paragraph (2), by striking "2024" and inserting "2030".
SEC. 1280. USE OF ECONOMIC SUPPORT FUND TO SUPPORT
MONITORING, EVALUATION, AND LEARNING
ACTIVITIES.
(a) Use of Funds.--Amounts authorized to be appropriated or otherwise made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the Economic Support Fund) may be expended for monitoring, evaluation, and learning activities to implement the Global Fragility Strategy, notwithstanding any other provision of law for any program funded from amounts available for the Prevention and Stabilization Fund established under section 509(a) of such Act (22 U.S.C. 9808(a)) in any fiscal year and related programs funded by other agencies to implement the Global Fragility Strategy established pursuant to section 504 of such Act (22 U.S.C. 9803).
(b) Appointment of Personnel to Implement Monitoring, Evaluation, and Learning Activities.--The Secretary of Defense shall--
(1) appoint a senior Department of Defense official to lead the efforts described in subsection (a); and
(2) make available, subject to the availability of appropriations, sufficient staffing and other resources to carry out such efforts in accordance with section 507 of the Global Fragility Act of 2019, as amended by section 1276.
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SA 6146. Mr. COONS (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:
Text printed in the Record (7,777 characters)
At the appropriate place, insert the following:
SEC. __. SENATE HUMAN RIGHTS AND DEMOCRACY COMMISSION.
(a) Findings.--The Senate finds the following:
(1) The Senate Human Rights Caucus, which was founded in 2014, and is currently co-chaired by Senator Tillis and Senator Coons, has created an outlet and opportunity to establish a formalized forum for human rights discussion and engagement in the Senate.
(2) The Senate Human Rights Caucus has brought together critical thinkers and first-hand experts on issues affecting human rights throughout the world to better inform the actions of Congress.
(3) By establishing a commission in the Senate to put testimony regarding human rights and democracy in the record, all of the Federal Government and the public can access this information and insight.
(4) The Senate Human Rights and Democracy Commission would continue the work of the Senate Human Rights Caucus and elevate the need to sustain and support the fundamental access to human rights across the world.
(b) Commission Establishment.--
(1) In general.--There is established in the Senate the Senate Human Rights and Democracy Commission (in this section referred to as the "Commission").
(2) Duties.--The Commission shall--
(A) serve as a forum for bipartisan discussion of international human rights issues, democracy issues, and promotion of internationally recognized human rights as enshrined in the United Nations Universal Declaration of Human Rights;
(B) monitor the state of human rights across the world and raise awareness on critical human rights violations through conducting regular briefings hearings, and private roundtables;
(C) maintain records of all meetings and activities; and
(D) collaborate with congressional committees and other congressional entities (including the Tom Lantos Human Rights Commission), the executive branch, human rights organizations, civil society organizations, nongovernmental organizations, and think tanks to promote human rights initiatives within the Senate.
(3) Limitations.--The Commission shall not--
(A) have legislative jurisdiction;
(B) have authority to take legislative action on any bill or resolution; or
(C) encroach upon the jurisdiction of any standing, select, or special committee of the Senate.
(4) Membership.--
(A) In general.--The Commission shall be composed of 10 members of the Senate, who shall be appointed, and may be removed, by the President of the Senate.
(B) Selection.--The President of the Senate shall--
(i) after consultation with the majority leader, select 5 members from the majority party of the Senate, 1 of whom shall be designated as a co-chairperson in accordance with paragraph (5)(A)(i); and
(ii) after consultation with the minority leader, select 5 members from the minority party of the Senate, 1 of whom shall be designated as a co-chairperson in accordance with paragraph (5)(A)(ii).
(C) Ex officio members.--The Chairman and Ranking Member of the Committee on Foreign Relations of the Senate shall be ex officio, nonvoting members of the Commission.
(D) Term.--The term of a member shall end on the last day of the Congress during which the member is appointed by the President of the Senate, unless the member ceases being a member of the Senate, leaves the Commission, or is removed.
(E) Vacancy.--
(i) In general.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made.
(ii) Resignation.--A member of the Commission wishing to resign from the Commission shall submit a written notification to the President of the Senate.
(5) Co-chairpersons of the commission.--
(A) In general.--Two members of the Commission shall be appointed to serve as co-chairpersons of the Commission, as follows:
(i) One co-chairperson shall be appointed, and may be removed, by the majority leader of the Senate.
(ii) One co-chairperson shall be appointed, and may be removed, by the minority leader of the Senate.
(B) Term.--The term of a member as a co-chairperson of the Commission shall end on the last day of the Congress during which the member is appointed as a co-chairperson, unless the member ceases being a member of the Senate, leaves the Commission, resigns from the position of co-chairperson, or is removed.
(C) Publication.--Appointments under this paragraph shall be printed in the Congressional Record.
(D) Vacancies.--Any vacancy in the position of co-chairperson of the Commission shall be filled in the same manner in which the original appointment was made.
(c) Commission Staff.--
(1) Compensation and expenses.--
(A) In general.--The Commission is authorized, from funds made available under subsection (d), to--
(i) employ such staff in the manner and at a rate not to exceed that allowed for employees of a committee of the Senate under section 105(e)(3) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 4575(e)(3)); and
(ii) incur such expenses as may be necessary or appropriate to carry out its duties and functions.
(B) Expenses.--
(i) In general.--Payments made under this subsection for receptions, meals, and food-related expenses shall be authorized only for actual expenses incurred by the Commission in the course of conducting its official duties and functions.
(ii) Treatment of payments.--Amounts received as reimbursement for expenses described in clause (i) shall not be reported as income, and the expenses so reimbursed shall not be allowed as a deduction under the Internal Revenue Code of 1986.
(2) Designation of professional staff.--
(A) In general.--Each co-chairperson of the Commission may designate 1 professional staff member.
(B) Compensation of senate employees.--In the case of the compensation of any professional staff member designated under subparagraph (A) who is an employee of a Member of the Senate or of a committee of the Senate and who has been designated to perform services for the Commission, the professional staff member shall continue to be paid by the Member or committee, as the case may be, but the account from which the professional staff member is paid shall be reimbursed for the services of the professional staff member (including agency contributions when appropriate) out of funds made available under subsection (c).
(C) Duties.--Each professional staff member designated under subparagraph (A) shall--
(i) serve all members of the Commission; and
(ii) carry out such other functions as the co-chairperson designating the professional staff member may specify.
(d) Payment of Expenses.--
(1) In general.--The expenses of the Commission shall be paid from the Contingent Fund of the Senate, out of the account of Miscellaneous Items, upon vouchers approved jointly by the co-chairpersons (except that vouchers shall not be required for the disbursement of salaries of employees who are paid at an annual rate of pay).
(2) Amounts available.--For any fiscal year, the amount identified as necessary shall be expended for employees and expenses.
(e) Administrative Support.--The Committee on Rules and Administration of the Senate may approve the use of Senate resources to support the Commission in carrying out official duties.
(f) Data Privacy.--The Commission is deemed to be a Senate office for purposes of section 10 of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 6628) and all Senate data, as defined in such section, of the Commission shall be subject to the protections provided to Senate data under such section.
(g) Location of Commission.--The Committee on Appropriations of the Senate may lease office space for the activities of the Commission in the District of Columbia.
(h) Sunset.--This section shall cease to have force or effect on January 1, 2029.
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SA 6147. Ms. BLUNT ROCHESTER 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:
Text printed in the Record (2,420 characters)
At the end of part III of subtitle F of title V, insert the following:
SEC. 566. PRIORITIZATION OF DIGITAL SKILLS IN EMPLOYMENT AND
EDUCATION PROGRAMS FOR MILITARY SPOUSES.
(a) In General.--The Secretary of Defense shall modernize programs of the Department of Defense in effect as of the date of the enactment of this Act relating to employment and education of military spouses by prioritizing training for military spouses in digital skills to improve their access to technology-enabled or remote-compatible career fields.
(b) Covered Programs.--In carrying out subsection (a), the Secretary shall focus on including training described in that subsection in programs such as the Spouse Education and Career Opportunities program, the My Career Advancement Account program, and other programs for the education and training of military spouses authorized under section 1784a of title 10, United States Code.
(c) Covered Training.--In carrying out subsection (a), the Secretary shall prioritize the provision of training in artificial intelligence literacy, cybersecurity, cloud computing, data analytics, information technology support, digital project management, and other similar technology-enabled or remote-compatible career fields, as determined appropriate by the Secretary.
(d) Other Considerations.--In carrying out subsection (a), the Secretary may promote relevant credentials, certificates, and training opportunities aligned with employer demand and portable careers, while taking into account barriers military spouses face, including frequent relocation, uneven access to in-person programs, and the importance of remote-accessible training options.
(e) Briefing Required.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on the implementation of subsection (a).
(2) Elements.--The briefing required by paragraph (1) shall include--
(A) a description of--
(i) the measures the Secretary has taken to carry out subsection (a);
(ii) any updates to guidance or approved training opportunities for military spouses resulting from the implementation of subsection (a); and
(iii) any barriers to such implementation; and
(B) any recommendations for legislative or administrative action to improve the access of military spouses to technology-enabled or remote-compatible career fields.
______
SA 6148. Mr. PETERS (for himself, Mr. Curtis, 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:
Text printed in the Record (2,998 characters)
At the end of title XII, add the following:
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Combating CCP Labor Abuses Act of 2026".
SEC. 1282. DEFINITION.
In this subtitle, the term "human rights" means internationally recognized human rights.
SEC. 1283. TRAINING FOR EMPLOYEES OF THE DEPARTMENT OF
COMMERCE RELATING TO AWARENESS OF HUMAN RIGHTS
ABUSES.
(a) In General.--The Secretary of Commerce shall provide training described in subsection (b) to such employees of the Department of Commerce who provide counseling services to businesses engaged in commercial transactions with or investments in the People's Republic of China as the Secretary considers appropriate.
(b) Contents of Training.--The training required under subsection (a) shall be--
(1) designed to raise awareness about emerging trends and issues with respect to violations of human rights perpetrated by the Government of the People's Republic of China, including the use of forced labor, against Uyghurs and other religious and ethnic minority groups in the People's Republic of China; and
(2) incorporated to the greatest extent possible into existing training provided by the Department of Commerce.
(c) Timing.--The training required under subsection (a) shall be offered and updated at such times as the Secretary considers appropriate.
SEC. 1284. GUIDANCE FOR UNITED STATES BUSINESSES RELATING TO
AWARENESS OF HUMAN RIGHTS ABUSES.
(a) In General.--The Secretary of Commerce, in consultation with the Secretary of State, shall--
(1) offer guidance for United States businesses engaged in foreign commercial transactions or investments, including such businesses that are, or are considering, conducting transactions with entities subject to the control or influence of jurisdictions where forced labor or other significant violations of human rights have occurred, such as the People's Republic of China; and
(2) incorporate the guidance required under paragraph (1) into any counseling services that the Department of Commerce provides to such businesses as the Secretary considers appropriate.
(b) Contents of Guidance.--The guidance required under subsection (a) shall--
(1) provide information about emerging trends and issues involving violations of human rights perpetrated by the Government of the People's Republic of China, including the use of forced labor against Uyghurs and other religious and ethnic minority groups in the People's Republic of China, including information about--
(A) risk factors that may be used to identify entities subject to the influence or control of jurisdictions such as the People's Republic of China that may be implicated in violations of human rights;
(B) ways to avoid doing business with entities described in subparagraph (A); and
(C) potential reputational, economic, legal, and other risks of conducting transactions with an entity described in subparagraph (A); and
(2) make clear that the guidance is for advisory purposes only.
______
SA 6149. Mr. WYDEN 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:
Text printed in the Record (3,149 characters)
At the end appropriate place in title VII, insert the following:
SEC. 7__. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN
MEDICAL TRAINING.
(a) In General.--Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:
"Sec. 2018. Use of human-based methods for certain medical
training
"(a) Combat Trauma Injuries.--(1) Not later than October 1, 2026, the Secretary of Defense shall develop, test, and validate human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries with the goal of replacing live animal-based training methods.
"(2) Not later than October 1, 2028, the Secretary--
"(A) shall only use human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries; and
"(B) may not use animals for such purpose.
"(b) Exception for Particular Commands and Training Methods.--(1) The Secretary may exempt a particular command, particular training method, or both, from the requirement for human-based training methods under subsection (a)(2) if the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods for such command or training method, as the case may be.
"(2) Any exemption under this subsection shall be for such period, not more than one year, as the Secretary shall specify in granting the exemption. Any exemption may be renewed (subject to the preceding sentence).
"(c) Annual Reports.--(1) Not later than October 1 of each year, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries under this section.
"(2) Each report under this subsection on or after October 1, 2028, shall include a description of any exemption under subsection (b) that is in force at the time of such report, and a current justification for such exemption.
"(d) Definitions.--In this section:
"(1) The term `combat trauma injuries' means severe injuries likely to occur during combat, including--
"(A) hemorrhage;
"(B) tension pneumothorax;
"(C) amputation resulting from blast injury;
"(D) compromises to the airway; and
"(E) other injuries.
"(2) The term `human-based training methods' means, with respect to training individuals in medical treatment, the use of systems and devices that do not use animals, including--
"(A) simulators;
"(B) partial task trainers;
"(C) moulage;
"(D) simulated combat environments;
"(E) human cadavers; and
"(F) rotations in civilian and military trauma centers.
"(3) The term `partial task trainers' means training aids that allow individuals to learn or practice specific medical procedures.".
(b) Clerical Amendment.--The table of sections at the beginning of chapter 101 of such title is amended by adding at the end the following new item:
"2018. Use of human-based methods for certain medical training.". ______
SA 6150. Mr. WYDEN 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:
Text printed in the Record (1,800 characters)
At the end of subtitle E of title V, add the following:
SEC. 549F. SERVICES FOR DELAYED ENTRY PROGRAM PARTICIPANTS.
(a) Expansion of Period of Availability of Military Onesource Program for New Recruits Enrolled in Delayed Entry Program.--
(1) In general.--The Secretary of Defense shall prescribe regulations--
(A) extending eligibility for access to the Department of Defense Military OneSource program to recruits enrolled in the Delayed Entry Program (DEP) beginning at the time of signing a Delayed Entry Contract; and
(B) providing that access to Military OneSource services will be immediately terminated should the DEP enrollee be officially released from their Delayed Entry Contract.
(2) Information to recruits and their families.--The Secretary of Defense shall inform new recruits enrolled in the Delayed Entry Program and their family members of the wide range of benefits available through the Military OneSource program.
(b) Comptroller General Report.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall initiate a review of existing gaps in the Department of Defense's response to victims of sexual assault and harassment among new recruits enrolled in the DEP.
(2) Elements.--The review required under paragraph (1) shall include--
(A) statistics regarding frequency, geography, and demographics of sexual assault victims enrolled in the DEP for the last five years;
(B) barriers to providing emergency healthcare or healthcare referrals for sexual assault victims enrolled in the DEP;
(C) barriers to providing trauma counseling or counseling referrals for sexual assault victims enrolled in the DEP; and
(D) other relevant issues the Comptroller General deems appropriate.
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SA 6151. Mr. WYDEN (for himself, Mr. Paul, 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:
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At the end of subtitle C of title V, add the following:
SEC. 529E. REPEAL OF MILITARY SELECTIVE SERVICE ACT.
(a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) is repealed.
(b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act. Not later than 180 days after the date of the enactment of this Act, the assets, contracts, property, and records held by the Selective Service System, and the unexpended balances of any appropriations available to the Selective Service System, shall be transferred to the Administrator of General Services upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch.
(c) Effect on Existing Sanctions.--
(1) Notwithstanding any other provision of law, a person may not be denied a right, privilege, benefit, or employment position under Federal law on the grounds that the person failed to present himself for and submit to registration under section 3 of the Military Selective Service Act (50 U.S.C. 3802), before the repeal of that Act by subsection (a).
(2) A State, political subdivision of a State, or political authority of two or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law to penalize or deny any privilege or benefit to a person who failed to present himself for and submit to registration under section 3 of the Military Selective Service Act (50 U.S.C. 3802), before the repeal of that Act by subsection (a). In this section, "State" means a State, the District of Columbia, and a territory or possession of the United States.
(3) Failing to present oneself for and submit to registration under section 3 of the Military Selective Service Act (50 U.S.C. 3802), before the repeal of that Act by subsection (a), shall not be reason for any entity of the U.S. Government to determine that a person lacks good moral character or is unsuited for any privilege or benefit.
(d) Conscientious Objectors.--Nothing contained in this section shall be construed to undermine or diminish the rights of conscientious objectors under laws and regulations of the United States.
______
SA 6152. Mr. WYDEN 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:
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At the appropriate place in title II, insert the following:
SEC. 2___. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON
EMERGING TECHNOLOGY AND NATIONAL SECURITY.
Section 236 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended--
(1) in subsection (a), by striking "may" and inserting "shall";
(2) by redesignating subsection (e) and (f) as subsections (f) and (g), respectively;
(3) by inserting after subsection (d) the following:
"(e) Report on Comparative Capabilities of Adversaries With Respect to Lethal Autonomous and Semi-autonomous Weapon Systems.--
"(1) In general.--Not later than December 31, 2026, and annually thereafter, the Steering Committee shall submit the appropriate congressional committees a report comparing the capabilities of the United States with the capabilities of adversaries of the United States with respect to weapon systems described in paragraph (3).
"(2) Elements.--The report required by paragraph (1) shall include--
"(A) for each weapon system described in subsection (c)--
"(i) an evaluation of spending by the United States and adversaries on such weapon system;
"(ii) an evaluation of the test infrastructure and workforce supporting such weapon system; and
"(iii) an evaluation of the quantity of such weapon system under development, developed, or deployed;
"(B) an assessment of the technological progress of the United States and adversaries on lethal fully automated and semi-autonomous weapon systems technology;
"(C) a description of the timeline for operational deployment of such technology by the United States and adversaries;
"(D) an assessment, conducted in coordination with the Director of National Intelligence, of the intent or willingness of adversaries to use such technology; and
"(E) the approval process of the United States for the development and deployment of lethal automated weapon systems.
"(3) Weapon systems described.--The weapon systems described in this subsection are the following:
"(A) Weapon systems that enable lethal, offensive capabilities that are fully-automated or have the potential to become fully-automated.
"(B) Weapon systems that support targeting for lethal action.
"(C) Automated systems with intelligence, surveillance, and reconnaissance capabilities that support target recommendations.
"(4) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
"(5) Appropriate congressional committees defined.--In this section, the term `appropriate congressional committees' means--
"(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
"(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives."; and
(4) in subsection (f), as redesignated by paragraph (2)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
"(2) Fully automated; potential to become fully automated.--
"(A) Fully automated.--The term `fully automated', with respect to a weapon system, means that the weapon system, once activated, can select and engage targets without further intervention by an operator, as defined in Department of Defense Directive 3000.09; or
"(B) Potential to become fully automated.--The term `potential to become fully automated', with respect to a weapon system, means that the weapon system has the potential to be deployed in a manner that would qualify as an autonomous weapon system under Department of Defense Directive 3000.09."; and
(C) by inserting after paragraph (3), as redesignated by subparagraph (A), the following:
"(4) Semi-autonomous.--
"(A) In general.--The term `semi-autonomous,' with respect to a weapons system, means that the weapon system, once activated, is intended to only engage individual targets or specific target groups that have been selected by an operator, as defined in Department of Defense Directive 3000.09.
"(B) Inclusions.--Semi-autonomous weapons systems include--
"(i) weapon systems that employ autonomy for engagement-related functions including--
"(I) acquiring, tracking, and identifying potential targets; cuing potential targets to operators;
"(II) prioritizing selected targets; timing of when to fire; and
"(III) providing terminal guidance to home in on selected targets if operator control is retained over the decision to select individual targets and specific target groups for engagement; and
"(ii) `fire and forget' or lock-on-after-launch homing munitions that rely on tactics, techniques, and procedures to maximize the probability that the only targets within the acquisition basket of the seeker when the seeker activates are the targets or specific target groups that have been selected by an operator.".
______
SA 6153. Mr. WYDEN 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:
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At the appropriate place in subtitle B of title XVI, insert the following:
SEC. 16___. FRAMEWORK FOR CONSISTENT DATA MANAGEMENT FOR
ARTIFICIAL INTELLIGENCE TARGET IDENTIFICATION.
(a) In General.--Not later than December 31, 2026, the Secretary of Defense shall develop and implement a framework for artificial intelligence and machine learning for intelligence, surveillance, reconnaissance, defense, and offensive purposes throughout the Department of Defense.
(b) Contents.--The framework required by subsection (a) shall include--
(1) criteria for data reviewers to ensure the quality of data--
(A) suitability for training artificial intelligence; and
(B) such additional criteria as the Secretary determines necessary;
(2) a consistent development process and labeling procedures that adhere to the ethical principals for the use of artificial intelligence adopted by the Department, including the principles of responsibility, equitability, traceability, reliability, and governability; and
(3) processes for data input, evaluation, review, feedback, update, and oversight, including of contracted companies throughout the data-labeling supply chain.
(c) Briefing.--Not later than February 1, 2027, the Secretary shall brief the appropriate congressional committees on the status of the development and implementation of the framework.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Quality of data.--The term "quality of data" includes--
(A) the accuracy of data labeling;
(B) the condition of the data, including completeness;
(C) the accuracy of data indexing;
(D) the suitability of the data for the intended task; and
(E) variance in quality of all training across all data used to train an artificial intelligence system.
______
SA 6154. Mr. WYDEN 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:
Text printed in the Record (4,224 characters)
At the appropriate place in subtitle B of title XV, insert the following:
SEC. 15___. ASSESSMENT OF DATA QUALITY AND GOVERNANCE
PRACTICES FOR TARGET IDENTIFICATION ARTIFICIAL
INTELLIGENCE SYSTEMS.
(a) In General.--Not later than December 31, 2027, the Secretary of Defense shall complete a comprehensive assessment of--
(1) the quality of data and the potential for harmful bias and hallucinations in artificial intelligence systems used for target identification, sensor processing, and decision-making support;
(2) the risks to mission effectiveness from automation bias and hallucinations by such artificial intelligence systems; and
(3) the risks of adversarial manipulation of training data and other data inputs used by such artificial intelligence systems.
(b) Contents.--
(1) Data.--The assessment required by subsection (a)(1) shall include an assessment of data used to train--
(A) target identification tools, including tools used for the Maven Smart System;
(B) intelligence, surveillance, and reconnaissance systems; and
(C) weapon systems that have lethal, offensive strike capabilities that are autonomous or planned to become autonomous; and
(D) weapon systems subject to senior review under Department of Defense Directive 3000.09.
(2) Automation bias and hallucinations.--The assessment required by subsection (a)(2) shall include an assessment of--
(A) whether and how the intermediation of artificial intelligence systems in human decision-making leads to over-reliance or harmful deference to artificial intelligence system recommendations; and
(B) the impact of erroneous or misleading outputs, including hallucinations on mission effectiveness and the appropriateness of the integration of artificial intelligence systems into target identification and decision-making support.
(3) Adversarial manipulation.--The assessment required by subsection (a)(3) shall include an assessment of whether artificial intelligence systems have been tested against adversarial manipulation, including through data poisoning and backdoor attacks through embedded hidden malicious data, under operationally realistic conditions.
(c) Briefing.--Not later than February 1, 2027, the Secretary shall brief the appropriate congressional committees on the completed assessment required by subsection (a) and recommendations how to improve the quality of the assessed data.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Artificial intelligence system.--The term "artificial intelligence system" has the meaning given the term "artificial intelligence" in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(3) Autonomous; planned to become autonomous.--
(A) Autonomous.--The term "autonomous", with respect to a weapon system, means that the weapon system, once activated, can select and engage targets without further intervention by an operator, as defined in Department of Defense Directive 3000.09; or
(B) Planned to become autonomous.--The term "planned to become autonomous", with respect to a weapon system, means that the weapon system has the potential to be deployed in a manner that would qualify as an autonomous weapon system under Department of Defense Directive 3000.09.
(4) Hallucination.--The term "hallucination" means an output produced by an artificial intelligence system that contains factually incorrect or wholly fabricated information, including information that a person may find convincing or credible.
(5) Quality of data.--The term "quality of data" includes--
(A) the accuracy of data labeling;
(B) the condition of the data, including an completeness;
(C) the accuracy of data indexing;
(D) the suitability of the data for the intended task;
(E) the freedom of the data from unintended bias; and
(F) variance in quality of all training across all data used to train an artificial intelligence system.
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SA 6155. 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:
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At the end of subtitle B of title XII, add the following:
SEC. 1218. PROHIBITION ON USE OF FUNDS TO RECOGNIZE IRANIAN
AUTHORITY TO RESTRICT COMMERCIAL NAVIGATION
THROUGH THE STRAIT OF HORMUZ.
(a) In General.--None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be obligated or expended to implement, facilitate, or enforce any agreement, arrangement, understanding, or commitment entered into by the United States Government that recognizes, authorizes, or permits the Government of Iran, or any Iranian entity, to impose tolls, transit fees, permitting requirements, or other restrictions on commercial navigation through the Strait of Hormuz.
(b) Rule of Construction.--Nothing in this section may be construed to prohibit--
(1) United States freedom of navigation operations conducted in the Strait of Hormuz;
(2) United States military or diplomatic personnel from participating in any activity the purpose of which is to affirmatively oppose, contest, or eliminate any toll, fee, permitting requirement, or other restriction on commercial navigation through the Strait of Hormuz imposed or claimed by any country or entity; or
(3) the United States from defending itself from an armed attack or threat of an imminent armed attack.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives.
(2) Arrangement.--The term "arrangement" means any treaty, memorandum of understanding, executive arrangement, political understanding, or oral commitment, regardless of whether treated as legally binding.
(3) Iranian entity.--The term "Iranian entity" means--
(A) any entity owned or controlled by the Government of Iran or the Islamic Revolutionary Guard Corps;
(B) the Persian Gulf Strait Authority (or any successor entity); and
(C) any joint venture or multilateral mechanism in which Iran holds fee or administrative authority over navigation of the Strait of Hormuz, regardless of other participants.
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SA 6156. Mr. GALLEGO (for himself, Mr. Grassley, Mr. Cruz, Mr. Kaine, Mr. Tillis, Mr. Blumenthal, and Ms. Klobuchar) 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:
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At the end of subtitle C of title XII, add the following:
SEC. 1230. MODIFICATIONS TO CONGRESSIONAL REVIEW OF SANCTIONS
WITH RESPECT TO THE RUSSIAN FEDERATION.
(a) Expansion of Sanctions Subject To Review.--Section 216(a)(2)(B)(i) of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9511(a)(2)(B)(i)) is amended--
(1) in subclause (II), by striking "; or" and inserting a semicolon;
(2) in subclause (III), by striking "; and" and inserting "; or"; and
(3) by adding at the end the following:
"(IV) any Executive order addressing the national emergency declared in Executive Order 14024 (50 U.S.C. 1701 note; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation).".
(b) Review of Energy-Related Actions.--Section 216(a)(2) of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9511(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking "; or" and inserting a semicolon;
(B) in clause (iii), by striking the period at the end and inserting "; or"; and
(C) by adding at the end the following:
"(iv) an action, including a licensing action, taken during the period described in subparagraph (C) relating to the application of sanctions described in subparagraph (B) with respect to crude oil, petroleum products, natural gas, or other energy products of Russian Federation origin."; and
(2) by adding at the end the following:
"(C) Period for review for energy-related actions.--The period described in this subparagraph is the period--
"(i) beginning on the date of the enactment of this subparagraph; and
"(ii) ending on the date on which the Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Defense, and the Director of National Intelligence, certifies to the appropriate congressional committees and leadership that the Government of the Russian Federation has ended its war in Ukraine and credibly committed to a just peace settlement that includes compensating Ukraine for war damages.".
(c) Exception To Take Action During Initial Congressional Review Period.--Section 216(b)(3) of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9511(b)(3)) is amended--
(1) by striking "unless a joint resolution" and inserting the following: "unless--
"(A) a joint resolution";
(2) by striking the period at the end and inserting "; or"; and
(3) by adding at the end the following:
"(B) the action relates to crude oil, petroleum products, natural gas, or other energy products of Russian Federation origin to be used--
"(i) for the preservation of the health or safety of the crew of an energy transport vessel;
"(ii) for emergency repairs or environmental mitigation or protection activities relating to an energy transport vessel; or
"(iii) to address an urgent need to mitigate an economic impact in a foreign jurisdiction other than the Russian Federation.".
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SA 6157. Mr. DURBIN (for himself and Mr. Welch) 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:
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Strike subtitle C of title X and insert the following:
Subtitle C--Transfer or Release of Individuals Detained at Guantanamo Bay Detention Facility
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SEC. 1021. PROHIBITION ON USE OF FUNDS TO OPERATE THE
DETENTION FACILITY AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, AFTER SEPTEMBER
30, 2028.
None of the funds authorized to be appropriated or otherwise made available by this Act or any other Act may be used to operate the detention facility at United States Naval Station, Guantanamo Bay, Cuba, after September 30, 2028.
SEC. 1022. REPEAL OF PROHIBITIONS RELATING TO DETAINEES AT
AND CLOSURE OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) Use of Funds for Transfer or Release of Individuals Detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.--Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most recently
amended by section 1032 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 129 Stat. 1034), is repealed.
(b) Use of Funds to Construct or Modify Facilities in the United States to House Detainees Transferred From United States Naval Station, Guantanamo Bay, Cuba.--Section 1034 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most recently amended by section 1033 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 139 Stat. 1034), is repealed.
(c) Use of Funds for Transfer or Release of Individuals Detained at United States Naval Station, Guantanamo Bay, Cuba, to Certain Countries.--Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most recently amended by section 1034 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 139 Stat. 1034), is repealed.
SEC. 1023. REPEAL OF CERTAIN REQUIREMENTS FOR CERTIFICATIONS
AND NOTIFICATIONS RELATING TO TRANSFER OF
DETAINEES AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND
OTHER FOREIGN ENTITIES.
(a) Certification.--Section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C. 801 note) is repealed.
(b) Notification.--Section 308 of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law 112-87; 125 Stat. 1883; 10 U.S.C. 801 note) is repealed.
SEC. 1024. REPEAL OF CHAPTER 47A OF TITLE 10, UNITED STATES
CODE.
(a) In General.--Subchapters I through VI and subchapter VIII of chapter 47A of title 10, United States Code, are repealed.
(b) Conforming Amendments to Subchapter VII.--
(1) In general.--Subchapter VII of chapter 47A of such title is amended--
(A) in section 950d(a)(3), by inserting "(as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027)" after "of this title";
(B) in section 950f--
(i) in subsection (b)--
(I) in paragraph (2), by inserting "(as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027)" after "of this title"; and
(II) in paragraph (6)(B), by striking "section 949b(b)(4) of this title" and inserting "paragraph (7)"; and
(ii) by adding at the end the following new paragraph:
"(7) No appellate military judge on the United States Court of Military Commission Review may be reassigned to other duties, except under circumstances as follows:
"(A) The appellate military judge voluntarily requests to be reassigned to other duties and the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, approves such reassignment.
"(B) The appellate military judge retires or otherwise separates from the armed forces.
"(C) The appellate military judge is reassigned to other duties by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, based on military necessity and such reassignment is consistent with service rotation regulations (to the extent such regulations are applicable).
"(D) The appellate military judge is withdrawn by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, for good cause consistent with applicable procedures under chapter 47 of this title (the Uniform Code of Military Justice).";
(C) in section 950h(c), by inserting "(as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027)" after "of this title"; and
(D) by adding at the end the following new section:
"Sec. 950k. Definition
"In this subchapter, the term `military commission under this chapter' means a military commission under this chapter as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027.".
(2) Clerical amendment.--The table of sections at the beginning of subchapter VII of chapter 47A of such title is amended by adding at the end the following new item:
"950k. Definition.". (c) Clerical Amendment.--The table of subchapters at the beginning of chapter 47A of such title is amended by striking the items relating to subchapters I through VI and subchapter VIII. ______
SA 6158. 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:
Text printed in the Record (8,835 characters)
At the end of subtitle G of title X, add the following:
SEC. __. SENATOR PAUL SIMON STUDY ABROAD PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) To prepare students for success in the modern global economy, opportunities for study abroad should be included as part of a well-rounded education.
(2) Study abroad programs provide students with unparalleled access to international knowledge, an unmatched opportunity to learn world languages, and a unique environment for developing a better understanding of other societies, all of which are knowledge and skills needed in today's global economy.
(3) Only 10 percent of United States college students study abroad before they graduate, leaving 90 percent of graduates entering the workforce without the international skills, knowledge, and experiences afforded by study abroad programs that will position them for success in careers that advance United States interests abroad.
(4) According to Open Doors 2025, published by the Institute of International Education in partnership with the Department of State, of the nearly 300,000 United States college students who studied abroad for credit during the 2023-2024 academic year, 34 percent were men, 11 percent had a disability, and fewer than 2 percent attended a community college in the United States.
(5) Congress authorized the establishment of the Commission on the Abraham Lincoln Study Abroad Fellowship Program (referred to in this section as the "Lincoln Commission") under section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of Public Law 108-199). Pursuant to its mandate, the Lincoln Commission submitted a report to Congress and to the President containing its recommendations for greatly expanding the opportunity for students at institutions of higher education in the United States to study abroad, with special emphasis on studying in developing nations.
(6) According to the Lincoln Commission, "[e]xperience shows that leadership from administrators and faculty will drive the number of study abroad participants higher and improve the quality of programs. Such leadership is the only way that study abroad will become an integral part of the undergraduate experience." A competitive grant program is necessary to encourage and support such leadership.
(7) Student health, safety, and security while studying abroad is, and must continue to be, a priority for institutions of higher education and study abroad programs.
(8) According to Open Doors, study abroad participation at colleges and universities in the United States plummeted by 91 percent during the 2020-2021 academic year due to the COVID-19 pandemic. While study abroad numbers have rebounded, according to the latest Open Doors data, participation remains 14 percent below pre-pandemic levels.
(9) In today's global society, increasing access to study abroad for students at institutions of higher education across the United States is critical to ensuring that those students gain the skills, knowledge, and experiences necessary to maintain the leadership and security of the United States in tackling international challenges that affect the American people.
(b) Purposes.--The purposes of this section are--
(1) to ensure that significantly more students have access to quality study abroad opportunities, especially among students receiving Federal financial aid;
(2) to ensure that study abroad participation reflects all types of students and institutions of higher education in the United States;
(3) to expand study abroad opportunities to more destinations, as recommended by the Lincoln Commission; and
(4) to encourage a greater commitment by United States institutions of higher education to expand study abroad opportunities.
(c) Senator Paul Simon Study Abroad Program.--
(1) Definitions.--In this subsection:
(A) Consortium.--The term "consortium" means a group that--
(i) includes at least 1 institution of higher education; and
(ii) may include nongovernmental organizations that provide and promote study abroad opportunities for students.
(B) Institution of higher education.--The term "institution of higher education" has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(C) Student.--The term "student" means an individual who--
(i) meets the requirements under section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(5)); and
(ii) is enrolled at an institution of higher education located within the United States.
(D) Study abroad.--The term "study abroad" means an educational program of study, work, service learning, research, internship, or combination of such activities that--
(i) is conducted outside of the United States; and
(ii) carries academic credit.
(E) World language.--The term "world language" means any natural language other than English, including--
(i) languages determined by the Secretary of State to be critical to the national security interests of the United States;
(ii) classical languages;
(iii) American sign language; and
(iv) Native American languages.
(2) Senator paul simon study abroad program.--
(A) Establishment.--Subject to the availability of appropriations and under the authority of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.), the Secretary of State shall--
(i) rename the IDEAS Program, or any successor program, as the "Senator Paul Simon Study Abroad Program" (referred to in this subsection as the "Program"); and
(ii) enhance the Program in accordance with this paragraph.
(B) Objectives.--The objectives of the Program are that not later than 10 years after the date of the enactment of this Act--
(i) not fewer than 1,000,000 undergraduate students from the United States will study abroad annually;
(ii) study abroad participation will reflect all types of students and institutions of higher education in the United States; and
(iii) study abroad opportunities will expand to more destinations that are less common for students to study abroad as of the date of the enactment of this Act.
(C) Competitive grants to institutions of higher education.--
(i) In general.--In order to accomplish the objectives described in subparagraph (B), the Secretary of State shall award grants, on a competitive basis, to institutions of higher education, either individually or as part of a consortium, based on applications by such institutions that--
(I) set forth detailed plans for using grant funds to further such objectives;
(II) include an institutional commitment to expanding access to study abroad;
(III) include plans for evaluating progress made in increasing opportunities for study abroad;
(IV) describe how increases in study abroad participation achieved through the grant will be sustained in subsequent years; and
(V) demonstrate that the study abroad programs have established health, safety, and security guidelines and procedures, informed by Department of State travel advisories and other appropriate Federal agencies and resources, including the Overseas Security Advisory Council and the Centers for Disease Control and Prevention.
(ii) Considerations.--In awarding grants under clause (i), the Secretary may consider institutions of higher education that offer study abroad programs with a significant world language learning component, as applicable.
(D) Implementation of lincoln commission recommendations.--In administering the Program, the Secretary of State shall take fully into account the recommendations of the Lincoln Commission, including--
(i) institutions of higher education applying for grants described in subparagraph (C) shall use Program funds to support direct student costs;
(ii) study abroad participation shall reflect all types of students and institutions of higher education in the United States; and
(iii) quality control shall be a defining characteristic of the Program.
(E) Consultation.--In carrying out this paragraph, the Secretary of State shall consult with--
(i) representatives of institutions of higher education that have a wide spectrum of study abroad programs;
(ii) representatives of educational policy organizations; and
(iii) other individuals with appropriate expertise.
(3) Annual briefing.--Not later than December 31 of each year, the Secretary of State shall provide a briefing to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that details the implementation of the Program during the most recently concluded fiscal year.
(4) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the Program for fiscal year 2027 and for each subsequent fiscal year.
______
SA 6159. 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:
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At the end of subtitle C of title V, add the following:
SEC. 529E. MODIFICATION OF PERSONS NOT QUALIFIED FOR
ENLISTMENT DEFINITION.
Section 504(b)(2)(B) of title 10, United States Code, is amended by striking "that the person will use in the primary daily duties of that person as a member of the armed forces" and inserting "that the person will use in the duties of that person as a member of the armed forces".
______
SA 6160. Mr. DURBIN (for himself and Mr. Lee) 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:
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At the appropriate place, insert the following:
TITLE __--PROTECTING AMERICANS FROM GOVERNMENT SPYING ACT
SEC. __01. SHORT TITLE.
This title may be cited as the "Protecting Americans from Government Spying Act".
SEC. __02. QUERY PROCEDURE REFORM.
(a) Restrictions Relating to Conduct of Certain Queries.--Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended--
(1) by redesignating paragraph (5) as paragraph (7) and transferring such paragraph, as so redesignated, so as to appear after paragraph (6); and
(2) in paragraph (7), as so redesignated--
(A) by striking subparagraph (B) and inserting the following:
"(B) The term `covered person' means--
"(i) a United States person; or
"(ii) a person reasonably believed to be located in the United States--
"(I) at the time of the applicable query; or
"(II) at the time of the communication or creation of the information subject to the applicable query.
"(C)(i) The term `covered query' means a query that--
"(I) is conducted using 1 or more terms associated with 1 or more covered persons, including but not limited to personally identifiable information; or
"(II) is conducted in whole or in part for the purpose of detecting or retrieving information of or concerning 1 or more covered persons.
"(ii) Whether a query is a covered query shall be determined without regard to whether the information subject to the query has already been detected or retrieved using a method other than a query described in clause (i).
"(D) The term `query'--
"(i) means the use of any technique, whether manual or automated, to detect or retrieve information obtained through acquisitions authorized under subsection (a) from within a system, collection, or assortment of information, or a subset thereof; and
"(ii) does not include the manual observation of retrieved information.".
(b) Prohibition on Warrantless Access to the Communications and Other Information of United States Persons and Persons Located in the United States.--Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended--
(1) in paragraph (1)(A) by inserting "and the limitations and requirements in paragraph (2)" after "Constitution of the United States";
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by striking paragraphs (2) and (3) and inserting the following:
"(2) Prohibition on warrantless access to the communications and other information of united states persons and persons located in the united states.--
"(A) In general.--Except as provided in subparagraph (B), no officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may access communications content, or information the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the United States, acquired under subsection (a) and returned in response to a covered query.
"(B) Exceptions for concurrent authorization, exigent circumstances, consent, and certain defensive cybersecurity queries.--
"(i) In general.--Subparagraph (A) shall not apply if--
"(I) the person to whom the covered query relates is the subject of an order authorizing electronic surveillance, a physical search, or an acquisition under section 105, section 304, section 703, or section 704 of this Act or a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction;
"(II)(aa) the person to whom the covered query relates is the subject of an emergency authorization authorizing electronic surveillance, a physical search, or an acquisition under section 105, section 304, section 703, or section 704 of this Act; and
"(bb) the Attorney General makes or has made an application to the Foreign Intelligence Surveillance Court in accordance with section 105(e)(1)(D), section 304(e)(1)(D), section 703(d)(1), or section 704(d)(1) of this Act;
"(III)(aa) the officer or employee accessing the communications content or information has a reasonable belief that--
"(AA) an emergency exists involving an imminent threat of death or serious bodily harm; and
"(BB) in order to prevent or mitigate the threat described in subitem (AA), the communications content or information must be accessed before an authorization described in subclause (I) can, with due diligence, be obtained; and
"(bb) not later than 7 days after the communications content or information is accessed, a description of the circumstances justifying the accessing of the results of the covered query is provided to the Foreign Intelligence Surveillance Court, the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate;
"(IV) such person or, if such person is incapable of providing consent, a third party legally authorized to consent on behalf of such person, has provided consent for the access on a case-by-case basis; or
"(V)(aa) the communications content or information is accessed and used for the sole purpose of identifying a potential victim or unwitting conduit of malicious cyber activity who is not a potential perpetrator of such activity;
"(bb) other than for the purposes described in item (aa), no communications content or other information described in subparagraph (A) are accessed or reviewed; and
"(cc) the accessing of the results of the covered query is reported to the Foreign Intelligence Surveillance Court.
"(ii) Limitations.--
"(I) Denial of application made after emergency authorization.--If the Foreign Intelligence Surveillance Court denies an application described in clause (i)(II)(bb), the restrictions set forth in section 105(e)(5), 304(e)(5), section 703(d)(4), or section 704(d)(4), as applicable, shall apply.
"(II) FISA court review of emergency exception.--
"(aa) In general.--Not later than 7 days after receipt of a description provided under clause (i)(III)(bb), the Foreign Intelligence Surveillance Court shall determine whether the criteria set forth in clause (i)(III)(aa) were met.
"(bb) Submission.--The Foreign Intelligence Surveillance Court may require the submission of any additional information the Court considers necessary to make the determination described in item (aa).
"(cc) Criteria not met.--If the Foreign Intelligence Surveillance Court determines that the criteria set forth in item (aa) of clause (i)(III) were not met, no information obtained or evidence derived from the accessing of querying results shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from accessing of the results of the covered query shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
"(iii) Assessment of compliance.--Not less frequently than annually, the Attorney General shall assess--
"(I) compliance with the requirements under clause (i)(II)(bb);
"(II) compliance with the requirements under clause (i)(III)(bb); and
"(III) compliance with the requirements under subclauses (I) and (II)(cc) of clause (ii).
"(C) Foreign intelligence purpose.--
"(i) In general.--Except as provided in clause (ii) of this subparagraph, no officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may conduct a query of information acquired under subsection (a) unless the query is reasonably likely to retrieve foreign intelligence information.
"(ii) Exceptions.--An officer or employee of the Federal Bureau of Investigation may conduct a query of information acquired under this section that is not reasonably likely to retrieve foreign intelligence information if--
"(I)(aa) the officer or employee conducting the query has a reasonable belief that--
"(AA) an emergency exists involving an imminent threat of death or serious bodily harm; and
"(BB) the query could reasonably be expected to assist in mitigating or eliminating that threat to life or serious bodily harm; and
"(bb) not later than 7 days after the query is conducted, a description of the query is provided to the Foreign Intelligence Surveillance Court, the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate; or
"(II) the query is necessary to identify information that must be produced or preserved in connection with a litigation matter or to fulfill discovery obligations in a criminal matter under the laws of the United States or any State thereof.
"(iii) Rule of construction.--Nothing in this subparagraph shall be construed to limit any oversight or training activities required under any other provision of law.
"(3) Documentation.--No officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may access communications content, or information the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the United States, returned in response to a covered query unless an electronic record is created that includes a statement of facts showing that the access is authorized pursuant to an exception specified in paragraph (2)(B).
"(4) Query record system.--The head of each agency that has access to unminimized communications or information obtained through an acquisition under this section shall ensure that a system, mechanism, or business practice is in place to maintain the records described in paragraph (3). Not later than 90 days after the date of enactment of the Protecting Americans from Government Spying Act, the head of each agency that has access to unminimized communications or information obtained through an acquisition under this section shall report to Congress on its compliance with this procedure.".
(c) Conforming Amendments.--
(1) Section 603(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1873(b)(2)) is amended, in the matter preceding subparagraph (A), by striking ", including pursuant to subsection (f)(2) of such section,".
(2) Section 706(a)(2)(A)(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e(a)(2)(A)(i)) is amended by striking "obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to section 702(f)(2)" and inserting "accessed such information in accordance with section 702(b)(2)".
______
SA 6161. 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:
Text printed in the Record (11,388 characters)
At the end of title X, add the following:
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the "Dream Act of 2026".
SEC. 1095. DEFINITIONS.
In this subtitle:
(1) In general.--Except as otherwise specifically provided, any term used in this subtitle that is used in the immigration laws shall have the meaning given such term in the immigration laws.
(2) Applicable federal tax liability.--The term "applicable Federal tax liability" means liability for Federal taxes imposed under the Internal Revenue Code of 1986, including any penalties and interest on Federal taxes imposed under that Code.
(3) Armed forces.--The term "Armed Forces" has the meaning given the term "armed forces" in section 101 of title 10, United States Code.
(4) DACA.--The term "DACA" means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals program announced by President Obama on June 15, 2012.
(5) Disability.--The term "disability" has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(6) Early childhood education program.--The term "early childhood education program" has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
(7) Elementary school; high school; secondary school.--The terms "elementary school", "high school", and "secondary school" have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(8) Immigration laws.--The term "immigration laws" has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(9) Institution of higher education.--The term "institution of higher education"--
(A) except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher education outside of the United States.
(10) Permanent resident status on a conditional basis.--The term "permanent resident status on a conditional basis" means status as an alien lawfully admitted for permanent residence on a conditional basis under this subtitle.
(11) Poverty line.--The term "poverty line" has the meaning given such term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902).
(12) Secretary.--Except as otherwise specifically provided, the term "Secretary" means the Secretary of Homeland Security.
(13) Uniformed services.--The term "Uniformed Services" has the meaning given the term "uniformed services" in section 101(a) of title 10, United States Code.
SEC. 1096. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS
FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any other provision of law, an
alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions under this subtitle.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States, is in temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), or is the son or daughter of an alien admitted as a nonimmigrant described in subparagraph (E)(i), (E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) if--
(A) the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act;
(B) the alien was younger than 18 years of age on the date on which the alien initially entered the United States;
(C) subject to paragraphs (2) and (3), the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and
(iii) has not been convicted of--
(I) any offense under Federal or State law, other than a State offense for which an essential element is the alien's immigration status, that is punishable by a maximum term of imprisonment of more than 1 year; or
(II) 3 or more offenses under Federal or State law, other than State offenses for which an essential element is the alien's immigration status, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more;
(D) the alien--
(i) has been admitted to an institution of higher education;
(ii) has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general education development certificate recognized under State law or a high school equivalency diploma in the United States;
(iii) is enrolled in secondary school or in an education program assisting students in--
(I) obtaining a regular high school diploma or its recognized equivalent under State law; or
(II) in passing a general educational development exam, a high school equivalence diploma examination, or other similar State-authorized exam; or
(iv)(I) has served, is serving, or has enlisted in the Armed Forces; or
(II) in the case of an alien who has been discharged from the Armed Forces, has received an honorable discharge; and
(E) the alien has sworn under penalty of perjury that the alien--
(i) has no unpaid applicable Federal tax liability, which is assessed and is not being disputed;
(ii) has entered into an agreement to resolve any such assessed and undisputed Federal tax liability (via an installment agreement, an offer in compromise, or otherwise) which has been approved by the Commissioner of Internal Revenue; or
(iii) has applied in good faith to enter into an agreement to resolve any such assessed and undisputed Federal tax liability, which has not been rejected by the Commissioner of Internal Revenue.
(2) Waiver.--With respect to any benefit under this subtitle, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes or family unity or if the waiver is otherwise in the public interest.
(3) Treatment of expunged convictions.--An expunged conviction shall not automatically be treated as an offense under paragraph (1). The Secretary shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the Secretary determines that the alien should be eligible for cancellation of removal, adjustment to permanent resident status on a conditional basis, or other adjustment of status.
(4) DACA recipients.--The Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted DACA unless the alien has engaged in conduct since the alien was granted DACA that would make the alien ineligible for DACA.
(5) Application fee.--
(A) In general.--The Secretary may require an alien applying for permanent resident status on a conditional basis under this section to pay a reasonable fee that is commensurate with the cost of processing the application.
(B) Exemption.--An applicant may be exempted from paying the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and
(III) is in foster care or otherwise lacking any parental or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a serious, chronic disability; and
(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or
(iv)(I) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and
(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line.
(6) Submission of biometric and biographic data.--The Secretary may not grant an alien permanent resident status on a conditional basis under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment.
(7) Background checks.--
(A) Requirement for background checks.--The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate--
(i) to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and
(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status.
(B) Completion of background checks.--The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section.
(8) Medical examination.--
(A) Requirement.--An alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination.
(B) Policies and procedures.--The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under subparagraph (A).
(9) Military selective service.--An alien applying for permanent resident status on a conditional basis under this section shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act.
(c) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of continuous physical presence in the United States of an alien who applies for permanent resident status on a conditional basis under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C.
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1229(a)).
(2) Treatment of certain breaks in presence.--
(A) In general.--Except as provided in subparagraphs (B) and (C), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (b)(1)(A) if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days.
(B) Extensions for extenuating circumstances.--The Secretary may extend the time periods described in subparagraph (A) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien's control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien.
(C) Travel authorized by the secretary.--Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under subparagraph (A).
(d) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may not remove an alien who appears prima facie eligible for relief under this section.
(2) Aliens subject to removal.--The Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order.
(3) Certain aliens enrolled in elementary or secondary school.--
(A) Stay of removal.--The Attorney General shall stay the removal proceedings of an alien who--
(i) meets all the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1), subject to paragraphs (2) and (3) of such subsection;
(ii) is at least 5 years of age; and
(iii) is enrolled in an elementary school, a secondary school, or an early childhood education program.
(B) Commencement of removal proceedings.--The Secretary may not commence removal proceedings for an alien described in subparagraph (A).
(C) Employment.--An alien whose removal is stayed pursuant to subparagraph (A) or who may not be placed in removal proceedings pursuant to subparagraph (B) shall, upon application to the Secretary, be granted an employment authorization document.
(D) Lift of stay.--The Secretary or Attorney General may not lift the stay granted to an alien under subparagraph (A) unless the alien ceases to meet the requirements under such subparagraph.
(e) Exemption From Numerical Limitations.--Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status on a conditional basis under this subtitle.
SEC. 1097. TERMS OF PERMANENT RESIDENT STATUS ON A
CONDITIONAL BASIS.
(a) Period of Status.--Permanent resident status on a conditional basis is--
(1) valid for a period of 8 years, unless such period is extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this subtitle and the requirements to have the conditional basis of such status removed.
(c) Termination of Status.--The Secretary may terminate the permanent resident status on a conditional basis of an alien only if the Secretary--
(1) determines that the alien ceases to meet the requirements under paragraph (1)(C) of section 1096(b), subject to paragraphs (2) and (3) of that section; and
(2) prior to the termination, provides the alien--
(A) notice of the proposed termination; and
(B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise contest the termination.
(d) Return to Previous Immigration Status.--
(1) In general.--Except as provided in paragraph (2), an alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis or applying for such status, as appropriate.
(2) Special rule for temporary protected status.--An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied and who had temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) immediately before receiving or applying for such permanent resident status on a conditional basis, as appropriate, may not return to such temporary protected status if--
(A) the relevant designation under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been terminated; or
(B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for such temporary protected status.
SEC. 1098. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT
STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien's permanent resident status granted under this subtitle and grant the alien status as an alien lawfully admitted for permanent residence if the alien--
(A) is described in paragraph (1)(C) of section 1096(b), subject to paragraphs (2) and (3) of that section;
(B) has not abandoned the alien's residence in the United States; and
(C)(i) has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States;
(ii) has served in the Armed Forces for at least 2 years and, if discharged, received an honorable discharge; or
(iii) has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 1096(b)(1)(D)(iii), shall not count toward the time requirements under this clause.
(2) Hardship exception.--The Secretary shall remove the conditional basis of an alien's permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien--
(A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1);
(B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and
(C) demonstrates that--
(i) the alien has a disability;
(ii) the alien is a full-time caregiver of a minor child; or
(iii) the removal of the alien from the United States would result in extreme hardship to the alien or the alien's spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph (B), the conditional basis of an alien's permanent resident status granted under this subtitle may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability.
(4) Application fee.--
(A) In general.--The Secretary may require aliens applying for lawful permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application.
(B) Exemption.--An applicant may be exempted from paying the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and
(III) is in foster care or otherwise lacking any parental or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a serious, chronic disability; and
(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or
(iv)(I) during the 12-month period immediately preceding the date on which the alien files an application under this section, the alien accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and
(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line.
(5) Submission of biometric and biographic data.--The Secretary may not remove the conditional basis of an alien's permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate--
(i) to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien's permanent resident status; and
(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis.
(B) Completion of background checks.--The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary removes the conditional basis of the alien's permanent resident status.
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.
SEC. 1099.
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DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's application for permanent resident status on a conditional basis may include, as proof of identity--
(1) a passport or national identity document from the alien's country of origin that includes the alien's name and the alien's photograph or fingerprint;
(2) the alien's birth certificate and an identity card that includes the alien's name and photograph;
(3) a school identification card that includes the alien's name and photograph, and school records showing the alien's name and that the alien is or was enrolled at the school;
(4) a Uniformed Services identification card issued by the Department of Defense;
(5) any immigration or other document issued by the United States Government bearing the alien's name and photograph; or
(6) a State-issued identification card bearing the alien's name and photograph.
(b) Documents Establishing Continuous Physical Presence in the United States.--To establish that an alien has been continuously physically present in the United States, as required under section 1096(b)(1)(A), or to establish that an alien has not abandoned residence in the United States, as required under section 1098(a)(1)(B), the alien may submit documents to the Secretary, including--
(1) employment records that include the employer's name and contact information;
(2) records from any educational institution the alien has attended in the United States;
(3) records of service from the Uniformed Services;
(4) official records from a religious entity confirming the alien's participation in a religious ceremony;
(5) passport entries;
(6) a birth certificate for a child who was born in the United States;
(7) automobile license receipts or registration;
(8) deeds, mortgages, or rental agreement contracts;
(9) tax receipts;
(10) insurance policies;
(11) remittance records;
(12) rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien, and the alien's address;
(13) copies of money order receipts for money sent in or out of the United States;
(14) dated bank transactions; or
(15) 2 or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien's continuous physical presence in the United States, that contain--
(A) the name, address, and telephone number of the affiant; and
(B) the nature and duration of the relationship between the affiant and the alien.
(c) Documents Establishing Initial Entry Into the United States.--To establish under section 1096(b)(1)(B) that an alien was younger than 18 years of age on the date on which the alien initially entered the United States, an alien may submit documents to the Secretary, including--
(1) an admission stamp on the alien's passport;
(2) records from any educational institution the alien has attended in the United States;
(3) any document from the Department of Justice or the Department of Homeland Security stating the alien's date of entry into the United States;
(4) hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization;
(5) rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien, and the alien's address;
(6) employment records that include the employer's name and contact information;
(7) official records from a religious entity confirming the alien's participation in a religious ceremony;
(8) a birth certificate for a child who was born in the United States;
(9) automobile license receipts or registration;
(10) deeds, mortgages, or rental agreement contracts;
(11) tax receipts;
(12) travel records;
(13) copies of money order receipts sent in or out of the country;
(14) dated bank transactions;
(15) remittance records; or
(16) insurance policies.
(d) Documents Establishing Admission to an Institution of Higher Education.--To establish that an alien has been admitted to an institution of higher education, the alien shall submit to the Secretary a document from the institution of higher education certifying that the alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(e) Documents Establishing Receipt of a Degree From an Institution of Higher Education.--To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien shall submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree.
(f) Documents Establishing Receipt of High School Diploma, General Educational Development Certificate, or a Recognized Equivalent.--To establish that an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general educational development certificate recognized under State law or a high school equivalency diploma in the United States, the alien shall submit to the Secretary--
(1) a high school diploma, certificate of completion, or other alternate award;
(2) a high school equivalency diploma or certificate recognized under State law; or
(3) evidence that the alien passed a State-authorized exam, including the general educational development exam, in the United States.
(g) Documents Establishing Enrollment in an Educational Program.--To establish that an alien is enrolled in any school or education program described in section 1096(b)(1)(D)(iii), 1096(d)(3)(A)(iii), or 1098(a)(1)(C), the alien shall submit school records from the United States school that the alien is currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current grade or educational level.
(h) Documents Establishing Exemption From Application Fees.--To establish that an alien is exempt from an application fee under section 1096(b)(5)(B) or 1098(a)(4)(B), the alien shall submit to the Secretary the following relevant documents:
(1) Documents to establish age.--To establish that an alien meets an age requirement, the alien shall provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the alien's income, the alien shall provide--
(A) employment records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency;
(B) bank records; or
(C) at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work and income that contain--
(i) the name, address, and telephone number of the affiant; and
(ii) the nature and duration of the relationship between the affiant and the alien.
(3) Documents to establish foster care, lack of familial support, homelessness, or serious, chronic disability.--To establish that the alien was in foster care, lacks parental or familial support, is homeless, or has a serious, chronic disability, the alien shall provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain--
(A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, is homeless, or has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the affiant; and
(C) the nature and duration of the relationship between the affiant and the alien.
(4) Documents to establish unpaid medical expense.--To establish that the alien has debt as a result of unreimbursed medical expenses, the alien shall provide receipts or other documentation from a medical provider that--
(A) bear the provider's name and address;
(B) bear the name of the individual receiving treatment; and
(C) document that the alien has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien.
(i) Documents Establishing Qualification for Hardship Exemption.--To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 1098(a)(2)(C), the alien shall submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant; and
(2) the nature and duration of the relationship between the affiant and the alien.
(j) Documents Establishing Service in the Armed Forces.--To establish that an alien has served in the Armed Forces for at least 2 years and, if discharged, received an honorable discharge, the alien shall submit to the Secretary official service records showing the character of the alien's service.
(k) Documents Establishing Employment.--
(1) In general.--An alien may satisfy the employment requirement under section 1098(a)(1)(C)(iii) by submitting records that--
(A) establish compliance with such employment requirement; and
(B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the records described in paragraph (1) may satisfy the employment requirement by submitting at least 2 types of reliable documents that provide evidence of employment, including--
(A) bank records;
(B) business records;
(C) employer records;
(D) records of a labor union, day labor center, or organization that assists workers in employment;
(E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work, that contain--
(i) the name, address, and telephone number of the affiant; and
(ii) the nature and duration of the relationship between the affiant and the alien; and
(F) remittance records.
(l) Authority To Prohibit Use of Certain Documents.--If the Secretary determines, after publication in the Federal Register and
an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status on a conditional basis is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.
SEC. 1099A. RULEMAKING.
(a) Initial Publication.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this subtitle in the Federal Register. Such regulations shall allow eligible individuals to immediately apply affirmatively for the relief available under section 1096 without being placed in removal proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of title 5, United States Code, the regulations published pursuant to subsection (a) shall be effective, on an interim basis, immediately upon publication in the Federal Register, but may be subject to change and revision after public notice and opportunity for a period of public comment.
(c) Final Regulations.--Not later than 180 days after the date on which interim regulations are published under this section, the Secretary shall publish final regulations implementing this subtitle.
(d) Paperwork Reduction Act.--The requirements under chapter 35 of title 44, United States Code (commonly known as the "Paperwork Reduction Act"), shall not apply to any action to implement this subtitle.
SEC. 1099B.
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CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use information provided in applications filed under this subtitle or in requests for DACA for the purpose of immigration enforcement.
(b) Referrals Prohibited.--The Secretary may not refer any individual who has been granted permanent resident status on a conditional basis or who was granted DACA to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity.
(c) Limited Exception.--Notwithstanding subsections (a) and (b), information provided in an application for permanent resident status on a conditional basis or a request for DACA may be shared with Federal security and law enforcement agencies--
(1) for assistance in the consideration of an application for permanent resident status on a conditional basis;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.
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SA 6162. 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:
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At the appropriate place, insert the following:
TITLE _____--DISRUPT EXPLICIT FORGED IMAGES AND NON-CONSENSUAL EDITS ACT OF 2026
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SEC. ___01. SHORT TITLE.
This title may be cited as the "Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2026" or the "DEFIANCE Act of 2026".
SEC. ___02. FINDINGS.
Congress finds the following:
(1) Digital forgeries, often called deepfakes, are synthetic images and videos that look realistic. The technology to create digital forgeries is now ubiquitous and easy to use. Hundreds of apps are available that can quickly generate digital forgeries without the need for any technical expertise.
(2) Digital forgeries can be wholly fictitious but can also manipulate images of real people to depict sexually intimate conduct that did not occur. For example, some digital forgeries will paste the face of an individual onto the body of a real or fictitious individual who is nude or who is engaging in sexual activity. Another example is a photograph of an individual that is manipulated to digitally remove the clothing of the individual so that the person appears to be nude.
(3) The individuals depicted in such digital forgeries are profoundly harmed when the content is produced with intent to disclose, disclosed, or obtained without the consent of those individuals. These harms are not mitigated through labels or other information that indicates that the depiction is fake.
(4) It can be destabilizing to victims whenever those victims are depicted in intimate digital forgeries against their will, as the privacy of those victims is violated and the victims lose control over their likeness and identity.
(5) Victims can feel helpless because the victims--
(A) may not be able to determine who has created the content; and
(B) do not know how to prevent further disclosure of the intimate digital forgery or how to prevent more forgeries from being made.
(6) Victims may be fearful of being in public out of concern that individuals the victims encounter have seen the digital forgeries. This leads to social rupture through the loss of the ability to trust, stigmatization, and isolation.
(7) Victims of non-consensual, sexually intimate digital forgeries may experience depression, anxiety, and suicidal ideation. These victims may also experience the "silencing effect" in which the victims withdraw from online spaces and public discourse to avoid further abuse.
(8) Digital forgeries are often used to--
(A) harass victims, interfering with their employment, education, reputation, or sense of safety; or
(B) commit extortion, sexual assault, domestic violence, and other crimes.
(9) Because of the harms caused by non-consensual, sexually intimate digital forgeries, such digital forgeries are considered to be a form of image-based sexual abuse.
SEC. ___03. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE
IMAGES.
(a) Definitions.--Section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851) is amended--
(1) in the section heading, by inserting "or nonconsensual activity involving digital forgeries" after "intimate images"; and
(2) in subsection (a)--
(A) in paragraph (2), by inserting "competent," after "conscious,";
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3);
(D) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
(E) by inserting after paragraph (3) the following:
"(4) Identifiable individual.--The term `identifiable individual' means an individual whose body appears in whole or in part in an intimate visual depiction or intimate digital forgery and who is identifiable by virtue of the individual's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the intimate visual depiction or intimate digital forgery.
"(5) Intimate digital forgery.--
"(A) In general.--The term `intimate digital forgery' means any intimate visual depiction of an identifiable individual that--
"(i) falsely represents, in whole or in part--
"(I) the identifiable individual; or
"(II) the conduct or content that makes the visual depiction intimate;
"(ii) is created 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; and
"(iii) is indistinguishable from an authentic visual depiction of the identifiable individual when viewed as a whole by a reasonable person.
"(B) Labels, disclosure, and context.--Any visual depiction described in subparagraph (A) constitutes an intimate digital forgery for purposes of this paragraph regardless of whether a label, information disclosed with the visual depiction, or the context or setting in which the visual depiction is disclosed states or implies that the visual depiction is not authentic."; and
(F) in paragraph (6)(A), as so redesignated--
(i) in clause (i), by striking "or" at the end;
(ii) in clause (ii)--
(I) in subclause (I), by striking "individual;" and inserting "individual; or"; and
(II) by striking subclause (III); and
(iii) by adding at the end the following:
"(iii) an identifiable individual engaging in sexually explicit conduct; and".
(b) Civil Action.--Section 1309(b) of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the following:
"(A) In general.--Except as provided in paragraph (5)--
"(i) an identifiable individual whose intimate visual depiction is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the identifiable individual, where such disclosure was made by a person who knows or recklessly disregards that the identifiable individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth in paragraph (3);
"(ii) an identifiable individual who is the subject of an intimate digital forgery may bring a civil action in an appropriate district court of the United States for relief as set forth in paragraph (3) against any person that knowingly produced or possessed the intimate digital forgery with intent to disclose it, knowingly disclosed the intimate digital forgery, or knowingly solicited and received the intimate digital forgery, if--
"(I) the identifiable individual did not consent to such production or possession with intent to disclose, disclosure, or solicitation and receipt;
"(II) the person knew or recklessly disregarded that the identifiable individual did not consent to such production or possession with intent to disclose, disclosure, or solicitation and receipt; and
"(III) such production or possession with intent to disclose, disclosure, or solicitation and receipt, is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce; and
"(iii) an identifiable individual who is the subject of an intimate digital forgery may bring a civil action in an appropriate district court of the United States for relief as set forth in paragraph (3) against any person that knowingly produced the intimate digital forgery if--
"(I) the identifiable individual did not consent to such production;
"(II) the person knew or recklessly disregarded that the identifiable individual--
"(aa) did not consent to such production; and
"(bb) was harmed, or was reasonably likely to be harmed, by the production; and
"(III) such production is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce."; and
(B) in subparagraph (B)--
(i) in the subparagraph heading, by inserting "identifiable" before "individuals"; and
(ii) by striking "an individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the individual" and inserting "an identifiable individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the identifiable individual";
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting "identifiable" before "individual";
(ii) by striking "depiction" and inserting "intimate visual depiction or intimate digital forgery"; and
(iii) by striking "distribution" and inserting "disclosure, solicitation, or possession"; and
(B) in subparagraph (B)--
(i) by inserting "identifiable" before "individual";
(ii) by inserting "or intimate digital forgery" after "depiction" each place it appears; and
(iii) by inserting ", solicitation, or possession" after "disclosure";
(3) by redesignating paragraph (4) as paragraph (5);
(4) by striking paragraph (3) and inserting the following:
"(3) Relief.--
"(A) In general.--In a civil action filed under this section, an identifiable individual may recover--
"(i) damages as provided under subparagraph (C); and
"(ii) the cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred.
"(B) Punitive damages and other relief.--The court may, in addition to any other relief available at law, award punitive damages or order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to delete, destroy, or cease to display or disclose the intimate visual depiction or intimate digital forgery.
"(C) Damages.--For purposes of subparagraph (A)(i), the identifiable individual may recover--
"(i) liquidated damages in the amount of--
"(I) $150,000; or "(II) $250,000 if the conduct at issue in the claim was--
"(aa) committed in relation to actual or attempted sexual assault, stalking, or harassment of the identifiable individual by the defendant; or
"(bb) the direct and proximate cause of actual or attempted sexual assault, stalking, or harassment of the identifiable individual by any person; or
"(ii) actual damages sustained by the individual, which shall include any profits of the defendant that are attributable to the conduct at issue in the claim that are not otherwise taken into account in computing the actual damages.
"(D) Calculation of defendant's profit.--For purposes of subparagraph (C)(ii), to establish the defendant's profits, the identifiable individual shall be required to present proof only of the gross revenue of the defendant, and the defendant shall be required to prove the deductible expenses of the defendant and the elements of profit attributable to factors other than the conduct at issue in the claim.
"(4) Preservation of privacy.--In a civil action filed under this section, the court may issue an order to protect the privacy of a plaintiff, including by--
"(A) permitting the plaintiff to use a pseudonym;
"(B) requiring the parties to redact the personal identifying information of the plaintiff from any public filing, or to file such documents under seal; and
"(C) issuing a protective order for purposes of discovery, which may include an order indicating that any intimate visual depiction or intimate digital forgery shall remain in the care, custody, and control of the court.";
(5) in paragraph (5)(A), as so redesignated--
(A) by striking "image" and inserting "visual depiction or intimate digital forgery"; and
(B) by striking "depicted" and inserting "identifiable"; and
(6) by adding at the end the following:
"(6) Statute of limitations.--Any action commenced under this section shall be barred unless the complaint is filed not later than 10 years from the later of--
"(A) the date on which the identifiable individual reasonably discovers the violation that forms the basis for the claim; or
"(B) the date on which the identifiable individual reaches 18 years of age.
"(7) Duplicative recovery barred.--No relief may be ordered under paragraph (3) against a person who is subject to a judgment under section 2255 of title 18,
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United States Code, for the same conduct involving the same identifiable individual and the same intimate visual depiction or intimate digital forgery.".
(c) Continued Applicability of Federal, State, and Tribal Law.--
(1) In general.--this title shall not be construed to impair, supersede, or limit a provision of Federal, State, or Tribal law.
(2) No preemption.--Nothing in this title shall prohibit a State or Tribal government from adopting and enforcing a provision of law governing disclosure of intimate images or nonconsensual activity involving an intimate digital forgery, as defined in section 1309(a) of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851(a)), as amended by this title, that is at least as protective of the rights of a victim as this title.
SEC. ___04. SEVERABILITY; RULE OF CONSTRUCTION.
(a) Severability.--If any provision of this title, an amendment made by this title, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of and amendments made by this title, and the application of the provision or amendment held to be unconstitutional to any other person or circumstance, shall not be affected thereby.
(b) Rule of Construction.--Nothing in this title, or an amendment made by this title, shall be construed to limit or expand any law pertaining to intellectual property.
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SA 6163. 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:
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At the appropriate place in subtitle G of title X, insert the following:
SEC. __. SENSE OF CONGRESS ON COMPLIANCE WITH THE LAW OF WAR.
It is the sense of Congress, whose constitutional responsibility it is to "define and punish . . . Offences against the Law of Nations" and to "make Rules for the Government and Regulation of the land and naval Forces", that--
(1) the law of war, embodied in both treaties to which the United States is party and customary international law, binds the United States and the United States Armed Forces;
(2) consistent with the longstanding policy of the Department of Defense to comply with the law of war during all armed conflicts, the United States remains steadfastly committed to complying with its obligations under the law of war, including the fundamental principles of necessity, humanity, distinction, and proportionality;
(3) in addition to being legally required, compliance with the law of war reinforces military effectiveness, helps maintain public support and political legitimacy, and can encourage reciprocal adherence by the adversary or adherence by adversaries in future conflicts;
(4) obligations under the law of war include those that address the protection of civilians, including, among other things--
(A) prohibitions on attacks directed at civilians and civilian objects, indiscriminate attacks, and attacks expected to cause excessive harm to civilians relative to the anticipated military advantage;
(B) the requirement to take all feasible precautions to avoid, or in any event minimize, harm to civilians; and
(C) the presumption in cases of doubt as to whether a person is a civilian, that such person shall be considered a civilian;
(5) the protection of civilians is fundamentally consistent with the effective, efficient, and decisive use of force in pursuit of United States national interests;
(6) minimizing civilian casualties can further mission objectives, help maintain the support of partner governments and vulnerable populations, and enhance the legitimacy and sustainability of United States operations critical to national security; and
(7) the United States therefore routinely imposes certain heightened policy standards that are more protective than the requirements of the law of war that relate to the protection of civilians.
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SA 6164. 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:
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At the appropriate place in title X, insert the following:
SEC. __. SHORT TITLE.
This subtitle may be cited as the "Runaway and Homeless Youth and Trafficking Prevention Act of 2026".
SEC. __. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (34 U.S.C. 11201) is amended to read as follows:
"SEC. 302. FINDINGS.
"Congress finds that--
"(1) youth who have become homeless or who leave and remain away from home without parental permission are at risk of developing, and have a disproportionate share of, trauma, substance use disorders, and serious health, behavioral, social, and emotional challenges because they lack sufficient resources to obtain care and may live on the street for extended periods of time, thereby endangering themselves;
"(2) many such young people, because of their age and situation, are urgently in need of temporary shelter and services, including services that consider their age, gender, and social and developmental needs, are culturally and linguistically appropriate, and acknowledge the environment of youth seeking these services;
"(3) research has documented the fluid experiences of homelessness of youth, where many youth experience 2 or more different types of homelessness, including couch surfing, living in motels, and staying on the streets;
"(4) research has documented that persons who are members of historically marginalized and underserved communities of color, LGBTQ youth, youth who do not complete high school or achieve a high school equivalency, youth involved in the child welfare system, youth who have been involved with the criminal justice system, and pregnant and parenting youth are most likely to experience homelessness in the United States while unaccompanied by a parent or adult;
"(5) services to such young people should be developed and provided using a positive youth development approach that ensures a young person a sense of--
"(A) safety and structure;
"(B) belonging and membership;
"(C) self-worth, empowerment, voice, and choice;
"(D) independence and control over one's life; and
"(E) closeness in interpersonal relationships;
"(6) in view of the interstate nature of the problem, it is the responsibility of the Federal Government to develop an accurate national reporting system to report the prevalence of youth homelessness, and to assist in the development of an effective system of care (including prevention services and aftercare services, short-term housing with services, extended housing with supportive services, and street outreach services) outside the welfare system and the law enforcement system, in collaboration with public assistance systems, the education system, and the child welfare system;
"(7) to make a successful transition to adulthood, youth who run away, youth experiencing homelessness, and youth living in the street need a safe and stable place to live, connections to caring adults, and opportunities to complete high school or earn a general equivalency degree, learn job skills, and obtain employment;
"(8) improved coordination and collaboration at the Federal level between programs that serve runaway and homeless youth are necessary for the development of a long-term strategy for responding to the needs of this population;
"(9) runaway and homeless youth are at a high risk of substance use disorders and becoming victims of sexual exploitation and trafficking;
"(10) since research has shown that the prevalence of homelessness among youth is similar in rural and urban communities, runaway and homeless youth programs, such as those funded under this title, are integral services that every community should provide, regardless of the size of the community; and
"(11) runaway and homeless youth programs, such as those funded under this title--
"(A) are expert adolescent service providers and integral community partners for the child welfare and juvenile justice systems as many youth exit these systems to homelessness; and
"(B) work to reunify youth with their family when safe and appropriate.".
SEC. __. BASIC CENTER GRANT PROGRAM.
Part A of the Runaway and Homeless Youth Act (34 U.S.C. 11211 et seq.) is amended--
(1) in section 311, by striking subsection (a) and inserting the following:
"(a) Grants for Centers and Services.--
"(1) In general.--The Secretary shall--
"(A) not later than 90 days before the start date of the grant, award 5-year grants to public and nonprofit private entities, and combinations of such entities, to establish, operate, and maintain (including renovate) local centers to provide--
"(i) safe shelter and services for runaway and homeless youth, including trauma-informed services; and
"(ii) if appropriate, services for the families of such youth, including individuals identified by such youth as family; and
"(B) establish an appeal process for grantees.
"(2) Services provided.--Services provided under paragraph (1)--
"(A) shall be provided to runaway youth, street youth, homeless youth, or youth at risk of separation from the family;
"(B) shall include--
"(i) safe and appropriate shelter for not more than 30 days or the maximum allowed by the State, whichever is greater;
"(ii) individual, family, or group counseling, as appropriate, including counseling for individuals identified by such youth as family, that considers the age, gender, and social and developmental needs of such youth, and is culturally and linguistically appropriate; and
"(iii) suicide prevention services; and
"(C) may include--
"(i) street-based services;
"(ii) home-based services for families with youth at risk of separation from the family, to the extent practicable, that consider the ages, genders, and social and developmental needs of the family, and are culturally and linguistically appropriate;
"(iii) prevention services;
"(iv) substance use disorder education and prevention services;
"(v) at the request of runaway youth or homeless youth, testing for sexually transmitted infections;
"(vi) trauma-informed services, including for such youth who are victims of trafficking; and
"(vii) an assessment of--
"(I) family engagement in support and reunification, if reunification is appropriate;
"(II) interventions; and
"(III) services for parents or legal guardians of such youth or, if appropriate, individuals identified by such youth as family.";
(2) in section 312--
(A) in subsection (b)--
(i) by striking paragraph (2) and inserting the following:
"(2) shall use such assistance to establish, strengthen, or fund a runaway and homeless youth center that provides temporary shelter or a locally controlled project, including a host family home, that has--
"(A) a minimum capacity of not less than 4 youth, except if there is an established minimum number of beds per youth shelter or project location;
"(B) a maximum capacity of not more than 20 youth, except where the applicant demonstrates that the State where the center or locally controlled project is located has a State or local law or regulation that allows a higher maximum to comply with licensure requirements for child and youth serving centers or projects;
"(C) a ratio of staff to youth that is sufficient to ensure adequate supervision and treatment; and
"(D) if it is a mixed project, not more than 20 youth per project, except where the applicant demonstrates that the project has a State or local law or regulation that allows a higher maximum to comply with licensure requirements for child and youth serving projects;";
(ii) in paragraph (5), by striking "or legal guardians" and inserting ", legal guardians, or individuals identified by such youth as family, if appropriate,";
(iii) by striking paragraphs (6), (7), and (8), and inserting the following:
"(6) shall develop an adequate plan, which may include the use of online resources to reach and engage youth, for establishing or coordinating with outreach programs designed to attract persons, including persons who are members of underserved populations, who are eligible to receive services for which a grant under section 311(a) may be expended;
"(7) shall keep adequate statistical records profiling the runaway youth or homeless youth and family members of such youth whom the applicant serves, including demographic information and the number of such youth who--
"(A) are not referred to out-of-home shelter services;
"(B) are members of vulnerable or underserved populations;
"(C) are victims of trafficking;
"(D) are pregnant or parenting;
"(E) have been involved in the child welfare system; and
"(F) have been involved in the juvenile justice system;
"(8) shall ensure that--
"(A) the information maintained on individual runaway youth or homeless youth contained in the records described in paragraph (7) shall not be disclosed without the consent of the individual youth and the parent of the youth, the legal guardian of the youth, or an individual identified by such youth as family, to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against such youth; and
"(B) reports or other documents based on the statistics described in paragraph (7) shall not disclose the identity of any individual runaway youth or homeless youth;";
(iv) in paragraph (12), by striking subparagraphs (B) and (C) and inserting the following:
"(B) detailed information on how the applicant has been able to meet the goals of the plan of the applicant; and
"(C) statistical summaries describing--
"(i) the data the Secretary requires to be collected;
"(ii) the number and characteristics of runaway youth, homeless youth, street youth, and youth at risk of separation from the family, who participate in the project, including information on such youth who--
"(I) are victims of trafficking;
"(II) are pregnant or parenting;
"(III) have been involved in the child welfare system; or
"(IV) have been involved with the criminal justice system; and
"(iii) the services provided to such youth by the project;";
(v) in paragraph (13), by striking the period at the end and inserting "for natural disasters, inclement weather, and public health emergencies;"; and
(vi) by adding at the end the following:
"(14) shall provide services to runaway youth and homeless youth that consider the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, to the extent practicable; and
"(15) shall inform youth of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv), provide verification of such status for the purposes of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C.
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1090), and assist youth in completing this application at the request of the youth.";
(B) in subsection (c)--
(i) in paragraph (3), by striking "and" after the semicolon;
(ii) in paragraph (4), by striking the period at the end and inserting "; and"; and
(iii) by adding at end the following:
"(5) develop a plan, consistent with local needs, for the use of online resources, if appropriate, to reach and engage youth.";
(C) in subsection (d)--
(i) by striking paragraph (1) and inserting the following:
"(1) provide counseling and information that consider the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, to the extent practicable, to youth and the families of such youth (including unrelated individuals in the family households of such youth and individuals identified by such youth as family), including services relating to basic life skills, interpersonal skill building, educational advancement, job attainment skills, mental and physical health care, suicide prevention, parenting skills, financial planning, and referral to sources of other needed services;";
(ii) in paragraph (4), by inserting ", including training on trauma-informed care" before the semicolon at the end; and
(iii) in paragraph (5)--
(I) in subparagraph (A), by striking "and" after the semicolon;
(II) in subparagraph (B), by striking the period at the end and inserting "; and"; and
(III) by adding at the end the following:
"(C) youth are eligible for home-based services when determined by the applicant to be at risk of separation from family.";
(D) in subsection (e), by striking the subsection enumerator and all that follows through "(b)--" and inserting the following:
"(e) Applicants Providing Substance Use Disorder Education and Prevention Services.--To be eligible to use assistance under section 311(a) to provide substance use disorder education and prevention services, an applicant shall include in the plan required by subsection (b)--"; and
(E) by adding at the end the following:
"(f) Online Resources for Outreach.--An applicant may develop a plan, consistent with local needs, for the use of online resources to reach and engage youth.
"(g) Definition of Underserved Populations.--In this section, the term `underserved populations' means victims of homelessness or trafficking or runaway youth, who disproportionately face barriers in accessing and using victim services, including populations who are underserved due to limited English proficiency or are historically marginalized and underserved communities of color, and any other population determined to be underserved by the Secretary of Health and Human Services."; and
(3) in section 313, by striking subsection (b) and inserting the following:
"(b) Priority.--In selecting applications for grants under section 311(a), the Secretary shall give priority to eligible applicants who have demonstrated experience in providing services to runaway youth and homeless youth.".
SEC. __. TRANSITIONAL LIVING GRANT PROGRAM.
Part B of the Runaway and Homeless Youth Act (34 U.S.C. 11221 et seq.) is amended--
(1) in section 321--
(A) by inserting "5-year" after "to make"; and
(B) by inserting "and runaway youth. The Secretary shall award such grants not later than 90 days before the start date of the grant and establish an appeal process for grantees" after "homeless youth"; and
(2) in section 322--
(A) in subsection (a)--
(i) by striking paragraph (1) and inserting the following:
"(1) to provide to homeless youth, by grant, agreement, or contract--
"(A) shelter, such as group homes, maternity group homes, host family homes, and supervised apartments; and
"(B) services, such as information and counseling services in basic life skills, which consider the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, including topics on money management, budgeting, consumer education, use of credit, parenting skills, interpersonal skill building, educational advancement, job attainment skills, mental and physical health care, and suicide prevention services;";
(ii) in paragraph (2), by inserting "and runaway" after "to provide such shelter and such services to individual homeless";
(iii) by striking paragraph (4) and inserting the following:
"(4) that such shelter project used to carry out such project shall--
"(A) have a minimum project capacity of not fewer than 4 youth, except if there is an established minimum number of beds per individual shelter or project location;
"(B) have the capacity to accommodate not more than 20 individuals, excluding staff, within a single project, except where the applicant demonstrates that the State where the project is located has a State or local law or regulation that allows a higher maximum to comply with licensure requirements for child and youth serving projects; and
"(C) if it is a mixed project, limit runaway and homeless youth shelter beds to 20 youth per project with segregated access and programming, except where the applicant demonstrates that the State where the project is located has a State or local law or regulation that allows a higher maximum to comply with licensure requirements for child and youth serving projects;";
(iv) by striking paragraphs (6), (7), (8), and (9), and inserting the following:
"(6) to develop a written transitional living plan in partnership with each youth based on an assessment of the needs of each youth, designed to help the transition from supervised participation in such project to independent living or another appropriate living arrangement;
"(7) to develop an adequate plan to ensure proper coordination, integration, and referral of homeless youth and runaway youth, which considers the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, to the extent practicable, to--
"(A) social service;
"(B) law enforcement;
"(C) educational training, including postsecondary education;
"(D) vocational training, including services and programs for youth available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.);
"(E) welfare, including programs amended under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193);
"(F) legal service;
"(G) mental health service and health care programs;
"(H) substance use disorder treatment; and
"(I) programs providing wrap-around services to victims of trafficking and gender-based violence;
"(8) to provide for the establishment of outreach programs designed to attract individuals who are eligible to participate in the project, which may include the use of online and social media engagements;
"(9) to submit to the Secretary an annual report that includes information regarding the activities carried out with funds under this part, the achievements of the project under this part carried out by the applicant and statistical summaries describing the number, characteristics, and demographic information of the homeless youth and runaway youth who participate in such project, including the prevalence of trafficking of such youth, and the services provided to such youth by such project, in the year for which the report is submitted;";
(v) in paragraph (15), by striking "and" after the semicolon;
(vi) by striking paragraph (16) and inserting the following:
"(16) to develop an adequate emergency preparedness and management plan regarding responses to natural disasters, inclement weather, and mental health emergencies; and";
(vii) by redesignating paragraphs (3) through (5) and (6) through (16), as paragraphs (5) through (7) and (9) through (19), respectively;
(viii) by inserting after paragraph (2) the following:
"(3) to provide counseling to homeless and runaway youth and to encourage, if appropriate, the involvement in such counseling of their parents, legal guardians, or individuals identified by such youth as family;
"(4) to provide aftercare services, if possible, to homeless and runaway youth who have received shelter and services from a transitional living youth project, including, to the extent practicable, such youth who, after receiving such shelter and services, relocate to a geographic area or State other than the geographic area or State in which such project is located;";
(ix) by inserting after paragraph (7), as redesignated by clause (vii), the following:
"(8) to develop a plan to provide services, which consider the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, that address the needs of runaway, homeless, and street youth;";
(x) by adding at end the following:
"(20) to inform youth of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv), provide verification of such status for the purposes of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090), and assist the youth in completing this application at the request of the youth.";
(B) by striking subsection (b) and inserting the following:
"(b) Priority.--In selecting eligible applicants to receive grants under this part, the Secretary shall give priority to entities that have experience in providing to homeless youth shelter and services of the types described in subsection (a)(1)."; and
(C) by adding at the end the following:
"(d) Priority for Homeless Youth Less Than 22 Years of Age.--An entity that receives a grant under this part--
"(1) shall, in carrying out activities under the grant, prioritize service to homeless youth who are less than 22 years of age, but not less than 15 years of age; and
"(2) may use grant funds to serve homeless youth who are ages 22 to less than 26.".
SEC. __. NATIONAL COMMUNICATIONS SYSTEM.
Section 331 of the Runaway and Homeless Youth Act (34 U.S.C. 11231) is amended by inserting ", online, and social media" after "telephone".
SEC. __. COORDINATING, TRAINING, RESEARCH, AND OTHER
ACTIVITIES.
Part D of the Runaway and Homeless Youth Act (34 U.S.C. 11241 et seq.) is amended--
(1) in section 341--
(A) by inserting "safety, well-being," after "health,"; and
(B) in paragraph (2) by striking "other Federal entities" and inserting "the Department of Housing and Urban Development, the Department of Education, the Department of Labor, and the Department of Justice";
(2) in section 342--
(A) by inserting "5-year" after "make";
(B) by inserting "(including onsite and web-based techniques, such as on-demand and online learning)" after "training"; and
(C) by striking "carrying out" and inserting "implementing in a trauma-informed manner";
(3) in section 343(b)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking "abuse" and all that follows through the semicolon at the end and inserting "abuse, sexual assault, and trafficking;";
(ii) in subparagraph (B), by striking "abuse" and all that follows through "; and" and inserting "abuse, sexual assault, and trafficking;";
(iii) in subparagraph (C), by striking "who have been sexually victimized"; and
(iv) by adding at end the following:
"(D) best practices for identifying and providing services that consider the age, gender, and social and developmental background of an individual, and are culturally and linguistically appropriate, to the extent practicable, to--
"(i) vulnerable and underserved youth populations; and
"(ii) youth who are victims of trafficking; and
"(E) informing youth of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv), providing verification of such status for the purposes of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C.
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1090), and assisting youth in completing this application at the request of the youth;";
(B) in paragraph (9), by striking "and" after the semicolon;
(C) in paragraph (10), by striking the period at the end and inserting "; and"; and
(D) by adding at end the following:
"(11) examining the intersection between the runaway and homeless youth populations and trafficking, including noting whether such youth who are victims of trafficking were previously involved in the child welfare system or juvenile justice system.";
(4) in section 344(a)(2)(A), by striking "$100,000" and inserting "$200,000";
(5) in section 345--
(A) in subsection (a)--
(i) by striking "Not later than" and all that follows through "Homelessness" and inserting "Not later than 2 years after the date of enactment of the Runaway and Homeless Youth and Trafficking Prevention Act of 2026, and at 3-year intervals thereafter, the Secretary, acting through the Associate Commissioner of the Family and Youth Services Bureau";
(ii) in paragraph (1)--
(I) by striking "13" and inserting "12"; and (II) by striking "and" after the semicolon;
(iii) in paragraph (2), by striking the period at the end and inserting a semicolon; and
(iv) by adding at end the following:
"(3) that includes demographic information of such individuals, including youth who are victims of trafficking; and
"(4) that does not disclose the identity of any such individual."; and
(B) in subsection (b)(1)--
(i) by striking "13" and inserting "12";
(ii) in subparagraph (A), by striking "and" after the semicolon;
(iii) in subparagraph (B)--
(I) in clause (ii), by striking "; and" and inserting ", including mental health services;";
(II) in clause (iii), by striking "and" after the semicolon; and
(III) by adding at end the following:
"(iv) connections to caring adults; and
"(v) access to secondary education, higher education, and job training; and";
(iv) by redesignating subparagraph (B) as subparagraph (E); and
(v) by inserting after subparagraph (A) the following:
"(B) incidences, if any, of such individuals who--
"(i) are victims of trafficking;
"(ii) are victims of sexual exploitation; or
"(iii) were involved in the child welfare or foster care system;
"(C) demographic characteristics, including race, color, religion, national origin, sex, gender identity (as defined in section 249(c) of title 18, United States Code), sexual orientation, and disability;
"(D) statistics on youth who are or were pregnant or parenting; and".
SEC. __. SEXUAL ABUSE AND TRAFFICKING PREVENTION PROGRAM;
STREET OUTREACH PROGRAM.
Part E of the Runaway and Homeless Youth Act (34 U.S.C. 11261 et seq.) is amended by striking section 351 and inserting the following:
"SEC. 351. AUTHORITY TO MAKE GRANTS.
"(a) In General.--The Secretary shall make 5-year grants to public and nonprofit private entities, and combinations of such entities, for the purpose of providing street-based services to runaway, homeless, and street youth who have been subjected to, or are at risk of being subjected to, sexual abuse or trafficking. The Secretary shall award such grants not later than 90 days before the start date of the grant and establish an appeal process for grantees.
"(b) Priority.--In selecting applicants to receive grants under subsection (a), the Secretary shall give priority to public and nonprofit private entities that have experience in providing services to runaway, homeless, and street youth.
"(c) Eligibility Requirements.--To be eligible to receive a grant under subsection (a), an applicant shall certify to the Secretary that such applicant has expertise in serving runaway, homeless, and street youth and has systems in place to ensure that such applicant can provide services that consider the age, gender, and social and developmental background of youth described in subsection (a), and are culturally and linguistically appropriate.".
SEC. __. GENERAL PROVISIONS.
Part F of the Runaway and Homeless Youth Act (34 U.S.C. 11271 et seq.) is amended--
(1) in the heading, by striking "part f" and inserting "part g";
(2) in section 381--
(A) in subsection (a)(3), by striking "facility" and inserting "center or project"; and
(B) in subsection (b)(1), by striking "facility" both places it appears and inserting "center or project";
(3) in section 382(a)--
(A) by striking "2000" and inserting "2026";
(B) by striking "the Workforce" and inserting "Workforce";
(C) in paragraph (1)--
(i) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and
(ii) by inserting after subparagraph (A) the following:
"(B) identifying youth who are victims of trafficking;"; and
(D) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the following:
"(A) the number and characteristics of youth served by such projects, including such youth who--
"(i) are victims of trafficking;
"(ii) are pregnant or parenting;
"(iii) have been involved in the child welfare system; or
"(iv) have been involved in the juvenile or adult criminal justice system, the incarceration system, or legal proceedings related to such systems;"; and
(ii) by striking subparagraph (F) and inserting the following:
"(F) the ability of such projects to encourage the resolution of problems within the family, including with individuals identified by such youth as family, through counseling and development of self-sufficient living skills; and";
(4) in section 383(a) by striking "facility's budget" and inserting "budget of the center or project";
(5) in section 384, by adding at the end the following: "Grantees are encouraged to share data with other programs and systems, without identifying individual youth in any shared records, to improve coordination and maximize the use of resources.";
(6) by inserting after section 384 the following:
"SEC. 384A. ADMINISTRATION AND ENFORCEMENT.
"(a) In General.--The Secretary, acting through the Associate Commissioner of the Family and Youth Services Bureau, may waive any provision under this title for a period of not more than 3 years, unless an extension is granted under subsection (f), if--
"(1) a potential grantee requests a waiver that describes 1 or more conflicting or duplicative requirements or circumstances that prevent the effective delivery of services to runaway and homeless youth, such as an extraordinary circumstance, natural disaster, public health emergency, or financial crisis;
"(2) the Secretary determines that the waiver will, by itself, contribute to or enhance the ability of the grantee to carry out the purposes of this title; and
"(3) the Secretary determines that the waiver will not be inconsistent with the objectives of this title.
"(b) Contents.--A request made under subsection (a) shall be provided to the Secretary in writing and shall--
"(1) detail each provision within this title for which the grantee seeks relief;
"(2) describe how a waiver from such provision will, by itself, improve delivery of services to runaway and homeless youth; and
"(3) certify that the health, safety, and well-being of runaway and homeless youth served through assistance received under this title will not be compromised as a result of the waiver.
"(c) Notification of Approval or Disapproval.--
"(1) In general.--Not later than 30 days after the receipt of a waiver request made under subsection (a), the Secretary shall inform the grantee of approval or disapproval of the request.
"(2) Disapproval.--If the request is disapproved, the Secretary shall inform the grantee, the Committee on the Judiciary of the Senate, and the Committee on Education and Workforce of the House of Representatives of the reasons for the disapproval and give the grantee the opportunity to amend the request or appeal the decision.
"(3) Approval.--If the request is approved, the Secretary shall grant a waiver and, not later than 30 days after granting such waiver, notify and submit a report to the Committee on the Judiciary of the Senate, and the Committee on Education and Workforce of the House of Representatives that describes--
"(A) each specific provision waived;
"(B) the reason given by the grantee for the need for a waiver; and
"(C) the expected impact of the waiver on youth served under this program.
"(d) External Conditions.--The Secretary shall not require or impose any new or additional requirements in exchange for receipt of a waiver if such requirements are not specified in this title.
"(e) Termination.--The Secretary shall terminate approval of a request for a waiver authorized under this section if the Secretary determines, after notice and opportunity for a hearing, that the performance of a grantee who was granted relief under this section has been inadequate, or if such relief is no longer necessary to achieve its original purposes.
"(f) Waiver Extension.--
"(1) In general.--The Secretary may grant an extension to an existing waiver authorized under this section for a period of not more than 1 year upon a request for a waiver extension from the grantee.
"(2) Extension request.--A request for a waiver extension described under paragraph (1) shall be submitted to the Secretary not later than 30 days before the expiration date of the existing waiver, and shall re-certify the provisions in subsection (b) and explain the need for additional time of relief from such provisions provided in this title.
"(g) Restrictions.--Nothing in this title shall be construed as authorizing the Secretary to permit a grantee to alter the eligibility requirements for eligible youth. Nothing in this section shall be construed as authorizing the Secretary to waive anything related to the Secretary's authority under this title.";
(7) in section 386(a)--
(A) by striking "3 consecutive" and inserting "5 consecutive" both places it appears;
(B) by inserting ", acting through the Associate Commissioner of the Family and Youth Services Bureau," after "Secretary"; and
(C) by inserting " or virtually when appropriate," after "on-site,";
(8) in section 386A--
(A) in subsection (a)--
(i) by striking "Reconnecting Homeless Youth Act of 2008" and inserting "Runaway and Homeless Youth and Trafficking Prevention Act of 2026"; and
(ii) by inserting "371," after "sections"; and
(B) in subsection (c), by inserting "371," after "sections";
(9) in section 387--
(A) by redesignating paragraphs (1), (4), (5), (6), (7), and (8), as paragraphs (9), (6), (7), (8), (11), and (13), respectively;
(B) by inserting before paragraph (2) the following:
"(1) Culturally and linguistically appropriate.--The term `culturally and linguistically appropriate', with respect to services, has the meaning given the term `culturally and linguistically appropriate services' in the `National Standards for Culturally and Linguistically Appropriate Services in Health and Health Care', issued in April 2013, by the Office of Minority Health of the Department of Health and Human Services.";
(C) in paragraph (3)(A)--
(i) in clause (i), by striking "21" and inserting "26"; and
(ii) by striking clause (ii) and inserting the following:
"(ii) for the purposes of part B, not less than 15 years of age but less than 26 years of age, subject to section 322(d);";
(D) by inserting after paragraph (3) the following:
"(4) Mixed projects.--The term `mixed projects' means a building, structure, or campus that may house multiple programs serving youth under the age of 26.
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Any of these programs may be funded as authorized under this Act as well as funded by other entities, including private, public, and other government funding.
"(5) Prevention services.--The term `prevention services' means services to prevent youth from becoming runaway, homeless, or street youth and may include--
"(A) individual, family, group, and peer counseling;
"(B) family mediation;
"(C) assessing the strengths, vulnerabilities, and needs of youth;
"(D) connecting youth to public services and housing options;
"(E) emergency respite care for clients within the allowable age range of the underlying grant award, including care that provides parents and other caregivers with emergency services and temporary shelter that offer relief;
"(F) connecting youth to education and employment programs;
"(G) case management and resource navigation; and
"(H) activities to improve access to local mental health and substance use treatment and prevention.";
(E) in paragraph (7)(B), as redesignated by subparagraph (A)--
(i) in clause (i), by inserting ", including the use of online methods of engagement, as appropriate, based on the needs of the community and population served" after "street youth"; and
(ii) by striking clause (v) and inserting the following:
"(v) advocacy, education, and prevention services related to--
"(I) substance use disorder;
"(II) trafficking;
"(III) sexually transmitted infections, including human immunodeficiency virus;
"(IV) violence, including physical assault, sexual assault, domestic violence, and gender-based violence; and
"(V) suicide.";
(F) in paragraph (8)(B), as redesignated by subparagraph (A), by striking "prostitution, or drug abuse" and inserting "trafficking, or substance use disorder";
(G) in paragraph (9), as redesignated by subparagraph (A), by striking the paragraph (9) enumerator and all that follows through "services'--", and inserting the following:
"(9) Substance use disorder education and prevention services.--The term `substance use disorder education and prevention services'--";
(H) by inserting after paragraph (9), as redesignated by subparagraph (A), the following:
"(10) Trafficking.--The term `trafficking' has the meaning given the terms `severe forms of trafficking in persons' and `sex trafficking' in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).";
(I) in paragraph (11), as redesignated by subparagraph (A), by inserting ", to establish family or community supports," after "self-sufficient living";
(J) by inserting after paragraph (11), as redesignated by subparagraph (A), the following:
"(12) Trauma-informed.--The term `trauma-informed' has the meaning given the term in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11103)."; and
(K) in paragraph (13)(B), as redesignated by subparagraph (A)--
(i) in clause (ii)--
(I) by inserting "or able" after "willing"; and (II) by striking "or" after the semicolon;
(ii) in clause (iii), by striking the period at the end and inserting "; or"; and
(iii) by adding at end the following:
"(iv) who is involved in the child welfare system, juvenile justice system, or criminal justice system, but who is not being housed by any such system.".
SEC. __. PREVENTION SERVICES.
The Runaway and Homeless Youth Act (34 U.S.C. 11201 et seq.) is amended by inserting after part E the following:
"SEC. 371. AUTHORITY TO MAKE GRANTS.
"(a) In General.--The Secretary is authorized to make 5-year grants to an eligible entity, as described under subsection (c), that applies for an optional, additional prevention services grant. Any funds provided under this part are in addition to other funds grantees receive under other parts in this title.
"(b) Priority.--In selecting grantees to receive grants under subsection (a), the Secretary shall give priority to eligible entities that are--
"(1) public entities and nonprofit, private entities that have experience in providing services to runaway, homeless, and street youth, and youth at risk of separation from the family; and
"(2) public entities and nonprofit, private entities that request prevention services grants of not more than $75,000 per year.
"(c) Eligibility Requirements.--To be eligible to receive a grant under subsection (a)--
"(1) the potential grantee shall--
"(A) be a successful basic center program or transitional living program, which may include a program that operates a maternity group home, that wants to establish, strengthen, or provide prevention services for youth at risk of homelessness and youth at risk of running away; and
"(B) submit to the Secretary a plan agreeing, as part of such program, to provide prevention services; and
"(2) the potential grantee shall certify to the Secretary that such grantee has systems in place to provide services to youth described in subsection (a) that consider the age, gender, and social and developmental background of such youth, and are culturally and linguistically appropriate.".
SEC. __. AUTHORIZATION OF APPROPRIATIONS.
Section 388(a) of the Runaway and Homeless Youth Act (34 U.S.C. 11280(a)) is amended to read as follows:
"(a) In General.--
"(1) Authorization.--There are authorized to be appropriated to carry out this title (other than parts E and F) $200,000,000 for fiscal year 2027, and such sums as may be necessary for each of fiscal years 2028 through 2031.
"(2) Allocation.--
"(A) Parts a and b.--From the amount appropriated under paragraph (1) for a fiscal year, the Secretary shall reserve not less than 90 percent to carry out parts A and B.
"(B) Part b.--Of the amount reserved under subparagraph (A), 45 percent and, in those fiscal years in which continuation grant obligations and the quality and number of applicants for parts A and B warrant not more than 55 percent, shall be reserved to carry out part B.
"(3) Parts c and d.--
"(A) In general.--In each fiscal year, after reserving the amounts required by paragraph (2), the Secretary shall use the remaining amount (if any) to carry out parts C and D (other than section 345).
"(B) Periodic estimate.--Of the amount authorized to be appropriated under paragraph (1), $2,000,000 shall be made available to carry out section 345 for each of fiscal years 2027, 2029, and 2031.
"(4) Part e.--There are authorized to be appropriated to carry out part E $50,000,000 for fiscal year 2027, and such sums as may be necessary for each of fiscal years 2028 through 2031.
"(5) Part f.--There are authorized to be appropriated to carry out part F $67,500,000 for fiscal year 2027, and such sums as may be necessary for each of fiscal years 2028 through 2031.".
SEC. __. APPROVAL OF APPLICATION.
The Runaway and Homeless Youth Act (34 U.S.C. 11201 et seq.) is amended by adding at end the following:
"SEC. 390. APPROVAL OF APPLICATIONS.
"(a) In General.--An application by a public or private nonprofit entity for a grant under section 311, 321, or 351, may be approved by the Secretary for an amount for a fiscal year that is--
"(1) not less than $225,000 and not more than $275,000 if the amount appropriated to carry out this title (other than parts E and F) for the fiscal year is equal to or greater than $200,000,000; or
"(2) not less than $200,000 and not more than $250,000 if the amount appropriated to carry out this title (other than parts E and F) for the fiscal year is less than $200,000,000.
"(b) Priority.--In selecting applications for grants under sections 311, 321, and 351, the Secretary shall give priority to eligible grantees who have demonstrated experience in providing services to runaway and homeless youth.".
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SA 6165. Ms. HIRONO 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:
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At the appropriate place in title VII, insert the following:
SEC. 7__. INCLUSION OF COMPREHENSIVE CONTRACEPTIVE COUNSELING
IN HEALTH ASSESSMENT FORMS.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall--
(1) revise the periodic health assessment form of the Department of Defense (Department of Defense Form 3024) to include the information specified in subsection (b); and
(2) revise the pre-deployment health assessment form of the Department (Department of Defense Form 2795)--
(A) to allow members of the Armed Forces to indicate they would like comprehensive contraceptive counseling; and
(B) to include the information specified in subsection (b).
(b) Information Specified.--The information specified in this subsection is the following:
(1) An explanation of patient-centered contraceptive counseling as recommended by the American College of Obstetricians and Gynecologists, including by incorporating any clinical guidance on contraceptive counseling set forth by the American College of Obstetricians and Gynecologists.
(2) A description of the full range of contraceptive methods, including any contraceptive drug, device, or biological product approved, cleared, authorized, or licensed by the Food and Drug Administration under section 505, 510(k), 513(f)(2), 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e, 360bbb-3) or section 351 of the Public Health Service Act (42 U.S.C. 262)).
(3) Such other information relating to contraceptive counseling as the Secretary of Defense determines appropriate.
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SA 6166. Ms. WARREN 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:
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After section 1051, insert the following:
SEC. 1051A. PROHIBITION ON EQUITY INVESTMENTS FOR ENTITIES IN
WHICH CERTAIN SENIOR GOVERNMENT OFFICIALS HOLD
A SIGNIFICANT INTEREST.
Subsection (h) of section 149 of title 10, United States Code, as amended by section 1051, is further amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following new paragraph (9):
"(9) Prohibition on equity investments for certain entities.--
"(A) In general.--Notwithstanding any other provision of this section or any other provision of law, a covered entity is not eligible for an equity investment under this subsection.
"(B) Definitions.--In this paragraph:
"(i) Covered entity.--The term `covered entity' means an entity in which a covered individual directly or indirectly holds a significant interest. For the purpose of determining whether an entity is a covered entity, if securities of the entity are owned, controlled, or held by 2 or more individuals who are related as described in clause (ii), such securities shall be aggregated.
"(ii) Covered individual.--The term `covered individual' means--
"(I) the President, the Vice President, or any other individual designated by the President as having Cabinet-level status;
"(II) the spouse, child, son-in-law, or daughter-in-law of an individual described in subclause (I); or
"(III) any officer or employee of the executive branch, including a special Government employee (as defined in section 202 of title 18), who participates in the consideration, negotiation, approval, or administration of equity investments under this subsection.
"(iii) Equity interest.--The term `equity interest' means--
"(I) a share in an entity (including a partnership), without regard to whether the share is--
"(aa) transferable; or "(bb) classified as stock or anything similar;
"(II) a capital or profit interest in a limited liability company or partnership;
"(III) a capital or profit interest in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund; or
"(IV) a warrant or right (other than a right to convert) to purchase, sell, or subscribe to a share or interest described in subclause (I), (II), or (III).
"(iv) De minimis interest.--The term `de minimis interest' means an equity interest in an entity that--
"(I) does not exceed $15,000;
"(II) is purchased and owned only through an open-end company that is a diversified company (as those terms are defined in section 5 of the Investment Company Act of 1940 (15 U.S.C. 80a-5)) and that--
"(aa) is registered with the Securities and Exchange Commission; and
"(bb) does not concentrate its holdings in any sector or through any other investment vehicle that is exempt from section 208 of title 18 as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027; or
"(III) is purchased and owned as part of a widely diversified employee benefit plan or a pension established and maintained by a Federal, State, or local government.
"(v) Significant interest.--The term `significant interest', with respect to an entity, means owning, controlling, or holding any equity interest, other than a de minimis interest, in the entity.".
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SA 6167. Ms. WARREN 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:
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At the appropriate place in title X, insert the following:
SEC. 10__. ASSESSMENT OF ADDITIONAL TECHNOLOGY CATEGORIES FOR
OUTBOUND INVESTMENT NOTIFICATIONS.
(a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the addition of the technology
categories described in subsection (b) to the lists of notifiable technologies and prohibited technologies in accordance with paragraphs (7)(B)(ii) and (10)(B)(ii), respectively, of section 809 of the Defense Production Act of 1950 (50 U.S.C. 4589).
(b) Technology Categories Described.--The technology categories described in this subsection are the following:
(1) Advanced energy storage technologies.
(2) Robotics.
(3) Biotechnology.
(c) Elements.--The report required by subsection (a) shall include, for each technology category described in subsection (b), an assessment of--
(1) the extent to which the technology category, or any subset of the category, enables the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern;
(2) the feasibility of defining technical parameters for the technology category or any subset of the category; and
(3) the extent to which the technology category, or any subset of the category, is already covered by paragraph (7)(A) or (10)(A) of section 809 of the Defense Production Act of 1950 (50 U.S.C. 4589).
(d) Definitions.--In this section, the terms "appropriate congressional committees" and "country of concern" have the meanings given those terms in section 809 of the Defense Production Act of 1950 (50 U.S.C. 4589).
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SA 6168. Ms. WARREN 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:
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At the end of division A, add the following:
SEC. 1701. SHORT TITLE.
This title may be cited as the "Improving Export Enforcement Act of 2026".
SEC. 1702. REQUIREMENT TO MAINTAIN EXPORT COMPLIANCE PROGRAM.
Section 1760(a)(2) of the Export Control Reform Act of 2018 (50 U.S.C. 4819(a)(2)) is amended by adding at the end the following:
"(K) No person may fail to establish, maintain, or enforce an export compliance program required of that person by the Export Administration Regulations, or any order, license, or authorization issued thereunder.".
SEC. 1703. EXPORT COMPLIANCE PROGRAMS.
(a) In General.--The Secretary of Commerce may prescribe regulations requiring persons engaging in covered export activities to establish, maintain, and enforce export compliance programs.
(b) Elements.--The Secretary may require, in regulations prescribed under subsection (a), that an export compliance program include--
(1) the development of internal policies, procedures, and controls with respect to compliance with export controls;
(2) a risk assessment and export authorization process, including screening and resolution of abnormal circumstances that indicate that an item may be destined for an unauthorized end-use, end-user, or destination;
(3) the designation of an export compliance officer or individual responsible for administering the program;
(4) a program for providing ongoing training to employees with respect to compliance with export controls; and
(5) an audit function to test the program.
(c) Definitions.--In this section:
(1) Covered export activities.--The term "covered export activities" includes, at a minimum, activities subject to the Export Administration Regulations, or any order, license, or authorization issued thereunder, that involve--
(A) items that the Secretary determines present a heightened risk of diversion, evasion, unauthorized export, unauthorized reexport, or unauthorized in-country transfer;
(B) destinations that the Secretary determines present a heightened risk of diversion, evasion, unauthorized export, unauthorized reexport, or unauthorized in-country transfer; and
(C) high-volume exports, reexports, or in-country transfers of advanced computing integrated circuits, computers, electronic assemblies, or related products classified under Export Control Classification Numbers 3A090, 4A090, related .z numbers, or any functionally equivalent item.
(2) Export administration regulations; export; in-country transfer; item; reexport.--The terms "Export Administration Regulations", "export", "in-country transfer", "item", and "reexport" have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
SEC. 1704. APPLICABILITY.
This title, and the amendments made by this title, 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 that Act, committed on or after the date of the enactment of this Act.
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SA 6169. Mrs. SHAHEEN 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:
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At the appropriate place, insert the following:
SEC. __. STATE TRADE EXPANSION PROGRAM.
(a) Application Requirements.--Section 22(l)(3) of the Small Business Act (15 U.S.C. 649(l)(3)) is amended--
(1) in subparagraph (D)--
(A) in clause (i), by inserting ", including a budget plan for use of funds awarded under this subsection" before the period at the end; and
(B) by adding at the end the following:
"(iii) Timing.--The Associate Administrator shall--
"(I) publish information on how to apply for a grant under this subsection, including specific calculations and other determinations used to award such a grant, not later than March 31 of each year;
"(II) establish a deadline for the submission of applications that is--
"(aa) not earlier than 60 days after the date on which the information is published under subclause (I); and
"(bb) not later than--
"(AA) May 31 of each year; or
"(BB) in the event that full-year appropriations for the program for a fiscal year have not been enacted as of February 1 of such fiscal year, 120 days after full-year appropriations are enacted; and
"(III) announce grant recipients not later than--
"(aa) September 30 of each year; or
"(bb) in the event that full-year appropriations for the program for a fiscal year have not been enacted as of February 1 of such fiscal year, 210 days after full-year appropriations are enacted.
"(iv) Application streamlining.--The Associate Administrator shall establish a concise application for grants under the program that shall--
"(I) encompass all necessary information; and
"(II) to the extent feasible, use forms common to other Federal trade programs and reduce unnecessary or duplicative materials."; and
(2) by adding at the end the following:
"(E) Application information.--The Associate Administrator shall clearly communicate to applicants and grant recipients any information about the State Trade Expansion Program, including--
"(i) for each unsuccessful applicant for a grant awarded under this subsection, recommendations to improve a subsequent application for such a grant;
"(ii) for each successful applicant for such a grant, an explanation for the amount awarded, if significantly different from the amount requested in the application; and
"(iii) a website, which shall be maintained and linked to from the primary website for the program, that includes the most up-to-date information about program requirements, eligible expenditures, and procedures.
"(F) Budget plan revisions.--
"(i) In general.--A State receiving a grant under this subsection may revise the budget plan of the State submitted under subparagraph (D) after the disbursal of grant funds if--
"(I) the revision complies with allowable uses of grant funds under this subsection; and
"(II) such State submits notification of the revision to the Associate Administrator.
"(ii) Exception.--If a revision under clause (i) reallocates 10 percent or more of the amounts described in the budget plan of the State submitted under subparagraph (D), the State may not implement the revised budget plan without the approval of the Associate Administrator, unless the Associate Administrator fails to approve or deny the revised plan within 30 calendar days after receipt of such revised plan.".
(b) Survey.--Section 22(l) of the Small Business Act (15 U.S.C. 649(l)) is amended--
(1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and
(2) by inserting after paragraph (6) the following:
"(7) Survey.--The Associate Administrator shall conduct an annual survey of each State that received a grant under this subsection during the preceding year to solicit feedback on the program and develop best practices for grantees.".
(c) Reports.--Paragraph (8) of section 22(l) of the Small Business Act (15 U.S.C. 649(l)), as so redesignated by subsection (b), is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) in subclause (I), by inserting ", as well as the timing of applications and award announcements" before the semicolon at the end;
(ii) in subclause (III), by inserting ", including the total number of eligible small business concerns assisted by the program (disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns)" before the semicolon at the end;
(iii) in subclause (IV), by striking "and" at the end;
(iv) in subclause (V)--
(I) by striking "description of best practices" and inserting "detailed description of best practices"; and
(II) by striking the period at the end and inserting a semicolon; and
(v) by adding at the end the following:
"(VI) an analysis of the performance metrics described in clause (iii), including a determination of whether or not any goals relating to such performance metrics were met, and an analysis of the survey described in paragraph (7); and
"(VII) a description of lessons learned by grant recipients under this subsection that may apply to other assistance provided by the Administration."; and
(B) by adding at the end the following:
"(iii) Performance metrics.--Annually, the Associate Administrator shall collect data on eligible small business concerns assisted by the program for the following performance metrics:
"(I) Total number of such concerns, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns.
"(II) Total dollar amount of export sales by eligible small business concerns assisted by the program.
"(III) Number of such concerns that have not previously participated in an activity described in paragraph (2).
"(IV) Number of such concerns that, because of participation in the program, have accessed a new market.
"(V) Number of such concerns that, because of participation in the program, have created new jobs.
"(VI) Number of such concerns participating in foreign trade missions or trade show exhibitions, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns."; and
(2) by adding at the end the following:
"(C) Reporting by recipients; processing of reimbursements.--
"(i) In general.--The Associate Administrator shall establish for recipients of grants under the program a reporting process, template, or spreadsheet format to report information regarding the program that reduces duplicative or unnecessary reporting requirements, except as needed to report congressionally required key performance indicators, make funding decisions, or conduct necessary oversight of the program.
"(ii) Processing of reimbursement requests.--The Associate Administrator shall--
"(I) process information submitted by a State, territory, or commonwealth for purposes of obtaining reimbursement for eligible activities in a timely manner;
"(II) notify a State, territory, or commonwealth if such information is not processed on or before the date that is 21 days after the date such information is submitted; and
"(III) provide an estimated completion timeline with any notification under subclause (II)
"(D) Monthly obligations.--Not later than 30 days after the date of enactment of this subparagraph, and every month thereafter, the Administration shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a monthly obligations report that includes information on obligations of funding under the program, which shall include--
"(i) the Treasury Account Symbols;
"(ii) the period of availability;
"(iii) the unobligated balance for the program at the beginning of the month;
"(iv) monthly realized recoveries or recaptures;
"(v) monthly obligations;
"(vi) a comparison of the obligations incurred in the period covered by the report to the obligations incurred in the same period in the 2 prior fiscal years; and
"(vii) the resulting unobligated balances at the end of the month.".
(d) Expansion of Definition of Eligible Small Business Concern.--
(1) In general.--Section 22(l)(1)(A) of the Small Business Act (15 U.S.C. 649(l)(1)(A)) is amended--
(A) in clause (iii)(II), by adding "and" at the end;
(B) by striking clause (iv); and
(C) by redesignating clause (v) as clause (iv).
(2) Limitation on use of funds for participation in foreign trade missions.--Section 22(l)(2)(A) of the Small Business Act (15 U.S.C. 649(l)(2)(A)) is amended by inserting "by eligible small business concerns that have been in operation for not less than 1 year" after "trade missions".
(e) Authorization of Appropriations.--Paragraph (10) of section 22(l) of the Small Business Act (15 U.S.C. 649(l)), as so redesignated by subsection (b), is amended by striking "fiscal years 2016 through 2020" and inserting "fiscal years 2027 through 2031".
(f) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Associate Administrator for International Trade of the Small Business Administration shall submit to Congress a report on the State Trade Expansion Program established under section 22(l) of the Small Business Act (15 U.S.C. 649(l)), as amended by this section, that includes a description of--
(1) the process developed for review of revised budget plans submitted under subparagraph (F) of section 22(l)(3) of the Small Business Act (15 U.S.C. 649(l)(3)), as added by this section;
(2) the process through which the Small Business Administration selects and funds grantees and the criteria used by the Administration in making such decisions;
(3) any changes made to streamline the application and reporting processes to remove duplicative requirements and create a more transparent process;
(4) the process developed to share best practices by States described in paragraph (8)(B)(i)(V) of section 22(l) of the Small Business Act (15 U.S.C. 649(l)), as so redesignated by this section, particularly for first-time grant recipients under the State Trade Expansion Program or grant recipients that are facing problems using grant funds; and
(5) the process developed to communicate, both verbally and in writing, relevant information about the State Trade Expansion Program to all grant recipients in a timely manner.
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SA 6170. Mrs. SHAHEEN (for herself, Mr. Young, Ms. Cortez Masto, Mr. Rounds, Ms. Slotkin, Mr. Justice, and Mr. King) 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:
Text printed in the Record (9,583 characters)
At the end of division A, add the following:
SEC. 1701. SHORT TITLE.
This title may be cited as the "Securing Essential and Critical U.S. Resources and Elements Minerals Act of 2026" or the "SECURE Minerals Act of 2026".
SEC. 1702. FINDINGS.
Congress finds that--
(1) critical minerals and materials are essential to the ongoing economic and national security of the United States, playing a vital role in the manufacturing, transportation, medical, technology, defense, and energy sectors;
(2) the global demand for critical minerals and materials has been rapidly increasing due to advancements in technology, whether defense, dual-use, or commercial, and the increasing adoption of renewable energy sources and next-generation automotive systems, all of which rely heavily on critical minerals and materials for the production of batteries, solar panels, wind turbines, high-speed computing, advanced magnetic systems, and other high-tech applications;
(3) the People's Republic of China--
(A) currently controls a significant portion of the global supply chain for critical minerals and materials through extensive mining, integrated midstream operations, significant domestic subsidies and incentives, and strategic investments in resource-rich countries, dominating the global market infrastructure for critical minerals and materials and enhancing the ability of the People's Republic of China to manipulate pricing to the detriment of competitors;
(B) centrally controls its dominant market share across multiple critical mineral vertical markets, preventing fair competition and hindering the ability of United States firms and firms in partner countries to innovate and scale production;
(C) predatorily leverages its position as sponsor or consumer, as applicable, over mining projects globally, resulting in a dearth of feedstocks to the great detriment of downstream industries, regions, and countries, including the United States;
(D) operates integrated supply chains that are subservient to the Chinese state and are calibrated to weaponize influence over prices and volumes in the contest for access to critical minerals and materials, as well as the end-use components and applications produced from critical minerals and materials; and
(E) acts to undercut efforts in the United States and partner countries to develop alternative sources of supply;
(4) producers of critical minerals and materials in the United States often face artificially low prices set by supply chains controlled by the People's Republic of China, discouraging private investment in domestic extraction and processing;
(5) the lack of transparent, competitive, and market-driven pricing mechanisms for critical minerals and materials outside of the People's Republic of China compounds market problems, creating systemic risk and limiting the viability of an independent supply chain for critical minerals and materials in the United States;
(6) the United States is heavily reliant on imports for many of the most critical minerals and materials, including rare earth elements, making the United States vulnerable to supply disruptions, geopolitical tensions, and economic manipulation by countries that dominate the market, specifically the People's Republic of China;
(7) the vulnerabilities to the United States defense industrial base posed by reliance on imports of critical minerals and materials are significant, and given the long lead times for investments in both mining and processing of critical minerals, domestic critical
minerals production projects are particularly susceptible to price shocks induced by the People's Republic of China, which can depress critical mineral prices for an extended period;
(8) increasing domestic primary feedstock production, processing, conversion, recycling, reuse, and repurposing to advanced materials and products, as well as increasing alternative market supply in partner countries, are imperative to reduce the impact of market manipulation by foreign state actors, such as the People's Republic of China;
(9) the United States must ensure that a stable and secure supply chain of essential resources is available to our domestic innovation and manufacturing ecosystems;
(10) sustainable and responsible corporate behavior in the direct operations of companies and across their global value chains is important to ensuring a resilient domestic critical minerals supply;
(11) investments in domestic extraction and processing infrastructure, as well as reuse, repurposing, and recycling, are necessary to build a resilient and diversified supply chain for critical minerals and materials, supporting the economic growth and national security interests of the United States; and
(12) government support to develop and ensure the integrity of Western and partner country markets for critical minerals and materials as a countermeasure against the anti-competitive tactics of the People's Republic of China and the supply chain co-collaborators of the People's Republic of China will fill the most acute strategic gap, which cannot be otherwise achieved by private industry participants acting alone.
SEC. 1703. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(B) the Committee on Agriculture of the House of Representatives;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Armed Services of the House of Representatives;
(E) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(F) the Committee on Financial Services of the House of Representatives;
(G) the Committee on Commerce, Science, and Transportation of the Senate;
(H) the Committee on Energy and Commerce of the House of Representatives;
(I) the Committee on Energy and Natural Resources of the Senate;
(J) the Committee on Natural Resources of the House of Representatives;
(K) the Committee on Foreign Relations of the Senate; and
(L) the Committee on Foreign Affairs of the House of Representatives.
(2) Authorized intermediary.--The term "authorized intermediary" means an entity that--
(A) is a private entity;
(B) has expertise in more than 1 critical mineral or material;
(C) has expertise in commodities trading, market making, capital management, or finance;
(D) does not have any management influenced by a foreign entity of concern or a citizen of a covered country, including any entities affiliated with the private entity or the ownership of the private entity;
(E) is not owned, controlled, directed, financed, or otherwise influenced, directly or indirectly, in whole or in any part greater than 25 percent, by a foreign entity of concern, a citizen of a covered country, or the government of a covered country; and
(F) has been approved to be an authorized intermediary by the Board.
(3) Board.--The term "Board" means the board of governors of the Reserve established by section 1705(a).
(4) Chairperson.--The term "Chairperson" means the Chairperson of the Board.
(5) Covered country.--The term "covered country" means a country that--
(A) is a covered nation (as defined in section 4872(f) of title 10, United States Code); or
(B) 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.
(6) Critical mineral or material.--The term "critical mineral or material" means mineral or material included in the list of eligible critical minerals and materials established by the Reserve under section 1708(a).
(7) Dependence rate.--The term "dependence rate" means the percentage of domestic end-use consumption of a critical mineral or material that is supplied by production by a foreign entity of concern or in a covered country, in aggregate.
(8) Foreign entity of concern.--The term "foreign entity of concern" means a foreign entity that--
(A) meets the requirements described in subparagraphs (A), (B), (D), or (E) of section 10638(3) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19237(3)); or
(B)(i) is owned, controlled, directed, financed, or otherwise influenced, directly or indirectly, in whole or in any part greater than 25 percent, by the government of a foreign country that is a covered country; or
(ii) is otherwise subject to the jurisdiction or direction of a government of a covered country;
(9) Indirect financial interest.--
(A) In general.--The term "indirect financial interest", with respect to a person, means a financial interest--
(i) that is not directly held by that person; and
(ii) from which that person benefits.
(B) Benefits.--For the purposes of subparagraph (A)(ii), in addition to any other benefit, a person shall be considered to benefit from a financial interest if the financial interest is held by--
(i) a spouse, child, or dependent of that person; or
(ii) a close family member or other individual having a close relationship with, and residing in the home of, that person.
(10) Inspector general.--The term "Inspector General" means the Inspector General of the Reserve.
(11) Partner country.--The term "partner country" means--
(A) a member country of the North Atlantic Treaty Organization;
(B) a country that has been designated as a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C.
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2321k); or
(C) a foreign country, including any market or any producer in a foreign country--
(i) with which the United States has entered into a mutual defense treaty or other mutual defense agreement, but not including Venezuela;
(ii) that is recognized by the Secretary of State and the Secretary of Defense as a strategic partner due to an established bilateral agreement that emphasizes mutual interests in security, defense, and critical mineral supply chains, including countries designated under United States strategic frameworks and agreements;
(iii) with which the United States has entered into a comprehensive economic and trade agreement that includes provisions for the collaboration on critical mineral resources and to safeguard supply chains critical to national security and economic stability;
(iv) with which the United States Geological Survey has in effect a memorandum of understanding concerning scientific and technical cooperation in earth sciences, unless that country is a covered country; or
(v) with which the Department of State, the United States International Development Finance Corporation, the Export-Import Bank of the United States, or the United States Trade and Development Agency is working to advance an active critical mineral project.
(12) Production rate.--The term "production rate" means the percentage of domestic end-use consumption of a critical mineral or material that is supplied by domestic and partner country production in aggregate.
(13) Purposes of the reserve.--The term "purposes of the Reserve" means the purposes of the Reserve described in section 1704(b).
(14) Recycle.--The term "recycle" means an action or process to convert a critical mineral or material contained within a finished or semi-finished product into a form suitable for repurposing or reuse of the critical mineral or material.
(15) Repurpose.--The term "repurpose" means any operation that results, in whole or in part, in a critical mineral or material being used for a different purpose or application than the purpose or application for which the critical mineral or material, or the product into which the critical mineral or material is manufactured into, was originally intended.
(16) Reserve.--The term "Reserve" means the Strategic Resilience Reserve Corporation of the United States established by section 1704(a)(1).
(17) Reuse.--The term "reuse" means the complete or partial direct use of a critical mineral or material after use for the original purposes for which the critical mineral or material was intended.
(18) Vice-chairperson.--The term "Vice-chairperson" means the Vice-chairperson of the Board.
SEC. 1704. ESTABLISHMENT.
(a) Entity Formation.--
(1) In general.--There is established a wholly owned government corporation, to be known as the "Strategic Resilience Reserve Corporation of the United States".
(2) Conforming amendment.--Section 9101(3) of title 31, United States Code, is amended by adding at the end the following:
"(Q) the Strategic Resilience Reserve Corporation of the United States.".
(b) Purposes.--The purposes of the Reserve are--
(1) to support a free, fair, and competitive market for critical minerals and materials in which domestic and partner country producers and processors can compete and innovate;
(2) to support domestic and partner country production, extraction, processing, refining, reuse, repurposing, and recycling of, and capabilities and infrastructure with respect to, critical minerals and materials;
(3) to support and protect stable and economically sustainable prices of critical minerals and materials, including price levels consistent with competitive market economies and reliable supply;
(4) to support responsible production of critical minerals and materials with respect
to standards for transparency, environmental, and labor practices, and to ensure a competitive market for producers meeting those standards;
(5) to assist in maintaining balanced and adequate supplies of critical minerals and materials to the United States, as determined by the Board;
(6) to the maximum extent practicable, to ensure that, at each stage of the supply chain--
(A) the production rate of each critical mineral or material is equal to or greater than a percentage determined to be reasonable by the Board, in coordination with appropriate Federal agencies, but not less than 25 percent; and
(B) the dependence rate for each critical mineral or material is equal to or less than a percentage determined to be reasonable by the Board, in coordination with appropriate Federal agencies, but not more than 75 percent;
(7) to prioritize--
(A) domestic projects and supply chains, including processing capacity, for critical minerals and materials;
(B) projects that--
(i) recycle, reuse, or repurpose critical minerals or materials; or
(ii) extract or produce critical minerals or materials from mine or industrial waste, including mining tailings, industrial waste, or non-conventional waste streams; and
(C) projects for critical minerals or materials the dependence rate of which is 100 percent; and
(8) to ensure the efficient use of government funds to support critical mineral and material projects and, to the maximum extent practicable, ensure fair returns to taxpayers and investments made by the Reserve.
SEC. 1705. BOARD OF GOVERNORS.
(a) Membership.--
(1) Appointment.--
(A) In general.--The Reserve shall have a board of governors consisting of 7 voting members appointed by the President, by and with the advice and consent of the Senate.
(B) Chairperson and vice-chairperson.--The President shall designate, by and with the advice and consent of the Senate--
(i) 1 member of the Board to serve as Chairperson, for a term of 4 years; and
(ii) 1 member of the Board to serve as Vice-chairperson, for a term of 4 years, and who shall serve as Chairperson in the absence or vacancy of the Chairperson.
(C) Initial appointment.--Not later than 180 days after the date of enactment of this Act, the President shall appoint each of the 7 members of the Board.
(D) Representation.--The President shall carry out this paragraph with due regard for a fair representation of Tribal, labor, environmental, industrial, and commercial interests.
(2) Qualifications.--To be eligible to be appointed as a member of the Board under paragraph (1), an individual--
(A) shall have significant demonstrated expertise in--
(i) the business of commodities production, storage, or trade, or the financial sector as it relates to critical minerals or materials;
(ii) the financing, development, or operation of projects related to the manufacturing and commercialization of critical minerals or materials;
(iii) the demand for, and usage of, critical minerals or materials, including future demand or usage of critical minerals or materials for national security and economic purposes;
(iv) the recycling, repurposing, or reuse of critical minerals; or
(v) other experience related to the production and usage of critical minerals and materials, including expertise in sustainable and responsible production practices, in the fields of engineering, logistics, law, academia, research, or policy; and
(B) may not--
(i) have a direct or indirect financial interest in an entity directly involved in the commodities industry or financial sector as it relates to critical minerals or materials; or
(ii) have immediate family with a direct financial interest in an entity directly described in clause (i).
(3) Terms.--
(A) In general.--Except as otherwise provided in this section, each member of the Board shall be appointed for a term of 14 years.
(B) Initial staggered terms.--Of the members first appointed to the Board--
(i) 1 member each shall be appointed to a term expiring in calendar year 2028, 2030, 2032, 2034, 2036, 2038, and 2040, respectively; and
(ii) each term shall expire on January 31 of the applicable calendar year.
(C) Vacancies.--Not later than 180 days after the date on which a vacancy occurs on the Board before the expiration of the term for that member, the President, by and with the advice and consent of the Senate, shall appoint a new member of the Board to fill the vacancy and serve the remainder of that term.
(D) Completion of term.--
(i) In general.--On expiration of a term for a Board member, the applicable Board member may continue to serve for 1 year or until a successor is appointed pursuant to this subsection, whichever is less.
(ii) Chairperson and vice-chairperson.--An individual who is appointed to serve a term as the Chairperson or Vice-chairperson under paragraph (1)(B) shall, after such term ends--
(I) serve as the Chairperson or Vice-chairperson, respectively, until a successor is appointed pursuant to this subsection; and
(II) serve as a member of the Board for the remainder of the term of such individual in accordance with this paragraph.
(4) Compensation.--Each member of the Board shall be compensated at a rate equal to the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code.
(5) Conflicts of interest.--
(A) In general.--During the period beginning on the date on which the term of a member of the Board begins and ending on the date that is 2 years after the date on which the term of that member ends, the member may not hold any direct or indirect financial interest in, or hold any office, position, including in an advisory or consultant position, or other employment in or with, any entity receiving or pursuing financial support from the Reserve.
(B) Opportunity to cure violation.--
(i) In general.--If the Inspector General finds that an individual described in subparagraph (A) is in violation of that subparagraph, that individual shall cure the applicable violation by not later than 30 days after the date on which the violation is found.
(ii) Requirements to cure.--To cure a violation of subparagraph (A), as required by clause (i), the applicable individual shall, at a minimum--
(I) renounce any pecuniary gain associated with the violation; and
(II) terminate each relationship that is the subject of the violation.
(C) Penalty for uncured violation.--
(i) Removal.--If the Inspector General finds that an individual described in subparagraph (A) is in violation of that subparagraph and does not cure the violation in accordance with subparagraph (B) by the date described in clause (i) of that subparagraph or, as applicable, by the date established by the Inspector General under subparagraph (D), that individual shall be removed from the Board.
(ii) Applicability of criminal liability.--
(I) In general.--A member of the Board shall be considered to be an officer or employee of the Executive Branch for purposes of section 207(a) of title 18, United States Code, and shall be subject to paragraph (2) of that section.
(II) Referral.--If the Inspector General makes a finding described in clause (i) with respect to an individual described in that clause, the Inspector General may refer the matter to the Attorney General.
(D) Extension of cure period.--The Inspector General--
(i) may extend the time period provided under subparagraph (B)(i) for an individual described in subparagraph (A) to cure a violation of that subparagraph by not more than 90 days; and
(ii) shall document the rationale behind any extension granted under clause (i).
(6) Removal.--Except as provided in paragraph 5(C)(i), no member of the Board, Chairperson, and Vice-chairperson may be removed from office except by--
(A) impeachment by Congress;
(B) removal from office because of a Federal criminal conviction for a felony, in which case the member, Chairperson, or Vice-chairperson shall be considered to have been removed from the Board; or
(C) the action of the President for inefficiency, neglect of duty, malfeasance in office, or incapacity to perform the applicable duties described
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in this section.
(b) Meetings.--
(1) Open to the public; notice.--Except as provided in paragraph (3), all meetings of the Board shall be--
(A) open to the public; and
(B) preceded by reasonable public notice.
(2) Frequency.--The Board shall meet--
(A) not later than 60 days after the date on which all members of the Board are first appointed;
(B) not less frequently than quarterly after the date described in subparagraph (A); and
(C) at the call of--
(i) the Chairperson; or
(ii) 4 or more members of the Board.
(3) Closed meetings.--The Board, by majority vote of the members, may close a meeting to the public if, during the meeting, there is likely to be disclosed--
(A) sensitive information regarding national security; or
(B) proprietary or sensitive information regarding a project under consideration for assistance under this title.
(4) Minutes.--
(A) In general.--Except as provided in subparagraph (B), the minutes of each meeting of the Board shall be made publicly available as soon as practicable.
(B) Closed meeting minutes.--The minutes for a closed meeting shall be made available--
(i) to the appropriate congressional committees not later than 60 days after the date of the closed meeting; and
(ii) to the public not later than 3 years after the date of the closed meeting, with any necessary redactions to protect information that remains proprietary or sensitive at the time of publication.
(5) Quorum.--5 members of the Board shall constitute a quorum.
(6) Voting.--
(A) In general.--Each member of the Board shall have an equal vote in all decisions of the Board.
(B) Decisions.--Unless otherwise specified, decisions of the Board shall be made by majority vote of the members constituting a quorum.
(c) Powers and Duties of the Board.--The Board shall--
(1) not later than 180 days after the date on which all members of the Board are appointed--
(A) develop and approve the bylaws of the Reserve, including bylaws for the regulation of the affairs and conduct of the business of the Reserve, consistent with the purpose, goals, objectives, and policies of this title;
(B) establish dollar-value thresholds, not to exceed $2,500,000, above which transactions and loans made by the Reserve will require approval of the Board;
(C) establish committees required by this title composed solely of members of the Board, as the Board determines to be appropriate;
(D) develop and approve a conflict-of-interest policy for the Board and employees of the Reserve, including--
(i) establishing compensation levels for employees of the Reserve, not to exceed $150,000 initially (but which may be adjusted for inflation), above which employees of the Reserve shall be limited with regard to future employment at and compensation from entities receiving financial support from the Reserve, for a period not to exceed the date that is 2 years after the date on which employment with the Reserve ends; and
(ii) establishing penalties for violations, including monetary penalties, that, for violations of the limitations described in clause (i), may be based on the higher of--
(I) the current compensation of the employee; and
(II) the total compensation from entities receiving financial support from the Reserve;
(E) approve or disapprove internal policies that the Chairperson shall submit to the Board, including--
(i) policies and procedures regarding the approval of authorized intermediaries;
(ii) policies and procedures regarding the project application and approval process;
(iii) policies and procedures regarding the acquisition and sale of critical minerals and materials sufficient to ensure fair access to transactions with the Reserve and effective use of capital of the Reserve;
(iv) policies and procedures regarding financing, acquisition, and sale to raise global production standards for critical minerals and materials that minimize environmental damage, prevent forced labor use, and ensure a more competitive market for producers in countries with stronger standards; and
(v) operational guidelines; and
(F) approve or disapprove a 1-year business plan and budget for the Reserve;
(2) ensure that the Reserve is operated in a manner that is consistent with this title by--
(A) monitoring and assessing the effectiveness of the Reserve in achieving the purposes of the Reserve;
(B) reviewing and approving internal policies, annual business plans, annual budgets, and long-term strategies submitted by the Chairperson;
(C) reviewing and approving annual reports submitted by the Chairperson;
(D) engaging 1 or more external auditors; and
(E) reviewing and approving all changes to the organization of the Reserve;
(3) appoint and fix, by a vote of not fewer than 5 of the 7 members of the Board, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, the compensation and adjustments to compensation of all personnel of the Reserve, subject to the condition that in appointing and fixing any compensation or adjustments to compensation under this paragraph, the Board shall--
(A) consult with, and seek to maintain comparability with, other comparable Federal personnel, as the Board may determine to be appropriate;
(B) consult with the Office of Personnel Management; and
(C) carry out those duties consistent with merit principles, where applicable, as well as the education, experience, level of responsibility, geographic differences, comparability to private sector positions, and retention and recruitment needs of the Reserve in determining compensation of personnel;
(4) approve by a vote of not fewer than 5 of the 7 members of the Board--
(A) any changes to the bylaws or internal policies of the Reserve; and
(B) any equity investments and accompanying documentation made under section 1712(b)(4);
(5) have the authority and responsibility--
(A) to oversee entering into and carrying out contracts, leases, cooperative agreements, or other transactions as are necessary to carry out this title;
(B) to approve of the acquisition, lease, pledge, exchange, and disposal of real and personal property by the Reserve and otherwise approve the exercise by the Reserve of all of the usual incidents of ownership of property, to the extent that the exercise of those powers is appropriate to and consistent with the purposes of the Reserve;
(C) to determine the character of, and the necessity for, the obligations and expenditures of the Reserve, and the manner in which the obligations and expenditures will be incurred, allowed, and paid, subject to this title and Federal law specifically applicable to wholly owned government corporations;
(D) to execute or approve, in accordance with applicable bylaws and regulations, appropriate financial instruments and investments, with the understanding that the investments carry financial risk and may result in financial losses;
(E) to approve other forms of credit enhancement that the Reserve may provide to projects, subject to the condition that the forms of credit enhancements shall be consistent with the purposes of this title;
(F) to exercise all other lawful powers that are necessary or appropriate to carry out, and are consistent with, the purposes of the Reserve;
(G) to sue or be sued in the corporate capacity of the Reserve in any court of competent jurisdiction;
(H) to indemnify and hold harmless the members of the Board for any liabilities arising out of the actions of the members acting in that capacity, in accordance with, and subject to the limitations under, this title;
(I) to enter into binding commitments, as specified in approved financial assistance packages; and
(J) to determine whether--
(i) to obtain a lien on the assets of an entity that receives assistance under this title; and
(ii) to subordinate a lien under clause (i) to any other lien securing project obligations; and
(6) establish the risk and audit committees described in section 1716.
SEC. 1706. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated to the Reserve to carry out the requirements of this title, subject to subsection (b), $2,500,000,000, to remain available until expended.
(b) Limitation Relating to the President and Vice President.--None of the funds authorized to be appropriated or otherwise made available by this title may be obligated or expended to provide any grant, contract, loan, or other financial assistance to an entity in which the President, Vice President, or an immediate family member (as defined in section 1128(j) of the Social Security Act (42 U.S.C. 1320a-7(j))) of the President or Vice President holds, directly or indirectly, any ownership interest or serves in any managerial, officer, director, or board capacity.
SEC. 1707. GENERAL AUTHORITIES.
To the extent necessary to develop, operate, or maintain the Reserve, the Reserve may--
(1) issue rules, regulations, or orders;
(2) acquire by purchase land or interests in land for the location of storage and related facilities;
(3) construct, purchase, lease, or otherwise acquire storage and related facilities;
(4) use, lease, maintain, sell, or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this title, under such terms and conditions as the Board considers necessary or appropriate;
(5) acquire, subject to the requirements of this title, by purchase, exchange, or otherwise, critical minerals or materials for storage;
(6) sell, or otherwise dispose of, subject to the requirements of this title, critical minerals, materials, or other assets;
(7) store critical minerals or materials in storage facilities owned and controlled by the United States or in storage facilities owned by authorized intermediaries if the Reserve has sufficient contractual certainty of access to the critical minerals and materials and those facilities are subject to audit by the United States;
(8) execute contracts with private entities for the storage of critical minerals and materials at storage facilities owned by private entities if the Reserve has sufficient contractual certainty of access to those critical minerals and materials and those facilities are subject to audit by the United States;
(9) partner with private sector, academia, and Federal agencies to further the purposes of the Reserve, including to advance the development and commercialization of responsible reuse and recycling processes for critical minerals and materials; and
(10) execute any contracts necessary to develop, operate, or maintain the Reserve.
SEC. 1708. IDENTIFICATION OF ELIGIBLE CRITICAL MINERALS AND
MATERIALS.
(a) Eligible Critical Minerals and Materials List.--Subject to subsections (b), (c), and (d), the Reserve, in consultation with the heads of Federal departments and agencies described in section 1709(6), shall establish, and thereafter maintain, a list of critical minerals and materials eligible for financing or acquisition support described in section 1712.
(b) Requirements.--
(1) Establishment.--A mineral or material may only be included on the list of eligible critical minerals and materials established under subsection (a) if--
(A) the mineral or material is--
(i) included on the list of critical minerals published by the United States Geological Survey pursuant to section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606(c));
(ii) included on the list of critical materials published by the Department of Energy pursuant to section 7002(a) of the Energy Act of 2020 (30 U.S.C.
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1606(a)); or
(iii) a material of interest designated by the Director of the Defense Logistics Agency; and
(B) the Reserve determines that the mineral or material--
(i) is a non-fuel mineral or material;
(ii) has a vulnerable or highly concentrated supply chain; and
(iii) is necessary--
(I) for the national defense and national security requirements of the United States;
(II) for the energy infrastructure of the United States, including--
(aa) pipelines;
(bb) refining capacity;
(cc) electrical power generation, storage, transmission, and distribution;
(dd) renewable energy production; and
(ee) energy storage
(III) to support domestic manufacturing, agriculture, housing, telecommunications, health care, or transportation and transportation infrastructure; or
(IV) for the economic security or balance of trade of the United States.
(2) Modifications.--
(A) Additions.--After the list of eligible critical minerals and materials is established under paragraph (1), the Reserve may add a mineral or material to the list of eligible critical minerals and materials maintained under subsection (a) if, after the date that the most recent list is published under subsection (e)(1)--
(i) the mineral or material--
(I) is included on the most recently published list of critical minerals published by the United States Geological Survey pursuant to section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606(c));
(II) is included on the most recently published list of critical materials published by the Department of Energy pursuant to section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)); or
(III) a material of interest designated by the Director of the Defense Logistics Agency; and
(ii) the Reserve determines that the mineral or material meets the requirements described in paragraph (1)(B).
(B) Removals.--After the list of eligible critical minerals and materials is established under paragraph (1), the Reserve shall remove a mineral or material from the list of eligible critical minerals and materials maintained under subsection (a) if--
(i) the mineral or material, as of the date on which the list is published under subsection (e)(1)--
(I) has not been included on a list of critical minerals published by the United States Geological Survey pursuant to section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606(c)) for a period of at least 3 years;
(II) has not been included on a list of critical materials published by the Department of Energy pursuant to section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)) for a period of at least 3 years; or
(III) has not been designated as a material of interest by the Director of the Defense Logistics Agency for a period of at least 3 years; or
(ii) the Reserve determines that the mineral or material no longer meets the requirements described in paragraph (1)(B).
(c) Considerations.--In establishing and maintaining the list of eligible critical minerals and materials under subsection (a), the Reserve shall consider--
(1) the results of any assessments conducted under sections 1710 and 1711;
(2) the existing market infrastructure and financial environment for a given critical mineral or material, especially domestically or in partner countries;
(3) the substitutability of, and projected demand for, a given critical mineral or material; and
(4) other information the Reserve determines necessary to achieve the purposes of the Reserve.
(d) Exclusions.--A mineral or material may not be included on the list of eligible critical minerals and materials established and maintained under subsection (a) if the mineral or material is--
(1) oil, oil shale, natural gas, coal, or uranium;
(2) water, ice, or snow; or
(3) a common variety, as determined by the Board, of sand, gravel, stone, pumice, cinders, or clay.
(e) Update.--
(1) In general.--The Reserve shall publish and update not less frequently than annually the list of eligible critical minerals and materials established and maintained under subsection (a).
(2) Requirement.--In carrying out paragraph (1), the Reserve shall separately publish a list of minerals and materials--
(A) previously included on a list published under paragraph (1) but were removed within the previous 3 years; and
(B) not included in the list published under paragraph (1) but with respect to which the Reserve has an active position, contract, or transaction.
SEC. 1709. DATA COLLECTION.
There is established within the Reserve a division, to be known as the "Division of Data Collection", which, to the extent practicable, shall--
(1) be led by a Director selected by the Board;
(2) develop and maintain a proprietary dataset sufficient to ensure the thorough analysis of global critical minerals and materials markets;
(3) collect and maintain sufficient datasets, including data comprising global, domestic, and partner country markets and, to the extent possible, data derived from individual critical mineral and material projects, to inform and estimate--
(A) production, extraction, infrastructure, repurposing, and recycling costs for critical minerals and materials supply chains;
(B) collection and recycling rates for critical minerals and materials in domestic and partner country markets; and
(C) the forecast of supply and demand of critical minerals and materials within domestic and partner country markets;
(4) collect and maintain--
(A) actual transaction price data for critical minerals and materials in the global market, including geographic data; and
(B) any other datasets necessary to effectuate such purpose, including modeled transaction data and datasets produced by or derivative of datasets produced by the People's Republic of China;
(5) using the most current data collected under paragraphs (3) and (4), support the activities described in sections 1710 and 1712;
(6) consult with relevant heads of Federal departments and agencies, including--
(A) the Secretary of Agriculture;
(B) the Secretary of Commerce;
(C) the Secretary of Defense;
(D) the Secretary of Energy;
(E) the Secretary of the Interior;
(F) the Secretary of State;
(G) the Secretary of the Treasury;
(H) the Chief Executive Officer of the United States International Development Finance Corporation;
(I) the Director of the Central Intelligence Agency;
(J) the Director of the United States Geological Survey;
(K) the President of the Export-Import Bank of the United States; and
(L) any other Federal department or agency head the Director determines necessary;
(7) establish mechanisms when establishing loan terms, contracts, and agreements as described in this title to collect the necessary data required by this section; and
(8) to the extent practicable, carry out the responsibilities of this section using existing government data and information.
SEC. 1710. CRITICAL MINERAL AND MATERIAL MARKET RISK AND
VULNERABILITY ASSESSMENT.
(a) Establishment.--There is established within the Reserve a division, to be known as the "Division of Risk and Vulnerability Evaluation", which shall--
(1) be led by a Director selected by the Board;
(2) develop or, to the extent practicable, use existing sophisticated models to evaluate threats and risks in critical mineral and material markets across United States industrial sectors, including defense, energy, agriculture, transportation, health, and emerging technology;
(3) maintain a comprehensive database of critical mineral and material price movements, supply chain vulnerabilities, production and processing capacities, and consumption patterns;
(4) identify critical dependencies in critical mineral and material markets that could threaten national security or economic stability;
(5) assess the potential for geopolitical events, natural disasters, technological disruptions, or market failures to impact commodity markets;
(6) develop and implement methodologies for modeling the impact of various critical mineral or material shocks on the United States economy;
(7) assess vulnerabilities, including price spikes, supply disruptions, transportation failures, export controls, and financial market disturbances;
(8) model the cross-sectoral impacts of critical mineral or material price or supply shocks, including effects on inflation, employment, government finances, and consumer welfare;
(9) assess the specific impact of critical mineral or material disruptions on infrastructure, national security assets, and essential services; and
(10) to the extent practicable, carry out the responsibilities of this section using existing government data and information.
(b) Mandatory Risk Assessment.--
(1) In general.--The Reserve shall conduct and submit to the appropriate congressional committees, the President, and the heads of Federal departments and agencies listed in section 1709(6) a biennial comprehensive risk and vulnerability assessment for critical minerals and materials, which shall include--
(A) identification of specific threats to stable supply and prices;
(B) an analysis of current market conditions, including geographic and ownership concentration of suppliers, transportation bottlenecks, and financial vulnerabilities;
(C) an evaluation of substitution possibilities and technological alternatives; and
(D) recommendations for risk mitigation strategies.
(2) Form of assessment.--
(A) In general.--Each assessment required by paragraph (1)--
(i) shall be submitted in unclassified form; but
(ii) may include a classified annex.
(B) Requirement.--Any assessments required by paragraph (1) that include a classified annex shall include an unclassified summary.
SEC. 1711. PRODUCTION STANDARDS.
There is established within the Reserve a division, to be known as the "Division of Production Standards", which shall--
(1) be led by a Director selected by the Board;
(2) develop methodologies for evaluating relative risk in global environmental and labor standards and practices for the production, extraction, processing, reuse, repurposing, and recycling of critical minerals and materials, including transparency, traceability, and forced labor risk, which may include incorporating existing research;
(3) conduct periodic risk-based assessments of environmental and labor standards and practices for the production, extraction, processing, reuse, repurposing, and recycling of critical minerals and materials in foreign countries producing critical minerals and materials, and, to the extent practicable, significant production projects; and
(4) publish an annual report summarizing the methodologies used and describing the results of the most recent assessments conducted under paragraph (3) for each foreign country and significant production project, and, to the extent practicable, mitigation measures used in transactions and loans made by the Reserve, without identifying proprietary or sensitive commercial information.
SEC. 1712.
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FINANCING AND ACQUISITION OF CRITICAL MINERALS OR
MATERIALS.
(a) Authority.--
(1) In general.--The Reserve may deploy financing and acquisition tools as described in subsection (b) to achieve the purposes of the Reserve, subject to the condition that the Reserve may not deploy such tools to benefit a foreign entity of concern.
(2) Considerations.--In carrying out this section, the Reserve shall consider--
(A) the results of the assessments described in section 1711(3);
(B) the ability of the Reserve to efficiently achieve the purposes of the Reserve with limited resources;
(C) diversification across critical minerals and materials;
(D) non-Reserve investments and market developments regarding a specific critical mineral or material;
(E) with respect to deploying financing and acquisition tools with a specific producer or processor, the management, financial condition, and ability of the producer or processor to fulfill any contractual obligations, and the reasonable likelihood of repayment, performance, or recovery, as applicable; and
(F) other factors the Reserve determines valuable to achieving the purposes of the Reserve over an extended period of time.
(3) Federal government investments.--The Reserve shall, to the maximum extent practicable in carrying out this section, consult and coordinate with, and leverage existing investments made by, other Federal departments and agencies, including--
(A) the Export-Import Bank of the United States;
(B) the United States International Development Finance Corporation;
(C) the Department of Energy, pursuant to title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.);
(D) the Office of Strategic Capital of the Department of Defense; and
(E) applicable execution offices of the Department of Defense for contract actions carried out under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.).
(b) Means of Support.--The financing and acquisition tools referred to in subsection (a) include the following:
(1) Loans to authorized intermediaries.--
(A) Loan program authorized.--The Reserve may make loans to authorized intermediaries who may use those funds to enter into financing and purchasing agreements with producers and processors of critical minerals or materials.
(B) Loan conditions.--
(i) In general.--In making loans under subparagraph (A), the Reserve shall establish such terms and conditions as the Reserve determines appropriate to achieve the purposes of the Reserve.
(ii) Adjustment of loan terms.--The Reserve and an authorized intermediary may adjust loan terms under a loan issued under subparagraph (A) if the Reserve and that authorized intermediary agree to the adjustment.
(iii) Preferential terms for certain loans.--In making loans under subparagraph (A), the Reserve--
(I) may provide preferential loan terms--
(aa) which may include an interest rate based on the Federal funds rate to an authorized intermediary that will use the loan to enter into financing and purchasing agreements with domestic producers or processors of critical minerals or materials, subject to the condition that the interest rate shall include an additional risk-based margin, fees, premiums, collateral, mineral delivery rights, or other compensation, as the Reserve determines appropriate, to reflect risk, administrative costs, and fair returns to taxpayers; and
(bb) to authorized intermediaries that will use the loan to enter into financing and purchasing agreements with producers or processors of critical minerals or materials in partner countries, in such manner and on such terms as the Reserve determines appropriate, subject to the requirements of item (aa) and the condition that those terms shall not be more favorable than the terms provided to a similarly situated intermediary entering into financing and purchasing agreements with domestic producers or processors of critical minerals or materials; and
(II) shall--
(aa) consult with the heads of Federal departments and agencies described in subsection (a)(3) with respect to the loan terms described in subclause (I)(aa); and
(bb) ensure that, under the terms of such loans, authorized intermediaries shall, to the maximum extent practicable, give priority to United States suppliers of critical minerals and materials and preference to the United States supply chain.
(iv) Security.--A loan made under subparagraph (A) may be secured by collateral, mineral inventory, contractual rights to receive critical minerals or materials, offtake agreements, accounts, proceeds, liens on assets, or other security determined by the Reserve to be appropriate.
(C) Proposal solicitation.--To be eligible to receive a loan under subparagraph (A), an authorized intermediary shall submit to the Reserve an application at such time, in such manner, and containing such information as the Reserve may require, including the proposed financing or purchasing agreements described in that subparagraph.
(D) Uncured default.--
(i) In general.--If an authorized intermediary fails to make a required repayment on a loan under subparagraph (A) for a 90-day period, the Reserve may--
(I) recoup the amount of that loan by taking possession of the critical mineral and material inventories of the authorized intermediary and any other contractual rights of the authorized intermediary to receive critical minerals or materials from suppliers;
(II) revoke the participation with the Reserve of the authorized intermediary;
(III) subject to clause (ii), appoint itself as conservator or receiver of the authorized intermediary;
(IV) enforce, perfect, or otherwise exercise rights with respect to any lien, collateral, contractual right, mineral inventory, proceeds, or other security securing the loan; and
(V) adjust the loan terms pursuant to subparagraph (B)(ii).
(ii) Authorities under conservator or receivership.--If the Reserve appoints itself a conservator or receiver of an authorized intermediary under clause (i)(II), the Reserve shall have the same authorities with respect to the authorized intermediary that the Federal Deposit Insurance Corporation has with respect to an institution for which the Federal Deposit Insurance Corporation has appointed itself as conservator or receiver under the Federal Deposit Insurance Act (12 U.S.C.
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1811 et seq.).
(iii) Treatment of bankruptcy.--An authorized intermediary for which the Reserve has appointed itself a conservator or a receiver under clause (i)(II) may not be placed into bankruptcy under title 11, United States Code, during that conservatorship or receivership, and any bankruptcy process under title 11, United States Code, that is in effect when the appointment occurs shall be terminated.
(2) Loans to producers and processors.--
(A) Loan program authorized.--The Reserve may make loans on terms similar to terms described in paragraph (1) directly to producers or processors of critical minerals or materials for projects that support the purposes of the Reserve.
(B) Loan conditions.--In making loans under subparagraph (A), the Reserve shall establish such terms and conditions as the Reserve determines are appropriate, subject to subsection (a)(2), subsection (e), and the purposes of the Reserve.
(C) Priority.--In making loans under subparagraph (A), the Reserve shall--
(i) give priority to domestic producers and processors; and
(ii) give preference to projects that strengthen the United States supply chain.
(D) Foreign entities of concern.--The Reserve may not make a loan under this paragraph to a foreign entity of concern.
(3) Acquisitions.--The Reserve may make acquisitions including the following:
(A) Acquisition through solicitation and direct contracting with private counterparties, including through an entity receiving funding from the Export-Import Bank of the United States for the purpose of stockpiling critical minerals or materials.
(B) Acquisition through physically cleared financial instruments, such as futures contracts through intermediaries, including financial exchanges.
(C) Acquisition through options contracts directly or through intermediaries, including financial exchanges.
(4) Non-recourse lending.--The Reserve may conduct non-recourse lending to projects secured by a portion of the expected production of the project.
(5) Other transactions.--The Reserve may make other financing and acquisition transactions, including contract for differences, advance or milestone payments, and advanced market commitments, as determined by the Board as necessary to fulfill the purposes of the Reserve, except that the Reserve may not own common stock.
(6) Warrants.--The Reserve may, in conjunction with other financing and acquisition tools described in this section, enter into contracts under which the Reserve receives warrants or other similar contractual benefits resulting in the Reserve participating in the gains or equity appreciation of a business receiving support from the Reserve, which--
(A) may contain anti-dilution provisions or other protections necessary to ensure participation in the success of the business; and
(B) are held by the Reserve as passive investment and sold or otherwise monetized in alignment with the purposes of the Reserve, including ensuring a fair return to taxpayers.
(c) Partner Co-investment.--
(1) In general.--A partner country may, if approved by the Reserve, make capital contributions of at least $100,000,000 to the Reserve for purposes of financing or acquisition under subsection (b).
(2) Minimum amount.--The Reserve shall annually adjust the amount in paragraph (1) by the percentage increase in the Personal Consumption Expenditures Price Index of the Bureau of Economic Analysis of the Department of Commerce, rounded to the nearest $1,000,000.
(3) Treatment of capital contributions.--The Reserve--
(A) shall maintain separate accounts for the capital contributions of each partner country that provides such contributions under paragraph (1);
(B) shall not commingle the capital contributions of any partner country with any other partner country or the funds of the Reserve;
(C) may return such capital contributions to the partner country at any time, without obligation or penalty, or under such other terms and conditions as agreed to by the Reserve and that partner country; and
(D) may not guarantee the repayment of such capital contributions to a partner country.
(4) Loans made with partner co-investment funds.--Financing and acquisitions made under subsection (b) with capital contributions under paragraph (1) shall be made in the same manner as financing and acquisitions made under subsection (b) with funds of the Reserve.
(5) Restriction.--The Reserve may not approve a partner country under paragraph (1) unless the partner country certifies that the capital contributions being made are coming from funds of the partner country and not from funds of a foreign entity of concern or a covered country.
(6) Coordination with existing arrangements.--
(A) In general.--In approving capital contributions from a partner country under paragraph (1), the Reserve shall, to the maximum extent practicable, consult with the Department of State, the Department of Commerce, and the Federal agencies and entities described in subsection (a)(3) regarding any existing co-financing arrangement, memorandum of understanding, or similar arrangement between such agency or entity and the partner country relating to critical minerals or materials.
(B) Rule of construction.--Nothing in subparagraph (A) requires the Reserve to obtain approval from any Federal agency or entity before the Reserve approves a capital contribution under this subsection.
(d) International Advisory Council of Partners.--
(1) In general.--The Reserve may establish an International Advisory Council of Partners comprising--
(A) the Vice-chairperson, who shall be the head of the council; and
(B) 1 representative from each partner country that makes a capital contribution under subsection (c)(1).
(2) Consultation.--The International Advisory Council of Partners shall, at the request of the Reserve, advise the Reserve on financing and acquisitions made with capital contributions under subsection (c)(1).
(3) Applicability of faca.--Chapter 10 of title 5, United States Code (commonly known as the "Federal Advisory Committee Act"), shall not apply to the International Advisory Council of Partners.
(e) Coordination With Existing Federal Programs.--
(1) In general.--The Reserve shall, to the maximum extent practicable, coordinate financing and acquisition support under this section with existing Federal programs and initiatives, including programs and initiatives administered, supported, or approved by--
(A) the Export-Import Bank of the United States;
(B) the United States International Development Finance Corporation;
(C) the Department of Energy;
(D) the Department of Defense; and
(E) any other Federal agency or entity, as the Board determines appropriate.
(2) Terms.--If the Reserve provides support to cover a financing gap in relation to support available under an existing Federal program or initiative, the Reserve shall, to the maximum extent practicable, consider whether that support may be structured on terms and conditions that complement, leverage, supplement, or reduce the risk of the existing Federal support.
(3) Reserve authority.--Nothing in this subsection limits the authority of the Reserve to provide support on such terms and conditions as the Board determines appropriate to fulfill the purposes of the Reserve.
SEC. 1713. SALE OF CRITICAL MINERALS OR MATERIALS.
(a) Sale.--The Reserve may sell critical minerals or materials stored in the Reserve in accordance with the purposes of the Reserve and this section.
(b) Sale of Critical Minerals or Materials.--The Reserve may sell a critical mineral or material stored in the Reserve if the Board determines that--
(1) a supply shortage or potential supply shortage of that critical mineral or material threatens--
(A) the national or economic security of the United States; or
(B) price stability in the value chain of that critical mineral or material;
(2)(A) the sale is being made pursuant to an agreement between the Reserve and the Export-Import Bank of the United States; and
(B) the critical minerals are being sold to an entity that--
(i) is receiving funding from the Export-Import Bank of the United States; and
(ii) was created for the purpose of stockpiling critical minerals or materials; or
(3) the sale is otherwise necessary to support the purposes of the Reserve.
(c) Sale of Non-critical Minerals or Materials.--
(1) In general.--The Reserve may sell a mineral or material stored in the Reserve that, as of the date of sale, is no longer included on the list of critical minerals and materials established by the Reserve under section 1708(a) if the Board determines that--
(A) the mineral or material is unlikely to be imminently re-added to the list of critical minerals and materials established by the Reserve under section 1708(a);
(B) the mineral or material is available in sufficient supply or is no longer necessary in large quantities for economic or national security purposes;
(C) a supply shortage or potential supply shortage of that mineral or material threatens--
(i) the national or economic security of the United States; or
(ii) price stability in the value chain of that mineral or material;
(D)(i) the sale is being made pursuant to an agreement between the Reserve and the Export-Import Bank of the United States; and
(ii) the mineral or material is being sold to an entity that--
(I) is receiving funding from the Export-Import Bank of the United States; and
(II) was created for the purpose of stockpiling critical minerals or materials; or
(E) the sale is otherwise necessary to support the purposes of the Reserve.
(2) Use for research purposes.--If the Board determines that a mineral or material stored in the Reserve that is no longer included on the list of critical minerals and materials established by the Reserve under section 1708(a) does not have a substantial market value, the Board may enter into a contract for the transfer and use for research purposes of that mineral or material with--
(A) Federal departments and agencies;
(B) State governments;
(C) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); and
(D) institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
(d) Means of Sale.--The Reserve may carry out a sale described in subsections (b) and (c) through--
(1) solicitation and direct contracting with private parties;
(2) physically-cleared financial instruments, such as futures contracts through authorized intermediaries;
(3) options contracts directly or through authorized intermediaries; and
(4) other transactions, including public auctions, as determined necessary by the Board to support the purposes of the Reserve.
(e) Foreign Entities of Concern.--The Reserve may not carry out a sale described in subsections (b) and (c) to a foreign entity of concern.
SEC. 1714.
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CORPORATE POWERS.
(a) In General.--The Reserve--
(1) may adopt, alter, and use a seal, which may include an identifiable symbol of the United States;
(2) notwithstanding division C of subtitle I of title 41, United States Code, may make and perform with any person contracts, including no-cost contracts (as defined by the Reserve), grants, and other agreements, that are necessary for carrying out the functions of the Reserve;
(3) may lease, purchase, or otherwise acquire, improve, and use real property that is necessary to carry out the functions of the Reserve;
(4) may use the United States mails in the same manner and on the same conditions as the Executive departments (as defined in section 101 of title 5, United States Code);
(5) may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Director of the Office of Personnel Management;
(6) may hire or obtain passenger motor vehicles;
(7) may acquire, hold, or dispose of, on such terms and conditions as the Reserve may determine, any property (real, personal, or mixed), tangible or intangible, or any interest in such property;
(8) may lease office space for the use of the Reserve;
(9) may indemnify directors, officers, employees, and agents of the Reserve for liabilities and expenses incurred in connection with their activities on behalf of the Reserve;
(10) notwithstanding any other provision of law, may represent itself or contract for representation in any legal or arbitral proceeding;
(11) may exercise any priority of the Federal Government in collecting debts from bankrupt, insolvent, or decedents' estates;
(12) may collect, notwithstanding section 3711(g)(1) of title 31, United States Code, or compromise any obligations assigned to or held by the Reserve, including any legal or equitable rights accruing to the Reserve;
(13) may sell direct investments of the Reserve to private investors on such terms and conditions as the Reserve may determine; and
(14) shall have such other powers as may be necessary and incident to carrying out the functions of the Reserve.
(b) Treatment of Property.--Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Reserve shall have the right in its discretion to complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell any property acquired by the Reserve pursuant to this title.
SEC. 1715. RECORDS AND ACCOUNTS.
(a) Preparation and Maintenance.--The Board may require any person to prepare and maintain such records or accounts as the Board, by rule, determines necessary to carry out this title.
(b) Audit of Operations of Storage Facilities.--The Board may audit the operations of any storage facility in which any critical mineral or material acquired is stored or required to be stored pursuant to this title.
(c) Access to and Inspection of Records or Accounts and Storage Facilities.--The Board may require access to, and has the right to inspect and examine, at reasonable times--
(1) any records or accounts required to be prepared or maintained pursuant to subsection (a); and
(2) any storage facilities subject to audit by the United States pursuant to this title.
SEC. 1716. RISK AND AUDIT COMMITTEES.
(a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Reserve shall establish--
(1) a risk committee; and
(2) an audit committee.
(b) Duties and Responsibilities.--
(1) Risk committee.--Subject to the direction of the Board, the risk committee established under subsection (a)(1) shall be responsible for--
(A) formulating risk management policies of the operations of the Reserve;
(B) reviewing and providing guidance on the operation of the global risk management framework of the Reserve;
(C) developing policies for enterprise risk management, risk monitoring, and the management of strategic, reputational, regulatory, operational, developmental, responsible production, and financial risks;
(D) developing the risk profile of the Reserve, including a risk management and compliance framework and governance structure to support such a framework;
(E) monitoring Reserve participants to ensure existing participants do not become foreign entities of concern; and
(F) developing and using a mechanism to remove participants if more than 25 percent of that participant is owned, controlled, directed, financed, or otherwise influenced, directly or indirectly, in whole or in part by the government of a foreign entity of concern.
(2) Audit committee.--Subject to the direction of the Board, the audit committee established under subsection (a)(2) shall be responsible for--
(A) the integrity of--
(i) the financial reporting of the Reserve;
(ii) systems of internal controls relating to finance and accounting of the Reserve; and
(iii) the financial statements of the Reserve;
(B) the performance of the internal audit function of the Reserve; and
(C) the compliance of the Reserve with legal and regulatory requirements relating to the finances of the Reserve.
SEC. 1717. ANNUAL AUDIT AND COMPTROLLER REVIEW.
(a) Annual Independent Audit.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, an independent qualified public accountant selected by the Inspector General shall audit the financial statements of the Reserve, the results of which shall be made publicly available.
(2) Requirements.--An independent qualified public accountant selected under paragraph (1) shall be--
(A) certified and licensed by a State board of accountancy;
(B) independent of the Reserve and each authorized intermediary within the meaning of section 210.2-01 of title 17, Code of Federal Regulations (or a successor regulation); and
(C) registered with the Public Company Accounting and Oversight Board.
(b) Review.--The Comptroller General of the United States shall conduct a biennial review of the Reserve, to include--
(1) reviewing the most recent annual report submitted pursuant to section 1718(a);
(2) the operations and functions of the Reserve as managed by the Board; and
(3) the performance of the Board in fulfilling the purposes of the Reserve.
SEC. 1718. REPORTING AND TRANSPARENCY.
(a) Annual Report.--
(1) In general.--The Board shall submit to the President, the Comptroller General of the United States, the Director of the Office of Management and Budget, and the appropriate congressional committees, an annual report describing the operations of the Reserve during the preceding calendar year.
(2) Contents.--
(A) In general.--Each report required under paragraph (1) shall include--
(i) information regarding the administration of the functions of the Board, including recommendations the Board determines appropriate;
(ii) the assessment of the Board of the extent to which compliance with the requirements of this title and the purposes of the Reserve have been achieved;
(iii) a summary of transactions and loans made by the Reserve during the preceding calendar year, to include how well those transactions and loans have helped achieve the purposes of the Reserve; and
(iv) information regarding vulnerabilities, risks, and audits.
(B) Foward-looking assessment.--Every third annual report submitted pursuant to paragraph (1) shall include--
(i) an assessment of the projected financial needs of the Reserve;
(ii) any additional appropriations requested in order to achieve the purposes of the Reserve; and
(iii) any legislative and policy recommendations to facilitate achieving the purposes of the Reserve.
(b) Testimony.--The Chairperson shall appear before the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than 30 calendar days after the date that a report required under subsection (a) is submitted.
(c) Database.--
(1) In general.--The Reserve shall maintain a database with detailed information on all transactions undertaken pursuant to section 1712.
(2) Requirements.--The database maintained under paragraph (1) shall--
(A) be user-friendly;
(B) subject to paragraph (3), be publicly available; and
(C) to the extent practicable, include a description of the support provided for each project, including the information contained in the report required under subsection (a).
(3) Limit on public availability.--
(A) In general.--An identified subset of the database maintained under paragraph (1) shall not be made publicly available if the Board determines doing so would be harmful to the national security of the United States.
(B) Accessibility.--If the Board makes a determination under subparagraph (A) that public availability of the identified subset of the database maintained under paragraph (1) would be harmful to the national security of the United States, the Reserve shall--
(i) make the identified subset of the database accessible to the appropriate congressional committees; and
(ii) not later than 3 years after a transaction undertaken pursuant to section 1712 occurs, make the information about that transaction publicly available.
SEC. 1719. INSPECTOR GENERAL OF THE RESERVE.
(a) Inspector General.--
(1) In general.--Section 401(1) of title 5, United States Code, is amended by inserting "the Strategic Resilience Reserve Corporation of the United States," after "Export-Import Bank of the United States,".
(2) Special provisions.--Section 415(g)(3) of title 5, United States Code, is amended by inserting "the Inspector General of the Strategic Resilience Reserve Corporation of the United States and" after "shall apply to".
(b) Activities.--
(1) In general.--The principal responsibilities of the Inspector General shall be to conduct investigations and reviews of the Reserve and its activities with respect to fraud, conflicts of interest, and violations of applicable law.
(2) Noncompliance.--The Inspector General shall not treat noncompliance with non binding guidance, best practices, recommendations, or advisory standards issued by any other Federal entity as a basis for a finding of waste, inefficiency, ineffectiveness, or a lack of economy, unless the noncompliance independently constitutes a violation of applicable law or the policies and procedures established by the Board and the committees of the Board pursuant to this title.
(3) Presumption.--Investment, transaction, and other commercial decisions made in accordance with the policies and risk management framework of the Reserve and as an exercise of good faith and reasonably informed business judgment shall be presumed by the Inspector General to be consistent with the purposes of the Reserve.
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SA 6171. Ms. LUMMIS (for herself and Mr. Kelly) 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:
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At the appropriate place, insert the following:
SEC. ___. DEFENSE-RELATED URANIUM MINE SITES.
(a) Definitions.--In this section:
(1) DRUM site.--
(A) In general.--The term "DRUM site" means an abandoned, inactive defense-related uranium mine site that--
(i) supplied uranium ore to the Atomic Energy Commission for defense-related activities between 1947 and 1970; and
(ii) has legacy uranium mine waste, including waste rock, tailings, overburden, stockpiled material, and other residual materials, that were generated by uranium mining and processing activities and located on abandoned or active patented or unpatented mining claims on Federal land open or closed to mineral entry.
(B) Inclusions.--The term "DRUM site" includes, with respect to a mine site described in subparagraph (A), adits, portals, vents, waste-rock piles, structures, highwalls, and surface pits.
(2) Federal land.--The term "Federal land" means land--
(A) the title to which is held by the United States; and
(B) under the jurisdiction of--
(i) the Secretary of the Interior; or
(ii) the Chief of the Forest Service.
(3) NRC service provider.--The term "NRC service provider" means an entity that holds a valid license from the Nuclear Regulatory Commission issued under part 40 of title 10, Code of Federal Regulations (or a successor regulation), authorizing the possession and treatment of radioactive materials solely for the purposes of remediation, stabilization, and cleanup of DRUM sites.
(4) Remediation.--
(A) In general.--The term "remediation" means an action--
(i) undertaken to eliminate, stabilize, or substantially reduce the release, mobility, toxicity, or volume of hazardous or radioactive substances from DRUM sites, including the recovery of uranium, in order to protect human health and the environment; and
(ii) that utilizes a technology that the Nuclear Regulatory Commission has approved for use through a multi-site license after having issued a finding of no significant impact with respect to the technology.
(B) Exclusion.--The term "remediation" does not include the extraction of new ore or the development of new mining or milling operations.
(5) Secretary of the interior.--The term "Secretary of the Interior" means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
(b) Remediation and Recovery of Legacy Uranium Waste on Federal Land.--
(1) In general.--Not later than 9 months after the date of enactment of this Act, the Chief of the Forest Service and the Secretary of the Interior, each in conjunction with the Secretary of Energy, shall revise section 228.4(a)(1) of title 36 and section 3809.5(1) of title 43, Code of Federal Regulations, respectively, to authorize NRC service providers to access DRUM sites on Federal land for the purpose of remediation and recovery of uranium.
(2) Regulatory frameworks.--In carrying out the revisions required under paragraph (1), the Chief of the Forest Service and the Secretary of the Interior shall use existing regulatory frameworks applicable to activities resulting in no or negligible disturbance and not requiring a notice of intent to operate or plan of operations pursuant to part 228 of title 36 and part 3809 of title 43, Code of Federal Regulations (or successor regulations), respectively.
(3) No or negligible surface disturbance.--Activity carried out by a NRC service provider within a DRUM site pursuant to a revision required under paragraph (1) shall be deemed to result in no or negligible surface disturbance, subject to the condition that the activity does not involve the expansion of existing mine pits or the creation of new mine workings.
(4) Applicability of other law.--Notwithstanding any requirement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if activity carried out within a DRUM site pursuant to a revision required under paragraph (1) is carried out by an NRC service provider, no site-specific environmental assessment (as defined in section 111 of that Act (42 U.S.C. 4336e)) with respect to that activity shall be required.
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SA 6172. Mr. ROUNDS 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:
Text printed in the Record (773 characters)
At the appropriate place in title VIII, insert the following:
SEC. __. PREFERENCE FOR DOMESTICALLY MANUFACTURED DISPLAYS IN
CRITICAL APPLICATIONS.
(a) In General.--Beginning October 1, 2027, the Secretary of Defense shall give preference in procurement to displays manufactured in the United States with supply chains substantially independent of the People's Republic of China and Taiwan when procuring displays for--
(1) classified programs;
(2) forward-deployed combat systems; and
(3) command and control systems designated as critical infrastructure.
(b) Waiver.--The Secretary may waive the requirement under subsection (a) if the Secretary certifies that no domestic or allied source is available and the procurement is essential to national security.
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SA 6173. Mr. ROUNDS 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:
Text printed in the Record (2,222 characters)
At the appropriate place in title II, insert the following:
SEC. ___. DOMESTIC MICROLED DISPLAY MANUFACTURING PILOT
PROGRAM.
(a) Establishment.--Not later than March 1, 2027, the Under Secretary of Defense for Acquisition and Sustainment shall establish a competitive pilot program to assess the feasibility and advisability of supporting the development of domestic manufacturing capability for direct-view displays utilizing microscale (less than 100 microns) light emitting diodes (microLED Displays), liquid crystal displays (LCD), and organic light-emitting diodes (OLED) for Department of Defense applications.
(b) Goals.--The goals of the pilot program established under subsection (a) are the following:
(1) To reduce dependence on liquid crystal displays made in the People's Republic of China and Taiwan.
(2) To support advanced semiconductor assembly techniques for panel-level manufacturing.
(3) To demonstrate direct-view microLED Display performance for defense applications.
(c) Support.--The Under Secretary shall carry out the pilot program required by subsection (a) through the provision of support to participants in the pilot program.
(d) Applications.--A person seeking to participate in the pilot program required by subsection (a) shall submit to the Under Secretary an application therefor at such time, in such manner, and containing such information as the Under Secretary may require.
(e) Selection Priority.--In selecting participants for the pilot program, the Under Secretary shall give priority to applicants under subsection (d) who--
(1) demonstrate existing advanced direct-view microLED Display manufacturing capability and intellectual property;
(2) commit to establishing manufacturing facilities within the United States;
(3) utilize supply chains independent of the People's Republic of China and Taiwan;
(4) have demonstrated commercial partnerships with Department organizations; and
(5) provide substantial private sector co-investment.
(f) Report.--Not later than one year after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a report on the pilot program established under subsection (a).
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SA 6174. Mr. CRAMER (for himself and Mr. Kim) 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:
Text printed in the Record (8,230 characters)
At the end of division A, add the following:
SEC. 1701. SHORT TITLE.
This title may be cited as the "Bureau of Industry and Security License Administration Enhancement Act".
SEC. 1702. ENHANCEMENT OF ADMINISTRATION OF EXPORT CONTROL
LICENSES.
Part I of the Export Control Reform Act of 2018 (50 U.S.C. 4811 et seq.) is amended by adding at the end the following:
"SEC. 1769. ENHANCEMENT OF ADMINISTRATION OF EXPORT CONTROL
LICENSES.
"(a) Enhancement of Administration of Certain Communications.--
"(1) In general.--The Secretary shall administer any export control license or other authorization considered pursuant to an is-informed letter or similar targeted regulatory guidance or supplemental license requirement communication sent to a United States person or foreign person by the same interagency process as any license or other authorization administered pursuant to the Export Administration Regulations.
"(2) Publication.--Not later than 60 days after issuing a license or other authorization described in paragraph (1), the is-informed letter or similar targeted regulatory guidance or supplemental license requirement communication with respect to the license or authorization shall terminate unless the Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, publishes in the Code of Federal Regulations a regulation that provides for the parameters of the letter or guidance or publishes in the Federal Register the communication.
"(b) Standards and Factors for Presumption of Denial Standard.--
"(1) In general.--Not later than 90 days after the date of the enactment of this section, the Secretary shall publish in the Federal Register the standards and factors that licensing officers should consider when considering a license under a presumption of denial standard.
"(2) Submission to congress.--Not later than 7 days prior to the date the Secretary publishes or otherwise makes available to the public such standards and factors, the Secretary shall submit such standards and factors to--
"(A) the Committee on Foreign Affairs of the House of Representatives; and
"(B) the Committee on Banking, Housing, and Urban Affairs of the Senate.".
SEC. 1703. EXPORT CONTROL TECHNICAL ADVISORY COMMITTEES.
Section 1754 of the Export Control Reform Act of 2018 (50 U.S.C. 4813) is amended by adding at the end the following new subsection:
"(g) Technical Advisory Committees.--
"(1) Duties.--The technical advisory committees shall advise the Secretary on--
"(A) the security and stability of global technology supply chains;
"(B) national security challenges for the United States related to particular technologies;
"(C) technical parameters for export controls;
"(D) the extent to which existing and proposed export controls achieve the policy of the United States described in section 1752;
"(E) the identification of emerging and foundational technologies pursuant to section 1758;
"(F) improvements to export licensing procedures, compliance mechanisms, and export enforcement strategies; and
"(G) any other matter requested by the Secretary.
"(2) Required committees.--The Secretary shall appoint a technical advisory committee for each of the following topics:
"(A) Computing technologies and information systems, including semiconductors, microelectronics, artificial intelligence, and quantum computing.
"(B) Biotechnologies.
"(C) Automation, including robotics, advanced manufacturing, and autonomous systems.
"(D) Aerospace and space technologies.
"(E) Advanced materials.
"(F) Weapons of mass destruction.
"(G) Emerging and foundational technologies.
"(H) Regulations and procedures.
"(3) Subcommittees.--The Secretary may appoint subcommittees for any technical advisory committee.
"(4) Committee review.--Beginning on the date that is 2 years after the date of the enactment of this subsection, the Secretary may, in coordination with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, revise the number of technical advisory committees or adjust the topics of existing committees as necessary.
"(5) Choosing committees.--The Secretary, in coordination with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall adjust the topics of the technical advisory committees to reflect relevant executive branch strategies and critical technology lists, such as the National Security Strategy and the National Defense Strategy.
"(6) Membership.--
"(A) In general.--Each technical advisory committee shall consist of technical specialists from a relevant industry, national security experts, and academic experts in a relevant field.
"(B) Term.--The term of a member on a technical advisory committee shall be 3 years.
"(C) Non-disclosure agreement.--No individual may serve as a member of a technical advisory committee unless such individual has entered into a binding non-disclosure agreement with the Secretary that prohibits the individual from making an unauthorized disclosure of proprietary information, policy deliberations, and national security information communicated through or related to a technical advisory committee.
"(D) Staffing.--The Secretary shall process applications to join any technical advisory committee in a timely manner.
"(7) Meetings.--Each technical advisory committee shall meet not less frequently than once every 120 days.
"(8) Webpage.--The Bureau of Industry and Security shall maintain on the website of the Bureau a webpage describing each technical advisory committee, including the membership of each such committee.
"(9) Technology and policy assessment.--Each technical advisory committee shall, not less frequently than annually, submit to the Secretary, the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the appropriate congressional committees--
"(A) an assessment of developments within the purview of the technical advisory committee; and
"(B) recommendations related to the purview of the technical advisory committee for advancing the national security and foreign policy interests of the United States.
"(10) Definitions.--In this subsection:
"(A) 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.
"(B) Technical advisory committee.--The term `technical advisory committee' means a technical advisory committee appointed pursuant to subsection (a)(13).".
SEC. 1704. REVIEW AND REPORT REGARDING CONTROLLED INTEGRATED
CIRCUITS.
(a) Review.--The Secretary, in consultation with the Secretary of State, Secretary of Defense, and Secretary of Energy, shall review the implementation of the interim final rule of the Bureau of Industry and Security of the Department of Commerce entitled "Implementation of Additional Due Diligence Measures for Advanced Computing Integrated Circuits; Amendments and Clarifications; and Extension of Comment Period", published in the Federal Register on January 16, 2025 (90 Fed. Reg. 5298; Docket No. 250108-0013), or any substantially similar successor rule, and consider any appropriate update or change to such rule to ensure that such rule is implemented effectively and fulfills the initial policy intent of such rule.
(b) Report.--Not later than 120 days after the date of the enactment of this Act, Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall submit to the appropriate congressional committees a report on--
(1) the findings of the review required under subsection (a); and
(2) any change to the rule described in such subsection that has been made.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) Secretary.--The term "Secretary" means the Secretary of Commerce, acting through the Under Secretary for Industry and Security.
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SA 6175. Mrs. CAPITO (for herself, Mrs. Shaheen, Mr. Justice, Ms. Rosen, Mr. Booker, and 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:
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At the appropriate place in title X, insert the following:
SEC. 10__. PILOT PROGRAM ON INCLUSION OF CERTAIN NON-OPIOID
PAIN MEDICATIONS IN THE NATIONAL FORMULARY OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Commencing not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program (in this section referred to as the "pilot program") under which the Secretary shall include one or more non-opioid pain management drugs or biological products in the national formulary of the Department of Veterans Affairs not later than the earlier of--
(1) one year after the date on which the non-opioid pain management drug or biological product becomes eligible for temporary additional payment under section 1833(t)(16)(G) of the Social Security Act (42 U.S.C. 1395l(t)(16)(G)) or eligible for separate payment under section 416.174 of title 42, Code of Federal Regulations (or successor regulations); or
(2) 18 months after the date on which the non-opioid pain management drug or biological product is approved by the Food and Drug Administration.
(b) Duration.--The Secretary shall carry out the pilot program for a three-year period beginning on the commencement of the pilot program.
(c) Annual Review.--
(1) In general.--The Secretary shall--
(A) annually review the non-opioid pain management drugs or biological products included in the national formulary of the Department of Veterans Affairs under the pilot program; and
(B) remove such a drug or product from the national formulary if--
(i) the risk of side effects is found to be significant; or
(ii) there are any changes to the status of the approval of the drug or product by the Food and Drug Administration.
(2) Reports to congress.--Not later than 30 days after reaching any decision to remove a non-opioid pain management drug or biological product from the national formulary under paragraph (1)(B), the Secretary shall submit to Congress a report that--
(A) identifies the drug or product; and
(B) explains the rationale for the decision.
(d) Report.--Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that includes the following:
(1) An analysis of the rates during the pilot program of opioid utilization when non-opioid pain management drugs or biological products were utilized versus non-utilized during and after surgery, including prescription refills, as compared to such rates during
the three years preceding the date of the enactment of this Act.
(2) An analysis of the rates during the pilot program of the utilization of non-opioid pain management drugs or biological products during surgery, as compared to such rates during the three years preceding the date of the enactment of this Act.
(3) A comparison of the total cost of healthcare resource utilization in the form of emergency department utilization, re-admission, and discharge to an inpatient rehabilitation or skilled nursing facility when utilizing non-opioid pain management drugs or biological products versus non-utilization.
(4) A recommendation on whether to continue or end the pilot program.
(5) Any concerns or issues that have arisen from the requirement to include one or more non-opioid pain management drugs or biological products in the national formulary of the Department of Veterans Affairs.
(e) Non-opioid Pain Management Drug or Biological Product Defined.--In this section, the term "non-opioid pain management drug or biological product" means a drug or biological product approved, granted, or cleared by the Food and Drug Administration to reduce postoperative pain, to produce postsurgical or regional analgesia, or to treat acute pain, without acting upon the body's opioid receptors.
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SA 6176. Mrs. CAPITO (for herself, Mr. Husted, and Mr. Moran) 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:
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At the appropriate place, insert the following:
SEC. ___. REPEAL OF MODIFICATION TO DEFINITION OF ADJUSTED
TAXABLE INCOME FOR PURPOSES OF THE LIMITATION
ON BUSINESS INTEREST.
(a) In General.--Section 163(j)(8)(A) of the Internal Revenue Code of 1986, as amended by Public Law 119-21, is amended by inserting "and" at the end of clause (iv) and by striking clause (vi).
(b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2025.
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SA 6177. Mrs. CAPITO 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:
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At the appropriate place, insert the following:
SEC. __. 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".
(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".
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SA 6178. Mrs. CAPITO 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:
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At the appropriate place, insert the following:
SEC. __. NATIONAL STRATEGY FOR SCHOOL SECURITY ACT.
(a) Short Title.--This section may be cited as the "National Strategy for School Security Act".
(b) National Strategy to Secure Schools From Threats of Terrorism.--
(1) In general.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following:
"SEC. 2220F. NATIONAL STRATEGY TO SECURE SCHOOLS FROM
THREATS OF TERRORISM.
"(a) In General.--To assist in the domestic preparedness for and response to acts of terrorism and to coordinate Federal efforts to secure elementary schools and secondary schools (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), not later than 1 year after the date of enactment of the National Strategy for School Security Act, the Secretary, in consultation and cooperation with the Secretary of Education and the heads of other appropriate Federal agencies and departments, shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Homeland Security and the Committee on Education and Workforce of the House of Representatives a national school security strategy (in this section referred to as the `strategy').
"(b) Updates.--
"(1) In general.--The Secretary, in consultation and cooperation with the Secretary of Education and the heads of other appropriate Federal agencies and departments, shall, if appropriate, annually through 2034, update the strategy and brief the committees specified in subsection (a) concerning any such update.
"(2) Certification.--If the Secretary determines no such updates to be appropriate, the Secretary shall submit to such committees a certification attesting thereto.
"(c) Contents.--The strategy, including any updates thereto, shall--
"(1) account for and describe all Federal programs, projects, activities, and authorities to secure elementary and secondary schools from acts of terrorism, including the associated spending levels of such Federal programs, projects, activities, and authorities;
"(2) identify specific school security vulnerabilities related to acts of terrorism within the United States, and delineate goals for closing such security vulnerabilities;
"(3) describe actions to be taken to achieve such goals and the means necessary to do so, including steps to reform, improve, and streamline existing efforts to align the current threat environment to elementary and secondary schools; and
"(4) build upon existing or ongoing evaluations and avoid unnecessary duplication by reviewing the findings, conclusions, and recommendations of other appropriate working groups, committees, commissions, or entities established by the Department related to efforts to secure elementary and secondary schools against terrorism within the United States and ensure domestic preparedness for and the response to terrorism.".
(2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 2220E the following:
"Sec. 2220F. National strategy to secure schools from threats of terrorism.". ______
SA 6179. Mr. FETTERMAN (for himself and Mr. McCormick) 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:
Text printed in the Record (2,302 characters)
At the appropriate place in title X, insert the following:
SEC. 10___. 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.".
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SA 6180. Mr. PADILLA (for himself and Mr. Cramer) 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:
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At the appropriate place, insert the following:
SEC. __. AGENT MEMBERSHIP.
Section 304(b)(2) of the Federal Credit Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking "all those credit unions" and inserting "any such credit unions".
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SA 6181. Mr. WARNOCK (for himself 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:
Text printed in the Record (1,463 characters)
At the end of part I of subtitle F of title V, insert the following:
SEC. 553. EXPANSION OF ELIGIBILITY FOR ENROLLMENT IN
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY
SCHOOLS.
Section 2164(n) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking "Reserve Components" and inserting "Armed Forces";
(2) in paragraph (1)--
(A) by striking "at the military installation that is the permanent station of such member";
(B) by striking "automatically";
(C) by inserting ", on a tuition-free basis," after "granted enrollment"; and
(D) by striking "shall" each place it appears and inserting "may"; and
(3) by striking paragraph (2) and inserting the following:
"(2) A member described in this paragraph is a member of the armed forces--
"(A) serving on active duty or full-time National Guard duty;
"(B) not residing on an installation supported by a school established under this section; and
"(C) who has relocated to the member's permanent station pursuant to an order for a permanent change of station accompanied by dependents.
"(3) This subsection--
"(A) applies only with respect to schools located within the several States; and
"(B) does not apply with respect to schools--
"(i) on installations selected under subsection (c) of section 2164b of this title for participation in the program under subsection (a) of that section; or
"(ii) located in the territories or possessions of the United States.".
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SA 6182. Mr. WARNOCK 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:
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At the appropriate place, insert the following:
SEC. __. RECORDS RELATING TO THE SURVEILLANCE OF DR. MARTIN
LUTHER KING, JR.
(a) Findings.--Congress finds that--
(1) Dr. Martin Luther King, Jr. was the subject of an egregious and invasive campaign of government surveillance, undertaken without judicial review;
(2) surveillance recorded the private conversations of Dr. Martin Luther King, Jr and others; and
(3) in light of the extensive historical and congressional review of Dr. Martin Luther King, Jr. and the government surveillance carried out against him, the historical value of the records at issue is duplicatable and does not outweigh the harm to the privacy interests of the recorded individuals.
(b) Definitions.--In this section:
(1) Archivist.--The term "Archivist" means the Archivist of the United States.
(2) Covered records.--The term "covered records" means any tapes or documents in the custody of any Federal agency relating to the surveillance by the Federal Bureau of Investigation of Dr. Martin Luther King, Jr., that were the subject of the order of the United States District Court for the District of Columbia filed on January 31, 1977.
(c) Access for the King Children.--On the day after the last day on which the covered records are required to be kept under seal under the order described in subsection (b)(2), the Archivist shall grant the surviving children of Dr. Martin Luther King, Jr. exclusive access to view the covered records, in consultation with expert historians and archivists.
(d) Sealing and Public Release.--
(1) Sealing.--The Archivist shall keep under seal each covered record for 60 years beginning on the day after the last day on which the covered records are required to be kept under seal.
(2) Public release.--After the conclusion of the 60-year period described in paragraph (1), the covered records shall be subject to public release and dissemination by the Archivist pursuant to the usual protocols used by the Archivist for the release of records.
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SA 6183. Mr. WARNOCK (for himself 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:
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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 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), by striking "Funds available" through "for that year" and inserting "The Secretary concerned may use funds from any available source to pay for installation-support services"; 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 `Federal agency' means any department, independent establishment, commission, authority, board bureau, office, administrative unit, or other entity of the Federal Government.
"(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.".
______
SA 6184. Mr. WARNOCK 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:
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At the appropriate place in title II, insert the following:
SEC. ___. COMPREHENSIVE PROGRAM TO BUILD PIPELINE OF
QUALIFIED INDIVIDUALS FOR DEPARTMENT OF DEFENSE
SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS WORKFORCE.
(a) Comprehensive Program Required.--The Secretary of Defense shall, acting through an Under Secretary of Defense whom the Secretary shall designate for purposes of this section, carry out a comprehensive program to build a pipeline of United States individuals with science, technology, engineering, or mathematics qualifications to fill job vacancies within the Department of Defense in shipbuilding, aerospace, computer science, cybersecurity, and such other fields as the Secretary considers appropriate.
(b) SMART Program Increase.--In carrying out the program required by subsection (a), the Secretary shall increase the number of Science, Mathematics, and Research for Transformation (SMART) Scholarship-for-Service Program participants that are funded by the Department of Defense to 10,000.
(c) Use of ROTC.--The Secretary shall draw from the Reserve Officer Training Corps who are pursuing programs of education in science, technology, engineering, or mathematics for the pipeline built under subsection (a).
(d) Partnerships.--In carrying out the subsection (a), the Secretary shall establish partnerships between Department of Defense laboratories and the colleges and universities of the United States, including community colleges, women's colleges, and historically Black colleges or universities.
(e) Apprenticeships and Internship Programs.--In carrying out subsection (a), the Secretary shall enhance apprenticeship and internship programs so that the participants in such programs are ready to serve in the Armed Forces on their first day of service in the Armed Forces, regardless of academic institution from which they matriculate.
(f) Diversification of Qualifications.--The Secretary shall ensure that the pipeline built under the comprehensive program required by subsection (a) encompasses more than just inviduals pursuing programs of education leading to a degree, but also individuals pursuing programs of education other than programs of education leading to a degree, such as programs of education leading to technical certificates, and programs of education leading to a postgraduate degree.
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SA 6185. Mr. BOOKER 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. SHORE-TO-SHIP AUTOMATIC MARITIME COMMUNICATION
NETWORK.
(a) In General.--The Commandant of the Coast Guard shall procure a services contract with a private entity to advance the implementation, operation, and maintenance of a nationwide shore-to-ship automatic maritime communication network along State and territorial coastlines for public and private use--
(1) to support navigation; and
(2) to communicate critical safety, security, environmental, marine mammal, and waterways management information directly to all vessels that are required to carry, or that elect to carry, an Automatic Identification System.
(b) Requests for Messaging.--The Commandant shall establish procedures by which other Federal agencies, State, local, Tribal, and territorial governments, and other public and private stakeholders may request messaging through the network.
(c) Use of Existing Infrastructure.--In carrying out subsection (a), the Commandant shall, to the maximum extent practicable--
(1) leverage shore-to-ship Automatic Identification System stations that, as of the date of the enactment of this Act, are operated by private or non-Federal entities under permits issued by the Coast Guard and the Federal Communications Commission;
(2) ensure that a services contract entered into under that subsection provides for the continued operation of such existing stations if such continued operation is consistent with the technical, operational, and coverage requirements of the network; and
(3) avoid duplication of shore-to-ship Automatic Identification System coverage already provided by such existing stations.
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SA 6186. Mr. WARNER (for himself and Ms. Murkowski) 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:
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At the appropriate place in subtitle E of title V, insert the following:
SEC. ___. 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.
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SA 6187. Mr. WARNER 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:
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At the appropriate place, insert the following:
SEC. ___. PROTECTING AMERICA'S WORKFORCE.
(a) Nullification of Executive Orders Relating to Exclusions From Federal Labor-management Relations Programs.--Executive Order 14251 (90 Fed. Reg. 14553; relating to exclusions from Federal labor-management relations programs) and Executive Order 14343 (90 Fed. Reg. 42683; relating to further exclusions from the Federal labor-management relations program) shall have no force or effect, and no Federal funds may be obligated or expended to carry out either such Executive order.
(b) Collective Bargaining Agreements.--Any collective bargaining agreement in effect as of March 26, 2025, between any agency in the executive branch of the Federal Government and any labor organization that is an exclusive representative of Federal employees shall have full force and effect through the stated term of the applicable agreement.
______
SA 6188. Mr. WARNER 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:
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At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON THE USE OF CERTAIN ARTIFICIAL
INTELLIGENCE MODELS ACROSS THE FEDERAL
GOVERNMENT.
(a) Definitions.--In this section:
(1) Administrator.--The term "Administrator" means the Administrator of General Services.
(2) Appropriate congressional committees.--The term "appropriate congressional committees" means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on the Judiciary of the House of Representatives.
(3) Artificial intelligence model.--The term "artificial intelligence model" means a capability or combined series of capabilities that can generate realistic image or video outputs for a given set of objectives, prompts, or input.
(4) Artificial intelligence risk management framework.--The term "Artificial Intelligence Risk Management Framework" means the Artificial Intelligence Risk Management Framework, or any successor document, and any associated guidance or publications issued under section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h-1).
(5) Child pornography.--The term "child pornography" has the meaning given the term in section 2256 of title 18, United States Code.
(6) Child sexual abuse material.--The term "child sexual abuse material"--
(A) means child pornography; and
(B) an intimate visual depiction of an individual who is less than 18 years of age.
(7) Covered application.--The term "covered application" means an artificial intelligence model that the Administrator of General Services or the head of a Federal agency determines--
(A) is not in compliance with--
(i) the standards document of the National Institute of Standards and Technology National Institute of Standards and Technology numbered "NIST AI 600-1" and entitled "Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile" with respect to non-consensual intimate imagery or child sexual abuse material within "obscene, degrading, and/or abusive content"; or
(ii) a comparably robust successor standard or framework with respect to synthetic child sexual abuse material or non-consensual intimate images of adults;
(B) is subject to a determination by a Federal court that the artificial intelligence model has generated content depicting child pornography; or
(C) is subject to a determination by a Federal court that the artificial intelligence model has generated non-consensual intimate visual depictions of an identifiable adult.
(8) Developer.--The term "developer" means a person that develops an artificial intelligence model, including any person that materially modifies and subsequently distributes an artificial intelligence model.
(9) Federal agency.--The term "Federal agency" has the meaning given the term "agency" in section 3502 of title 44, United States Code.
(10) Intimate visual depiction.--The term "intimate visual depiction" has the meaning given the term in section 1309 of the Violence Against Women Act Reauthorization Act of 2022 (15 U.S.C. 6851).
(11) Technical control.--The term "technical control" means a technical control, or series of technical controls, to prevent the ability of any publicly released version of an artificial intelligence model to generate child pornography.
(b) Establishment of Performance Benchmarks.--
(1) Performance benchmark.--
(A) In general.--Not later than 90 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall initiate a process to establish performance benchmarks, consistent with the Artificial Intelligence Risk Management Framework Generative Artificial Intelligence Profile, to prevent the generation of obscene, degrading, and abusive content, including synthetic child sexual abuse material and non-consensual intimate images of adults.
(B) Updates.--The Director of the National Institute of Standards and Technology shall update, on a periodic basis, the performance benchmarks established under subparagraph (A) to address changes in technology and circumvention practices.
(2) Testing program.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall establish a voluntary vendor test program consistent with the performance benchmarks established under subparagraph (A).
(c) Prohibition on Federal Acquisition or Use of Covered Applications.--
(1) In general.--The head of a Federal agency may not procure a covered application or use such application on an information technology system operated by such Federal agency or by a contractor of such Federal agency.
(2) Implementation.--
(A) Initial removal.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall--
(i) remove any covered application from each information technology system operated by the Federal agency; and
(ii) ensure that each contractor of the Federal agency removes any covered application from each information technology system operated by the contractor.
(B) Subsequent removals.--Not later than 180 days after the date on which the Administrator or the head of a Federal agency determines that an artificial intelligence model constitutes a covered application, including as a result of a review performed under paragraph (3), the head of each Federal agency shall carry out the requirements of clauses (i) and (ii) of subparagraph (A) with respect the covered application.
(3) Continuous evaluation of available products and services.--
(A) General services administration.--Effective on the date that is 1 year after the date of enactment of this Act, and not less frequently than every 90 days thereafter, the Administrator shall review each product or service offered within a contract vehicle or purchasing program maintained by the General Services Administration to determine whether the product or service includes a covered application.
(B) Agency procurement review.--Effective on the date that is 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, the Chief Acquisition Officer or a senior procurement executive of each Federal agency shall review each product or service used by the Federal agency to determine whether the product or service constitutes a covered application.
(d) Safeguards.--
(1) In general.--If an artificial intelligence model that is determined to constitute a covered application lacks a vendor capable of making necessary technical modifications to the artificial intelligence model in order to remove the status of the artificial intelligence model as a covered application, including for the purpose of subsection (e), the head of each Federal agency may implement additional technical and compliance safeguards, including those described in Reducing Risks Posed by Synthetic Content (NIST AI 100-4) or any successor publication, with respect to the artificial intelligence model that effectively prevent the use of the an artificial intelligence model for the generation of child pornography or non-consensual intimate visual depictions of an identifiable adult.
(2) Certification required.--With respect to the head of a Federal agency who implements safeguards described in paragraph (1) on a covered application, not later than 30 days after the date of such implementation, the head of the Federal agency shall issue a public certification that those safeguards are sufficient to prevent the misuse of the covered application for the generation of child pornography or non-consensual intimate visual depictions of an identifiable adult.
(3) Congressional notification.--Not later than 7 days after the date on which the head of a Federal agency issues a certification under paragraph (2), the head of the Federal agency shall submit to the appropriate congressional committees a notification of the certification that identifies the safeguards described in paragraph (1).
(e) Cure.--If the Administrator or the head of a Federal agency determines that an artificial intelligence model constitutes a covered application, the Administrator or the head of the Federal agency may offer the vendor of the artificial intelligence model an opportunity to modify the artificial intelligence model in order to remove the status of the artificial intelligence model as a covered application at the cost of the vendor to avoid the removal required under subsection (c)(2).
(f) Limited Safe Harbor.--
(1) Limited developer safe harbor.--
(A) In general.--Subject to paragraph (2), the developer of an artificial intelligence model that possesses or produces child pornography solely for the purpose of developing a good faith technical control shall be deemed to not be in violation of section 2251 or section 1466A of title 18, United States Code.
(B) Limitations.--Any child pornography material possessed or generated by the developer of an artificial intelligence model, as described in subparagraph (A)--
(i) may not be retained longer than necessary to develop a technical control and in no instance longer than--
(I) with respect to an electronic communication service provider, 1 year; and
(II) with respect to any other entity, 30 days;
(ii) shall be reported to the CyberTipline of the National Center for Missing and Exploited Children;
(iii) shall be handled in accordance with the guidelines issued by the Attorney General under paragraph (2); and
(iv) may not be used for a purpose other than to develop a technical control.
(2) Guidelines.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall issue guidelines for compliance with paragraph (1) by developers of artificial intelligence models that--
(A) define practices constituting good faith activity;
(B) define instances that are indicia a developer has not acted in good faith, including--
(i) instances in which a technical control developed pursuant to paragraph (1)(A) is not materially robust; and
(ii) instances in which a developer has refused or taken materially ineffective measures to address circumvention behavior described in paragraph (3); and
(C) clarify circumstances under which criminal liability under section 2251 or section 1466A of title 18, United States Code, may still apply, such as in instances of reckless or negligent conduct.
(3) Prohibition on products and services for circumvention.--No person may deliberately manufacture, import, or offer to the public a technology, product, service, device, component, or part thereof that--
(A) is primarily designed or produced and promoted for the purpose of circumventing, removing or tampering with a technical control;
(B) has only limited commercially significant or expressive purpose or use other than to circumvent, remove or tamper with a technical control and is promoted for a purpose described in subparagraph (A); or
(C) is marketed by the person or another party acting in concert with the person with the knowledge of the person for use in circumventing, removing or tampering with a technical control.
(4) Private right of action.--
(A) In general.--The following persons may commence a civil action in an appropriate district court of the United States:
(i) An individual whose image or likeness is contained in any child pornography and who is injured by a developer mishandling such child pornography in violation of paragraph (1).
(ii) An individual who has been injured by a developer failing to implement sufficiently robust technical controls to prevent their image or likeness from being used to generate child pornography, or been injured by
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any person who has generated child pornography with the image or likeness of that individual, in violation of paragraph (3).
(iii) A developer whose technical controls are subverted by a person in violation of paragraph (3).
(B) Powers of the court.--In an action brought under subparagraph (A), the court--
(i) may grant temporary and permanent injunctions on such terms as it determines reasonable to prevent or restrain a violation, but in no event shall impose a prior restraint on free speech or the press protected under the First Amendment to the Constitution of the United States;
(ii) at any time while an action is pending, may order the impounding, on such terms as it determines reasonable, of any device or product that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation;
(iii) may award damages under subparagraph (C);
(iv) in its discretion may allow the recovery of costs by or against any party other than the United States or an officer thereof;
(v) in its discretion may award reasonable attorney's fees to the prevailing party; and
(vi) may, as part of a final judgment or decree finding a violation, order the remedial modification or the destruction of any device or product involved in the violation that is in the custody or control of the violator or has been impounded under clause (ii).
(C) Award of damages.--
(i) In general.--Except as otherwise provided in this section, a person committing a violation of this section is liable for either--
(I) the actual damages and any additional profits of the violator, as provided in clause (ii), or
(II) statutory damages, as provided in clause (iii).
(ii) Actual damages.--In an action brought under this paragraph, the court shall award to the complaining party the actual damages suffered by the party as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages, if the complaining party elects such damages at any time before final judgment is entered.
(iii) Statutory damages.--At any time before final judgment is entered in a case brought under this paragraph, a complaining party may elect to recover an award of statutory damages of $50,000.
(D) Repeated violations.--In any action brought under this paragraph in which the injured party sustains the burden of proving, and the court finds, that a person has violated this section within 3 years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just.
(E) Innocent violations.--In an action brought under this paragraph, the court in its discretion may reduce or remit the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that its acts constituted a violation.
______
SA 6189. Mr. WARNER 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:
Text printed in the Record (4,070 characters)
At the appropriate place, insert the following:
SEC. ___. FLEXIBLE WORK ARRANGEMENTS FOR CERTAIN FEDERAL
EMPLOYEES.
(a) Flexible and Compressed Work Schedules.--
(1) In general.--Subchapter II of chapter 61 of title 5, United States Code, is amended--
(A) in section 6122--
(i) in the section heading, by striking "agencies authorized to use" and inserting "agency usage";
(ii) by amending subsection (a) to read as follows:
"(a)(1) Notwithstanding section 6101 of this title, each agency--
"(A) may establish, in accordance with this subchapter, programs that allow the use of flexible schedules that include--
"(i) designated hours and days during which an employee on such a schedule must be present for work; and
"(ii) designated hours during which an employee on such a schedule may elect the time of such employee's arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday; and
"(B) shall establish programs described in subparagraph (A) that allow the use of a flexible schedule, as described in that subparagraph, by a covered employee, the spouse of whom is deployed.
"(2) An election by an employee referred to in paragraph (1)(A)(ii), and the participation by a covered employee in a program established under paragraph (1)(B), shall be subject to limitations generally prescribed to ensure that the duties and requirements of the position of the applicable employee are fulfilled."; and
(iii) by adding at the end the following:
"(c) In this section--
"(1) the term `covered employee' means an employee, the spouse of whom is a member of the uniformed services; and
"(2) the term `deployed'--
"(A) with respect to a member of the armed forces, means that the member is deployed or in a deployment within the meaning of section 991(b) of title 10, including any definition of `deployment' prescribed under paragraph (4) of that section; and
"(B) with respect to a member of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, has the meaning given the term by the Secretary concerned, as defined in section 101 of title 37.";
(B) in section 6130(a), by adding at the end the following:
"(3) Notwithstanding any other provision of this subsection, no collective bargaining agreement may fail to provide for the use of a flexible or compressed work schedule that is required to be allowed section 6122(a)(1)(B).";
(C) in section 6131(d), by inserting "or that are required to be allowed under section 6122(a)(1)(B)" after "under this subchapter"; and
(D) in section 6133(b), by adding at the end the following:
"(3) The materials, aids, and assistance under paragraph (1) shall include information that an agency shall provide to covered employees, as defined in subsection (c) of section 6122, regarding the rights of those covered employees under subsection (a)(1)(B) of that section.".
(2) Technical and conforming amendment.--The table of sections for subchapter II of chapter 61 of title 5, United States Code, is amended by striking the item relating to section 6122 and inserting the following:
"6122. Flexible schedules; agency usage.". (b) Telework.--Chapter 65 of title 5, United States Code, is amended--(1) in section 6502(b)--(A) in paragraph (5), by striking "and" at the end; (B) in paragraph (6), by striking the period at the end and inserting "; and"; and (C) by adding at the end the following: "(7) allow an employee, the spouse of whom is a member of the uniformed services, to telework while that spouse is deployed, as defined in section 6122(c)."; and (2) in section 6505(b)--(A) in paragraph (2)(C), by striking "and" at the end; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2)(C) the following: "(3) provide information to employees, the spouses of whom are members of the uniformed services, regarding the rights of those employees under section 6502(b)(7).". ______
SA 6190. Mr. WARNER 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:
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At the end of subtitle B of title XXVIII, add the following:
SEC. 2829. DESIGNATION OF CRITICAL HOUSING AREAS AND
COMMUNITY PARTNERSHIP RESPONSE PLANS.
Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2869 the following new section:
"Sec. 2869a. Critical housing areas and community
partnership response plans
"(a) Designation of Critical Housing Areas.--The Secretary of Defense shall establish a process to identify and designate geographic areas in the vicinity of military installations in which shortages of available and affordable housing materially affect members of the armed forces and their families. Any area so designated shall be known as a `critical housing area'.
"(b) Factors for Consideration.--
"(1) In general.--In carrying out the designation of critical housing areas under subsection (a), the Secretary of Defense shall develop criteria for such designation that includes, at a minimum, the following factors:
"(A) Rental vacancy rates.
"(B) Housing cost burdens borne by members of the armed forces and their families.
"(C) Availability of housing suitable for families of different sizes and for junior enlisted members of the armed forces.
"(D) Length and burden of commuting patterns.
"(E) Availability of temporary lodging and transition housing options.
"(F) Barriers to housing production or occupancy, including land-use, zoning, infrastructure, permitting, transportation, utility, and school-capacity constraints.
"(G) Such other factors as the Secretary determines appropriate.
"(2) Public comment.--The Secretary shall solicit and include in the criteria developed under paragraph (1) public comments from stakeholders.
"(c) Publication and Updates.--The Secretary of Defense shall--
"(1) maintain a list of critical housing areas designated under subsection (a);
"(2) update such list not less frequently than annually; and
"(3) submit to the congressional defense committees notice of each new designation, redesignation, or termination of designation under subsection (a), together with a brief explanation of the basis therefor.
"(d) Community Partnership Response Plan.--
"(1) In general.--For each critical housing area designated under subsection (a), the Secretary concerned, acting through the relevant installation commander or commanders, shall develop a community partnership response plan.
"(2) Consultation.--In developing a response plan under paragraph (1), the Secretary concerned shall consult, as appropriate, with--
"(A) State, local, Tribal, and territorial governments;
"(B) public housing agencies, housing finance agencies, and housing authorities;
"(C) metropolitan planning organizations and regional planning bodies;
"(D) transit, utility, and infrastructure authorities;
"(E) partners in providing housing under subchapter IV of this chapter, as appropriate; and
"(F) such other public or private entities as the Secretary concerned determines appropriate.
"(3) Required elements of plan.--Each community partnership response plan under paragraph (1) shall include--
"(A) an assessment of local housing market conditions affecting members of the armed forces and their families;
"(B) identification of the principal drivers of housing unaffordability, housing shortage, or housing inaccessibility in the area;
"(C) an assessment of local regulatory, land-use, infrastructure, transportation, utility, school-capacity, or permitting barriers affecting housing availability;
"(D) a description of Federal, State, local, and private tools already in use to address such barriers;
"(E) recommended near-term and long-term actions to improve housing supply, affordability, or access;
"(F) estimated costs and potential sources of support for such actions;
"(G) measurable outcomes and implementation timelines; and
"(H) any recommendations for administrative or legislative action.
"(e) Coordination With Existing Authorities.--The Secretary of Defense shall ensure, to the maximum extent practicable, that activities under this section are coordinated with other authorities of the Department of Defense relating to housing (including housing under subchapter IV of this title), installation-community partnerships, and intergovernmental support.
"(f) Annual Report.--Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report setting forth--
"(1) each critical housing area designated under subsection (a);
"(2) the status of each community partnership response plan developed under subsection (d);
"(3) early performance outcomes associated with activities assisted under this section; and
"(4) any statutory or regulatory barriers identified by installations or communities.".
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SA 6191. Ms. BALDWIN 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:
Text printed in the Record (742 characters)
At the appropriate place in title XXVIII, insert the following:
SEC. 28____. FUNDING FOR ALL-WEATHER ATHLETICS FACILITY ON
FORT MCCOY, MONROE COUNTY, WISCONSIN.
(a) In General.--The amount authorized to be appropriated by section 2103(a) and available as specified in the funding table in section 4601 for design of a fitness center at Fort McCoy, Monroe County, Wisconsin, shall be used instead for construction of an all-weather athletics facility and increased by $15,300,000.
(b) Offset.--The amount authorized to be appropriated by section 2103(a) and available as specified in the funding table in section 4601 for construction of a vehicle maintenance shop on the Kadena Air Base, Japan, is hereby decreased by $17,000,000.
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SA 6192. Ms. BALDWIN 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:
Text printed in the Record (4,466 characters)
At the end of subtitle E of title VIII, add the following:
SEC. 885. RECIPROCAL DEFENSE PROCUREMENT AGREEMENTS.
(a) Consultation Process.--
(1) In general.--The Secretary of Defense shall, in consultation with the Made in America Office, the Secretary of State, the Secretary of Commerce, and the Office of the United States Trade Representative, develop an interagency process for the initiation and negotiation of new Reciprocal Defense Procurement Agreements (in this section referred to as "Agreements") and for the ongoing monitoring, evaluation, and renewal of existing agreements. This process shall be documented in written policies and procedures.
(2) Elements.--The consultation process developed pursuant to paragraph (1) shall include the following elements:
(A)(i) Formal public and congressional notification shall be provided at least 120 prior to the beginning of negotiations with a foreign country regarding a prospective Agreement (or upon the beginning of considering an existing Agreement for renewal).
(ii) The Secretary of Defense shall provide draft negotiating text to the appropriate congressional committees at least 30 days prior to entering into negotiations for a prospective Agreement.
(iii)(I) The Secretary of Defense shall issue a Federal Registrar notice soliciting public comments at least 90 days prior to beginning negotiations regarding a prospective Agreement (or upon the beginning of considering an existing Agreement for renewal).
(II) The public comment period shall be open for at least 60 days and close not later than 30 days prior to beginning negotiations with a foreign country.
(III) The Secretary if Defense shall provide a briefing on the public comments to the appropriate congressional committees prior to beginning negotiations of a new Agreement or extension of an existing Agreement.
(B) Notification to the appropriate congressional committees not later than 90 days before signing a new Agreement and not later than 60 days before renewing an existing Agreement.
(C) The Secretary of Defense shall publish online the text of a negotiated Agreement, whether new or renewal of an existing Agreement, for at least 60 days prior to signing.
(D) A process to solicit feedback from United States companies that the Made in America Office and Bureau of Industry and Security deem sufficient to meet industry needs.
(E) A process to assess and monitor the effects of Agreements, including those already in place, on United States defense technology and the United States industrial base, including the industrial workforce, with reports to Congress every 5 years.
(F) Guidance to offices with the Department of Commerce that emphasize sound economic reasoning and rigorous methodology to evaluate prospective and existing Agreements.
(b) Termination of Automatic Extensions and Reevaluation of Existing Agreements.--The Secretary of Defense shall renegotiate existing Agreements to remove provisions that automatically extend Agreements and shall ensure that all existing Agreements terminate not less than two years after the date of the enactment of this Act unless reextended.
(c) Oversight of Application of Buy American Act Waivers for Countries With Expired Agreements.--
(1) In general.--The Secretary of Defense shall--
(A) to the fullest extent possible, implement chapter 83 of title 41, United States Code (commonly known as the "Buy American Act"), and all domestic preference laws with respect to any financial award or contract of the Department of Defense; and
(B) shall not waive the Buy American Act for countries with expired Agreements, including Italy.
(2) Made in america office oversight.--The Made in America Office shall take steps to ensure that the Department of Defense is appropriately implementing the Buy American Act and domestic preference laws, including with respect to countries with expired Agreements.
(d) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Finance, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.
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SA 6193. Ms. BALDWIN 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:
Text printed in the Record (700 characters)
At the appropriate place in title VIII, insert the following:
SEC. 8____. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE
MANUFACTURED IN THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
Section 4864(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following:
"(G) Auxiliary equipment, including pumps, for all shipboard services.
"(H) Propulsion system components, including engines, shafting, reduction gears, and propellers.
"(I) Shipboard cranes.
"(J) Spreaders for shipboard cranes.
"(K) Air circuit breakers.
"(L) Auxiliary chill water systems.";
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
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SA 6194. Ms. BALDWIN 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:
Text printed in the Record (1,763 characters)
At the appropriate place in subtitle E of title X, insert the following:
SEC. ____. 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.
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SA 6195. Ms. BALDWIN 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:
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At the end of division A, add the following:
SEC. 1701. SHORT TITLE.
This title may be cited as the "Foreign Investment Review Monitoring and Commitment Tracking Oversight Board Act" or the "FIRM Commitment Tracking Oversight Board Act".
SEC. 1702. DEFINITIONS.
In this title:
(1) Covered foreign investment commitment.--The term "covered foreign investment commitment" means a commitment by a foreign country to invest in the United States made--
(A) as part of a trade agreement;
(B) in response to tariffs, embargoes, or other punitive trade measures imposed or having the potential to be imposed pursuant to--
(i) section 122, 201, 232, 301, or 406 of the Trade Act of 1974; or
(ii) any other trade or economic authority of the United States; or
(C) as a result of negotiations or solicitations with representatives of the executive branch or any individual acting on behalf of or at the behest of the executive branch, including any persons affiliated with the executive branch.
(2) Covered investment.--The term "covered investment" means an investment intended by the person making the investment, the government of the country in which such person is located, or the United States Government to count towards a covered foreign investment commitment.
(3) Family member.--With respect to an individual, the term "family member" has the meaning given that term in section 9832(d) of the Internal Revenue Code of 1986.
(4) FIRA.--The term "FIRA" means the Foreign Investment Review Authority.
(5) Net economic benefit.--With respect to an investment, the investment provides a "net economic benefit" to the United States if the investment--
(A) promotes domestic growth and production;
(B) creates and retains quality jobs in the United States;
(C) creates and retains jobs that are accessible to workers without a college degree, such as through a registered apprenticeship program or other workforce training program;
(D) does not contribute to creating greater global or domestic excess capacity in the applicable sector of the economy;
(E) does not undermine existing businesses in the United States, including by undermining such businesses' ability to compete domestically or internationally; and
(F) creates integrated demand for domestically-sourced materials and does not primarily promote the creation or continuance of an assembly facility utilizing foreign-produced components.
(6) Obligation date.--With respect to a covered foreign investment commitment, the obligation date is the date on which the commitment is made.
(7) Person.--The term "person"--
(A) has the meaning given that term in section 1 of title 1, United States Code; and
(B) includes an entity or government.
(8) Qualified investment.--The term "qualified investment" means an investment that qualifies to count towards a covered foreign investment commitment, as determined by FIRA under section 1706.
(9) Quality job.--With respect to an investment, the term "quality job" means a job--
(A) that provides at least 30 hours of work per week;
(B) that is a job with compensation that--
(i) is equal to or exceeds the compensation of existing similarly-situated jobs in the United States;
(ii) except with respect to a managerial job, includes a wage that is higher than the median wage of the State in which the job is located (or, if not located in a State, the nearest State); and
(iii) includes comprehensive health care, defined benefit pension, and other family-sustaining benefits; and
(C) located at a facility in the United States where the employer--
(i) ensures neutrality in any union organizing drive; and
(ii) with respect to an investment where the investing person has a union or employees works council at any facility in the home country of the person, provides similar opportunities to employees located at such United States facility as are provided at the facility in the home country.
(10) Registered apprenticeship program.--The term "registered apprenticeship program" means an apprenticeship 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.) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations.
(11) State.--The term "State" means each of the several States, the District of Columbia, and each territory of the United States.
SEC. 1703. FOREIGN INVESTMENT REVIEW AUTHORITY.
(a) Establishment.--There is established the Foreign Investment Review Authority.
(b) Board of Directors.--
(1) Members.--The head of FIRA shall be a board of directors consisting of the following:
(A) The Chair, who shall be appointed by the President, by and with the advice and consent of the Senate;
(B) A designee of the Secretary of Commerce.
(C) A designee of the Attorney General.
(D) A designee of the Secretary of Labor.
(E) Four members appointed by the President, by and with the advice and consent of the Senate, from among individuals who are not of the same political party as the President.
(2) Term.--Each member of the board of directors of FIRA shall serve a 4-year term.
(c) Conflicts of Interest.--FIRA shall establish conflict of interest requirements applicable to the members of the board of directors and the employees of FIRA that ensure there are no conflicts of interest regarding the review of investments by FIRA.
(d) Office of the Chief Ethics Officer.--
(1) In general.--There is established within FIRA the Office of the Chief Ethics Officer, which shall be headed by the Chief Ethics Officer.
(2) Appointment.--The Chief Ethics Officer shall be appointed by FIRA, subject to the advice and consent of the Senate.
(3) Term.--The Chief Ethics Officer shall serve a 6-year term.
(4) Removal authority.--The Chief Ethics Officer may only be removed for gross misconduct.
(e) Public Oversight Board.--
(1) Establishment.--There is established within the Office of the Chief Ethics Officer a Public Oversight Board.
(2) Members.--The Public Oversight Board shall consist of the following:
(A) One member appointed by the Speaker of the House of Representatives.
(B) One member appointed by the Minority Leader of the House of Representatives.
(C) One member appointed by the Majority Leader of the Senate.
(D) One member appointed by the Minority Leader of the Senate.
(E) One member representing organized labor organizations, appointed by the members appointed under subparagraphs (A) through (D).
(3) Term.--The term of a member of the Public Oversight Board shall be 3 years, and an individual may not serve as a member of the Public Oversight Board for more than one term in any 10-year period.
(f) Complaint Process.--
(1) In general.--The Chief Ethics Officer shall establish a method for persons to submit complaints to the Chief Ethics Officer or Public Oversight Board. Both the Officer and the Board shall create mechanisms for such complaints to be received by identified persons or anonymous persons.
(2) Deadline for response.--The Chief Ethics Officer and the Public Oversight Board shall respond to each complaint received under this subsection within the 30-day period beginning on the date the complaint was received, and such response shall include a substantive adjudication as to the merits of the complaint.
(g) Rulemaking Authority.--FIRA may issue such rules as may be necessary to carry out this title.
SEC. 1704. IDENTIFICATION OF COVERED FOREIGN INVESTMENT
COMMITMENTS.
(a) In General.--FIRA shall identify all covered foreign investment commitments and make available to the public on a website--
(1) a list of such commitments, including the name of the investing person (including any beneficial owners thereof), the name of the person receiving the investment (including any beneficial owners thereof), and the location of the commitment;
(2) the amount of each such commitment;
(3) the obligation date of each such commitment;
(4) activities performed under any qualified investments with respect to each such commitment;
(5) any potential or actual conflicts of interests examined or identified in the context of--
(A) each such commitment; and
(B) any qualified investment with respect to each such commitment; and
(6) any other relevant information specified by the board of directors of FIRA.
(b) Initial Covered Foreign Investment Commitments.--On the date of enactment of this Act, the following covered foreign investment commitments shall be deemed to exist:
(1) A covered foreign investment commitment by the People's Republic of China by the U.S.-China Board of Trade or Board of Investment or any comparable institution, whether formal or informal in nature, in an amount and with an obligation date as determined by FIRA.
(2) A covered foreign investment commitment by Japan in the amount of $550,000,000,000, with the obligation date of the date of enactment of this Act.
(3) A covered foreign investment commitment by South Korea in the amount of $350,000,000,000, with the obligation date of the date of enactment of this Act.
(4) A covered foreign investment commitment by Taiwan in the amount of $500,000,000,000 with the obligation date of the date of enactment of this Act.
SEC. 1705.
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NOTICE REQUIREMENTS.
(a) Investor Notice Requirement.--
(1) In general.--Each person making an investment that the person believes is a covered investment shall--
(A) at the beginning of the investment--
(i) notify FIRA in writing of the investment;
(ii) notify FIRA in writing of the covered foreign investment commitment to which the covered investment relates; and
(iii) provide FIRA in writing with--
(I) a list of the owners of the person making the investment, including beneficial owners thereof;
(II) a list of the owners of the person receiving the investment, including beneficial owners thereof;
(III) a list of any financial advisers involved in making the investment;
(IV) a list of any persons participating in the financing or underwriting of the investment; and
(V) a list of any other interested parties to the investment; and
(B) provide FIRA with written quarterly updates on the investment until the investment is complete.
(2) Requirement applicable to all covered investments.--Any person making an investment that FIRA determines is a covered investment shall be subject to the requirements under paragraph (1) regardless of whether the person believes the investment is a covered investment.
(3) Exception for certain unavailable information.--If a person is required to provide information under paragraph (1)(A)(iii) that the person does not have at the time the person is required to provide the information, the person may instead provide FIRA with such information not later than 5 days after the information becomes known to such person.
(4) Attestation requirement.--With respect to each notice and update required under this subsection, both a senior official of the person making the investment and a senior official of the recipient of the investment shall file a signed attestation stating whether--
(A) the investment provides a net economic benefit to the United States;
(B) with respect to each element of the net economic benefit definition described in subparagraphs (A) through (F) of section 1702(5), the investment meets such element; and
(C) the persons making, receiving, or negotiating the investment have complied with any applicable ethics and transparency rules issued under section 1708.
(b) Disclosures by Senior Government Officials.--The President, Vice President, and each cabinet level official shall file a disclosure with FIRA if they determine or have reason to believe that they or any family member is a beneficiary of any covered investment or any investment that they believe is a covered investment.
(c) Distribution of Notices.--FIRA shall ensure that the Chief Ethics Officer and the Public Oversight Board have real-time access to all notices, updates, attestations, and disclosures made under this section.
(d) Civil Penalty.--In addition to such other penalties that may be available, including section 1001 of title 18, United States Code, any person that fails to make a notice, update, or attestation, required under this section, or who knowingly fails to file a disclosure required under this section, or commits a material misstatement or omission in connection with the foregoing, shall be subject to--
(1) in the case of a notice, update, or attestation required under this section, a fine in an amount not to exceed 10 percent of the value of the investment; or
(2) in the case of a disclosure required under this section, a fine in an amount not to exceed 10 percent of the value of the undisclosed interest.
SEC. 1706. REVIEW OF INVESTMENTS.
(a) In General.--
(1) In general.--In accordance with this section, FIRA shall review investments to determine--
(A) which investments are covered investments; and
(B) which investments qualify as a qualified investment.
(2) Review.--
(A) Required review of certain investments.--If a person making or receiving an investment, a foreign government, the President, or the head of a Federal agency notifies FIRA that an investment is a covered investment, FIRA shall determine--
(i) whether such investment is a covered investment; and
(ii) whether such investment is a qualified investment.
(B) Identification of other investments.--
(i) By fira.--FIRA may review any investment that FIRA identifies as possibly being a covered investment or qualified investment.
(ii) Petition process.--FIRA shall establish a petition process under which interested parties may petition FIRA to review a specific investment.
(iii) Standard of review for undeclared investments.--With respect to an investment for which FIRA was not provided notice under section 1705 and that FIRA has determined is a covered investment, the parties to the investment may provide evidence to FIRA that the investment is not a covered investment and FIRA shall revoke the determination if the parties prove by clear and convincing evidence that the investment is not a covered investment.
(b) Qualified Investment Determination.--
(1) In general.--FIRA may only determine that a covered investment is a qualified investment if--
(A) the Chief Ethics Officer determines that the parties to the investment have complied with any applicable ethics and transparency rules issued under section 1708 or otherwise required under this title;
(B) FIRA determines that the investment provides a net economic benefit to the United States; and
(C) the investment is not prohibited from being a qualified investment under paragraph (3).
(2) Heightened review of certain investments.--FIRA shall provide heightened review for a investment if the person making or receiving the investment is located in a covered nation, as such term is defined in section 4872(f) of title 10, United States Code.
(3) Prohibition on certain investments.--An investment is not a qualified investment if--
(A) the person making or receiving the investment is itself, is a subsidiary or parent company of, or is otherwise directly or indirectly controlled by--
(i) an entity listed on the UFLPA Entity List maintained by the Department of Homeland Security pursuant to the Uyghur Forced Labor Prevention Act;
(ii) an entity subject to an active, modified, or partially modified Withhold Release Order issued by the U.S. Customs and Border Protection; or
(iii) a person or entity with respect to which an entity described in clause (i) or (ii) holds a stake of fifteen percent or greater;
(B) the investment violates or could reasonably lead to a violation of a Federal ethics law, including section 208 of title 18, United States Code;
(C) FIRA determines that the investment more likely than not was entered into based on a foreign government's or foreign government official's desire to confer a personal financial benefit on a government official in the United States; or
(D) the investment allows for subsequent investments using all or part of the original investment and delegates the decision-making authority for such subsequent investments to another person, unless such other person executes a binding agreement to comply with the same requirements of this title with respect to such subsequent investments as are applicable to a qualified investment.
(4) Exception for certain investments.--FIRA may determine that an investment is a qualified investment under paragraph (1) without determining that the investment provides a net economic benefit to the United States if it is an investment in--
(A) bonds issued by the Federal government, a State, or any subdivision of a State; or
(B) a diversified fund of publicly-traded securities that tracks a major market index.
(5) Investors subject to certain orders.--
(A) In general.--Notwithstanding paragraph (1), if FIRA determines that the person making an investment or the person receiving an investment is subject to a Federal antidumping duty order, countervailing duty order, or court order in connection with the violation of Federal intellectual property laws--
(i) FIRA may not determine that such investment is a qualified investment unless FIRA enters into a mitigation agreement with the person subject to such order; and
(ii) FIRA shall revoke such a determination if FIRA determines that--
(I) the person has failed to comply with the mitigation agreement; or
(II) the person is continuing the violation with respect to which the order was issued.
(B) Mitigation agreement terms.--In entering into any mitigation agreement under this paragraph, FIRA shall ensure the agreement includes an appropriate penalty clause, which may require the payment of a penalty, the divestment of property related to the investment, or the unwinding of the investment.
(C) Review of mitigation agreements.--FIRA shall review any mitigation agreement entered into under this paragraph not less often than quarterly.
(c) Treatment of Charitable Donations.--A charitable donation to an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code is not a covered investment or a qualified investment.
(d) Right to Appeal Determinations and Mitigation Agreements.--
(1) Appeal with fira.--
(A) In general.--A person receiving an investment may appeal a determination under this section that the investment is or is not a qualified investment or the terms of a mitigation agreement proposed by FIRA by filing an appeal with FIRA.
(B) Limitation.--Notwithstanding subparagraph (A), a determination by FIRA that an investment is not a qualified investment may only be appealed based on a claim of a factual error or a procedural or due process violation.
(C) Supermajority decision required.--In an appeal made pursuant to subparagraph (A), FIRA may only overturn the determination or terms of the mitigation agreement by a vote of at least 6 members of the board of directors.
(2) Appeal of determinations with united states district court.--A determination by FIRA under this section that an investment is or is not a qualified investment, including with respect to the reasonableness of FIRA's determination with respect to factors such as net economic benefit or the creation of quality jobs or FIRA's compliance or noncompliance with procedural safeguards under this title, may be challenged in a United States district court of competent jurisdiction by--
(A) the person receiving the investment;
(B) the Chief Ethics Officer;
(C) a member of the Public Oversight Board; and
(D) any person harmed by the investment or who faces a tangible risk of being harmed by the investment.
(e) Petition for Redetermination.--A person making a covered investment that FIRA has determined is not a qualified investment may, if the investor makes material changes to the investment proposal, petition FIRA for a redetermination of whether the covered investment is a qualified investment.
(f) Review Period for Qualified Investments.--FIRA shall continue to review a qualified investment for a 30-day period beginning on the date that FIRA determines the investment is a qualified investment in order to assess the net economic benefit to the United States provided by the qualified investment, including jobs created by the qualified investment.
(g) Public Notice.--FIRA shall maintain a public website with a list of all investments that FIRA has reviewed and, with respect to each investment, stating whether FIRA has determined it is a covered investment, a qualified investment, both, or neither.
(h) Interagency Consultations.--In carrying out this section--
(1) FIRA may consult with any Federal agency; and
(2) a Federal agency shall reasonably cooperate with FIRA with any information requested by FIRA to assist in FIRA's duties prescribed under this section, subject to such safeguards as may be necessary to protect classified or law enforcement information.
SEC. 1707.
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MEDIATION AND PROHIBITION AUTHORITY.
(a) Mandatory Mediation Authority.--With respect to each covered investment that FIRA determines is not a qualified investment, FIRA may require mediation between FIRA and the person making the covered investment in order to agree on new terms for the investment that would allow FIRA to determine that the investment is a qualified investment.
(b) Prohibition Authority.--FIRA may suspend or prohibit any covered investment that is not a qualified investment.
SEC. 1708. APPLICATION OF FEDERAL ETHICS AND TRANSPARENCY
LAWS.
(a) Application to Parties to Covered Investments.--FIRA shall issue rules to apply the Federal ethics and transparency laws to any person (including a Federal agency or foreign government) making, receiving, or negotiating a covered investment or an investment that the person believes is a covered investment, but only to the extent such person is taking actions in connection with such investment.
(b) Specific Laws.--The Federal ethics and transparency laws described in subsection (a) shall, at a minimum, include the following:
(1) Chapter 131 of title 5, United States Code.
(2) Subchapter III of chapter 73 of title 5, United States Code.
(3) Sections 201, 203, 205, 207, 208, and 209 of title 18, United States Code.
(4) Section 2635.502 of title 5, Code of Federal Regulations.
(5) Sections 552 and 552b of title 5, United States Code.
SEC. 1709. FULFILLMENT OF COVERED FOREIGN INVESTMENT
COMMITMENTS.
(a) Public Notice.--FIRA shall maintain, and regularly update, on the website described in section 1704(a), a calculation of the amount of all qualified investments related to a covered foreign investment commitment.
(b) Failure to Fulfill Covered Foreign Investment Commitments.--If, after the end of the 4-year period beginning on the obligation date of a covered foreign investment commitment, the amount of qualified investments related to such covered foreign investment commitment is less than the covered foreign investment commitment amount, the President shall enter into negotiations with the country that made the covered foreign investment commitment to address the deficit.
SEC. 1710. REPORTING REQUIREMENTS.
(a) Annual Report to Congress.--
(1) In general.--FIRA shall issue an annual report to the Congress containing--
(A) information on the investments reviewed by FIRA; and
(B) any trends or risks identified by FIRA.
(2) Classification.--Each report required under paragraph (1) shall be in unclassified form, but may include a classified annex.
(b) Semiannual Report to the Public.--FIRA shall issue a semiannual public report containing the following:
(1) The progress made in implementing this title and identifying qualified investments.
(2) An identification of the jobs created by qualified investments, including, for each such investment--
(A) the compensation provided by such jobs;
(B) unionization information related to such jobs; and
(C) whether foreign employees have been brought into the United States to work directly at a facility funded by the investment or through a contractor.
(3) An identification of the inputs used in any production facility resulting from a qualified investment and the origination of such inputs.
(4) With respect to mitigation agreements entered into by FIRA--
(A) the compliance of the other parties to the mitigation agreement with the terms of the agreement; and
(B) any actions taken by FIRA to enforce the terms of a mitigation agreement.
(c) Quarterly Report by the Chief Ethics Office.--The Chief Ethics Officer shall issue a quarterly report to Congress, and make such report available to the public online, containing a list of all complaints received by the Chief Ethics Office of Public Oversight Board and the resolution of each such complaint.
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SA 6196. Mr. WYDEN (for himself, Mr. Fetterman, Mr. Cassidy, Mr. Booker, Mr. McCormick, Mrs. Britt, and Mr. Justice) 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:
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At the appropriate place, insert the following:
SEC. ___. ENHANCED CYBERSECURITY FOR SNAP.
(a) Short Title.--This section may be cited as the "Enhanced Cybersecurity for SNAP Act of 2026".
(b) Definition of EBT Card.--Section 3(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(i)) is amended by inserting "(or any successor electronic benefit transfer product)" before the period at the end.
(c) Enhanced Cybersecurity and Online Transaction Security for EBT Cards.--Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended by adding at the end the following:
"(15) Cybersecurity of ebt cards.--
"(A) Definitions.--In this paragraph:
"(i) Chip-enabled.--
"(I) In general.--The term `chip-enabled', with respect to a payment card, means a payment card that uses industry standard secure payment technology, as identified by the Secretary, in consultation with the Secretary of the Treasury and the Director of the National Institute of Standards and Technology, that--
"(aa) provides for secure card-based payment; and "(bb) is resistant to cloning.
"(II) Chip card technology.--The Secretary, in consultation with the Secretary of the Treasury and the Accredited Standards Committee X9, shall consider whether the secure payment technology described in subclause (I) should meet the industry standards for contact and contactless payments.
"(ii) Mobile friendly.--The term `mobile friendly' has the meaning given the term in section 3559(b) of title 44, United States Code.
"(iii) NIST pin and password standards.--The term `NIST PIN and password standards' means the PIN and password standards described in Special Publication 800-63B entitled `Digital Identity Guidelines' (or a successor document) of the National Institute of Standards and Technology.
"(iv) PIN.--The term `PIN' has the meaning given the term `personal identification number (PIN)' in section 271.2 of title 7, Code of Federal Regulations (or a successor regulation).
"(B) Regulations.--
"(i) In general.--Not later than 2 years after the date of enactment of this paragraph, the Secretary shall promulgate, and every 5 years thereafter, the Secretary shall review and update as necessary, cybersecurity and digital service regulations relating to EBT cards and mobile technologies under the supplemental nutrition assistance program, including, at a minimum, to ensure that cybersecurity measures for EBT cards and mobile technologies keep pace with security safeguards used by the private sector and required by Federal agencies for credit, debit, and other payment cards and mobile technologies.
"(ii) Requirements.--The Secretary shall ensure that the cybersecurity and digital service regulations described in clause (i) require the following:
"(I)(aa) Each State agency shall operate the user interfaces listed on the list of required user interfaces maintained by the Secretary under item (dd)(AA), in accordance with this subclause, 1 or more user interfaces of which households in the State may, at the election of the applicable household, use to manage the EBT account of the applicable household.
"(bb)(AA) A State agency may operate other user interfaces under item (aa) in addition to the required user interfaces on the list maintained by the Secretary under item (dd)(AA).
"(BB) Any web-based online portal operated by a State agency as a user interface shall be mobile friendly.
"(cc) Each user interface offered by a State agency under items (aa) and (bb), as applicable, shall--
"(AA) provide information in each language in which the State agency is required to make material available pursuant to section 272.4(b) of title 7, Code of Federal Regulations (or a successor regulation);
"(BB) be available to households at least 99 percent of the time; and
"(CC) include any other features required by the Secretary.
"(dd)(AA) The Secretary shall maintain a list of required user interfaces for purposes of item (aa), which may include a web-based online portal and a mobile application.
"(BB) During the 10-year period following the date on which the regulations promulgated pursuant to clause (i) become final, unless the Secretary extends that period, the Secretary shall maintain on the list under subitem (AA) the following user interfaces: text message, voice telephone service, and United States Postal Service mail.
"(II)(aa) Each State agency shall provide to households on an opt-in basis--
"(AA) through each digital user interface offered under subclause (I), timely electronic notice of transactions using the EBT account of the household; and
"(BB) through digital or practicable user interfaces offered under subclause (I), access to, including the ability to search, historical transactions for not less than the preceding 12 months.
"(bb) Transaction information under subitems (AA) and (BB) of item (aa) shall include the amount of the transaction, the merchant for the transaction, and the city and State of the merchant.
"(cc) Each State agency shall offer households the ability, through each user interface offered under subclause (I), to report a fraudulent transaction to the State agency.
"(dd) A State agency shall not require a household to respond to or acknowledge a notice of transaction delivered pursuant to item (aa)(AA).
"(ee) A State agency shall notify any household that has reported an instance of EBT card skimming or fraud, or is otherwise identified as being a victim of EBT card skimming or fraud, of--
"(AA) any State or Federal funds that may be reimbursed if the household experiences fraud again; and
"(BB) the ability of the household to apply fraud-prevention measures.
"(III) Each State agency shall provide households issued an EBT card the ability to check, through each user interface offered under subclause (I), the enrollment status of the household.
"(IV) Except as provided in clause (iii)(I), not later than 2 years after the date on which the regulations promulgated pursuant to clause (i) become final, State agencies shall begin issuing chip-enabled EBT cards.
"(V) Except as provided in clause (iii)(I), not later than 4 years after the date on which the regulations promulgated pursuant to clause (i) become final, State agencies may not issue new EBT cards with magnetic stripes.
"(VI) Except as provided in subclauses (I) and (II) of clause (iii), not later than 5 years after the date on which the regulations promulgated pursuant to clause (i) become final, State agencies shall be required to reissue any existing valid EBT cards with magnetic stripes as chip-enabled EBT cards without magnetic stripes.
"(VII) In the case of a chip-enabled EBT card reissued pursuant to any of subclauses (IV) through (VI), absent suspicion of fraud, as applicable, a State agency shall--
"(aa) reissue a new chip-enabled EBT card; and
"(bb) deactivate the current chip-enabled EBT card on the earlier of--
"(AA) the date on which the new chip-enabled EBT card is activated; and
"(BB) 90 days after the date on which the new chip-enabled EBT card is sent to the household.
"(iii) Exceptions.--
"(I) Waivers.--The Secretary may issue a 1-time waiver of an applicable deadline described in subclause (IV), (V), or (VI) of clause (ii) with respect to a State agency, subject to the conditions that--
"(aa) the State agency shall submit to the Secretary a request for the waiver;
"(bb) the Secretary and the State agency shall agree that insufficient adoption of payment terminals that accept chip-enabled EBT cards has occurred among retail food stores in the State;
"(cc) the waiver may extend the applicable deadline by not more than 180 days; and
"(dd) the Secretary may not issue more than 2 waivers pursuant to this subclause for a single State agency.
"(II) Early adopters.--The deadline described in clause (ii)(VI) shall not apply to any State agency that commenced the issuance of chip-enabled EBT cards without magnetic stripes before the date of enactment of the Enhanced Cybersecurity for SNAP Act of 2026.
"(iv) Sunset for requirement to use chip technology.--
"(I) In general.--Except as provided in subclause (II), under the cybersecurity regulations described in clause (i), all EBT cards issued during the 5-year period beginning on the deadline for carrying out clause (ii)(VI) shall be chip-enabled, unless the Secretary--
"(aa) provides a waiver for the applicable State agency pursuant to clause (iii)(I); or
"(bb) extends that period for all State agencies.
"(II) Exceptions.--Subclause (I) shall not apply to EBT cards issued--
"(aa) by a State agency described in clause (iii)(II);
"(bb) to victims of a disaster pursuant to section 5(h); or
"(cc) solely for benefits under the summer electronic benefits transfer for children program established under section 13A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1762).
"(III) Successor electronic benefit transfer products.--Effective beginning on the first day after the 5-year period described in subclause (I), the Secretary may implement a successor electronic benefit transfer product to a chip-enabled EBT card required under this subparagraph pursuant to a review of EBT card security measures conducted under clause (i).
"(v) Rule of construction.--The cybersecurity and digital service regulations described in clause (i) shall supersede any regulations promulgated pursuant to section 501(a)(2) of division HH of the Consolidated Appropriations Act, 2023 (7 U.S.C.
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2016a(a)(2)).
"(C) Reimbursement.--Notwithstanding any other provision of this Act, each State agency upgrading EBT cards to comply with the regulations promulgated pursuant to subparagraph (B)(i) shall receive full reimbursement from the Secretary for all reasonable costs incurred by the State agency during the 5-year period beginning on the date on which the regulations become final, including--
"(i) the 1-time up-front costs paid by the State agency to EBT card vendors;
"(ii) the additional annual fees associated with chip-enabled cards paid by State agencies to EBT card vendors; and
"(iii) postage or other delivery-related costs.
"(D) Prohibition on password and pin requirements inconsistent with federal cybersecurity standards.--Effective beginning on the date that is 1 year after the date of enactment of this paragraph, a State agency may not require, with respect to a PIN for use of an EBT card or a password for access to an online account or mobile application managing the EBT card, that--
"(i) the PIN or password be periodically changed in circumstances that are prohibited by the NIST PIN and password standards; or
"(ii) the password meet complexity requirements that are prohibited by the NIST PIN and password standards.
"(E) Grant program for chip-enabled ebt cards.--
"(i) Definitions.--In this subparagraph:
"(I) Administering entity.--The term `administering entity' means an entity awarded a grant under clause (ii) to provide subgrants to eligible entities.
"(II) Eligible entity.--The term `eligible entity' means--
"(aa) an entity described in paragraph (1) or (3) of section 3(o) that--
"(AA) is authorized to participate in the supplemental nutrition assistance program under section 9;
"(BB) does not have payment terminals that accept chip-enabled EBT cards; and
"(CC) is located in an area with limited grocery access, as determined by the Secretary; and
"(bb) an entity described in paragraph (2), (4), or (5) of section 3(o) that meets the requirements described in subitems (AA) and (BB) of item (aa).
"(ii) Grants.--The Secretary shall establish a grant program to award a grant to an administering entity to provide subgrants to eligible entities to upgrade to chip-compatible payment terminals that support contact and contactless payment card technology.
"(iii) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subparagraph $15,000,000 for each of fiscal years 2027 through 2031.
"(iv) Sunset.--The grant program under this subparagraph shall terminate on September 30, 2031.
"(F) Public reports.--
"(i) In general.--Not later than 1 year after the date of enactment of this paragraph, and every 2 years thereafter during the 5-year period beginning on the date on which the regulations promulgated pursuant to subparagraph (B)(i) become final, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, and make publicly available on the website of the Department of Agriculture, a report that, to the maximum extent practicable--
"(I) identifies trends relating to the theft of benefits, including--
"(aa) the frequency of theft of benefits;
"(bb) the locations at which EBT cards are compromised;
"(cc) the methods by which EBT cards are compromised;
"(dd) the number and value of reported thefts from online EBT card transactions; and
"(ee) the relevant online retailers most commonly compromised;
"(II) evaluates the effectiveness of existing cybersecurity regulations for the supplemental nutrition assistance program, including identifying ineffective measures and the compliance burden borne by individual benefit recipients;
"(III) describes--
"(aa) the measures and methods developed, and considerations taken, under paragraph (16)(A); and
"(bb) the determinations made under paragraph (16)(B)(ii);
"(IV) describes the efforts of State agencies--
"(aa) to update cybersecurity measures for EBT cards; and "(bb) to reimburse stolen benefits;
"(V) examines usability issues of EBT cards, including issues that present barriers to households using benefits or affect fraud prevention goals; and
"(VI) recommends potential new methods to consistently detect, track, report, and prevent theft of benefits, including theft of data described in paragraph (16)(A)(i)(I).
"(ii) Restricted annex.--A publicly available report under this subparagraph--
"(I) shall exclude any information that--
"(aa) relates to methods to exploit EBT card and cybersecurity weaknesses, as determined by the Secretary; or
"(bb) is identifying or proprietary merchant information; but
"(II) may include information described in subclause (I) in a nonpublicly available annex.
"(16) Online transaction security.--
"(A) In general.--In promulgating and updating, as necessary, the regulations under paragraph (15)(B)(i), the Secretary shall, with respect to online transactions using EBT cards--
"(i) require security measures that--
"(I) are effective in detecting and preventing theft of benefits through online transactions, including the theft of data from online merchants that may compromise the ability of a household to use benefits in transactions with other merchants, either online or in-person; and
"(II) prevent sensitive data from being stolen during online transactions and securely manage sensitive data generated by online transactions, including through cybersecurity enhancements for online retailers;
"(ii) establish standard reporting methods for State agencies to collect and share with the Secretary data on the scope of benefits and data being stolen through online transactions; and
"(iii) in carrying out clauses (i) and (ii), take into consideration the feasibility of cost, availability, and implementation for State agencies.
"(B) Consultation.--In carrying out subparagraph (A), the Secretary shall consult with the Director of the Administration for Children and Families, the Attorney General of the United States, the Director of the Secret Service, State agencies, retail food stores, and EBT card contractors--
"(i) regarding the measures, methods, and considerations under that subparagraph; and
"(ii) to determine--
"(I) how benefits are being stolen and sensitive data are being compromised through online transactions; and
"(II) how those stolen benefits and data are being used.".
(d) Ensuring No Loss of Access to Benefits Due to EBT Card Damage, Loss, or Fraud.--Section 7(h)(7) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(7)) is amended--
(1) by striking "Regulations" and inserting the following:
"(A) In general.--Regulations"; and
(2) by adding at the end the following:
"(B) Ensuring no loss of access to benefits due to ebt card damage, loss, or fraud.--Not later than 1 year after the date of enactment of the Enhanced Cybersecurity for SNAP Act of 2026, the Secretary shall promulgate regulations requiring the following:
"(i) If an EBT card is damaged, no longer functions properly, is stolen, or is frozen due to fraud, the applicable State agency shall take the necessary steps to ensure that a replacement EBT card is issued to the applicable household, either by mail or in person, as selected by the household, not later than 5 business days after the State agency receives from the household a request for a replacement EBT card.
"(ii) A State agency shall not require, but may offer as an option, in-person collection of a new or replacement EBT card.".
(e) No Replacement Fees for Certain EBT Cards.--Section 7(h)(8)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(8)(A)) is amended--
(1) by striking "A State agency" and inserting the following:
"(i) In general.--Subject to clauses (ii) and (iii), a State agency"; and
(2) by adding at the end the following:
"(ii) Exceptions.--Effective beginning on the date that is 60 days after the date of enactment of the Enhanced Cybersecurity for SNAP Act of 2026, a State agency may not collect a charge under clause (i) if--
"(I) the EBT card to be replaced has not been replaced for any reason more than 3 times during the 1-year period ending on the date on which the replacement EBT card is issued; or
"(II) the replacement of the EBT card is due to--
"(aa) theft of, or fraud relating to, the EBT card; or
"(bb) required replacement in compliance with the regulations promulgated pursuant to paragraph (15)(B)(i).
"(iii) Amount.--The amount of a charge under clause (i) shall be equal to not more than the cost of issuing the replacement EBT card.".
(f) Requirement for Retailer Use of Chip-enabled Payment Terminals as a Condition of SNAP Participation.--Section 9(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(a)) is amended--
(1) in paragraph (2)--
(A) by striking "(2) The Secretary" and inserting the following:
"(2) Regulations.--The Secretary"; and
(B) by indenting the margins of subparagraphs (A) and (B) appropriately;
(2) by indenting the margin of paragraph (3) appropriately; and
(3) by adding at the end the following:
"(5) Chip-enabled payment terminals.--
"(A) In general.--Except as provided in subparagraph (B), not later than 180 days after the date on which the regulations promulgated pursuant to section 7(h)(15)(B)(i) become final, the Secretary shall require retail food stores and wholesale food concerns seeking authorization or reauthorization to accept and redeem benefits under the supplemental nutrition assistance program to have a chip-enabled (as defined in section 7(h)(15)(A)) payment terminal at each retail location of the retail food store or wholesale food concern.
"(B) Exception.--Subparagraph (A) shall not apply to any transaction involving a retail food store or wholesale food concern that occurs exclusively online.".
(g) GAO Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes--
(1) the actions carried out by State agencies (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)), retail food stores (as defined in that section), and wholesale food concerns (within the meaning of that Act (7 U.S.C. 2011 et seq.)) to decrease or eliminate risks with respect to transactions involving EBT cards (as defined in that section);
(2) the feasibility of the actions described in paragraph (1); and
(3) the impact of the risks described in paragraph (1) on--
(A) implementation of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) by those retail food stores and wholesale food concerns; and
(B) the redemption of benefits (as defined in section 3 of that Act (7 U.S.C. 2012)) by recipients.
(h) Report on EBT Cards Issued in Puerto Rico.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, and make publicly available on the website of the Department of Agriculture, a report on the security of EBT cards (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
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2012)) issued in the Commonwealth of Puerto Rico, including--
(A) the resistance of those EBT cards to cloning; and
(B) if appropriate, recommendations for improving the security of the electronic benefit transfer system against EBT card cloning-based fraud.
(2) Restricted annex.--A publicly available report under this subsection--
(A) shall exclude any information that--
(i) relates to methods to exploit EBT card and cybersecurity weaknesses, as determined by the Secretary of Agriculture; or
(ii) is identifying or proprietary merchant information; but
(B) may include information described in subparagraph (A) in a nonpublicly available annex.
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SA 6197. Ms. CORTEZ MASTO (for herself and Mr. Risch) 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. HARDROCK MINING MILL SITES.
(a) Multiple Mill Sites.--Section 2337 of the Revised Statutes (30 U.S.C. 42) is amended by adding at the end the following:
"(c) Additional Mill Sites.--
"(1) Definitions.--In this subsection:
"(A) Mill site.--The term `mill site' means a location of public land that is reasonably necessary for waste rock or tailings disposal or other operations reasonably incident to mineral development on, or production from land included in a plan of operations.
"(B) Operations; operator.--The terms `operations' and `operator' have the meanings given those terms in section 3809.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection).
"(C) Plan of operations.--The term `plan of operations' means a plan of operations that an operator must submit and the Secretary of the Interior or the Secretary of Agriculture, as applicable, must approve before an operator may begin operations, in accordance with, as applicable--
"(i) subpart 3809 of title 43, Code of Federal Regulations (or successor regulations establishing application and approval requirements); and
"(ii) part 228 of title 36, Code of Federal Regulations (or successor regulations establishing application and approval requirements).
"(D) Public land.--The term `public land' means land owned by the United States that is open to location under sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.), including--
"(i) land that is mineral-in-character (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection));
"(ii) nonmineral land (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection)); and
"(iii) land where the mineral character has not been determined.
"(2) In general.--Notwithstanding subsections (a) and (b), where public land is needed by the proprietor of a lode or placer claim for operations in connection with any lode or placer claim within the proposed plan of operations, the proprietor may--
"(A) locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations; and
"(B) use or occupy public land in accordance with an approved plan of operations.
"(3) Mill sites convey no mineral rights.--A mill site under this subsection does not convey mineral rights to the locator.
"(4) Size of mill sites.--A location of a single mill site under this subsection shall not exceed 5 acres.
"(5) Mill site and lode or placer claims on same tracts of public land.--A mill site may be located under this subsection on a tract of public land on which the claimant or operator maintains a previously located lode or placer claim.
"(6) Effect on mining claims.--The location of a mill site under this subsection shall not affect the validity of any lode or placer claim, or any rights associated with such a claim.
"(7) Patenting.--A mill site under this section shall not be eligible for patenting.
"(8) Savings provisions.--Nothing in this subsection--
"(A) diminishes any right (including a right of entry, use, or occupancy) of a claimant;
"(B) creates or increases any right (including a right of exploration, entry, use, or occupancy) of a claimant on land that is not open to location under the general mining laws;
"(C) modifies any provision of law or any prior administrative action withdrawing land from location or entry;
"(D) limits the right of the Federal Government to regulate mining and mining-related activities (including requiring claim validity examinations to establish the discovery of a valuable mineral deposit) in areas withdrawn from mining, including under--
"(i) the general mining laws;
"(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
"(iii) the Wilderness Act (16 U.S.C. 1131 et seq.);
"(iv) sections 100731 through 100737 of title 54, United States Code;
"(v) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
"(vi) division A of subtitle III of title 54, United States Code (commonly referred to as the `National Historic Preservation Act'); or
"(vii) section 4 of the Act of July 23, 1955 (commonly known as the `Surface Resources Act of 1955') (69 Stat. 368, chapter 375; 30 U.S.C. 612);
"(E) restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that--
"(i) existed prior to the date on which the land was closed to, or withdrawn from, location under the general mining laws; and
"(ii) that has been extinguished by such closure or withdrawal; or
"(F) modifies section 404 of division E of the Consolidated Appropriations Act, 2024 (Public Law 118-42).".
(b) Abandoned Hardrock Mine Fund.--
(1) Establishment.--There is established in the Treasury of the United States a separate account, to be known as the "Abandoned Hardrock Mine Fund" (referred to in this subsection as the "Fund").
(2) Source of deposits.--Any amounts collected by the Secretary of the Interior pursuant to the claim maintenance fee under section 10101(a)(1) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under subsection (c) of section 2337 of the Revised Statutes (30 U.S.C. 42) shall be deposited into the Fund.
(3) Use.--The Secretary of the Interior may make expenditures from amounts available in the Fund, without further appropriations, only to carry out section 40704 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245).
(4) Allocation of funds.--Amounts made available under paragraph (3)--
(A) shall be allocated in accordance with section 40704(e)(1) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245(e)(1)); and
(B) may be transferred in accordance with section 40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).
(c) Clerical Amendments.--Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) by striking "the Mining Law of 1872 (30 U.S.C. 28-28e)" each place it appears and inserting "sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)";
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking "Such claim maintenance fee" and inserting the following:
"(B) Fee.--The claim maintenance fee under subparagraph (A)"; and
(ii) in the first sentence, by striking "The holder of" and inserting the following:
"(A) In general.--The holder of"; and
(B) in paragraph (2)--
(i) in the second sentence--
(I) by striking "the Mining Law of 1872 (30 U.S.C. 28 to 28e)" and inserting "sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.)"; and
(II) by striking "Such claim maintenance fee" and inserting the following:
"(B) Fee.--The claim maintenance fee under subparagraph (A)"; and
(ii) in the first sentence, by striking "The holder of" and inserting the following:
"(A) In general.--The holder of"; and
(3) in subsection (b)--
(A) in the second sentence, by striking "The location fee" and inserting the following:
"(2) Fee.--The location fee"; and
(B) in the first sentence, by striking "The claim main tenance fee" and inserting the following:
"(1) In general.--The claim maintenance fee".
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SA 6198. Mr. WARNOCK (for himself and Mr. Kennedy) 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. ASSESSMENT OF TRANS-ATLANTIC SUBMARINE FIBER OPTIC
CABLE.
(a) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the heads of other Federal departments and agencies as necessary, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing an assessment of the value, cost, and feasibility of a trans-Atlantic submarine fiber optic cable connecting the contiguous United States, the United States Virgin Islands, Ghana, and Nigeria, to enhance the national security of the United States.
(b) Elements.--The report required by subsection (a) shall include an assessment of--
(1) the digital security, national security, and economic opportunities associated with a trans-Atlantic submarine fiber optic cable described in subsection (a);
(2) the lifespan of submarine fiber optic cables currently connecting the United States Virgin Islands to the contiguous United States;
(3) the current security of telecommunications between the contiguous United States and the United States Virgin Islands;
(4) the readiness of telecommunications infrastructure in the United States Virgin Islands to support a trans-Atlantic submarine fiber optic cable described in subsection (a);
(5) the potential for engagement with trusted entities in the deployment of a trans-Atlantic submarine fiber optic cable described in subsection (a), and the associated geopolitical and economic advantages;
(6) the potential connectivity opportunities to maximize investments in the United States economy through the use of a trans-Atlantic submarine fiber optic cable described in subsection (a);
(7) the value, cost, and feasibility of establishing a data center and high-security cloud services facility, with independent power generation, in the United States Virgin Islands for communications of the United States Africa Command, communications of the United States Special Operations Command, and national security communications;
(8) the state of submarine fiber optic cables connected to United States telecommunications infrastructure; and
(9) any other related matters the Secretary determines are appropriate.
(c) No Mandatory Data Collection.--The Secretary may not require any entity to provide data for purposes of preparing the report required by subsection (a).
(d) Form.--The report required by subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.
(e) Definitions.--In this section:
(1) Not trusted.--The term "not trusted" means, with respect to an entity, that the entity is determined by the Secretary to pose an unacceptable risk to the national security of the United States, or the security and safety of United States persons, based solely on one or more determination described under paragraphs (1) through (4) of section 2(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(c)).
(2) Secretary.--The term "Secretary" means the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Communications and Information.
(3) Trusted.--The term "trusted" means, with respect to an entity, that the Secretary has not determined that the entity is not trusted.
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SA 6199. Mr. WARNOCK (for himself and Mr. Kennedy) 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. ASSESSMENT OF TRANS-ATLANTIC SUBMARINE FIBER OPTIC
CABLE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Finance and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives.
(2) Covered cable.--The term "covered cable" means a trans-Atlantic submarine fiber optic cable described in subsection (b).
(3) Director.--The term "Director" means the Director of the Trade and Development Agency.
(4) Not trusted.--The term "not trusted" means, with respect to an entity, that the entity is determined by the Director to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons based solely on one or more determinations described in paragraphs (1) through (4) of section 2(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(c)).
(5) Trusted.--The term "trusted" means, with respect to an entity, that the Director has not determined that the entity is not trusted.
(b) Report.--Not later than 1 year after the date of the enactment of this Act, the Director, in consultation with the heads of other Federal departments and agencies as necessary, shall submit to the appropriate congressional committees a report containing an assessment of the value, cost, and feasibility of a trans-Atlantic submarine fiber optic cable connecting the contiguous United States and Western Africa, and potentially the United States Virgin Islands, to enhance the national security of the United States.
(c) Elements.--The report required by subsection (b) shall include an assessment of--
(1) the digital security, national security, and economic opportunities associated with a covered cable;
(2) the security of telecommunications between the contiguous United States and the continent of Africa as of the date of the report;
(3) the potential for engagement with trusted entities in the deployment of a covered cable, and the associated geopolitical and economic advantages;
(4) the potential connectivity opportunities to maximize investments in the United States economy through the use of a covered cable;
(5) the state of submarine fiber optic cables connected to United States telecommunications infrastructure; and
(6) any other related matters the Director determines are appropriate.
(d) No Mandatory Data Collection.--The Director may not require any entity to provide data for purposes of preparing the report required by subsection (b).
(e) Form.--The report required by subsection (b) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.
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SA 6200. 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:
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At the end of subtitle G of title X, add the following:
SEC. ___. CONTINUED OPERATION OF CERTAIN AIRPORTS.
(a) In General.--Notwithstanding any other provision of law, including any agreement, release, settlement, or consent decree, any real property or any interest in real property, including a leasehold or easement, conveyed by the United States pursuant to the Surplus Property Act of 1944 (Public Law 78-457; 58 Stat. 765) or pursuant to any successor statute, for use as an airport, shall be deemed a defense asset and, to the extent that the airport that was the subject of the conveyance, irrespective of the current status of the conveyance continues to be in use a public airport as of the date of enactment of this section, such airport shall remain in operation as a public airport, and may not be permanently closed, disposed of, or in any other manner converted to a non-airport use by any means except as specifically authorized by an Act of Congress.
(b) Compliance Authority.--The Secretary of Transportation and the Administrator of the Federal Aviation Administration shall ensure compliance with this section.
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SA 6201. Mr. HAGERTY (for himself and Mrs. Shaheen) 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:
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At the end of subtitle D of title XII, add the following:
SEC. 1252. STRATEGIC INFRASTRUCTURE PARTNERSHIP INITIATIVE.
(a) Establishment.--The Director of the Trade and Development Agency, in coordination with the Commander of the United States Indo-Pacific Command, shall establish a Strategic Infrastructure Partnership Initiative (in this section referred to as the "Initiative") to advance the identification, development, and implementation of high-quality, resilient, and secure infrastructure projects across the Indo-Pacific region.
(b) Infrastructure Projects.--In carrying out the Initiative, the Trade and Development Agency shall utilize its project preparation tools, including feasibility studies, technical assistance, and pilot projects, informed by strategic assessments and regional engagement of the United States Indo-Pacific Command, to develop a pipeline of infrastructure projects aligned with the national security and economic development interests of the United States.
(c) Priorities.--The Initiative shall prioritize dual-use infrastructure, including ports, airports and airfields, energy systems, digital and telecommunication networks, and logistics facilities that support civilian economic development, regional stability, and security objectives.
(d) Engagement.--The Initiative shall include the establishment of--
(1) a pipeline for the Trade and Development Agency and the United States Indo-Pacific Command to share information on a quarterly basis;
(2) a formal liaison exchange; and
(3) structured engagement with like-minded countries and United States private sector entities.
(e) Best Practices.--The Trade and Development Agency, in coordination with the United States Indo-Pacific Command, shall incorporate best practices for infrastructure resilience, including cybersecurity and physical security standards, environmental, and social impact assessments into project design and implementation.
(f) Report Required.--Not later than 180 day after the date of the enactment of this Act, the Director of the Trade and Development Agency shall submit to the appropriate committees of Congress a report that includes--
(1) a plan to expand the Initiative to other geographic combatant commands; and
(2) an assessment of the feasibility and resources necessary for such an expansion.
(g) Rule of Construction.--Nothing in this section shall be construed to alter, supersede, or otherwise affect any authorities, restrictions, or eligibility requirements existing on the day before the date of the enactment of this Act applicable to foreign assistance programs administered by any Federal agency, including determinations regarding the eligibility of countries for such assistance made pursuant to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision of law.
(h) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
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SA 6202. Mr. CASSIDY (for himself, Mrs. Britt, and Mr. Coons) 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:
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At the end of title XII, add the following:
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Humanoid Robotics Oversight and Blocking of Obtainment from Totalitarians Act of 2026" or the "Humanoid ROBOT Act of 2026".
SEC. 1282. DEFINITIONS.
In this subtitle:
(1) Artificial intelligence.--The term "artificial intelligence" has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(2) Country of concern.--The term "country of concern" has the meaning given the term "covered nation" in section 4872 of title 10, United States Code.
(3) Covered entity.--The term "covered entity" means--
(A) the government of a country of concern;
(B) a political party of a country of concern;
(C) a foreign entity of concern (as defined in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651));
(D) an entity identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note) as a Chinese military company operating directly or indirectly in the United States;
(E) an entity with its headquarters located in, organized under the laws of, or otherwise subject to the jurisdiction of, a country of concern; or
(F) an entity owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (E).
(4) Humanoid robot.--The term "humanoid robot" means an autonomous or semi-autonomous machine that--
(A) uses integrated artificial intelligence systems;
(B) possesses a body structure that simulates the human form, including a head, torso, arms, and legs, or any configuration that resembles a human silhouette;
(C) is capable of performing tasks associated with human activities; and
(D) can communicate interactively, using natural language processing to understand verbal or written commands.
SEC. 1283. PROHIBITIONS ON CONTRACTING RELATING TO HUMANOID
ROBOTS FROM COVERED ENTITIES.
(a) Prohibition on Purchases by Department of Defense.--The Department of Defense may not enter into or renew a contract to procure or otherwise obtain a humanoid robot designed, tested, developed, or manufactured by a covered entity.
(b) Prohibition on Use by Contractors.--A person awarded a contract by the Department of Defense may not use a humanoid robot designed, tested, developed, or manufactured by a covered entity to fulfill, execute, or otherwise support carrying out the contract.
(c) Waiver.--The Secretary of Defense may waive a prohibition under subsection (a) or (b) with respect to the purchase or use of a humanoid robot if using the robot is required for the completion of objectives related to national security or for research purposes.
(d) Effective Date.--The prohibitions under subsections (a) and (b) shall apply on and after the date that is180 days after the date of the enactment of this Act.
(e) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the prohibitions under subsections (a) and (b), including by establishing a requirement for prime contractors to incorporate the substance of such prohibitions and applicable implementing contract clauses into contracts relating to humanoid robots.
SEC. 1284. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE
UNITED STATES OF INVESTMENTS IN PRODUCTION OF
HUMANOID ROBOT TECHNOLOGIES.
(a) In General.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking "; and" and inserting a semicolon;
(B) in clause (ii), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(iii) any transaction described in subparagraph (B)(vi) proposed or pending on or after the date of the enactment of the Humanoid Robotics Oversight and Blocking of Obtainment from Totalitarians Act of 2026.";
(2) in subparagraph (B), by adding at the end the following:
"(vi) Any other investment, subject to regulations prescribed under subparagraph (D)--
"(I) in a United States business that designs, tests, develops, or manufactures humanoid robots (as defined in section 1282 of the Humanoid Robotics Oversight and Blocking of Obtainment from Totalitarians Act of 2026);
"(II) by--
"(aa) an entity organized under the laws of, or otherwise subject to the jurisdiction of, a covered nation (as defined in section 4872 of title 10, United States Code); or
"(bb) an entity owned or controlled by, or under common ownership or control with, an entity described in item (aa); and
"(III) without regard to whether the investment results in control of the United States business by an entity described in subclause (II)."; and
(3) in subparagraph (D)--
(A) in clause (i), in the matter preceding subclause (I)--
(i) by striking "subparagraph (B)(iii)" and inserting "clauses (iii) and (vi) of subparagraph (B)"; and
(ii) by striking "that subparagraph" and inserting "that clause";
(B) in clause (iii)(I), by striking "subparagraph (B)(iii)" and inserting "clauses (iii) and (vi) of subparagraph (B)"; and
(C) in clause (iv)(I), in the matter preceding item (aa)--
(i) by striking "in subparagraph (B)(iii)" and inserting "in clause (iii) or (vi) of subparagraph (B)"; and
(ii) by striking "of subparagraph (B)(iii)" and inserting "of such clauses".
(b) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following:
"(DD) Investments in humanoid robots.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.".
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SA 6203. Mr. CASSIDY (for himself and Mr. Whitehouse) 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. LIST OF NON-UNITED STATES FREE TRADE ZONES.
(a) In General.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security, shall identify and publish, on a publicly accessible internet website, a list of non-United States free trade zones that includes the identity, location, and administrators of each such zone.
(b) Periodic Reviews.--The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall review the list of non-United State free trade zones required by subsection (a) on a periodic basis, and not less frequently than annually--
(1) to ensure the information included for each zone is correct;
(2) to add new zones to the list; and
(3) to remove zones no longer in existence from the list.
(c) Non-united States Free Trade Zone Defined.--
(1) In general.--In this section, the term "non-United States free trade zone" means a designated area within the customs territory of a foreign country that is treated for purposes of payment of duties or taxes as though the area were located outside the customs territory of that country.
(2) Synonymous terms.--Synonymous terms commonly used to refer to zones described in paragraph (1) include "free zones", "special economic zones", "export processing zones", "free economic zones", and "freeports".
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SA 6204. Mr. CASSIDY (for himself and Mr. Kennedy) 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:
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At the appropriate place in subtitle B of title XV, insert the following:
SEC. 15___. DESIGNATION OF AIR FORCE GLOBAL STRIKE COMMAND AS
NATIONAL CENTER FOR CONVENTIONAL-NUCLEAR
INTEGRATION.
(a) National Center for Conventional-Nuclear Integration.--Section 9068 of title 10, United States Code, is amended by adding at the end the following new subsection:
"(d) National Center for Conventional-Nuclear Integration.--(1) The Air Force Global Strike Command shall serve as the National Center for Conventional-Nuclear Integration of the Department of the Air Force.
"(2) The responsibilities of the National Center for Conventional-Nuclear Integration under paragraph (1) shall include the following:
"(A) Establishing policies and standards, and issuing guidance, to integrate conventional and nuclear weapons capabilities across the Air Force in a manner that aligns with the operational requirements of the United States Strategic Command, including with respect to integrated planning, command and control, and mission execution in support of such Command.
"(B) Establishing a governance and coordination framework to synchronize efforts for such integration across relevant major commands, field commands, and centers of the Air Force.
"(C) Determining required education, training, and exercise objectives relating to such integration, including by ensuring appropriate operational plans and readiness constructs of the Air Force reflect such integration.
"(D) Identifying any gaps in capabilities necessary for such integration (including with respect to doctrine, interoperability, decision support, and command and control) and establishing resourcing priorities to address any such gaps.".
(b) Deadline for Designation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall designate the Air Force Global Strike Command as the National Center for Conventional-Nuclear Integration of the Department of the Air Force for purposes of section 9068(d) of title 10, United States Code, as added by subsection (a).
(c) Implementation Plan.--
(1) Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the implementation of this section and the amendments made by this section. Such plan shall include the following:
(A) A description of the organizational structure of, and a resourcing strategy for, the National Center for Conventional-Nuclear Integration under section 9068(d) of title 10, United States Code, as added by subsection (a).
(B) Measurable objectives and milestones for the implementation of the responsibilities under such section 9068(d).
(C) An assessment of the extent to which such responsibilities advance the responsibilities of the Commander of the Air Force Global Strike Command specified in section 9068(c) of title 10, United States Code, including with respect to nuclear and long-range strike missions in support of the United States Strategic Command.
(2) Form.--The plan under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
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SA 6205. 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:
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At the appropriate place in subtitle G of title X, insert the following:
SEC. ___. DISINTERMENT OF REMAINS OF MICHAEL ALAN SILKA FROM
SITKA NATIONAL CEMETERY, ALASKA.
(a) Disinterment.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall disinter the remains of Michael Alan Silka from Sitka National Cemetery, Alaska.
(b) Notification.--The Secretary of Veterans Affairs may not carry out subsection (a) until after notifying the next of kin of Michael Alan Silka.
(c) Disposition.--After carrying out subsection (a), the Secretary of Veterans Affairs shall--
(1) relinquish the remains to the next of kin described in subsection (b); or
(2) if no such next of kin responds to the notification under subsection (b), arrange for disposition of the remains as the Secretary determines appropriate.
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SA 6206. Ms. MURKOWSKI (for herself and Mr. Coons) 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:
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At the end of subtitle G of title X, add the following:
SEC. 10___. ACCELERATING ACCESS TO CRITICAL THERAPIES FOR
ALS.
(a) Short Title.--This section may be cited as the "Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026".
(b) Reauthorization of Accelerating Access to Critical Therapies for ALS Act.--
(1) In general.--Section 7 of the Accelerating Access to Critical Therapies for ALS Act (Public Law 117-79) is amended by striking "2022 through 2026" and inserting "2027 through 2031".
(2) Grants for als research.--Section 2(f) of the Accelerating Access to Critical Therapies for ALS Act (21 U.S.C. 360ee note) is amended by striking "2026" and inserting "2031".
(c) Improvements to Program for Grants for Research on Therapies for ALS.--Section 2 of the Accelerating Access to Critical Therapies for ALS Act (21 U.S.C. 360ee note) is amended--
(1) in subsection (a), by inserting "(referred to in this section as `expanded access grants')" before the period at the end of the first sentence;
(2) in subsection (b)--
(A) by striking "(b) Application--" and all that follows through "A participating" in paragraph (1) and inserting the following:
"(b) Application.--A participating";
(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2) respectively;
(C) in the matter preceding paragraph (1), as so redesignated, by striking the period at the end and inserting "including--";
(D) by amending paragraph (1), as so redesignated, to read as follows:
"(1) a description of how data generated through the proposed expanded access grant will be used to support research or development related to the prevention, diagnosis, mitigation, treatment, or cure of amyotrophic lateral sclerosis;";
(E) in paragraph (2), as so redesignated--
(i) by striking "Noninterference with clinical trials--" and all that follows through "shall include";
(ii) by striking "program" and inserting "grant"; and
(iii) by striking the period at the end and inserting "; and"; and
(F) by adding at the end the following:
"(3) an assurance that such entity will promptly report to the Secretary available safety data from any ongoing clinical trial of the investigational drug as set forth in the terms and conditions of the grant.";
(3) in subsection (c)--
(A) by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;
(B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly;
(C) in subparagraph (C), as so redesignated, by striking the period at the end and inserting "; and";
(D) in the matter preceding subparagraph (A), as so redesignated, by striking "this section, confirm that--" and inserting the following: "this section--
"(1) confirm that--"; and
(E) by adding at the end the following:
"(2) in the case of a renewal of such a grant, request from the sponsor of the investigational new drug application involved, and assess, the enrollment, safety, and any available efficacy data of the drug related to the prevention, diagnosis, mitigation, treatment, or cure of amyotrophic lateral sclerosis.";
(4) in subsection (d)(1), by striking "request described in subsection (a)" and inserting "grant"; and
(5) in subsection (e)--
(A) in paragraph (2), by inserting ", and that begins enrollment within a timeframe as determined by the Secretary through the terms and conditions of the grant" before the period at the end; and
(B) by adding at the end the following:
"(4) The term `phase 3 clinical trial' includes a phase 2/ 3 combined trial and a planned phase 3 clinical trial that is not yet enrolling participants.".
(d) Report on ALS and Other Rare Neurodegenerative Disease Action Plans.--Section 4 of the Accelerating Access to Critical Therapies for ALS Act (21 U.S.C. 360aa note) is amended--
(1) in the section heading, by striking "als and other" and inserting "fda";
(2) in subsection (a), in the matter preceding paragraph (1)--
(A) by inserting "and not later than 1 year after the date of enactment of the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026 and every 5 years thereafter," after "this Act,"; and
(B) by inserting "develop, or update, as applicable, and" before "publish on";
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking "initial";
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting "of relevant investigational new drug applications" after "sponsors";
(ii) in subparagraph (C) by inserting "for the prevention, diagnosis, mitigation, treatment, or cure of rare neurodegenerative diseases" before the semicolon; and
(iii) in subparagraph (D), by striking "; and" and inserting a semicolon;
(C) in paragraph (3), by striking the period at the end and inserting "; and"; and
(D) by adding at the end the following:
"(4) for each action plan published after the date of enactment of the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026, include a description of--
"(A) previous actions taken by the Food and Drug Administration to implement the previous action plan published under subsection (a);
"(B) any other planned actions to implement such action plan; and
"(C) any barriers to implementing such action plan and related recommendations, which may include an estimate of resources necessary to address such barriers.".
(e) Reports.--Section 6 of the Accelerating Access to Critical Therapies for ALS Act (Public Law 117-79) is amended--
(1) in the heading, by striking "gao report" and inserting "reports";
(2) by striking "Not later than" and inserting the following:
"(a) GAO Report.--Not later than";
(3) in the matter preceding paragraph (1) of subsection (a), as so designated, by striking "this Act" and inserting "the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026"; and
(4) by adding at the end the following:
"(b) HHS Report.--Not later than 4 years after the date of enactment of the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026, the Secretary of Health and Human Services shall, in a manner that does not duplicate the information described in the action plan published pursuant to section 4, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report assessing the effectiveness of the activities carried out under sections 2, 3, and 5 and making recommendations to improve such activities.".
(f) Technical Amendments.--Section 3 of the Accelerating Access to Critical Therapies for ALS Act (42 U.S.C. 280g-7b) is amended--
(1) in subsection (a), in the matter preceding paragraph (1), by striking "amytrophic" and inserting "amyotrophic"; and
(2) in subsection (b)(3)(A)(iii), by striking "rational".
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SA 6207. 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:
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At the appropriate place, insert the following:
SEC. ____. EXTENSION OF AUTHORITY FOR THE MODIFICATION OF THE
SECOND DIVISION MEMORIAL.
Notwithstanding section 8903(e) of title 40, United States Code, the authority provided by section 352 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1367) shall continue to apply through September 30, 2033.
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SA 6208. 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:
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At the appropriate place in title VII, insert the following:
SEC. 7___. PILOT PROGRAM ON DESIGNATION OF PREGNANCY AS
QUALIFYING LIFE EVENT UNDER TRICARE PROGRAM.
(a) In General.--The Secretary of Defense shall carry out a pilot program under which the Secretary designates pregnancy as a qualifying life event for purposes of enrollment or modification of enrollment in a health plan option under the TRICARE program.
(b) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a period of not less than five years.
(c) TRICARE Program Defined.--In this section, the term "TRICARE program" has the meaning given that term in section 1072 of title 10, United States Code.
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SA 6209. 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:
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At the end of subtitle A of title VI, add the following:
SEC. 604. MODIFICATION OF TRAVEL ALLOWANCE FOR MEMBERS OF THE
ARMED FORCES ASSIGNED TO ALASKA.
Section 603(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2620), as amended by section 623 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 139 Stat. 909), is further amended--
(1) in paragraph (1), by striking "to the home of record of the member." and inserting the following: "to--
"(A) a location in the United States (including a territory or possession of the United States); or
"(B) a location outside the United States if that location is the home of record of the member."; and
(2) in paragraph (2)(A)(i), by striking "one year" and inserting "180 days".
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SA 6210. 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:
Text printed in the Record (3,889 characters)
At the end of subtitle C of title IX, add the following:
SEC. 930. ARCTIC JOINT PROGRAM EXECUTIVE OFFICE.
Subpart A of part VI of title 10, United States Code, is amended by adding at the end the following new chapter:
"Sec. "5601. Arctic Joint Program Executive Office.
"Sec. 5601. Arctic Joint Program Executive Office
"(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall establish in the Department of Defense an Arctic Joint Program Executive Office (in this section referred to as the `Office').
"(b) Executive Agent.--The Executive Agent for the Office shall be the Secretary of the Air Force.
"(c) Duties.--The duties of the Office are--
"(1) to support the strategic competition objectives of the United States in the Arctic, including deterrence of near-peer adversaries; and
"(2) to develop a unified investment roadmap for the Arctic under subsection (d).
"(d) Unified Investment Roadmap.--
"(1) In general.--The Office shall develop a unified investment roadmap for ongoing and planned investments in Arctic capabilities by each armed force during the 10-period following development of the roadmap that--
"(A) specifies the sequence of such investments with major milestones;
"(B) identifies which Arctic programs span more than one armed force or are interdependent; and
"(C) identifies and addresses capability gaps that are not planned but required in support of the strategic competition objectives described in subsection (c)(1).
"(2) Transition plans.--
"(A) In general.--In developing the unified investment roadmap required by paragraph (1), the Office shall develop a plan for the transition of investments included in the roadmap from the Office to each armed force.
"(B) Responsibility for costs.--The Office shall be responsible for sustainment costs for investments in Arctic capabilities included in the unified investment roadmap required by paragraph (1) for a period of not more than three years. By the end of that period, each armed force shall assume responsibility for sustaining operations and maintenance costs through the full life of the capabilities.
"(e) Contracting Authorities.--The Office shall utilize Department-wide contracting authorities and purchasing power, including through the use of multiyear procurement authority, to procure infrastructure, sustainment, logistics, and services for Arctic programs.
"(f) Location.--Not later than five years after the date of the enactment of this section, the Office shall transition to a permanent location selected based on the proximity of the location to--
"(1) the designated lead for Arctic affairs of the United States Northern Command; and
"(2) a central hub of units of the armed forces assigned to focus on Arctic affairs to ensure that the Office thoroughly understands the requirements and needs unique to the Arctic region.
"(g) Annual Reports.--Not later than one year after the date of the enactment of this section, and annually thereafter, the head of the Office shall submit to Congress a report that includes--
"(1) a description of the status of and expenditures by the Office in the year preceding submission of the report;
"(2) a description of progress made during that year in achieving the objectives described in subsection (c)(1) and the objectives of the unified investment roadmap developed under subsection (d);
"(3) a comparison of investment by the United States in Arctic capabilities with known investments by the governments of the Russian Federation and the People's Republic of China in Arctic capabilities; and
"(4) an assessment of the Arctic deterrence posture of the Department of Defense.
"(h) Armed Force Defined.--In this section, the term `armed force' means the Army, the Navy, the Air Force, the Marine Corps, the Space Force, or the Coast Guard.".
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SA 6211. Mr. McCORMICK (for himself, Mr. Wyden, Mr. Cotton, and Mr. Banks) 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:
Text printed in the Record (11,646 characters)
At the end of title XII, add the following:
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Remote Access Security Act".
SEC. 1272. CONTROL OF REMOTE ACCESS TO CERTAIN ITEMS.
(a) Definitions.--Section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10), (11), (12), (13), and (14) as paragraphs (7), (8), (9), (10), (12), (13), (14), (15), and (16), respectively;
(2) by inserting after paragraph (5) the following:
"(6) Foreign person of concern.--The term `foreign person of concern' means--
"(A) the government of--
"(i) a country specified in section 4872(d)(2) of title 10, United States Code; or
"(ii) any region within such a country, including the Macau Special Administrative Region and the Hong Kong Special Administrative Region of the People's Republic of China;
"(B) an entity located or headquartered in, or the ultimate parent company of which is headquartered in, such a country or region; or
"(C) a person on the Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations."; and
(3) by inserting after paragraph (10), as redesignated, the following:
"(11) Remote access.--The term `remote access' means access to an item subject to the jurisdiction of the United States and included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations from a location other than where the item is physically located.".
(b) Statement of Policy.--Section 1752(2) of the Export Control Reform Act of 2018 (50 U.S.C. 4811(2)) is amended--
(1) in the matter preceding subparagraph (A), by inserting "provision of remote access to specific items," after "transfer of items,"; and
(2) in subparagraph (A) in the matter preceding clause (i), by inserting ", or provision of remote access to," after "release of".
(c) Authority to Control Remote Access to Certain Advanced Integrated Circuits.--Section 1753 of the Export Control Reform Act of 2018 (50 U.S.C. 4812) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking "; and" and inserting a semicolon;
(B) in paragraph (2)(F), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(3) the provision to foreign persons of concern of remote access to items in accordance with subsection (c).";
(2) in subsection (b)--
(A) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and
(B) by inserting after paragraph (2) the following:
"(3) regulate the provision to foreign persons of concern of remote access to items in accordance with subsection (c);";
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following:
"(c) Controls on Remote Access to Certain Items.--
"(1) In general.--The President may regulate the provision of remote access only if--
"(A) the remote access is provided to a foreign person of concern;
"(B) the foreign person of concern accesses, or would access, the item from a location outside the United States; and
"(C) the remote access is provided--
"(i) through a cloud infrastructure service (defined as `Infrastructure as a Service' by the National Institute of Standards and Technology in Special Publication 800-145 (or any successor publication)) to items consisting of a collection of advanced computing integrated circuit products that are allocated to a single cloud infrastructure service customer that is interconnected so as to enable coordinated frontier model training, and provide an aggregate total processing performance, as defined and calculated under Export Control Classification Number 3A090 in the Commerce Control List, exceeding a technical standard determined by the Secretary pursuant to paragraph (3);
"(ii) to a software item that the Secretary determines poses a serious risk to the national security or foreign policy of the United States because the software is primarily designed for--
"(I) offensive cyberspace operations (as defined by Committee on National Security Systems (CNSS) 4009); or
"(II) conducting surveillance by the use of--
"(aa) spyware (as defined in section 1102A of the National Security Act of 1947 (50 U.S.C. 3232a(a)));
"(bb) location tracking technology designed to collect, derive, or analyze precise geolocation information (as defined in section 2(c)(6) of the Protecting Americans' Data from Foreign Adversaries Act of 2024 (15 U.S.C. 9901(c)(6)); or
"(cc) automated recognition of individuals based on their biological or behavioral characteristics (defined as `biometrics' by the National Institute of Standards and Technology in Special Publication 800-63 (or any successor publication)); or
"(iii) to an item for any other purpose established by the Secretary pursuant to paragraph (3).
"(2) Advisory committee.--The Secretary shall establish an advisory committee composed of representatives from industry and the Federal Government representing various points of view, which shall include representatives of United States-headquartered cloud infrastructure service providers, semiconductor manufacturers, and frontier artificial intelligence laboratories, to advise the Under Secretary of Commerce for Industry and Security on controls under the Export Administration Regulations.
"(3) Technical standard; adjustment of purposes.--The Secretary, after receiving the advice of the advisory committee established under paragraph (2)--
"(A) shall establish the technical standard for aggregate total processing performance described in clause (i) of paragraph (1)(C) and may adjust that standard as necessary to maintain its relevance to current technological advancement; and
"(B) shall evaluate and may adjust as necessary the software and purposes covered by clauses (ii) and (iii) of that paragraph.
"(4) Rule of construction.--Nothing in this subsection shall be construed to require a license for the provision of cloud infrastructure services that do not meet the technical standard determined by the Secretary pursuant to paragraph (3).";
(5) in subsection (d), as so redesignated--
(A) by inserting ", or provision of remote access to," after "in-country transfer of";
(B) by striking "subsections (b)(1) or (b)(2)" and inserting "paragraphs (1), (2), and (3) of subsection (b), as applicable,"; and
(C) by striking "or in-country transfer occurs" and inserting "in-country transfer, or provision of remote access occurs".
(d) License Requirement.--Section 1754(d)(1)(B) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(d)(1)(B)) is amended by inserting ", including the provision of remote access to items in accordance with subsection 1753(c)," after "other activities.".
(e) Conforming Amendments.--The Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) is amended--
(1) in section 1754 (50 U.S.C. 4813)--
(A) in subsection (a)--
(i) in paragraph (3), by inserting ", and provision of remote access (in accordance with subsection 1753(c)) to," after "in-country transfers of";
(ii) in paragraph (5), in the matter preceding subparagraph (A), by inserting ", and provision of remote access (in accordance with subsection 1753(c)) to," after "in-country transfers of";
(iii) in paragraph (15), by striking "to export" and inserting "for export or provision of remote access";
(B) in subsection (b), by inserting ", or provision of remote access to," after "in-country transfer of"; and
(C) in subsection (c)--
(i) in paragraph (1)(A)--
(I) in the matter preceding clause (i), by inserting ", or provision of remote access (in accordance with subsection 1753(c)) to," after "in-country transfer of"; and
(II) in clause (ii), by inserting ", or provision of remote access to," after "in-country transfer of"; and
(ii) in paragraph (2)(B)--
(I) in clause (i)--
(aa) by inserting "or to which remote access would be provided" after "to be offered"; and
(bb) by striking "a license to export, reexport, or in-country transfer the items is sought" and inserting "a license under paragraph (1) is sought";
(II) in clause (ii), by striking "the export, reexport, or in-country transfer is proposed to be made has requested the items under the export, reexport, or in-country transfer" and inserting "the export, reexport, in-country transfer, or provision of remote access is proposed to be made has requested the items or remote access to the items";
(III) in clause (iii), by striking "or in-country transfer" and inserting "in-country transfer, or provision of remote access";
(IV) in clause (iv)--
(aa) by striking "or in-country transfer" and inserting "in-country transfer, or provision of remote access"; and
(bb) by inserting "or such remote access would be provided" after "made";
(V) in clause (v)--
(aa) by striking "or in-country transfer would" and inserting "in-country transfer, or provision of remote access would"; and
(bb) by striking "the subject of such export, reexport, or in-country transfer would be delivered" and inserting "the subject of the request for a license under paragraph (1) would be delivered or from which the items would be remotely accessed"; and
(VI) in clause (vi)--
(aa) by striking "or in-country transfer on" and inserting "in-country transfer, or provision of remote access on"; and
(bb) by striking "the subject of such export, reexport, or in-country transfer would be delivered" and inserting "the subject of the request for a license under paragraph (1) would be delivered or from which the items would be remotely accessed";
(2) in section 1755(b)(2) (50 U.S.C. 4814(b)(2))--
(A) in subparagraph (C), by inserting ", and provision of remote access (in accordance with subsection 1753(c)) to," after "in-country transfers of"; and
(B) in subparagraph (E), by inserting ", and remote access (in accordance with subsection 1753(c)) to," after "in-country transfers of"; and
(3) in section 1756 (50 U.S.C. 4815)--
(A) in subsection (a), in the matter preceding paragraph (1), by inserting ", and provision of remote access (in accordance with subsection 1753(c)) to," after "in-country transfer of"; and
(B) in subsection (b), by inserting ", or provide remote access (in accordance with subsection 1753(c)) to," after "in-country transfer";
(4) in section 1757(a) (50 U.S.C. 4816(a)), by inserting ", or provision of remote access to," after "in-country transfer of";
(5) in section 1758(b) (50 U.S.C. 4817(b))--
(A) in paragraph (1), by inserting ", or provision of remote access (in accordance with subsection 1753(c)) to," after "in-country transfer of";
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ", or provision of remote access (in accordance with subsection 1753(c)) to," after "in-country transfer of";
(ii) in subparagraph (C), by inserting ", or the provision of remote access (in accordance with subsection 1753(c)) to that technology from," after "to or in";
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ", or provision of remote access to," after "in-country transfer of";
(ii) in subparagraph (B)--
(I) by inserting ", or provision of remote access to," after "in-country transfer of"; and
(II) by striking "or transfer" and inserting "transfer, or provision of remote access"; and
(iii) in subparagraph (C), by inserting ", or provision of remote access to," after "in-country transfer of"; and
(D) in paragraph (4)(C), in the matter preceding clause (i), by inserting ", or provision of remote access to," after "in-country transfer of";
(6) in section 1760 (50 U.S.C.
Text printed in the Record (3,766 characters)
4819)--
(A) in subsection (a)(2)(F)(iii), by inserting ", or remote access (in accordance with subsection 1753(c)) to," after "in-country transfer of";
(B) in subsection (c)(1)(C), by striking "or in-country transfer" and inserting "in-country transfer, or remotely access (in accordance with subsection 1753(c)),"; and
(C) in subsection (e)(1)(A)--
(i) in clause (i), by inserting ", or remotely access (in accordance with subsection 1753(c))," after "United States"; and
(ii) in clause (ii), by inserting ", or remotely access (in accordance with subsection 1753(c))," after "in-country transfer";
(7) in section 1761 (50 U.S.C. 4820)--
(A) in subsection (d)(2), by striking "export" each place it appears and inserting "export control"; and
(B) in subsection (h)(1)(B), by inserting ", or provide remote access to," after "in-country transfer";
(8) in section 1765(a)(1) (50 U.S.C. 4824(a)(1)), by inserting ", and provision of remote access to," after "in-country transfers of"; and
(9) in section 1767 (50 U.S.C. 4825)--
(A) in subsection (a), by inserting ", or remote access to," after "reexport of"; and
(B) in subsection (b)(2)--
(i) in subparagraph (A), by inserting ", and remote access by and provision of remote access to such persons to," after "persons of"; and
(ii) in subparagraph (C), by striking "or in-country transferred" and inserting "in-country transferred, or remotely accessed".
(f) Rule of Construction.--Nothing in the section or the amendments made by this section shall be construed to limit the authority of the President under the Export Controls Reform Act of 2018, as in effect on the day before the date of the enactment of this Act.
(g) Termination.--The authority under part I of the Export Control Reform Act of 2018, as amended by this section, to impose controls on remote access to items terminates on the date that is 10 years after the date of the enactment of this Act.
SEC. 1273. CONSULTATIONS WITH CONGRESS.
The Secretary of Commerce shall ensure Congress is kept fully and currently informed of any anticipated promulgation of regulations to control remote access to items under the Export Control Reform Act of 2018, as amended by section 1272, including ensuring that Congress is informed, in a classified setting as necessary, on--
(1) the national security or foreign policy risk addressed by the regulations;
(2) how the method of the regulations addresses that risk; and
(3) how the regulations may impact the economy and international competitiveness of the United States.
SEC. 1274. REPORT AND RECOMMENDATIONS.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall submit to Congress and make available to the public a report assessing and making recommendations with respect to--
(1) the implementation of this subtitle and the amendments made by this subtitle;
(2) maximizing the level of privacy, and minimizing compliance costs, for entities seeking licenses relating to remote access to items under the Export Control Reform Act of 2018, as amended by section 1272;
(3) identifying relevant national security and foreign policy concerns related to remote access to items in the interest of improving certainty for United States businesses;
(4) increasing cooperation with international partners with respect to remote access to items;
(5) ensuring export controls relating to remote access to items are consistent, clear, and up to date; and
(6) recommending further amendments to the Export Control Reform Act of 2018.
(b) Consultations.--In developing the report required by subsection (a), the Secretary shall seek input from the public, including holding a public roundtable with industry participants.
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SA 6212. Mr. ROUNDS (for himself and Mr. Peters) 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:
Text printed in the Record (315 characters)
At the appropriate place in title X, insert the following:
SEC. ___. TEN-YEAR EXTENSION OF CYBERSECURITY INFORMATION
SHARING ACT OF 2015.
Section 111(a) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1510(a)) is amended by striking "September 30, 2026" and inserting "September 30, 2036".
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SA 6213. Mr. ROUNDS (for himself and Mr. Peters) 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:
Text printed in the Record (8,916 characters)
At the appropriate place in title X, insert the following:
SEC. ___. REAUTHORIZATION OF THE CYBERSECURITY INFORMATION
SHARING ACT OF 2015.
(a) In General.--The Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq.) is amended--
(1) in section 102 (6 U.S.C. 1501; relating to definitions)--
(A) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (18) as paragraphs (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), and (20), respectively; and
(B) by inserting after paragraph (3) the following new paragraphs:
"(4) Artificial intelligence.--The term `artificial intelligence' has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
"(5) Critical infrastructure.--The term `critical infrastructure' has the meaning given such term in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).";
(2) in section 103 (6 U.S.C. 1502; relating to sharing of information by the Federal Government)--
(A) in subsection (a), in the matter preceding paragraph (1), by striking "develop and issue" and inserting "develop, issue, and, as appropriate, update"; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by inserting "and, as appropriate, updated," after "developed";
(II) by amending subparagraph (A) to read as follows:
"(A) ensure the Federal Government has and maintains the capability to share cyber threat indicators and defensive measures in real-time consistent with the protection of classified information, and maintains the capability to provide technical assistance, on a
voluntary basis, to non-Federal entities in utilizing cyber threat indicators and defensive measures for cybersecurity purposes;";
(III) in subparagraph (E)(ii), by striking "and" after the semicolon;
(IV) in subparagraph (F), by striking the period and inserting "; and"; and
(V) by adding at the end the following new subparagraph:
"(G) pursuant to section 2212 of the Homeland Security Act of 2002 (6 U.S.C. 662), provide one-time read-ins, as appropriate, to select individuals identified by non-Federal entities that own or operate critical infrastructure or artificial intelligence;"; and
(ii) in paragraph (2)--
(I) by inserting "and, as appropriate, updating," after "developing"; and
(II) by inserting "and defensive measures" after "promote the sharing of cyber threat indicators"; and
(C) in subsection (c)--
(i) by inserting "and not later than 60 days after any update, as appropriate, of procedures required by subsection (a)," after "Act,"; and
(ii) by inserting "(or update, as appropriate)" after "procedures";
(3) in section 104 (6 U.S.C. 1503; relating to authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats)--
(A) in paragraph (3) of subsection (c)--
(i) in the matter preceding subparagraph (A), by striking "shall be" and inserting "may be";
(ii) in subparagraph (A), by striking "or" after the semicolon;
(iii) in subparagraph (B), by striking the period and inserting "; or"; and
(iv) by adding at the end the following new subparagraph:
"(C) to preclude the use of artificial intelligence that is strictly deployed for cybersecurity purposes in carrying out the activities authorized under paragraph (1) provided that such deployment complies with section 105(d)(5)."; and
(B) in subparagraph (B) of subsection (d)(2), by inserting ", which may utilize artificial intelligence that is strictly deployed for cybersecurity purposes," after "technical capability";
(4) in section 105 (6 U.S.C. 1504; relating to sharing of cyber threat indicators and defensive measures with the Federal Government)--
(A) in subsection (a)--
(i) in paragraph (2), by adding at the end the following new sentences: "As appropriate, the Attorney General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, jointly update such policies and procedures, and issue and make publicly available such updated policies and procedures. Such updates shall prioritize rapid dissemination to State, local, Tribal, and territorial governments and owners and operators of non-Federal critical infrastructure or artificial intelligence of relevant and actionable cyber threat indicators and defensive measures.";
(ii) in paragraph (3), in the matter preceding subparagraph (A), by striking "developed or issued" and inserting "developed, issued, or, as appropriate, updated,"; and
(iii) in paragraph (4)--
(I) in subparagraph (A), by adding at the end the following new sentence: "As appropriate, the Attorney General and the Secretary of Homeland Security shall jointly update and make publicly available such guidance to so assist entities and promote such sharing of cyber threat indicators and defensive measures with such Federal entities under this title."; and
(II) in subparagraph (B), in the matter preceding clause (i), by inserting "and, as appropriate, updated," after "developed";
(B) in subsection (b)--
(i) in paragraph (2)(B), by inserting ", and, as appropriate, update," after "review"; and
(ii) in paragraph (3), in the matter preceding subparagraph (A), by inserting "and, as appropriate, updated," after "required"; and
(C) in subsection (c)(1)(D), by inserting ", including if such capability and process employs artificial intelligence" before the semicolon; and
(D) in subsection (d)--
(i) in paragraph (1), by striking "trade secret protection" and inserting "intellectual property protection"; and
(ii) in paragraph (5)(A)--
(I) in clause (iv), by striking "or" after the semicolon;
(II) in clause (v)(III), by striking the period and inserting "; or"; and
(III) by adding at the end the following new clause:
"(vi) the purpose of rapidly providing to other Federal entities awareness of a cybersecurity threat that may impact the information systems of such Federal entities.";
(5) in section 108 (6 U.S.C. 1507; relating to construction and preemption)--
(A) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking "shall be" and inserting "may be";
(ii) in paragraph (2), by striking "or" after the semicolon;
(iii) in paragraph (3), by striking the period and inserting "; or"; and
(iv) by adding at the end the following new paragraph:
"(4) to preclude the use of artificial intelligence that is strictly deployed for cybersecurity purposes in carrying out activities authorized by this title."; and
(B) in subsection (f)(3), by inserting "to share cyber threat indicators or defensive measures" after "relationship";
(6) in section 109 (6 U.S.C. 1508; relating to report on cybersecurity threats)--
(A) in subsection (a)--
(i) by inserting "and not later than September 30 of every two years thereafter," after "Act,";
(ii) by inserting "the Secretary of Homeland Security and" after "in coordination with";
(iii) by inserting "and the Committee on Homeland Security and Governmental Affairs" before "of the Senate";
(iv) by inserting "and the Committee on Homeland Security" before "of the House"; and
(v) by inserting "prepositioning activities, ransomware," after "attacks,"; and
(B) in subsection (b)--
(i) by inserting "prepositioning activities, ransomware," after "attacks," each place it appears; and
(ii) in paragraph (2), by inserting "prepositioning activity, ransomware," after "attack,"; and
(7) in section 111(a) (6 U.S.C. 1510(a), relating to effective period), by striking "September 30, 2026" and inserting "September 30, 2036".
(b) Conforming Amendments.--Section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650; relating to definitions) is amended--
(1) in paragraph (5)--
(A) in subparagraph (B), by inserting "or compromising" after "defeating";
(B) in subparagraph (C), by inserting "including a security vulnerability affecting an information system or a technology included in the critical and emerging technologies list of the Office of Science and Technology Policy or successor list, such as artificial intelligence, which may be in a Federal entity's or non-Federal entity's software or hardware supply chain," after "security vulnerability,";
(C) in subparagraph (D), by inserting "or compromise" after "defeat"; and
(D) in subparagraph (F), by inserting "or compromised" after "exfiltrated";
(2) in paragraph (14), by amending subparagraph (B) to read as follows:
"(B) includes, in accordance with section 104(d)(2) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1503(d)(2)), operational technology, including industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers."; and
(3) in paragraph (25), by inserting "or compromise" after "defeat".
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SA 6214. Mr. BANKS 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:
Text printed in the Record (5,315 characters)
At the appropriate place, insert the following:
SEC. ___. ANNUAL DETERMINATION REGARDING ENTITIES ON THE
DEPARTMENT OF DEFENSE CHINESE MILITARY COMPANY
LIST.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2) Commission.--The term "Commission" means the Federal Communications Commission.
(3) Communications equipment or service.--The term "communications equipment or service" has the meaning given the term in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).
(4) Interagency body.--The term "interagency body" means an executive branch interagency body described in section 2(c)(1) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(c)(1)).
(b) Specific Determination Request.--Not later than 30 days after the date of enactment of this Act, and not less frequently than annually thereafter, the Commission shall request that an interagency body, including the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, as established under Executive Order 13913 (85 Fed. Reg 19643; relating to establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector), make a specific determination regarding whether communications equipment or services produced or provided by either of the following poses unacceptable risks to the national security of the United States or the safety and security of United States persons:
(1) An entity identified on the list maintained under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note).
(2) An affiliate, subsidiary, or joint venture partner of an entity described in paragraph (1).
(c) Specific Determination Required.--
(1) In general.--Not later than 180 days after the date on which an interagency body receives a request from the Commission under subsection (b), the interagency body shall make the determination requested.
(2) Requirements.--
(A) In general.--In making a determination described in paragraph (1), an interagency body shall make a specific assessment with respect to each of the entities described in subparagraph (B) and determine whether, for each of those entities, communications equipment or services produced or provided by that entity pose unacceptable risks to the national security of the United States or the safety and security of United States persons.
(B) Entities described.--An entity described in this subparagraph is each of the following (including any affiliate, subsidiary, or joint venture partner of such an entity):
(i) Hangzhou Yushu Technology Co., Ltd. (commonly known as "Unitree").
(ii) BGI Group.
(iii) MGI Tech Co., Ltd.
(iv) Quectel Wireless Solutions Co., Ltd.
(v) China Mobile Communications Group Co., Ltd.
(vi) Contemporary Amperex Technology Co., Limited (commonly known as "CATL").
(vii) BYD Co., Ltd.
(viii) WuXi AppTec Co., Ltd.
(ix) Yangtze Memory Technologies Co., Ltd. (commonly known as "YMTC").
(x) ChangXin Memory Technologies, Inc. (commonly known as "CXMT").
(3) Scope of review.--In making a specific determination under this subsection, an interagency body shall consider whether communications equipment or services produced or provided by an entity described in paragraph (2)(B)--
(A) are capable of being used to conduct surveillance, collect data, or facilitate unauthorized access to telecommunications networks of the United States or allies of the United States;
(B) contain backdoors, malicious code, or hardware vulnerabilities that could enable exploitation by a foreign adversary described in section 791.4 of title 15, Code of Federal Regulations, or any successor regulation;
(C) are subject to the laws, directives, or policies of the People's Republic of China that could compel assistance to Chinese intelligence or security services, including pursuant to the National Intelligence Law of the People's Republic of China (2017) or the Cybersecurity Law of the People's Republic of China (2017); or
(D) could otherwise pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.
(d) Treatment of Specific Determination.--After an interagency body makes a specific determination under subsection (c)--
(1) the interagency body shall--
(A) transmit that specific determination to the Commission; and
(B) submit to the appropriate congressional committees a report regarding the results of that specific determination; and
(2) if the interagency body, in that specific determination, determines that communications equipment or services produced or provided by an entity pose unacceptable risks to the national security of the United States or the safety and security of United States persons, the Commission shall add those communication equipment or services to the list published under section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601).
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SA 6215. Mr. KENNEDY 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:
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SEC. ____. DEVELOPMENT AND DISSEMINATION OF CIVIC EDUCATION
CURRICULUM AND ORAL HISTORY RESOURCES.
(a) Purposes.--The purposes of this section are the following:
(1) To help families, civic institutions, local communities, local educational agencies, high schools, and State educational agencies to prepare high school students to be civically responsible and knowledgeable adults.
(2) To ensure that high school students in the United States--
(A) learn that communism has led to the deaths of more than 100,000,000 victims worldwide;
(B) understand the dangers of communism and similar political ideologies; and
(C) understand that 1,500,000,000 people still suffer under communism.
(b) Development and Dissemination of Civic Education Curriculum and Oral History Resources.--The independent entity created under section 905(b)(1)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2331), also known as the "Victims of Communism Memorial Foundation", shall--
(1) develop a civic education curriculum for high school students that--
(A) includes a comparative discussion of certain political ideologies, including communism and totalitarianism, that conflict with the principles of freedom and democracy that are essential to the founding of the United States;
(B) is accurate, relevant, and accessible, so as to promote the understanding of such political ideologies; and
(C) is compatible with a variety of courses, including social studies, government, history, and economics classes;
(2) develop oral history resources that may be used alongside the curriculum described in paragraph (1) and that include personal stories, titled "Portraits in Patriotism", from diverse individuals who--
(A) demonstrate civic-minded qualities;
(B) are victims of the political ideologies described in paragraph (1)(A); and
(C) are able to compare the political ideologies described in paragraph (1)(A) with the political ideology of the United States; and
(3) engage with State and local educational leaders to assist high schools in using the curriculum described in paragraph (1) and the resources described in paragraph (2).
(c) Definitions.--The terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) shall apply to this section.
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SA 6216. Mr. KENNEDY 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:
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At the appropriate place in title X, insert the following:
SEC. __. EDUCATE ACT.
(a) Short Title.--This section may be cited as the "Embracing anti-Discrimination, Unbiased Curricula, and Advancing Truth in Education Act" or the "EDUCATE Act".
(b) Limitation on Availability of Funds for Certain Graduate Medical Schools.--Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:
"SEC. 124. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
GRADUATE MEDICAL SCHOOLS.
"(a) Limitation.--Notwithstanding any other provision of law, no graduate medical school at an institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless the institution certifies to the Secretary that the institution does not, and will not, do any of the following:
"(1) Direct, compel, or incentivize students, faculty, or staff of the medical school to personally state, pledge, recite, affirm, or otherwise adopt any of the following tenets:
"(A) That any sex, race, ethnicity, religion, color, or national origin makes an individual a member of oppressed or oppressor categories.
"(B) That individuals should be adversely treated on the basis of their sex, race, ethnicity, religion, color, or national origin.
"(C) That individuals, by virtue of sex, race, ethnicity, religion, color, or national origin, are inherently responsible for actions committed in the past by other members of the same sex, race, ethnicity, religion, color, or national origin.
"(D) That the United States is systemically, structurally, or institutionally racist, or that racism is weaved into the `ordinary business of society', or that the United States is an oppressive nation.
"(2) Take any action that would deprive or tend to deprive a medical student of educational opportunities or otherwise adversely affect their status as a student, on the basis of race, color, or ethnicity, including--
"(A) making a distinction or classification of medical school students on the basis of race, color, or ethnicity;
"(B) establishing a privilege or benefit for students solely on the basis of race, color, or ethnicity;
"(C) providing a course of instruction for students solely on the basis of race, color, or ethnicity; or
"(D) otherwise distinguishing students by race, color, or ethnicity.
"(3) Require a course of instruction or unit of study at the medical school directing or otherwise compelling students, faculty, or staff to personally state, pledge, recite, affirm, or otherwise adopt any of the tenets specified in paragraph (1).
"(4) Establish, maintain, or contract with a diversity, equity, and inclusion office, or any other functional equivalent of such an office, to serve the medical school.
"(5) Require or incentivize an individual to complete a diversity statement professing or adhering to diversity, equity, and inclusion as a condition of, or benefit in, admission or employment at such school.
"(b) Definitions.--In this section:
"(1) Diversity, equity, and inclusion office.--The term `diversity, equity, and inclusion office' means any component of an institution of higher education, including any division, unit, or center of such an institution, that is responsible for compelling individuals
to state, pledge, recite, affirm, or otherwise adopt ideas that are in violation of title IV or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.; 2000d et seq.), including the following:
"(A) That individuals of any race, sex, ethnicity, color, or national origin are inherently members of an oppressed or oppressor category.
"(B) That individuals should be adversely or advantageously treated on the basis of their race, sex, ethnicity, color, or national origin.
"(C) That individuals, by virtue of race, sex, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past or present by other members of the same race, ethnicity, color, or national origin.
"(2) Diversity statement.--The term `diversity statement' means any written or oral statement that--
"(A) discusses the immutable characteristics, including race, sex, color, ethnicity, or country of origin of any applicant for enrollment, admission, employment, or advancement at an institution of higher education;
"(B) affirms that individuals of any race, sex, ethnicity, color, or national origin are inherently superior or inferior;
"(C) affirms that individuals should be adversely or advantageously treated on the basis of their race, sex, ethnicity, color, or national origin; or
"(D) affirms that individuals, by virtue of race, sex, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other members of the same race, ethnicity, color, or national origin.
"(3) Institution of higher education.--The term `institution of higher education' has the meaning given that term in section 102.".
(c) Conforming Requirements for Accrediting Agencies and Associations.--Section 496(a) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)) is amended--
(1) in paragraph (7), by striking "and" at the end;
(2) in paragraph (8), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following:
"(9) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering graduate medical education, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that the agency or association does not require an institution or program to adopt any policies or other requirements in contravention of section 124 as a condition of receiving accreditation from the agency or association.".
(d) Rules of Construction.--Nothing in this section or the amendments made by this section shall be construed--
(1) to prohibit a graduate medical school at an institution of higher education from--
(A) providing instruction about unique medical needs or conditions that may be related to an individual's sex, race, or other characteristics; or
(B) collecting and maintaining demographic data on students solely for informational purposes;
(2) in the case of an institution with a religious mission, to require or incentivize the institution to take any action that is contrary to the tenets of such religion; or
(3) to restrict or prohibit--
(A) the exercise of First Amendment rights by anyone lawfully present on the grounds of an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002));
(B) academic instruction at such an institution, except to the extent required under paragraphs (2)(C) and (3) of section 124(a) of the Higher Education Act of 1965 (as added by section 2);
(C) research operations at such an institution;
(D) the operations of student organizations at such an institution;
(E) the invitation of lecturers and other guest speakers to such an institution; or
(F) the ability of an institution to comply with Federal and State anti-discrimination laws.
(e) Severability.--If any provision of this section or an amendment made by this section is held invalid, the remainder of this section and the amendments made by this section shall not be affected thereby.
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SA 6217. Mr. KENNEDY 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:
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SEC. _. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.
Section 2718(e) of the Public Health Service Act (42 U.S.C. 300gg-18(e)) is amended--
(1) by striking "Each hospital" and inserting the following:
"(1) In general.--Each hospital";
(2) by inserting ", in accordance with paragraph (2)," after "for each year"; and
(3) by adding at the end the following:
"(2) Timing requirements.--
"(A) In general.--Each hospital operating in the United States on the date of enactment of this paragraph shall, not later than 6 months after such date of enactment and every year thereafter, establish (and update) and make public the list under paragraph (1).
"(B) Newly operating hospitals.--In the case of a hospital that begins operating in the United States after the date of enactment of this paragraph, the hospital shall comply with the requirements described in subparagraph (A) not later than 6 months after the date on which the hospital begins such operation and every year thereafter.
"(3) Prohibition on shielding information.--No hospital may shield the information required under paragraph (1) from online search results through webpage coding.
"(4) Civil monetary penalties.--
"(A) In general.--A hospital that fails to comply with the requirements of this subsection for a year shall be subject to a civil monetary penalty of an amount not to exceed--
"(i) in the case of a hospital with a bed count of 30 or fewer, $600 for each day in which the hospital fails to comply with such requirements;
"(ii) in the case of a hospital with a bed count that is greater than 30 and equal to or fewer than 550, $20 per bed for each day in which the hospital fails to comply with such requirements; or
"(iii) in the case of a hospital with a bed count that is greater than 550, $11,000 for each day in which the hospital fails to comply with such requirements.
"(B) Procedures.--
"(i) In general.--Except as otherwise provided in this subsection, a civil monetary penalty under subparagraph (A) shall be imposed and collected in accordance with part 180 of title 45, Code of Federal Regulations (or successor regulations).
"(ii) Timing.--A hospital shall pay in full a civil monetary penalty imposed on the hospital under subparagraph (A) not later than--
"(I) 60 calendar days after the date on which the Secretary issues a notice of the imposition of such penalty; or
"(II) in the event the hospital requests a hearing pursuant to subpart D of part 180 of title 45, Code of Federal Regulations (or successor regulations), 60 calendar days after the date of a final and binding decision in accordance with such subpart, to uphold, in whole or in part, the civil monetary penalty.
"(5) List of hospitals not in compliance.--The Secretary shall publish a list of the name of each hospital that is not in compliance with the requirements under this subsection. Such list shall be published 280 days after the date of enactment of this paragraph and every 180 days thereafter.".
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SA 6218. Mr. KENNEDY 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:
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At the appropriate place in title X, insert the following:
SEC. ___. ADDING SUICIDE PREVENTION CONTACT INFORMATION TO
SCHOOL IDENTIFICATION CARDS.
(a) In General.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:
"(30)(A) In the case of an institution that creates and distributes--
"(i) physical student identification cards for students at any time after the effective date of this paragraph, such institution shall include phone contact information of the 988 Suicide & Crisis Lifeline on each such card and may print, on one side of such card, a contact number for--
"(I)(aa) the Crisis Text Line; or
"(bb) another nonprofit organization that--
"(AA) is dedicated to suicide prevention;
"(BB) has mobile messaging capabilities; and
"(CC) has demonstrated the capacity to provide mental health support; or
"(II) a campus mental health center or local program, as determined by the institution; and
"(ii) digital student identification cards for students at any time after the effective date of this paragraph, such institution shall include phone contact information of the 988 Suicide & Crisis Lifeline on each such card and may include a contact number for--
"(I)(aa) the Crisis Text Line; or
"(bb) another nonprofit organization that--
"(AA) is dedicated to suicide prevention;
"(BB) has mobile messaging capabilities; and
"(CC) has demonstrated the capacity to provide mental health support; or
"(II) a campus mental health center or local program, as determined by the institution.
"(B) In the case of an institution that does not create and distribute identification cards for students at any time after the effective date of this paragraph, such institution shall
publish the suicide prevention contact information specified in subparagraph (A)(i) on the website of such institution.
"(C) In this paragraph--
"(i) the term `digital student identification card' means a digital identification, digital wallet, mobile identification, or similar application or representation issued by an institution of higher education to identify and authenticate the status or information of a student at the institution of higher education; and
"(ii) the term `physical student identification card' means a tangible, nondigital card or document issued by an institution of higher education to identify and authenticate the status or information of a student at the institution of higher education.".
(b) Effective Date.--The amendment made by subsection (a) shall take effect beginning on the day that is 2 years after the date of enactment of this Act.
(c) Rule of Construction.--Nothing in the amendment made by subsection (a) shall be construed to require an institution of higher education to reissue an unexpired physical student identification card or a digital student identification card issued to a student of the institution of higher education prior to the effective date of such subsection.
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SA 6219. Mr. KENNEDY 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:
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At end of title X, add the following:
Subtitle H--Protecting Our Courts From Foreign Manipulation Act of 2025
SEC. ___01. SHORT TITLE.
This subtitle may be cited as the "Protecting Our Courts from Foreign Manipulation Act of 2025".
SEC. ___02. TRANSPARENCY AND LIMITATIONS ON FOREIGN THIRD-
PARTY LITIGATION FUNDING.
(a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following:
"Sec. 1660. Transparency and limitations on foreign third-
party litigation funding
"(a) Definitions.--In this section--
"(1) the term `foreign person'--
"(A) means any person or entity that is not a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and
"(B) does not include a foreign state or a sovereign wealth fund;
"(2) the term `foreign state' has the meaning given that term in section 1603; and
"(3) the term `sovereign wealth fund' means an investment fund owned or controlled by--
"(A) a foreign state, an agency or instrumentality of a foreign state (as defined in section 1603); or
"(B)(i) an entity, a majority of whose shares or other ownership interest is owned or controlled by an investment fund owned or controlled by a foreign state, or by an agency or instrumentality of a foreign state (as defined in section 1603); or
"(ii) any subsidiary of an entity described in clause (i).
"(b) Disclosure of Third-Party Litigation Funding and Foreign Source Certification by Foreign Persons, Foreign States, and Sovereign Wealth Funds.--
"(1) In general.--In any civil action, each party or the counsel of record for the party shall--
"(A) disclose in writing to the court, to all other named parties to the civil action, to the Attorney General, and to the Principal Deputy Assistant Attorney General for National Security--
"(i) the name, the address, and, if applicable, the citizenship or the country of incorporation or registration of any foreign person, foreign state, or sovereign wealth fund, other than the named parties or counsel of record, that has a right to receive any payment that is contingent in any respect on the outcome of the civil action by settlement, judgment, or otherwise;
"(ii) the name, the address, and, if applicable, the citizenship or the country of incorporation or registration of any foreign person, foreign state, or sovereign wealth fund, other than the named parties or counsel of record, that has a right to receive any payment that is contingent in any respect on the outcome of any matter within a portfolio that includes the civil action and involves the same counsel of record or affiliated counsel; and
"(iii) if the party or the counsel of record for the party submits a certification described in subparagraph (C)(i), the name, the address, and, if applicable, the citizenship or the country of incorporation or registration of the foreign person, foreign state, or sovereign wealth fund that is the source of the money;
"(B) produce to the court, to all other named parties to the civil action, to the Attorney General, and to the Principal Deputy Assistant Attorney General for National Security, except as otherwise stipulated or ordered by the court, a copy of any agreement creating a contingent right described in subparagraph (A); and
"(C) for a civil action involving an agreement creating a right to receive any payment by anyone, other than the named parties or counsel of record, that is contingent in any respect on the outcome of the civil action by settlement, judgment, or otherwise, or on the outcome of any matter within a portfolio that includes the civil action and involves the same counsel or affiliated counsel, submit to the court a certification that--
"(i) the money that has been or will be used to satisfy any term of the agreement has been or will be directly or indirectly sourced, in whole or in part, from a foreign person, foreign state, or sovereign wealth fund, including the monetary amounts that have been or will be used to satisfy the agreement; or
"(ii) that the disclosure and certification criteria set forth in subparagraph (A)(iii) and clause (i) of this subparagraph do not apply to the civil action.
"(2) Timing.--
"(A) In general.--The disclosure and certification required by paragraph (1) shall be made not later than the later of--
"(i) 30 days after execution of any agreement described in paragraph (1); or
"(ii) the date on which the civil action is filed.
"(B) Parties served or joined later.--A party that enters into an agreement described in paragraph (1) that is first served or joined after the date on which the civil action is filed shall make the disclosure and certification required by paragraph (1) not later than 30 days after being served or joined, unless a different time is set by stipulation or court order.
"(3) Foreign source disclosure and certification format.--
"(A) In general.--A disclosure required under paragraph (1)(A) and a certification required under paragraph (1)(C) shall--
"(i) be made in the form of a declaration under penalty of perjury pursuant to section 1746 and shall be made to the best knowledge, information, and belief of the declarant formed after reasonable inquiry; and
"(ii) be provided to all other named parties to the civil action, to the Attorney General, and to the Principal Deputy Assistant Attorney General for National Security by the party or counsel of record for the party making the disclosure and certification, except as otherwise stipulated or ordered by the court.
"(B) Supplementation and correction.--Not later than 30 days after the date on which a party or counsel of record for the party knew or should have known that the disclosure required under paragraph (1)(A) or a certification required under paragraph (1)(C) is incomplete or inaccurate in any material respect, the party or counsel of record shall supplement or correct the disclosure or certification.
"(c) Prohibition on Third-Party Funding Litigation by Foreign States and Sovereign Wealth Funds.--
"(1) In general.--It shall be unlawful for any party to, or counsel of record in a civil action to, enter into an agreement creating a right for anyone, other than the named parties or counsel of record, to receive any payment that is contingent in any respect on the outcome of a civil action, or any matter within a portfolio that includes the civil action, and involves the same counsel of record or affiliated counsel, the terms of which are to be satisfied by money that has been or will be directly or indirectly sourced, in whole or in part, from a foreign state or a sovereign wealth fund.
"(2) Enforcement.--Any agreement entered in violation of paragraph (1) shall be null and void.
"(d) Failure To Disclose, To Supplement; Sanctions.--A disclosure, production, or certification under subsection (b) is deemed to be information required by rule 26(a) of the Federal Rules of Civil Procedure and subject to the sanctions provisions of rule 37 of the Federal Rules of Civil Procedure.".
(b) Technical and Conforming Amendment.--The table of sections chapter 111 of title 28, United States Code, is amended by adding at the end the following:
"1660. Transparency and limitations on foreign third-party litigation funding.".
SEC. ___03. REPORT TO CONGRESS.
Not later than 1 year 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 on the activities involving foreign third-party litigation funding in Federal courts, including, if applicable--
(1) the identities of foreign third-party litigation funders in Federal courts, including names, addresses, and citizenship or country of incorporation or registration;
(2) the identities of foreign persons, foreign states, or sovereign wealth funds (as such terms are defined in section 1660 of title 28, United States Code, as added by section ___02 of this subtitle) that have been the sources of money for third-party litigation funding in Federal courts;
(3) the judicial districts in which foreign third-party litigation funding has occurred;
(4) an estimate of the total amount of foreign-sourced money used for third-party litigation funding in Federal courts, including
an estimate of the amount of such money sourced from each country; and
(5) a summary of the subject matters of the civil actions in Federal courts for which foreign sourced money has been used for third-party litigation funding.
SEC. ___04. APPLICABILITY.
The amendments made by this subtitle shall apply to any civil action pending on or commenced on or after the date of enactment of this Act.
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SA 6220. Mr. KENNEDY 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:
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At the end of title X, add the following:
Subtitle H--Independent and Objective Oversight of Ukrainian Assistance Act
SEC. 1094. PURPOSES.
The purposes of this subtitle are--
(1) to provide for the independent and objective conduct and supervision of audits and investigations relating to the programs and operations funded with amounts appropriated or otherwise made available to Ukraine for military, economic, and humanitarian aid;
(2) to provide for the independent and objective leadership and coordination of, and recommendations concerning, policies designed--
(A) to promote economic efficiency and effectiveness in the administration of the programs and operations described in paragraph (1); and
(B) to prevent and detect waste, fraud, and abuse in such programs and operations; and
(3) to provide for an independent and objective means of keeping the Secretary of State, the Secretary of Defense, and the heads of other relevant Federal agencies fully and currently informed about--
(A) problems and deficiencies relating to the administration of the programs and operations described in paragraph (1); and
(B) the necessity for, and the progress toward implementing, corrective action related to such programs.
SEC. 1095. DEFINITIONS.
In this subtitle:
(1) Amounts appropriated or otherwise made available for the military, economic, and humanitarian aid to ukraine.--The term "amounts appropriated or otherwise made available for the military, economic, and humanitarian aid for Ukraine" means amounts appropriated or otherwise made available for any fiscal year--
(A) for the Ukraine Security Assistance Initiative;
(B) for Foreign Military Financing funding for Ukraine;
(C) to the Department of State under the heading "nonproliferation, anti-terrorism, demining and related programs"; and
(D) under titles III and VI of the Ukraine Supplemental Appropriations Act (division N of Public Law 117-103).
(2) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on Homeland Security and Governmental Affairs of the Senate;
(E) the Committee on Appropriations of the House of Representatives;
(F) the Committee on Armed Services of the House of Representatives;
(G) the Committee on Foreign Affairs of the House of Representatives; and
(H) the Committee on Oversight and Reform of the House of Representatives.
(3) Office.--The term "Office" means the Office of the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid established under section 1096(a).
(4) Special inspector general.--The term "Special Inspector General" means the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid appointed pursuant to section 1096(b).
SEC. 1096. ESTABLISHMENT OF OFFICE OF THE SPECIAL INSPECTOR
GENERAL FOR UKRAINIAN MILITARY, ECONOMIC, AND
HUMANITARIAN AID.
(a) In General.--There is hereby established the Office of the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid to carry out the purposes set forth in section 1094.
(b) Appointment of Special Inspector General.--The head of the Office shall be the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid, who shall be appointed by the President. The first Special Inspector General shall be appointed not later than 30 days after the date of the enactment of this Act.
(c) Qualifications.--The appointment of the Special Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.
(d) Compensation.--The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(e) Prohibition on Political Activities.--For purposes of section 7324 of title 5, United States Code, the Special Inspector General is not an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law.
(f) Removal.--The Special Inspector General shall be removable from office in accordance with section 403(b) of title 5, United States Code.
SEC. 1097. ASSISTANT INSPECTORS GENERAL.
The Special Inspector General, in accordance with applicable laws and regulations governing the civil service, shall appoint--
(1) an Assistant Inspector General for Auditing, who shall supervise the performance of auditing activities relating to programs and operations supported by amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine; and
(2) an Assistant Inspector General for Investigations, who shall supervise the performance of investigative activities relating to the programs and operations described in paragraph (1).
SEC. 1098. SUPERVISION.
(a) In General.--Except as provided in subsection (b), the Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and the Secretary of Defense.
(b) Independence To Conduct Investigations and Audits.--No officer of the Department of Defense, the Department of State, the United States Agency for International Development, or any other relevant Federal agency may prevent or prohibit the Special Inspector General from--
(1) initiating, carrying out, or completing any audit or investigation related to amounts appropriated or otherwise made available for the military, economic, and humanitarian aid to Ukraine; or
(2) issuing any subpoena during the course of any such audit or investigation.
SEC. 1099. DUTIES.
(a) Oversight of Military, Economic, and Humanitarian Aid to Ukraine Provided After February 24, 2022.--The Special Inspector General shall conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine, and of the programs, operations, and contracts carried out utilizing such funds, including--
(1) the oversight and accounting of the obligation and expenditure of such funds;
(2) the monitoring and review of reconstruction activities funded by such funds;
(3) the monitoring and review of contracts funded by such funds;
(4) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the United States and private and nongovernmental entities;
(5) the maintenance of records regarding the use of such funds to facilitate future audits and investigations of the use of such funds;
(6) the monitoring and review of the effectiveness of United States coordination with the Government of Ukraine, major recipients of Ukrainian refugees, partners in the region, and other donor countries;
(7) the investigation of overpayments (such as duplicate payments or duplicate billing) and any potential unethical or illegal actions of Federal employees, contractors, or affiliated entities; and
(8) the referral of reports compiled as a result of such investigations, as necessary, to the Department of Justice to ensure further investigations, prosecutions, recovery of funds, or other remedies.
(b) Other Duties Related to Oversight.--The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duties described in subsection (a).
(c) Consultation.--The Special Inspector General shall consult with the appropriate congressional committees before engaging in auditing activities outside of Ukraine.
(d) Duties and Responsibilities Under Chapter 4 of Title 5, United States Code.--In addition to the duties specified in subsections (a) and (b), the Special Inspector General shall have the duties and responsibilities of inspectors general under chapter 4 of title 5, United States Code.
(e) Coordination of Efforts.--In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this subtitle, the Special Inspector General shall coordinate with, and receive cooperation from--
(1) the Inspector General of the Department of Defense;
(2) the Inspector General of the Department of State;
(3) the Inspector General of the United States Agency for International Development; and
(4) the Inspector General of any other relevant Federal agency.
SEC. 1099A. POWERS AND AUTHORITIES.
(a) Authorities Under Chapter 4 of Title 5, United States Code.--
(1) In general.--Except as provided in paragraph (2), in carrying out the duties
specified in section 1096, the Special Inspector General shall have the authorities provided under section 406 of title 5, United States Code, including the authorities under subsection (e) of such section.
(2) Limitation.--The Special Inspector General is not authorized to audit or investigate the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
(b) Audit Standards.--The Special Inspector General shall carry out the duties specified in section 1099(a) in accordance with section 404(b)(1) of title 5, United States Code.
(c) Expedited Hiring Authority.--
(1) In general.--Subject to paragraph (2), the Special Inspector General may exercise any authority provided to the head of a temporary organization under section 3161 of title 5, United States Code, without regard to whether the Office qualifies as a temporary organization under subsection (a) of such section.
(2) Limitations.--With respect to the exercise of authority under subsection (b) of section 3161 of title 5, United States Code, as authorized under paragraph (1)--
(A) the Special Inspector General may not make any appointment under that subsection on or after the later of--
(i) the date that is 180 days after the date of enactment of this Act; or
(ii) the date that is 180 days after the date on which the Special Inspector General is confirmed by the Senate;
(B) paragraph (2) of that subsection (relating to periods of appointments) shall not apply; and
(C) no period of an appointment made under that subsection may extend after the date on which the Office terminates under section 1099F.
(3) Reemployment of annuitants.--
(A) In general.--Subject to subparagraph (B), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position in the Office--
(i) the annuity of that annuitant shall continue; and
(ii) such reemployed annuitant shall not be considered to be an employee for the purposes of chapter 83 or 84 of title 5, United States Code.
(B) Limitations.--Subparagraph (A) shall apply to--
(i) not more than 25 employees of the Office at any particular time, as designated by the Special Inspector General; and
(ii) pay periods beginning after the date of enactment of this Act.
SEC. 1099B.
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PERSONNEL, FACILITIES, AND OTHER RESOURCES.
(a) Personnel.--The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of--
(1) chapter 33 of title 5, United States Code, governing appointments in the competitive service; and
(2) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.
(b) Employment of Experts and Consultants.--The Special Inspector General may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-15 of the General Schedule under section 5332 of such title.
(c) Contracting Authority.--To the extent and in such amounts as may be provided in advance by appropriations Acts, the Special Inspector General may--
(1) enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons; and
(2) make such payments as may be necessary to carry out the duties of the Special Inspector General.
(d) Resources.--The Secretary of State or the Secretary of Defense, as appropriate, shall provide the Special Inspector General with--
(1) appropriate and adequate office space at appropriate locations of the Department of State or the Department of Defense, as appropriate, in Ukraine or in European partner countries;
(2) such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices; and
(3) necessary maintenance services for such offices and the equipment and facilities located in such offices.
(e) Assistance From Federal Agencies.--
(1) In general.--Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, 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 Special Inspector General or an authorized designee.
(2) Reporting of refused assistance.--Whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall immediately report the circumstances to--
(A) the Secretary of State or the Secretary of Defense, as appropriate; and
(B) the appropriate congressional committees.
SEC. 1099C. REPORTS.
(a) Quarterly Reports.--Not later than 30 days after the end of each quarter of each fiscal year, the Special Inspector General shall submit to the appropriate congressional committees, the Secretary of State, and the Secretary of Defense a report that--
(1) summarizes, for the applicable quarter, and to the extent possible, for the period from the end of such quarter to the date on which the report is submitted, the activities during such period of the Special Inspector General and the activities under programs and operations funded with amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine; and
(2) includes, for applicable quarter, a detailed statement of all obligations, expenditures, and revenues associated with military, economic, and humanitarian activities in Ukraine, including--
(A) obligations and expenditures of appropriated funds;
(B) a project-by-project and program-by-program accounting of the costs incurred to date for military, economic, and humanitarian aid to Ukraine, including an estimate of the costs to be incurred by the Department of Defense, the Department of State, the United States Agency for International Development, and other relevant Federal agencies to complete each project and each program;
(C) revenues attributable to, or consisting of, funds provided by foreign nations or international organizations to programs and projects funded by any Federal department or agency and any obligations or expenditures of such revenues;
(D) revenues attributable to, or consisting of, foreign assets seized or frozen that contribute to programs and projects funded by any Federal department or agency and any obligations or expenditures of such revenues;
(E) operating expenses of entities receiving amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine; and
(F) for any contract, grant, agreement, or other funding mechanism described in subsection (b)--
(i) the dollar amount of the contract, grant, agreement, or other funding mechanism;
(ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism;
(iii) a discussion of how the Federal department or agency involved in the contract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, including a list of the potential individuals or entities that were issued solicitations for the offers; and
(iv) the justification and approval documents on which the determination to use procedures other than procedures that provide for full and open competition was based.
(b) Covered Contracts, Grants, Agreements, and Funding Mechanisms.--A contract, grant, agreement, or other funding mechanism described in this subsection is any major contract, grant, agreement, or other funding mechanism that is entered into by any Federal department or agency that involves the use of amounts appropriated or otherwise made available for the military, economic, or humanitarian aid to Ukraine with any public or private sector entity--
(1) to build or rebuild the physical infrastructure of Ukraine;
(2) to establish or reestablish a political or societal institution of Ukraine;
(3) to provide products or services to the people of Ukraine; or
(4) to provide security assistance to Ukraine.
(c) Public Availability.--The Special Inspector General shall publish each report submitted pursuant to subsection (a) on a publicly available internet website in English, Ukrainian, and Russian.
(d) Form.--Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Special Inspector General determines that a classified annex is necessary.
(e) Submission of Comments to Congress.--During the 30-day period beginning on the date a report is received pursuant to subsection (a), the Secretary of State and the Secretary of Defense may submit comments to the appropriate congressional committees, in unclassified form, regarding any matters covered by the report that the Secretary of State or the Secretary of Defense considers appropriate. Such comments may include a classified annex if the Secretary of State or the Secretary of Defense considers such annex to be necessary.
(f) Rule of Construction.--Nothing in this section may be construed to authorize the public disclosure of information that is--
(1) specifically prohibited from disclosure by any other provision of law;
(2) specifically required by Executive order to be protected from disclosure in the interest of defense or national security or in the conduct of foreign affairs; or
(3) a part of an ongoing criminal investigation.
SEC. 1099D. TRANSPARENCY.
(a) Report.--Except as provided in subsection (c), not later than 60 days after receiving a report pursuant to section 1099C(a), the Secretary of State and the Secretary of
Defense shall jointly make copies of the report available to the public upon request and at a reasonable cost.
(b) Comments.--Except as provided in subsection (c), not later than 60 days after submitting comments pursuant to section 1099C(e), the Secretary of State and the Secretary of Defense shall jointly make copies of such comments available to the public upon request and at a reasonable cost.
(c) Waiver.--
(1) Authority.--The President may waive the requirement under subsection (a) or (b) with respect to availability to the public of any element in a report submitted pursuant to section 1099C(a) or any comments submitted pursuant to section 1099C(e) if the President determines that such waiver is justified for national security reasons.
(2) Notice of waiver.--The President shall publish a notice of each waiver made under paragraph (1) in the Federal Register not later than the date of the submission to the appropriate congressional committees of a report required under section 1099C(a) or any comments submitted pursuant to section 1099C(e). Each such report and comments shall specify whether a waiver was made pursuant to paragraph (1) and which elements in the report or the comments were affected by such waiver.
SEC. 1099E. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $20,000,000 for fiscal year 2027 to carry out this subtitle.
(b) Rescission.--Of the amount appropriated under the heading "assistance for europe, eurasia, and central asia" in title IV of the Ukraine Security Supplemental Appropriations Act, 2024 (division B of Public Law 118-50), $20,000,000 is rescinded.
SEC. 1099F. TERMINATION.
(a) In General.--The Office shall terminate on the day that is 180 days after the date on which amounts appropriated or otherwise made available for the reconstruction of Ukraine that are unexpended are less than $250,000,000.
(b) Final Report.--Before the termination date referred to in subsection (a), the Special Inspector General shall prepare and submit to the appropriate congressional committees a final forensic audit report on programs and operations funded with amounts appropriated or otherwise made available for the military, economic, and humanitarian aid to Ukraine.
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SA 6221. Mr. KENNEDY 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:
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At the end of subtitle C of title XII, add the following:
SEC. 1229A. SENSE OF CONGRESS ON NATO MEMBER DEFENSE
SPENDING.
Congress--
(1) congratulates President Donald J. Trump and NATO leadership on the new commitment to defense investment, and commends the Alliance for its renewed focus on collective defense;
(2) lauds NATO members who spent more than 2 percent of their GDP on defense prior to the Hague Summit;
(3) strongly urges NATO leadership to compel members to adhere to the 5 percent GDP commitment to defense spending;
(4) calls on all NATO allies to ensure their non-traditional defense expenditures are demonstrably aligned with legitimate defense objectives; and
(5) reaffirms the importance of NATO and the commitment of the United States Senate to maintaining a strong, capable, and united Alliance.
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SA 6222. Mr. KENNEDY 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1270A. REQUIREMENTS RELATING TO MODIFICATION OF
AGREEMENT CONCERNING THE BRITISH INDIAN OCEAN
TERRITORY.
(a) Short Title.--This section may be cited as the "Diego Garcia Treaty Oversight Act".
(b) 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 Armed Services of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Covered agreement.--The term "covered agreement" means the Exchange of notes constituting an agreement concerning the availability for defense purposes of the British Indian Ocean Territory, dated December 30, 1966.
(c) In General.--Any modification to the covered agreement shall require the advice and consent of the Senate.
(d) Prohibition on Use of Funds.--None of the funds authorized to be appropriated, appropriated, or otherwise made available for any Federal department or agency may be obligated or expended to modify the covered agreement unless the Senate has provided advice and consent for such modification.
(e) Report Required.--
(1) In general.--Before entering into any negotiation regarding modification of the covered agreement, the President shall submit to the appropriate committees of Congress a report detailing--
(A) the national security rationale for the proposed modification;
(B) the implications of the proposed modification for United States operational control of Diego Garcia; and
(C) any risks posed by third-party sovereign claims or foreign military presence.
(2) Form.--The report required under paragraph (1) shall be submitted in classified and unclassified forms.
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SA 6223. Mr. KENNEDY 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:
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At the end of title XII, add the following:
Subtitle F--U.S.-South Africa Bilateral Relations Review Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "U.S.-South Africa Bilateral Relations Review Act".
SEC. 1282. FINDINGS.
Congress finds the following:
(1) The actions of the African National Congress (ANC), which since 1994 has held a governing majority and controlled South Africa's executive branch, are inconsistent with its publicly stated policy of nonalignment in international affairs.
(2) In contrast to its stated stance of nonalignment, the Government of South Africa has a history of siding with malign actors, including Hamas, a United States-designated Foreign Terrorist Organization and a proxy of the Iranian regime, and continues to pursue closer ties with the People's Republic of China (PRC) and the Russian Federation.
(3) The Government of South Africa's support of Hamas dates back to 1994, when the ANC first came into power, taking a hardline stance of consistently accusing Israel of practicing apartheid.
(4) Following Hamas' unprovoked and unprecedented horrendous attack on Israel on October 7, 2023, where Hamas terrorists killed and kidnapped hundreds of Israelis, members of the Government of South Africa and leaders of the ANC have delivered a variety of antisemitic and anti-Israel-related statements and actions, including--
(A) on October 7, 2023, South Africa's Foreign Ministry released a statement expressing concern of "escalating violence", urging Israel's restraint in response, and implicitly blaming Israel for provoking the attack through "continued illegal occupation of Palestine land, continued settlement expansion, desecration of the Al Aqsa Mosque and Christian holy sites, and ongoing oppression of the Palestinian people";
(B) on October 8, 2023, the ANC's national spokesperson, Mahlengi Bhengu-Motsiri, said of the devastating Hamas attack, "the decision by Palestinians to respond to the brutality of the settler Israeli apartheid regime is unsurprising";
(C) on October 14, 2023, President Cyril Ramaphosa of South Africa accused Israel of "genocide" in statements during a pro-Palestinian rally;
(D) on October 17, 2023, South African Foreign Minister Naledi Pandor accepted a call with Hamas Leader Ismail Haniyeh;
(E) on October 22, 2023, South African Foreign Minister Naledi Pandor visited Tehran and met with President Raisi of the Islamic Republic of Iran, which is actively funding Hamas;
(F) on November 7, 2023, in a parliamentary address Foreign Minister Pandor called for the International Criminal Court to charge Israeli Prime Minister Benjamin Netanyahu with war crimes;
(G) on November 17, 2023, South Africa, along with 4 other countries, submitted a joint request to the International Criminal Court for an investigation into war crimes being committed in the Palestinian territories;
(H) on December 5, 2023, the ANC hosted three members of Hamas in Pretoria, including Khaled Qaddoumi, Hamas's representative to Iran, and Bassem Naim, a member of Hamas's political bureau in Gaza;
(I) on December 29, 2023, South Africa filed a politically motivated suit in the International Court of Justice wrongfully accusing Israel of committing genocide;
(J) South African Foreign Minister Pandor, who--
(i) was quoted in March 2024 as saying that South Africa will arrest Israeli-South Africans who are fighting in the Israeli Defense
Forces upon their return home and could strip them of their South African citizenship; and
(ii) has implicitly encouraged protests outside of the United States Embassy;
(K) on October 7, 2024, the ANC commemorated only the Palestinian lives lost to Israel, while accusing Israel of genocide;
(L) in October 2024, South Africa filed its Memorial to the International Court of Justice, accusing Israel of genocidal actions to depopulate Gaza through mass death and displacement;
(M) in November 2024, South Africa appointed Ebrahim Rasool as their Ambassador to the United States, who previously hosted senior Hamas officials to South Africa when he was the Premier of the Western Cape and, in 2020, was a speaker at an annual event hosted by the Iranian regime to celebrate Hezbollah's resist ance against Israel; and
(N) the ANC's ongoing attempt to rename the street that the United States Consulate in Johannesburg is located on as "Leila Khaled Drive", including a quote from ANC first Deputy Secretary General Nomvula Mokonyane stating, "We want the United States of America embassy to change their letterhead to Number 1 Leila Khaled Drive.".
(5) The Government of South Africa has pursued increasingly close relations with the Government of the Russian Federation, which has been accused of perpetrating war crimes in Ukraine and indiscriminately undermines human rights. South Africa's robust relationship with Russia spans the military and political space, including--
(A) allowing a United States-sanctioned Russian cargo ship, the Lady R, to dock and transfer arms at a South African naval base in December 2022;
(B) hosting offshore naval exercises, entitled "Operation Mosi II", carried out jointly with the PRC and Russia, between February 17 and 27, 2023, corresponding with the 1-year anniversary of Russia's unjustified and unprovoked invasion of Ukraine;
(C) authorizing a United States-sanctioned Russian military cargo airplane to land at a South African Air Force Base;
(D) reneging on its initial call for the Russian Federation to immediately withdraw its forces from Ukraine and actively seeking improved relations with Moscow since February 2022;
(E) dispatching multiple high-level official delegations to Russia to further political, intelligence, and military cooperation;
(F) United States sanctioned oligarch Viktor Vekselberg donating $826,000 to the ANC in 2022; and
(G) the ANC publishing an article in their newspaper, ANC Today, in October 2024 promoting Russian propaganda about the war in Ukraine.
(6) Interactions between the Governments of South Africa the People's Republic of China and ANC interactions with the Chinese Communist Party (CCP), who are committing gross violations of human rights in the Xinjiang province and implement economically coercive tactics around the globe, undermine South Africa's democratic constitutional system of governance, as exemplified in--
(A) ongoing ANC and CCP inter-party cooperation, especially with the fundamental incompatibility between the civil and democratic rights guaranteed in South Africa's Constitution and the CCP's routine suppression of free expression and individual rights;
(B) the recruitment of former United States and NATO fighter pilots to train Chinese People's Liberation Army pilots at the Test Flying Academy of South Africa, which the Department of Commerce added to the Entity List on June 12, 2023;
(C) South Africa's hosting of 6 PRC Government-backed and CCP-linked Confucius Institutes, a type of entity that a CCP official characterized as an "important part of the CCP's external propaganda structure", the most of any country in Africa;
(D) South Africa's participation in a political training school opened in Tanzania funded by the Chinese Communist Party where it trains political members of the ruling liberation movements in six Southern African countries. The school instills CCP ideology into the next-generation of African leaders and attempts to export the CCP's system of party-run authoritarian governance to the African continent;
(E) cooperation with the PRC under the PRC's global Belt and Road Initiative which, while trade and infrastructure-focused, is designed to expand PRC global economic, political, and security sector-related influence;
(F) the widespread presence in South Africa's media and technology sectors of PRC state linked firms that the United States has restricted due to threats to national security, including Huawei Technologies, ZTE and Hikvision, which place South African sovereignty at risk and facilitate the CCP's export of its model of digitally aided authoritarian governance underpinned by cyber controls, social monitoring, propaganda, and surveillance; and
(G) the Government of South Africa's clear appeasement to the CCP in demanding that Taiwan relocate its representative office out of Pretoria and downgrade its status to that of a trade office.
(7) The ANC-led Government of South Africa has a history of substantially mismanaging a range of state resources and has often proven incapable of effectively delivering public services, threatening the South African people and the South African economy, as illustrated by--
(A) President Cyril Ramaphosa's February 9, 2023, declaration of a national state of disaster over the worsening, multi-year power crisis caused by the ANC's chronic mismanagement of the state-owned power company Eskom, resulting from endemic, high-level corruption;
(B) the persistence of South African state-owned railway company Transnet's insufficient capacity, which has disrupted rail operations and hindered mining companies' export of iron ore, coal, and other commodities, in part due to malfeasance and corruption by former Transnet officials;
(C) an on-going outbreak of cholera, the worst in 15 years, which is due in part to the Government of South Africa's disease prevention failures, as President Ramaphosa admitted on June 9, 2023, including a failure to provide clean water to households; and
(D) rampant state capture, that emerged and grew during the administration of former President Jacob Zuma and has damaged South Africa's international standing and profoundly undermined the rule of law, continues to negatively impact the economic development prospects and living standards of the South African people while deeply damaging public trust in state governance.
(8) In November 2024, South Africa appointed Ebrahim Rasool as Ambassador to the United States. Rasool had previously made public comments describing President Trump as "extreme" and in March 2025, Mr. Rasool characterized President Trump as "a white supremacist". Secretary of State Marco Rubio subsequently declared Mr. Rasool as persona non grata in the United States.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the national security interest of the United States to deter strategic political and security cooperation and information sharing with the PRC and the Russian Federation, particularly any form of cooperation that may aid or abet Russia's illegal war of aggression in Ukraine or its international standing or influence; and
(2) the ANC's foreign policy actions have long ceased to reflect its stated stance of nonalignment, and now directly favor the PRC, the Russian Federation, and Hamas, a known proxy of Iran, and thereby undermine United States national security and foreign policy interests.
SEC. 1284. FULL REVIEW OF THE BILATERAL RELATIONSHIP.
The President, in consultation with the Secretary of State, the Secretary of Defense, the United States Ambassador to South Africa, and the heads of other departments and agencies that play a substantial role in United States relations with South Africa, shall conduct a comprehensive review of the bilateral relationship between the United States and South Africa.
SEC. 1285. REPORT AND CERTIFICATION.
Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes the following:
(1) The findings of the review required by section 1284.
(2) A certification, in consultation with the Secretary of State and the Secretary of Defense, explicitly stating whether South Africa has engaged in activities that undermine the national security or foreign policy interests of the United States, together with an unclassified report, including a classified annex as necessary, providing a justification for the determination.
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The President shall publish the certification in unclassified form.
SEC. 1286. REPORT ON SANCTIONABLE PERSONS.
(a) In General.--Not later than 120 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State and the Secretary of the Treasury, shall submit to the appropriate congressional committees a classified report on senior South African government officials and ANC leaders.
(b) Elements.--The report required under subsection (a) shall include the following elements:
(1) A list of senior South African government officials and ANC leaders the President determines have engaged in corruption or human rights abusees that would be sufficient, based on credible evidence, to meet the criteria for the imposition of sanctions pursuant to the authorities provided by the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.).
(2) With respect to each person included on such list--
(A) a detailed explanation describing the conduct forming the basis of the person's inclusion on the list; and
(B)(i) the expected timeline for sanctions described in paragraph (1) to be imposed with respect to such person; or
(ii) if the President does not intend to impose sanctions with respect to such person, a detailed justification describing the rationale and legal authorities underlying such negative determination.
SEC. 1287. TERMINATION OF ELIGIBILITY OF SOUTH AFRICA FOR
CERTAIN TRADE PREFERENCES PROGRAMS.
If the President determines and certifies under section 1285(2) that South Africa has engaged in activities that undermine the national security or foreign policy interests of the United States, the President shall terminate the eligibility of South Africa for designation as an eligible sub-Saharan African
country under section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703) or a beneficiary sub-Saharan African country under section 506A of the Trade Act of 1974 (19 U.S.C. 2466a).
SEC. 1288. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, 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.
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SA 6224. Mr. KENNEDY 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:
Text printed in the Record (1,331 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1271. PROHIBITION ON ALLOCATIONS OF SPECIAL DRAWING
RIGHTS AT INTERNATIONAL MONETARY FUND FOR
PERPETRATORS OF GENOCIDE AND STATE SPONSORS OF
TERRORISM WITHOUT CONGRESSIONAL AUTHORIZATION.
Section 6 of the Special Drawing Rights Act (22 U.S.C. 286q) is amended by adding at the end the following:
"(c) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States vote to allocate Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund to a member country of the Fund, if the government of the member country has--
"(1) committed genocide at any time during the 10-year period ending with the date of the vote; or
"(2) been determined by the Secretary of State, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027, to have repeatedly provided support for acts of international terrorism, for purposes of--
"(A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
"(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
"(C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or
"(D) any other provision of law.".
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SA 6225. Mr. KENNEDY (for himself and Mr. Whitehouse) 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:
Text printed in the Record (4,208 characters)
At the end of subtitle C of title XII, add the following:
SEC. 1230. REPORT ON THE RUSSIAN FEDERATION'S PERSECUTION OF
RELIGIOUS GROUPS IN OCCUPIED TERRITORIES OF
UKRAINE; IMPOSITION OF SANCTIONS.
(a) Report Required.--
(1) In general.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary of State and Secretary of Defense, in coordination with the Director of National Intelligence and the Secretary of the Treasury, shall jointly submit to the appropriate congressional committees a report that includes--
(A) a detailed description of the Government of the Russian Federation and its state-affiliated, quasi-state, or occupation-era activities that involve the persecution or suppression of, or discrimination against, or otherwise directly or indirectly involve engaging in or facilitating serious human rights abuse against, Christians, Jews, and Muslims (including Crimean Tatars), and other religious minorities not affiliated with the Russian Orthodox Church, and their respective religious organizations in Russian-occupied territories of Ukraine;
(B) an identification of churches, synagogues, mosques, other religious facilities, including Christian, Jewish, Muslim, and other minority religious institutions, that have been destroyed, damaged, seized, repurposed, or otherwise appropriated directly or indirectly by persons operating for or on behalf of the Government of the Russian Federation in occupied territories of Ukraine;
(C) an assessment of--
(i) the number of Christians, Jews, Muslims (including Crimean Tatars), and other religious minorities who are not affiliated with the Russian Orthodox Church, who have been subjected to persecution, imprisonment, or forced displacement in occupied territories of Ukraine;
(ii) restrictions imposed on Christian, Jewish, Muslim, and other religions not affiliated with the Russian Orthodox Church's religious practices, worship services, or religious education in occupied territories;
(iii) efforts to compel Christian organizations to affiliate with Moscow-based religious institutions or to suppress Christian activity not affiliated with Moscow-based religions;
(iv) efforts by the Government of the Russian Federation, by authorities exercising de facto governmental control in occupied territory, or by entities or individuals otherwise affiliated with the Russian Federation, to compel Christian organizations in Ukraine and in occupied territories--
(I) to affiliate with Moscow-based religious institutions; or
(II) to suppress Christian, Jewish, Muslim, or any other denominations not aligned with Russian state interests; and
(v) the overall impact of the Russian Federation's invasion of Ukraine, and its occupation of Ukrainian territory, on religious freedom in occupied territories of Ukraine, including Crimea and Sevastopol; and
(D) a list of individuals and entities affiliated with the Government of the Russian Federation, or exercising de facto authority in occupied territory, that--
(i) are responsible for persecution or suppression of, or discrimination against, Christians, Jews, or Muslims in Ukraine and in the occupied territories of Ukraine; or
(ii) have otherwise engaged in or attempted to engage in any of the conduct described in this subsection.
(2) Form.--The report required by paragraph (1) shall be submitted in an unclassified form, but may include a classified annex.
(b) Imposition of Sanctions.--The President may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to each foreign person on the list required by subsection (a)(1)(D).
(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
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SA 6226. Mr. KENNEDY (for himself, Mr. Cruz, Mr. Coons, and Mr. Whitehouse) 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:
Text printed in the Record (2,402 characters)
At the end of subtitle G of title X, add the following:
SEC. _____. INFLATION ADJUSTMENTS.
Section 1332 of title 28, United States Code, is amended--
(1) in subsection (a), by striking "of $75,000" and inserting "described in subsection (b)"; and
(2) by striking subsection (b) and inserting the following:
"(b)(1) The matter in controversy described in this subsection is not less than $150,000, as adjusted under paragraph (2), exclusive of interest and costs.
"(2)(A) In this paragraph--
"(i) the term `appropriate year' means the calendar year preceding the calendar year in which the adjustment under paragraph (1) is to take effect; and
"(ii) the term `Consumer Price Index' means the Consumer Price Index for All Urban Consumers published by the Department of Labor.
"(B) Effective on January 1, 2030, and January 1 of each tenth year thereafter, the dollar amount then in effect as the minimum amount in controversy applicable under paragraph (1) shall be adjusted by an amount, rounded to the nearest $25,000 (or, if midway between multiples, to the next higher multiple of $25,000) which reflects the change in the Consumer Price Index for the month of September of the appropriate year, over the Consumer Price Index for--
"(i) in the case of the initial adjustment, the month of September 2025; and
"(ii) in the case of each subsequent adjustment, September of the year preceding the last adjustment.
"(C) The Director of the Administrative Office of the United States Courts shall determine the amount of each adjustment under paragraph (1) and, not later than November 15 of the appropriate year, shall submit for publication in the Federal Register the amount (and the percentage change in the Consumer Price Index that is the basis for the amount) and the new minimum amount in controversy to take effect on January 1 of the succeeding calendar year.
"(3) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value required under paragraph (1) without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny
costs to the plaintiff and, in addition, may impose costs on the plaintiff.".
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SA 6227. Mr. KENNEDY 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:
Text printed in the Record (7,285 characters)
At the appropriate place in title XII, insert the following:
SEC. ___. SENSE OF THE CONGRESS URGING THE EXECUTIVE BRANCH
AND LEADERS OF THE G7 AND THE EUROPEAN UNION TO
SEIZE SOVEREIGN ASSETS OF THE RUSSIAN
FEDERATION.
(a) Finding.--Congress finds the following:
(1) Since the illegal invasion of Ukraine by the Russian Federation, the Russian Federation has committed widespread attacks on civilians amounting to crimes against humanity, including--
(A) widespread, systemic, and deliberate targeting of civilians by drones where civilians have been targeted for attack while going about their daily lives outside, and ambulances were struck while attempting to provide medical assistance;
(B) documented war crimes, including extrajudicial killings and torture of civilians and prisoners of war that are systemic and widespread throughout areas controlled by the Russian Federation;
(C) rape and sexual violence committed by Russian soldiers against male and female civilians and prisoners of war; and
(D) the illegal transfer of Ukrainian children to at least 210 different facilities inside the Russian Federation or areas controlled by the Russian Federation where the children are subjected to re-education and militarization.
(2) The humanitarian costs of the invasion of Ukraine have been enormous, including--
(A) approximately 14,000 documented deaths of civilians, and more than 35,458 documented civilian casualties, including 700 children killed and 2,200 children injured since the start of the war;
(B) an estimated 120,000 Ukrainian soldiers killed or missing in action;
(C) displacement of more than 10,000,000 people, with 3,600,000 displaced within Ukraine and 6,900,000 seeking refuge abroad; and
(D) indiscriminate shelling and bombing in population centers leading to the destruction of critical civilian infrastructure that will cost an estimated $524,000,000,000 to rebuild.
(3) The conduct of the Russian Federation has not only harmed Ukraine but violates Article 2(4) of the United Nations Charter requiring states to refrain from the use of force against the territorial integrity or political independence of any state.
(4) The principle of state responsibility under international law holds that a state committing an internationally wrongful act is obligated to make full reparation for the injury caused.
(5) The legal doctrine of countermeasures under customary international law permits targeted and proportionate responses to serious breaches of international obligations, including the use of seized sovereign assets to repair harm caused by such breaches.
(6) In response to the illegal aggression by the Russian Federation, members of the G7 imposed sanctions and froze Russian sovereign assets but have fallen short of confiscating such assets.
(7) The continued passive freezing of Russian sovereign assets without a clear mechanism for permanent seizure and repurposing fails to uphold the principle of accountability and undermines the deterrent value of economic sanctions.
(8) In 2024, Congress passed the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (22 U.S.C. 9521 note; Public Law 118-50)(commonly known as the "REPO for Ukrainians Act") to establish a domestic legal framework for the seizure and transfer of Russian sovereign assets.
(9) The United States, every member of the European Union, and all but one member of the G7 are participating states of the Organization for Security and Co-operation in Europe.
(10) On July 3, 2025, the Parliamentary Assembly of the Organization for Security and Co-operation in Europe adopted unanimously in plenary session the Porto Declaration, which "[c]alls on OSCE participating States to unlock the full value of an estimated [$300,000,000,000 United States dollars] in Russian sovereign assets frozen across the region by repurposing the underlying principal, in sizeable increments and on a regular and timely schedule, for Ukraine until the Russian Federation ends its aggression and agrees to compensate Ukraine for damages directly resulting from the war".
(11) The implementation of such seizure requires robust coordination with international partners to mitigate legal, diplomatic, and financial risks and to maximize legitimacy and effectiveness.
(12) Allied hesitation and lack of harmonized frameworks have impeded progress toward the actual transfer of such assets.
(13) It is in the strategic and moral interest of the United States to lead an international coalition in converting immobilized Russian sovereign assets into a funding mechanism for the recovery and global security of Ukraine.
(b) Sense of Congress.--It is the sense of Congress that Congress--
(1) determines that the Russian Federation bears full financial responsibility for the harm caused by its unlawful war of aggression against Ukraine, and the assets of the Russian Federation should be used to satisfy that responsibility;
(2) remains steadfast in its support for the sovereignty, independence, and right to self-defense of Ukraine, and believes all available diplomatic, legal, and economic tools should be leveraged to hold the Russian Federation accountable;
(3) recommends that the executive branch advocate internationally that--
(A) the violation of international law by the Russian Federation removes its entitlement to sovereign immunity protections over assets located abroad, under the doctrine of countermeasures;
(B) international law and precedent provide a legal basis for permanent confiscation of state-owned assets in response to grave violations of the international order; and
(C) the seizure of assets is a legitimate means of supporting the reconstruction of Ukraine and deterring future acts of aggression by other states;
(4) strongly urges all countries with sovereign assets of the Russian Federation under their jurisdiction--
(A) to pursue harmonization of domestic legal authorities to provide their governments with seizure powers equivalent to the powers granted by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (22 U.S.C. 9521 note; Public Law 118-50);
(B) to partner with the United States to develop and implement a multilateral sovereign asset repurposing fund that facilitates the lawful seizure and repurposing of Russian sovereign assets for the benefit of Ukraine; and
(C) to confiscate such assets and allocate them to Ukraine in tranches of not less than $10,000,000,000 United States dollars per month until the funds are expended to support the defense of Ukraine against the Russian Federation; and
(5) calls on the President, the Secretary of State, and the Secretary of Defense to pressure any country with sovereign assets of the Russian Federation within their jurisdiction to confiscate such assets by--
(A) prioritizing the sale of United States weapons to countries that are found to have sovereign assets of the Russian Federation within their jurisdiction, and which have seized and distributed the assets to a fund for Ukraine; and
(B) deprioritizing the sale of United States weapons to countries that are found to have sovereign assets of the Russian Federation within their jurisdiction and have not seized and distributed the assets to a fund for Ukraine.
______
SA 6228. Mr. KENNEDY (for himself and Mr. Kim) 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:
Text printed in the Record (739 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. 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.
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SA 6229. Mr. BUDD 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:
Text printed in the Record (2,858 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. PROTECTION OF SPECIAL OPERATIONS PERSONNEL.
(a) In General.--Chapter 7 of title 18, United States Code, is amended by adding at the end the following:
"Sec. 120. Protection of special operations personnel
"(a) Definitions.--In this section: "(1) Covered person.--The term `covered person' means--"(A) a member of the special operations forces;
"(B) an employee of the Department of Defense or a member of the Armed Forces (as defined in section 101(a) of title 10) designated by the Secretary of Defense who conducts or participates in Department of Defense sensitive activities (as defined in section 130g of title 10); or
"(C) a Federal law enforcement officer assigned or attached to, or performing duty with a member of, the special operations forces.
"(2) Crime of violence.--The term `crime of violence' has the meaning given the term in section 16.
"(3) Immediate family.--The term `immediate family' has the meaning given the term in section 115(c).
"(4) Restricted personal information.--The term `restricted personal information' means, with respect to an individual--
"(A) the individual's name in connection with the individual's place of employment;
"(B) a visual depiction of the individual's face or likeness in connection with the individual's name and place of employment;
"(C) a visual depiction of the individual's home in connection with the individual's name and place of employment;
"(D) the date of birth, social security number, home address, home phone number, mobile phone number, personal email, or home fax number of, and identifiable to, the individual; or
"(E) the individual's biometric data.
"(b) Offense.--It shall be unlawful to knowingly make restricted personal information about a covered person, or a member of the immediate family of that covered person, publicly available--
"(1) with the intent to threaten, intimidate, or incite the commission of a crime of violence against the covered person or a member of the immediate family of the covered person; or
"(2) with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that covered person or a member of the immediate family of the covered person.
"(c) Penalties.--Any person who violates subsection (b)--
"(1) shall be fined under this title, imprisoned for not more than 5 years, or both; or
"(2) if death or serious bodily injury results from the violation, shall be fined under this title, imprisoned for any term of years or for life, or both.".
(b) Technical and Conforming Amendment.--The table of sections for chapter 7 of title 18, United States Code, is amended by adding at the end the following:
"120. Protection of special operations personnel.". ______
SA 6230. 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:
Text printed in the Record (1,099 characters)
At the end of subtitle C of title II, add the following:
SEC. 235. USE OF PARTNERSHIP INTERMEDIARIES TO PROMOTE
DEFENSE RESEARCH AND EDUCATION.
Section 4124(f) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting "or laboratory (as defined in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2))" after "Director of a Center"; and
(B) by inserting "or laboratory" after "assistance from a Center";
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting "or laboratory" after "Center"; and
(B) in subparagraph (B), by inserting "or laboratory, or who can assist a Center or laboratory with technology transition, either out of, or into, the Center or laboratory" after "Center"; and
(3) by adding at the end the following new paragraph:
"(3) A Federal laboratory may pay the Federal costs of such contract or memorandum of understanding out of funds available for the support of technology transfer and transition functions, research and development, operations and maintenance, or procurement.".
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SA 6231. Mr. LANKFORD 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:
Text printed in the Record (11,981 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. ELECTRONIC VISA UPDATE SYSTEM.
(a) In General.--The Secretary shall operate and maintain the electronic visa update system established under the final rule of the Department of Homeland Security entitled "Establishment of the Electronic Visa Update System (EVUS)" (81 Fed. Reg. 203 (October 20, 2016)) (referred to in this section as the "System") for the purpose of collecting from each designated alien such biographical, travel, and other information as the Secretary considers necessary.
(b) Designation of Nonimmigrant Categories.--
(1) In general.--The Secretary shall designate 1 or more nonimmigrant categories the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for purposes of participation in the System by designated aliens.
(2) Criteria.--In determining whether to designate a nonimmigrant category under paragraph (1), the Secretary shall take into consideration the following:
(A) The rate by which nonimmigrants in such category overstay their visas.
(B) The rate by which nonimmigrants in such category comply with the requirements of their visas.
(C) The national security interests and public safety of the United States.
(3) Notice.--On designation of a nonimmigrant category under this subsection, the Secretary shall publish notice of the designation in the Federal Register.
(c) Designation of Countries.--
(1) In general.--The Secretary, in consultation with the Secretary of State, shall designate 1 or more countries for purposes of participation in the System by designated aliens if such country--
(A) has a visa overstay rate that exceeds the rate established pursuant to subparagraph (C) of section 217(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8)) or a visa refusal rate that exceeds the criteria described in subparagraph (A) of that section; and
(B) is not a member of the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187).
(2) Considerations.--In determining whether to designate a country under paragraph (1), the Secretary shall take into consideration the following:
(A) The number and validity period of United States visas issued to nationals of such country.
(B) Any public safety or national security threat posed by nationals of such country to the United States.
(C) With respect to citizens of the United States who are present in such country pursuant to nonimmigrant visas, or the equivalent, issued by such country, any requirement that such citizens share biographical, travel, or other information with the government of such country.
(D) With respect to nationals of such country who have been ordered removed from the United States, the number of such nationals such country has refused to accept or with respect to whom has unreasonably delayed the return.
(3) Publication.--On designation of a country under this subsection, the Secretary shall publish notice of the designation in the Federal Register.
(d) Required Use of System.--
(1) In general.--Subject to paragraph (6), a designated alien shall--
(A) not later than 5 days after the date on which a nonimmigrant visa is issued to the designated alien, enroll in the System; and
(B) not more frequently than every 180 days, as required by the Secretary, submit to the System--
(i) such biographical, travel, and other information as the Secretary may reasonably require; and
(ii) a copy of the designated alien's passport or other government-issued document establishing the citizenship or nationality of the designated alien.
(2) Other submissions.--Notwithstanding paragraph (1)(B), the Secretary may, at any time, require a designated alien to submit the items described in clauses (i) and (ii) of that paragraph if the Secretary determines that such submission is required due to the discovery of new derogatory information regarding such designated alien or if the submission of such items is in the national security interests of the United States.
(3) Publication.--The Secretary shall publish in the Federal Register notice of--
(A) the requirements for the submission of information under paragraph (1), including--
(i) associated timelines; and
(ii) a list of circumstances in which a designated alien shall be required to update information in the System; and
(B) any updates to such requirements.
(4) Notice of compliance.--
(A) In general.--In the case of a designated alien who has complied with paragraph (1)(A), the Secretary shall ensure that, not less than 72 hours after the time at which the designated alien so complied, the designated alien receives a confirmation of compliance.
(B) Regulations.--The Secretary shall establish, by regulation, procedures requiring a designated alien to timely submit to a carrier traveling to the United States a notice of compliance before the designated alien may board the carrier.
(5) Effect of noncompliance.--
(A) In general.--Not later than 15 days after making a finding of noncompliance, the Secretary shall issue a notice of noncompliance to, and revoke the visa of, a designated alien who--
(i) fails to comply with paragraph (1), except to the extent provided in subparagraph (B)(i);
(ii) submits fraudulent information under that paragraph; or
(iii) remains in the United States after the date on which the designated alien's period of authorized stay or visa validity period has expired.
(B) Submission of inaccurate information.--
(i) In general.--In the case of a designated alien who is issued a notice of noncompliance under subparagraph (A)(i) due to submission of inaccurate information--
(I) the Secretary shall--
(aa) issue to the designated alien a notice of noncompliance;
(bb) revoke the visa of the designated alien; and
(cc) provide the designated alien with an opportunity to correct the inaccurate information; and
(II) not later than 14 days after the date of issuance of the notice of noncompliance, the designated alien may correct the inaccurate information concerned.
(ii) Rescission of revocation.--The Secretary may rescind a revocation under clause (i) if the designated alien corrects, to the satisfaction of the Secretary, the inaccurate information submitted to the System.
(6) Transition period.--In the case of an alien admitted to the United States in a nonimmigrant category that is subsequently designated under subsection (b) after the alien's date of admission or in the case of an alien admitted to the United States in a nonimmigrant category designated under subsection (b) who holds a passport from a country that is subsequently designated under subsection (c) after the alien's date of admission, such alien shall enroll in the System not later than the earlier of--
(A) the date that is 60 days after the date of the applicable designation; or
(B) 5 days after the date on which half of the alien's period of authorized stay remains.
(e) Fees.--
(1) In general.--The Secretary shall--
(A) charge designated aliens a fee for the use of the System; and
(B) not later than 180 days after the date of the enactment of this Act, commence assessment and collection of such fee.
(2) Amount.--
(A) In general.--The fee charged under paragraph (1) shall be not less than $10.00 for each use of the System.
(B) Adjustment.--The Secretary--
(i) may adjust such fee to ensure recovery of the full direct costs to the Department of Homeland Security of operating and maintaining the System; and
(ii) not less than 30 days before the effective date of any such adjustment, shall publish in the Federal Register notice of the adjustment.
(3) Account for collections.--Notwithstanding any other provision of law, there is established in the Treasury of the United States a separate account, to be known as the "Electronic Visa Update System Account", into which amounts collected under this subsection shall be deposited and made exclusively available for expenses incurred by the Department of Homeland Security in carrying out this section. Amounts so credited shall remain available until expended, without fiscal year limitation, and shall be available in addition to any other appropriated funds.
(f) Reports.--
(1) Initial report.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains the following:
(A) The number of aliens who have received a notification of compliance under the final rule of the Department of Homeland Security entitled "Establishment of the Electronic Visa Update System (EVUS)" (81 Fed. Reg. 203 (October 20, 2016)) since the date on which such final rule was issued.
(B) The number of aliens who have received a notification of noncompliance under such final rule.
(C) The number of aliens who received such a notification of noncompliance but whose visa was not revoked.
(D) The number of aliens who--
(i) received such a notification of noncompliance; but
(ii) were permitted to board a carrier traveling to the United States or were admitted to the United States.
(E) The number of aliens subject to such final rule who did not timely depart the United States on or before the date on which their period of authorized stay or visa validity period expires.
(2) Annual report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report that contains, for each of the most recent 5 fiscal years, the following:
(A) An identification of the countries and nonimmigrant visa categories that have been designated under this section.
(B) The number of designated aliens who have received a notification of compliance under this section.
(C) The number of designated aliens who have received a notification of noncompliance under this section.
(D) The number of designated aliens who have received such a notification of noncompliance but whose visa was not revoked.
(E) The number of designated aliens who--
(i) have received such a notification of noncompliance; but
(ii) were permitted to board a carrier traveling to the United States or were admitted to the United States.
(F) The number of designated aliens who did not timely depart the United States on or before the date on which their period of authorized stay or visa validity period expires.
(g) Rule of Construction.--Nothing in this section may be construed as affecting Department of Homeland Security or Department of State regulations relating to the System that is in effect as of the date of the enactment of this Act.
(h) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided, any term used in this section that is used in the immigration laws shall have the meaning given such term in the immigration laws.
(2) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Homeland Security, the Committee on Oversight and Accountability, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(3) Designated alien.--The term "designated alien" means an alien who--
(A) has been issued a visa for admission to the United States as a nonimmigrant in a nonimmigrant category designated by the Secretary under subsection (b); or
(B) holds a passport, issued by a country designated under subsection (c), that contains such a visa.
(4) Immigration laws.--The term "immigration laws" has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(5) Secretary.--The term "Secretary" means the Secretary of Homeland Security.
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SA 6232. Mr. LANKFORD 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:
Text printed in the Record (11,485 characters)
At the appropriate place in title X, insert the following:
SEC. 10___. CUSTOMS ACT.
(a) Short Title.--This section may be cited as the "Creating Uniform Security and Transit Over Migratory Sectors Act" or the "CUSTOMS Act".
(b) Port Modernization.--
(1) In general.--Section 411(o) of the Homeland Security Act of 2002 (6 U.S.C. 211(o)) is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following:
"(3) Transferring custody of all land ports of entry along international borders of the united states to u.s. customs and border protection.--
"(A) In general.--Not later than 5 years after the date of the enactment of the CUSTOMS Act, the Administrator of General Services shall transfer custody of all land ports of entry along United States international borders to the Secretary.
"(B) Procedure for transferal.--
"(i) Submission of site information to secretary.--Not later than 180 days after the date of the enactment of the CUSTOMS Act, the Administrator of General Services shall submit to the Secretary--
"(I) detailed information regarding the sites of each land port of entry along any United States international border;
"(II) a current list of the Federal personnel who are stationed at the sites referred to in subclause (I), disaggregated by site and Federal department or agency;
"(III) a current list of the General Services Administration personnel and Federal contractors assigned to each General Services Administration Region containing a site referred to in subclause (I);
"(IV) the performance evaluations of the personnel and contractors referred to in subclause (III), to the extent available, for most recent 3-year period;
"(V) any draft or executed memoranda of understanding with other Federal departments or agencies regarding the maintenance of the sites referred to in subclause (I), or portions of such sites;
"(VI) any draft or executed lease contract and offers of the sites referred to in subclause (I), or portions of such sites; and
"(VII) any planned or ongoing maintenance projects for each site referred to in subclause (I), including the timelines, budgets, memoranda of understanding, scoping documents, technical specifications, contracting actions, and review materials for such projects.
"(ii) Site transferal timeline.--
"(I) Submission to congress.--Not later than 1 year after the date of the enactment of the CUSTOMS Act, the Administrator of General Services and the Secretary shall jointly submit, to the appropriate congressional committees--
"(aa) a timeline for the transferal of each site referred to in clause (i)(I); and
"(bb) the information described in subclauses (II) through (VI) of clause (i).
"(II) Publication in federal register.--Not later than 3 days after the submission referred to in subclause (I), the Secretary shall publish the timeline referred to in item (aa) of such subclause in the Federal Register.
"(iii) Joint custody of sites.--Not later than 180 days after the date of the enactment of the CUSTOMS Act, the Administrator of General Services and the Secretary shall--
"(I) assume joint custody of the sites referred to in clause (i)(I); and
"(II) jointly publish notice of such joint custody in the Federal Register.
"(iv) Interim management.--During the period beginning on the date on which notice is published pursuant to clause (iii)(II) and ending on the date on which the Secretary assumes full custody of all of the sites referred to in clause (i)(I)--
"(I) the Secretary shall have the primary jurisdiction to manage such sites; and
"(II) the Administrator of General Services shall serve as an advisor in the management of such sites for the pendency of the transferal described in this paragraph.
"(v) Procedures; management.--Not later than 1 year after the date of the enactment of the CUSTOMS Act, the Secretary, in consultation with the Administrator of General Services, shall--
"(I) establish procedures for assuming custody and managing each site referred to in clause (i)(I) to the current standard of the General Services Administration or the industry to prevent U.S. Customs and Border Protection from incurring additional expenses upon transfer of custody;
"(II) establish dispute resolution procedures for any conflict regarding the management of space or personnel at a site referred to in clause (i)(I) in which 2 or more Federal departments or agencies occupy space as tenants;
"(III) establish an office within U.S. Customs and Border Protection for managing relationships and serving as a liaison with any Federal, State, local, tribal, territorial, or international entity with whom the Administrator of General Services previously interacted in carrying out the Administrator's management duties of the sites referred to in clause (i)(I);
"(IV) establish an office within U.S. Customs and Border Protection for managing contracting actions, leasing execution, and title acquisitions regarding such sites, including maintenance and modernization projects; and
"(V) establish interagency agreements with occupying agencies to reimburse U.S. Customs and Border Protection for any direct costs incurred for such occupying agency's presence at land ports of entry that are under the custody and control of U.S. Customs and Border Protection.
"(vi) Duties of the administrator of general services.--Not later than 180 days after the date of the enactment of the CUSTOMS Act, the Administrator of General Services shall--
"(I) at each port of entry being transferred from the Administrator to the Secretary, develop a list of--
"(aa) the existing environmental contamination at each port of entry, if applicable;
"(bb) the deferred maintenance projects at each port of entry, if applicable;
"(cc) the ongoing land acquisition actions at each port of entry, if applicable;
"(dd) the ongoing construction projects at each port of entry, if applicable;
"(ee) any donation under the Port of Entry donation authority described in section 482 of the Homeland Security Act of 2002 (6 U.S.C. 301a) that the Administrator had been evaluating based on the criteria described in such section;
"(ff) any other item that could delay the transfer of each port of entry from the Administrator to the Secretary; and
"(gg) all rent charges collected for existing fiscal year as outlined on the GSA rent bill, to include an ongoing modernization funds and reimbursable work authorizations in progress; and
"(II) provide the list developed pursuant to subclause (I) to the Secretary and to the appropriate congressional committees.
"(vii) Monthly status reports.--Beginning on the date that is 30 days after the date on which the procedures and offices have been established pursuant to clause (v), the Secretary and the Administrator of General Services shall jointly provide monthly status reports to the appropriate congressional committees regarding the implementation of such procedures and the operations of such offices.
"(viii) Notices.--During the period beginning on the date that is 180 days after the date of the enactment of the CUSTOMS Act and ending on the date that is 5 years after such date of enactment, the Secretary shall notify the appropriate congressional committees whenever the Secretary assumes sole custody of a site referred to in clause (i)(I) and publish such notice in the Federal Register.
"(ix) Complete transferal.--Not later than 5 years after the date of the enactment of the CUSTOMS Act, the Secretary shall assume sole custody of every site referred to in clause (i)(I).
"(C) Personnel actions.--
"(i) Direct hire authority.--Subject to clause (ii), during the pendency of the period described in subparagraph (B) and for the following 3 fiscal years, the Secretary, or his or her designee, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such chapter), may appoint qualified candidates to any position required--
"(I) to carry out this paragraph; and
"(II) to manage the sites referred to in subparagraph (B)(i)(I).
"(ii) Conditions on use of direct hire authority.--
"(I) In general.--Before using the direct hire authority described in clause (i), the Secretary, or a designee of the Secretary, shall review and consider existing personnel of U.S. Customs and Border Protection to address staffing requirements prior to exercising the direct hire authority. If gaps still exist, the process shall include interviewing each individual included in the list required under subparagraph (B)(i)(III) who received a pass or exemplary performance review during the period described in such subparagraph.
"(II) Appropriations.--The Administrator of General Services may transfer funds appropriated for the General Services Administration to U.S. Customs and Border Protection for salaries and expenses of personnel and contractors of the General Services Administration considered for direct hire authority by the Secretary under this subparagraph.
"(D) Expedited contracting.--The Secretary shall establish a streamlined approval process for expediting contracts and interagency agreements to carry out this paragraph.
"(E) Assumption of custody by u.s. customs and border protection.--Not later than 5 years after the date of the enactment of the CUSTOMS Act, upon completion of the elements described in subparagraph (B), all sites referred to in subparagraph (B)(i)(I) shall be under the sole authority of the Secretary.
"(F) Modifications to land ports of entry regarding aliens seeking asylum.--
"(i) In general.--Upon completion of the transferal required under subparagraph (B) and the assumption of custody described in subparagraph (E), the Secretary shall--
"(I) develop a list that includes not fewer than--
"(aa) 15 land ports of entry along the international border between the United States and Mexico at which a high proportion of aliens are seeking asylum; and
"(bb) 15 land ports of entry along the international border between the United States and Canada at which a high proportion of aliens are seeking asylum;
"(II) to the extent practicable, establish not fewer than 1 dedicated pedestrian lanes and other appropriate facilities at each land port of entry described in clause (i) for the processing of aliens who are seeking asylum in the United States; and
"(III) enter into a memorandum of agreement with the Director of U.S. Citizenship and Immigration Services to detail an appropriate number of asylum officers to each land port of entry described in subclause (I).
"(ii) Memorandum described.--The memorandum of agreement required under clause (i)(III)--
"(I) should base the number of asylum officers at each land port of entry on the relative number of aliens seeking asylum at such land port of entry; and
"(II) shall allow for changes in the number of asylum officers to be detailed to a particular land port of entry based on new information gathered regarding the migratory flow of aliens seeking asylum.
"(G) Rule of construction.--Nothing in this paragraph may be construed to affect the availability of funding from--
"(i) the Federal Buildings Fund established under section 592(a) of title 40, United States Code; or
"(ii) any other applicable statutory authority or appropriation available to implement this paragraph.".
(2) Conforming amendment.--Section 411(r) of the Homeland Security Act of 2002 (6 U.S.C.
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211(r)) is amended by striking "section, the terms" and inserting the following: "section--
"(1) the term `appropriate congressional committee' means--
"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(B) the Committee on Environment and Public Works of the Senate;
"(C) the Subcommittee on Homeland Security and the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the Senate;
"(D) the Committee on Oversight and Accountability of the House of Representatives;
"(E) the Committee on Transportation and Infrastructure of the House of Representatives; and
"(F) the Subcommittee on Homeland Security and the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the House of Representatives; and
"(2) the terms".
(c) Reporting Requirements.--
(1) Defined term.--In this subsection, the term "appropriate congressional committees" has the meaning given such term in section 411(r)(1) of the Homeland Security Act of 2002, as added by subsection (b)(2).
(2) Annual report land ports of entry report.--Not later than 5 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the appropriate congressional committees that includes--
(A) an inventory of all of the land ports of entry that are under the custody of the Secretary of Homeland Security;
(B) the Federal departments and agencies that have personnel stationed at any of the sites referred to in section 411(o)(3)(B)(i)(I) of the Homeland Security Act of 2002, as added by subsection (b)(1);
(C) a description of any planned or ongoing maintenance projects at such sites, including the timelines, budgets, memoranda of understanding (if applicable), scoping documents, technical specifications, contracting actions, and review materials of such projects;
(D) the personnel actions taken pursuant to section 411(o)(3)(C) of such Act, as added by subsection (b)(1); and
(E) the contracting actions taken in accordance with the streamlined process established pursuant to section 411(o)(3)(D) of such Act, as added by subsection (b)(1).
(3) Implementation report.--Not later than 5 years after the date of the enactment of this Act, the Commissioner for U.S. Customs and Border Protection and the Director of U.S. Citizenship and Immigration Services shall jointly submit a report to the appropriate congressional committees that includes--
(A) a list of the land ports of entry described in section 411(o)(3)(F)(i)(I) of the Homeland Security Act of 2002, as added by subsection (b)(1);
(B) the number of pedestrian lanes for asylum seekers at each land port of entry included in the list required under subparagraph (A);
(C) the memorandum of understanding described in section 411(o)(3)(F)(ii) of such Act, as added by subsection (b)(1);
(D) any recommended modifications to any facility located at a land port of entry included in the list required under subparagraph (A) including--
(i) modifications needed to improve the management aliens seeking asylum at such facility;
(ii) any additional personnel that may be needed to manage the flow of aliens seeking asylum at such facility; and
(iii) any technological upgrades that may be needed to manage the flow of aliens seeking asylum at such facility; and
(E) the projected cost for each element described in subparagraph (D).
(4) Biannual port of entry donation report.--Not later than 180 days after the date of the enactment of this Act, and biannually thereafter, the Comptroller General of the United States shall--
(A) conduct a review of each project for which the Secretary of Homeland Security accepted a donation authorized under section 482 of the Homeland Security Act of 2002 (6 U.S.C. 301a); and
(B) submit a report to the appropriate congressional committees that includes, with respect to the reporting period--
(i) a description of each donation described in subparagraph (A);
(ii) the source of each such donation;
(iii) an estimate of any savings to the Federal Government resulting from each such donation;
(iv) an estimate of any costs incurred by the Federal Government resulting from each such donation; and
(v) any waste, fraud, corruption, or abuse within the Federal Government resulting from each such donation.
(d) Technical and Conforming Amendments.--
(1) Savings provision.--Section 422(a) of the Homeland Security Act of 2002 (6 U.S.C. 232(a)) is amended by inserting "section 411(o)(3)," after "Administrator under".
(2) Port of entry donation authority.--Section 482 of the Homeland Security Act of 2002 (6 U.S.C. 301a) is amended--
(A) in subsection (a)(1), in the matter preceding subparagraph (A), by striking ", in consultation with the Administrator of General Services,";
(B) in subsection (b)--
(i) in paragraph (1), in the matter preceding subparagraph (A), by striking ", and the Administrator of General Services, as applicable,";
(ii) by striking paragraph (3);
(iii) by redesignating paragraph (4) as paragraph (3); and
(iv) in paragraph (3)(B), as redesignated, by striking "or the General Services Administration";
(C) in subsection (c)--
(i) in paragraph (2)--
(I) in the matter preceding subparagraph (A), by striking ", in consultation with the Administrator of General Services,";
(II) in subparagraph (B), by striking ", the General Services Administration,"; and
(III) in subparagraph (E), by striking ", and the General Services Administration, as applicable,";
(ii) in paragraph (3)--
(I) in subparagraph (A), in the matter preceding clause (i), by striking ", in consultation with the Administrator of General Services, as applicable,";
(II) in subparagraph (B)(ix), by striking "or Administrator"; and
(III) in subparagraph (C)(ii), by striking ", with the concurrence of the Administrator of General Services, as applicable,";
(iii) by striking paragraph (4);
(iv) by redesignating paragraphs (5), (6), and (7), as paragraphs (4), (5), and (6), respectively;
(v) in paragraph (4), as redesignated, by striking ", or the Administrator of General Services, as applicable,";
(vi) in paragraph (5), as redesignated--
(I) in subparagraph (A), by striking "and the Administrator of General Services, as applicable,"; and
(II) in subparagraph (B), in the matter preceding clause (i), by inserting an em dash after "that"; and
(vii) in paragraph (6), as redesignated, by striking ", in collaboration with the Administrator of General Services, as applicable,"; and
(D) by adding at the end the following:
"(g) Consultation With GSA.--Any requirement under this section to consult or collaborate with the Administrator of General Services applies only to donations with respect to land ports of entry within the Administrator's custody and control, and such requirements cease upon transfer of sole custody to the Secretary.".
(e) Effective Date.--The amendments made by this section shall take effect on the date on which the Secretary of Homeland Security assumes sole custody of each Government-owned land port of entry along any United States international border in accordance with section 411(o)(3)(B)(ix) of the Homeland Security Act of 2002, as amended by subsection (b)(1).
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SA 6233. Mr. LANKFORD 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:
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At the appropriate place, insert the following:
SEC. __. PILOT PROGRAM FOR PROPERTY ACQUISITIONS.
(a) Definitions.--In this section:
(1) Administrator.--The term "Administrator" means the Administrator of the Federal Emergency Management Agency.
(2) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(3) Covered community.--The term "covered community" means a local government determined by the Administrator to be able to meet relevant Federal and State statutory and regulatory requirements for hazard mitigation assistance--
(A) with limited assistance from the State in which the local government is located; and
(B) for which the Administrator received positive feedback from the State in which the local government is located relating to eligibility for the pilot program.
(4) Local government; state.--The terms "local government" and "State" have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(5) Pilot program.--The term "pilot program" means the pilot program established under subsection (b).
(b) Establishment.--The Administrator shall carry out a pilot program under which covered communities may directly apply to the Administrator for hazard mitigation assistance for the purposes of property acquisition and structure demolition or relocation assistance under section 404(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)).
(c) Selection.--
(1) Considerations.--In determining whether a local government is a covered community for purposes of the pilot program, the Administrator shall--
(A) consult with the State in which the local government is located before determining the suitability of the local government for the pilot program; and
(B) provide a written justification to the local government and the State in which the local government is located for selecting or not selecting the local government for the pilot program, which shall be based on--
(i) the prior performance and current processes of the local government relating to property acquisitions and other hazard mitigation projects;
(ii) the level of need in the local government in conducting or completing future or ongoing property acquisition and structure demolition or relocation assistance projects;
(iii) the risks posed to the local government by inclement weather; and
(iv) such other matters as the Administrator determines relevant.
(2) Criteria.--
(A) In general.--The Administrator shall select not more than 2 local governments from each Federal Emergency Management Agency region to participate in the pilot program.
(B) Limitation.--Not more than 1 local government shall be selected from a State within a Federal Emergency Management Agency region.
(C) Federal register notice.--Not later than 1 year after the date of enactment of this Act, the Administrator shall publish in the Federal Register a notice detailing the requirements for local governments seeking to participate in the pilot program.
(3) Length of participation.--A covered community may not participate in the pilot program for a period of more than 48 months.
(d) Annual Report.--The Administrator shall submit to the appropriate congressional committees an annual report on the effectiveness of the pilot program, which shall include--
(1) a summary of the relevant characteristics of covered communities selected for the pilot program, including relevant demographic information, the number of properties in the covered community participating in the National Flood Insurance Program, and whether each covered community was frequently impacted by other, non-flooding-related major disasters;
(2) a determination of whether the pilot program significantly expedited the property acquisition process of the Federal Emergency Management Agency in covered communities that participated in the pilot program;
(3) an evaluation of the problems, or potential problems, caused or likely to be caused by permanently allowing covered communities to directly apply for hazard mitigation assistance for the purposes of property acquisition and structure demolition or relocation assistance under section 404(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)), which shall be informed by--
(A) feedback from covered communities participating in the pilot program;
(B) the States in which the covered communities participating in the pilot program are located; and
(C) such other factors as the Administrator determines relevant; and
(4) an evaluation of whether the pilot program should be made permanent, ended, or extended for a certain period of time.
(e) Termination.--The pilot program shall terminate not later than 8 years after the date on which the Administrator selects the covered communities for participation in the pilot program under subsection (c)(2).
(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the pilot program.
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SA 6234. Mr. LANKFORD 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:
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At the appropriate place, insert the following:
SEC. ___. PROMOTING OPPORTUNITIES TO WIDEN ELECTRICAL
RESILIENCE.
(a) In General.--Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) is amended by adding at the end the following:
"(e) Electric Utilities.--
"(1) Hazard mitigation activities.--An electric utility may carry out cost-effective hazard mitigation activities jointly or otherwise in combination with activities for the restoration of power carried out with assistance provided under this section.
"(2) Eligibility for additional assistance.--In any case in which an electric utility facility receives assistance under this section for the emergency restoration of power, the receipt of such assistance shall not render such facility ineligible for any hazard mitigation assistance under section 406 for which such facility is otherwise eligible.".
(b) Applicability.--The amendment made by subsection (a) shall only apply to amounts appropriated on or after the date of enactment of this Act.
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SA 6235. Mr. LANKFORD 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:
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At the end of subtitle E of title X, add the following:
SECTION 1270A. COLLABORATION INVOLVING SCANNED IMAGES FROM
CERTAIN PORTS OF ENTRY.
(a) Short Title.--This section may be cited as the "Strengthening Security Through Joint Cargo Scanning Act".
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Finance of the Senate;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Homeland Security of the House of Representatives;
(F) the Committee on Ways and Means of the House of Representatives;
(G) the Committee on Foreign Affairs of the House of Representatives; and
(H) the Committee on Appropriations of the House of Representatives.
(2) Program.--The term "Program" means the pilot program authorized under subsection (c).
(3) Secretary.--The term "Secretary" means the Secretary of Homeland Security.
(c) In General.--The Secretary, in consultation with the Secretary of State, may establish, pursuant to a bilateral agreement with a foreign government, a 5-year pilot program to improve border security in the United States through the analysis of manifest data and images of cargo and conveyances captured by non-intrusive scanning technologies deployed at designated foreign ports of entry.
(d) Program Participants.--The Program may be staffed by approved law enforcement officers from--
(1) U.S. Customs and Border Protection;
(2) U.S. Immigration and Customs Enforcement;
(3) any other Federal law enforcement agency, as appropriate, that has been designated as a Program participant by the Secretary; and
(4) appropriate law enforcement agencies of foreign government that are members of a vetted unit established by the United States Government.
(e) Program Location.--The United States Government, to the greatest extent practicable, shall carry out the analysis function of the Program at the National Targeting Center operated by U.S. Customs and Border Protection.
(f) Manifest Data.--To the greatest extent practicable, the Program shall allow for the sharing of manifest data from the designated foreign ports of entry with U.S. Customs and Border Protection for the purpose of carrying out the Program.
(g) Prohibition on Foreign Participation.--The Program shall require participating foreign governments to prohibit--
(1) the handling of, access to, and analysis of any manifest data or images generated from non-intrusive inspection technologies by any law enforcement officer of the foreign government;
(2) the processing of data to carry out the Program through any hardware or software that does not meet the requirements established by the Secretary, in consultation with the Secretary of State; and
(3) the acquisition of hardware, software, or commercial off-the-shelf solutions by the United States Government or a participating foreign government that is produced by any entity designated on the entity list administered by the Bureau of Industry and Security of the Department of Commerce.
(h) Participating Ports of Entry.--The Program shall designate 5 ports of entry in the participating foreign country through which cargo and conveyances are transported from a participating foreign country to the United States, including at least 1 international rail crossing and 2 land ports of entry.
(i) Privacy, Civil Rights, and Civil Liberties.--The Secretary, or the designee of the Secretary, shall specify training requirements for all United States Government personnel who participate in the Program to guarantee the protection of civil rights, civil liberties, and privacy of all individuals within the jurisdiction of the United States, in accordance with Federal law.
(j) Quarterly Congressional Briefings.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary, or the Secretary's designee, shall brief the appropriate congressional committees regarding the implementation of this Act.
(k) Bilateral Agreement.--
(1) Submission.--Not later than 30 days after the execution of any bilateral agreement to carry out the Program, the Secretary, or the Secretary's designee, shall submit to the appropriate congressional committees--
(A) an unredacted copy of such agreement; and
(B) a written description of the elements and scope of the Program.
(2) Briefing.--Not later than 7 days after submitting the report required under paragraph (1), the Secretary, or the Secretary's designee, shall brief the appropriate congressional committees regarding the implementation of the agreement referred to in paragraph (1).
(3) Form.--The agreement and written description contained in the report submitted pursuant to paragraph (1) and the briefing provided pursuant to paragraph (2) may be in classified form to protect national security or to comply with any applicable Federal law.
(l) Semiannual Report.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter while the Program is operational, the Secretary shall submit a report to the appropriate congressional committees that includes, with respect to the reporting period--
(A) the number of United States Government law enforcement personnel who are authorized to participate in the Program, disaggregated by Federal department or agency;
(B) the name and type of ports of entry that are authorized participate in the Program;
(C) the total amount of cargo and conveyances flowing through the ports of entry that are authorized to participate in the Program, disaggregated by--
(i) the direction of travel (whether into the United States from a participating foreign
country or away from the United States to a participating foreign country); and
(ii) by port of entry;
(D) the total number and percentage of total cargo and conveyances that were scanned by non-intrusive inspection technology at ports of entry authorized to participate in the Program, disaggregated by port of entry;
(E) the total number and percentage of manifests and underlying manifest data analyzed by law enforcement personnel under the Program;
(F) the number of identified anomalies in the images generated by non-intrusive inspection technologies at ports of entry authorized to participate in the Program, disaggregated by port of entry;
(G) the number of anomalies in the manifests and underlying manifest data analyzed by law enforcement personnel under the Program, disaggregated by originating port of entry of such cargo and conveyance;
(H) the total number of seizures of contraband, persons seeking to unlawfully enter the United States, or illicitly concealed merchandise, including illicit drugs or terrorist weapons, resulting from the analysis of images captured by non-intrusive inspection technologies at a participating port of entry under the Program, disaggregated by originating port of entry; and
(I) the total number of seizures of contraband, persons seeking to unlawfully enter the United States, or illicitly concealed merchandise, including illicit drugs or terrorist weapons, resulting from the analysis of manifest data by law enforcement personnel of a participating foreign country, disaggregated by originating port of entry.
(2) Form.--The report required under paragraph (1) shall be submitted in an unclassified format, but may include a classified annex.
(m) Assessment.--
(1) In general.--Not later than 180 days after the termination of the Program, the Comptroller General of the United States shall submit a report to the appropriate congressional committees containing an assessment of the Program, including--
(A) the methodology used by the Secretary and the participating foreign government to identify participating ports of entry;
(B) whether the Program strengthened the security of the United States borders;
(C) whether the Program increased the interdiction of contraband, persons seeking to unlawfully enter the United States, or illicitly concealed merchandise, including illicit drugs or terrorist weapons at participating ports of entry;
(D) any security concerns regarding the deployment of any United States Government-owned hardware or software assets in the participating foreign country;
(E) any security concerns regarding the access to data under the Program by participating foreign government law enforcement personnel;
(F) whether the Program meaningfully increased throughput at participating ports of entry;
(G) the impact of the Program on United States businesses and foreign businesses that carry out international trade at participating ports of entry;
(H) whether additional measures could ensure that the Program facilitates the seizure of contraband, persons seeking to unlawfully enter the United States, or illicitly concealed merchandise, including illicit drugs or terrorist weapons, at participating ports of entry; and
(I) whether additional measures could ensure that the Program mitigates any impacts referred to in subparagraph (G).
(2) Access to data.--The Comptroller General shall have ongoing access to any data necessary to complete the assessment required under paragraph (1) on time.
(3) Quarterly briefings by comptroller general.--Not less frequently than once every 90 days while the Program is operational, the Comptroller General, or the Comptroller General's designee, shall brief the appropriate congressional committees regarding the progress towards completing the assessment required under paragraph (1).
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SA 6236. Mr. LANKFORD 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:
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At the end of title X, add the following:
Subtitle H--Border Enforcement, Security, and Trade Facilitation
SEC. 1091. SHORT TITLES.
This subtitle may be cited as the "Border Enforcement, Security, and Trade Facilitation Act of 2025" or the "BEST Facilitation Act".
SEC. 1092. OFFICE OF FIELD OPERATIONS IMAGE TECHNICIAN PILOT
PROGRAM.
(a) In General.--Section 411(g) of the Homeland Security Act of 2002 (6 U.S.C. 211(g)) is amended by adding at the end the following:
"(6) Image technician pilot program.--
"(A) Image technician 1.--
"(i) In general.--There shall be in the Office of Field Operations, Image Technician 1 positions, which shall be filled in accordance with the provisions under chapter 33 (relating to appointments in the competitive service) and chapters 51 and 53 (relating to classification and rates of pay) of title 5, United States Code.
"(ii) Conditions.--Image Technician 1 positions--
"(I) may be filled by existing U.S. Customs and Border Protection employees;
"(II) are not law enforcement officer positions;
"(III) may not be filled by independent contractors; and
"(IV) shall be assigned to a regional command center established under subparagraph (F).
"(iii) Duties.--The duties of an Image Technician 1 shall include--
"(I) reviewing non-intrusive inspection images of conveyances and containers entering or exiting the United States through a land, sea, or air port of entry or international rail crossing;
"(II) assessing whether images of conveyances and containers appear to contain anomalies indicating the potential presence of contraband, persons unlawfully seeking to enter or exit the United States, or illicitly concealed merchandise, including illicit drugs and terrorist weapons;
"(III) recommending entry release or exit release for any conveyances and containers whenever the images of such items do not include noticeable anomalies indicating the potential presence of contraband, persons seeking to unlawfully enter or exit the United States, or illicitly concealed merchandise, including illicit drugs or terrorist weapons, to the U.S. Customs and Border Protection Officer responsible for inspecting such conveyance or container; and
"(IV) recommending further inspection of any conveyances and containers whenever the Image Technician reasonably believes that an image of any such item contains anomalies indicating the potential presence of contraband, persons seeking to unlawfully enter or exit the United States, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons, to the U.S. Customs and Border Protection officer who is responsible for inspecting such conveyance or container.
"(B) Image technician 2.--
"(i) In general.--There shall be in the Office of Field Operations, Image Technician 2 positions, which shall be filled in accordance with the provisions under chapter 33 (relating to appointments in the competitive service) and chapters 51 and 53 (relating to classification and rates of pay) of title 5, United States Code.
"(ii) Conditions.--Image Technician 2 positions--
"(I) may be filled by existing U.S. Customs and Border Protection employees;
"(II) are not law enforcement officer positions;
"(III) may not be filled by independent contractors; and
"(IV) shall be assigned to a regional command center established under subparagraph (F).
"(iii) Duties.--The duties of an Image Technician 2 shall include--
"(I) carrying out all of the duties described in subclauses (I) through (IV) of subparagraph (A)(ii);
"(II) receiving intelligence from the National Targeting Center regarding tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, persons, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons; and
"(III) reporting new information to the National Targeting Center regarding tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, persons, or concealed merchandise, such as illicit drugs or terrorist weapons.
"(C) Supervisory u.s. customs and border protection officers.--
"(i) Supervision.--All image technicians shall be supervised by a Supervisory U.S. Customs and Border Protection Officer.
"(ii) Discretion and decision-making authority.--The appropriate Supervisory U.S. Customs and Border Protection Officer, while working with image technicians, shall retain the discretion and final decision-making authority--
"(I) to release conveyances or cargo for entry; or
"(II) to refer such conveyance or cargo for further inspection.
"(iii) Training.--A Supervisory U.S. Customs and Border Protection Officer who supervises image technicians shall receive additional training in accordance with subparagraph (D).
"(D) Training requirements.--All image technicians shall receive annual training and additional ad hoc training, to the extent necessary based on current trends, regarding--
"(i) respecting privacy, civil rights, and civil liberties, including the protections against unreasonable searches and seizures afforded by the First and Fourth Amendments to the Constitution of the United States, as applicable and as interpreted by the Federal courts;
"(ii) analyzing images generated by non-intrusive inspection technologies or any successor technologies deployed by U.S. Customs and Border Protection;
"(iii) identifying commodities and merchandise in images generated by non-intrusive inspection technologies or any successor technologies deployed by U.S. Customs and Border Protection;
"(iv) identifying contraband, persons who are seeking to unlawfully enter or exit the United States, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons, in images generated by non-intrusive technologies or any successor technologies deployed by U.S. Customs and Border Protection;
"(v) tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, persons, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons; and
"(vi) any other training that the Commissioner of U.S. Customs and Border Protection determines to be relevant to the duties described in subparagraphs (A)(iii) or (B)(iii).
"(E) Annual assessment.--All image technicians shall receive annual testing with respect to their--
"(i) accuracy in image analysis;
"(ii) timeliness in image analysis; and
"(iii) ability to ascertain tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, persons, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons.
"(F) Command centers.--As part of the pilot program established under this paragraph, the Executive Assistant Commissioner of the Office of Field Operations shall establish 5 regional command centers at land, rail, air, and sea ports in which image technicians shall review non-intrusive inspection images.
"(G) Rule of construction.--Nothing in this paragraph may be construed to affect the discretion and final decision-making authority given to U.S. Customs and Border Protection Officers to release conveyances or cargo for entry or exit or to refer such conveyances or cargo for further inspection.".
(b) Effective Date.--
(1) Sunset.--The amendment made by subsection (a) shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.
(2) Transfers authorized.--Upon the termination of the pilot program established by section 411(g)(6) of the Homeland Security Act of 2002, as added by subsection (a), individuals occupying Image Technician 1 or Image Technician 2 positions in the Office of Field Operations may transfer to comparable positions within U.S. Customs and Border Protection or the Department of Homeland Security.
SEC. 1093. REPORTING REQUIREMENTS.
(a) Semiannual Reports.--Not later than 180 days after the hiring of the first positions described in section 411(g)(6) of the Homeland Security Act of 2002, as added by section 1092(a), and every 180 days thereafter, the Commissioner of U.S. Customs and Border Protection, in consultation with the Executive Assistant Commissioner of the Office of Field Operations, shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that identifies--
(1) the number of Image Technician 1 and Image Technician 2 positions filled during the reporting period;
(2) the number of Image Technician 1 and Image Technician 2 positions currently employed by the Office of Field Operations, disaggregated by--
(A) port of entry or field office;
(B) image technician position; and
(C) command center, as applicable;
(3) the daily average number of images scanned by each Image Technician 1 and each Image Technician 2;
(4) training methodologies utilized to train image technicians;
(5) assessment passage rates of image technicians;
(6) the impact of image technicians on interdiction rates at ports of entry and international rail crossings at which image technicians are stationed or from which image technicians review images, including--
(A) throughput increases or decreases at such ports of entry and international rail crossings;
(B) increases or decreases in waiting times at such ports of entry and international rail crossings;
(C) average wait times at such ports of entry and international rail crossings; and
(D) increases or decreases of seizures of contraband, persons seeking to unlawfully enter or exit the United States, or illicitly concealed merchandise, such as illicit drugs or terrorist weapons, broken down by type of seizure and port of entry or international rail crossing;
(7) the impact of image technicians on U.S. Customs and Border Protection's capability to review non-intrusive inspection images of conveyances and containers entering or exiting the United States through a land, sea, or air port of entry or international rail crossing;
(8) an assessment of the effectiveness with which image technicians carry out the duties described in subparagraphs (A)(iii) and (B)(iii) of section 411(g)(6) of the Homeland Security Act of 2002, as added by section 2092(a), compared to any U.S. Customs and Border Protection officers who are assigned such duties.
(9) the progress made in establishing command centers under the pilot program established by such section;
(10) any infrastructure or resource needs required to establish such command centers; and
(11) the ports of entry and international rail crossing, as applicable, that are supported by such a command center.
(b) Biannual Briefings.--The Executive Assistant Commissioner of the Office of Field Operations shall provide biannual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the information described in the latest report submitted pursuant to subsection (a).
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SA 6237. Mr. LANKFORD 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:
Text printed in the Record (7,804 characters)
At the end of title X, add the following:
SEC. 1091. SHORT TITLES.
This subtitle may be cited as the "Secure And Fair Employment in Federal Contracting Act" or the "SAFE Contracting Act".
SEC. 1092. E-VERIFY COMPLIANCE REQUIREMENT.
(a) In General.--Chapter 47 of title 41, United States Code, is amended by adding at the end the following:
"Sec. 4715. E-Verify compliance requirement
"(a) Definitions.--
"(1) Entity.--The term `entity' means any organization seeking to provide goods or services to the United States Government, including any parent company, subsidiary, or affiliate of such organization.
"(2) E-verify program.--The term `E-Verify Program' means the program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
"(3) Executive agency.--The term `executive agency' means--
"(A) an Executive department, a military department, or an independent establishment (as such terms are defined in sections 101, 102, and 104(1) of title 5, United States Code); and
"(B) any wholly owned Government corporation (as defined in section 9101(3) of title 31, United States Code).
"(b) Contractor Certification.--Each entity submitting a bid or proposal for a contract with an executive agency shall include, in such bid or proposal, a certification that such entity, and each subcontractor such entity will use to carry out its duties under such contract--
"(1) is currently enrolled in the E-Verify Program; and
"(2) is fully complying with all statutes, regulations, and policies governing the E-Verify Program.
"(c) Prohibition.--An executive agency may not award a contract to an entity that has not made the certification required under subsection (b).
"(d) Extension or Renewal of Contracts.--Not later than 1 year after the date of the enactment of the SAFE Contracting Act, each executive agency shall incorporate the procedures described in subsections (b) and (c) into their contract extension and renewal procedures.
"(e) Agency Determination of Contractor Compliance.--Each executive agency shall--
"(1) evaluate each certification submitted pursuant to subsection (b) by any entity with which such executive agency seeks to enter into a contract and any other information relevant to the entity's enrollment in the E-Verify Program and its compliance with all statutes, regulations, and policies governing the E-Verify Program;
"(2) before awarding such contract, confirm that such entity--
"(A) is enrolled in the E-Verify Program; and
"(B) is fully complying with all statutes, regulations, and policies governing the E-Verify Program; and
"(3) after awarding such contract--
"(A) monitor such entity's continued compliance with all statutes, regulations, and policies governing the E-Verify Program; and
"(B) annually post, on a publicly available website, such executive agency's findings regarding such compliance.
"(f) Procedures for Noncompliance.--
"(1) Notice.--Not later than 14 days after an executive agency determines that an entity currently contracting with such executive agency is not in full compliance with all statutes, regulations, and policies governing the E-Verify Program, such executive agency shall submit written notice to such entity describing such noncompliance and any actions such entity must complete to return to full compliance.
"(2) Consequence for continued noncompliance.--If an entity fails to return to full compliance during the 30-day period beginning on the date on which such entity receives notice pursuant to paragraph (1), such entity shall be referred to the Administrator of General Services for suspension and debarment proceedings in accordance with subpart 9.4 of the Federal Acquisition Regulation.
"(g) Subcontractor Compliance.--
"(1) In general.--Before any subcontract is awarded under any contract awarded by an executive agency, such executive agency shall ensure that the entity selected for such subcontract--
"(A) is enrolled in the E-Verify Program; and
"(B) maintains continuous compliance with all statutes, regulations, and policies governing the E-Verify Program.
"(2) Procedures for noncompliance.--
"(A) Notice.--Not later than 14 days after an executive agency determines that an subcontractor of an entity currently contracting with such executive agency is not in full compliance with all statutes, regulations, and policies governing the E-Verify Program, such executive agency shall submit written notice to such subcontractor describing such noncompliance and any actions such subcontractor must complete to return to full compliance.
"(B) Consequence for continued noncompliance.--If a subcontractor fails to return to full compliance during the 30-day period beginning on the date on which such subcontractor receives notice pursuant to subparagraph (A), such subcontractor shall be referred to the Administrator of General Services for suspension and debarment proceedings in accordance with subpart 9.4 of the Federal Acquisition Regulation.".
(b) Clerical Amendment.--The table of sections for chapter 47 of title 41, United States Code, is amended by adding at the end the following:
"4715. E-Verify compliance requirement.".
SEC. 1093. IMPLEMENTATION.
(a) In General.--Not later than 180 days after the date of the enactment of this Act--
(1) the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement and the amendments made by section 1092; and
(2) the Administrator of the Office of Federal Procurement Policy shall develop and implement all policies and procedures necessary to implement such amendments, which, after consultation with the Director of the Office of Management and Budget, shall include clarification of the responsibilities and expectations of Executive agencies in monitoring contractor enrollment in, and compliance with, the E-Verify Program.
(b) Data Collection.--Not later than 1 year after the date of the enactment of this Act, to help ensure the accuracy of Federal procurement data and to better monitor contractor compliance with the E-Verify Program, U.S. Citizenship and Immigration Services shall--
(1) develop and implement information collection measures detailing Federal contractors enrolled in the E-Verify program; and
(2) notify Executive agencies of such information collection measures once such measures have been developed and implemented.
(c) Limitations on Regulations, Policies, and Procedures.--Regulations, policies, and procedures issued pursuant to subsection (a) may not reduce or limit, or authorize waivers for, any of the requirements described in of the amendments made by section 1092.
SEC. 1094. ANNUAL REPORTS.
(a) In General.--Section 1131 of title 41, United States Code, is amended--
(1) in the section heading, by striking "report" and inserting "reports";
(2) by striking "The Administrator" and inserting the following:
"(a) In General.--The Administrator"; and
(3) by adding at the end the following:
"(b) E-Verify Compliance Report.--The Administrator, in consultation with the Director of U.S. Citizenship and Immigration Services, shall annually submit a report to the appropriate congressional committees that--
"(1) summarizes the information posted on each executive agency's public website pursuant to section 4715(e)(3)(B); and
"(2) identifies the number of entities that have been referred to the Administrator of General Services during the reporting period pursuant to section 4715(f)(2) due to continued noncompliance with the E-Verify Program.".
(b) Clerical Amendment.--The table of sections for chapter 11 of title 41, United States Code, is amended by striking the item relating to section 1131 and inserting the following:
1131. Annual reports. ______
SA 6238. Mr. KENNEDY 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:
Text printed in the Record (2,619 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. PROHIBITION ON FINANCING BY EXPORT-IMPORT BANK OF
THE UNITED STATES FOR PERSONS WITH SERIOUSLY
DELINQUENT TAX DEBT.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following:
"(m) Prohibition on Financing for Persons With Seriously Delinquent Tax Debt.--
"(1) In general.--The Bank may prohibit the disbursement of financing to any person with seriously delinquent tax debt or for any project if any person participating in the project has seriously delinquent tax debt.
"(2) Determinations of debt.--For purposes of paragraph (1), the Bank shall determine if a person has seriously delinquent tax debt--
"(A) using information available through the System for Award Management website and data-analytical approaches; and
"(B) in consultation with the Commissioner of Internal Revenue.
"(3) Waiver.--If the Bank imposes the prohibition authorized by paragraph (1), the President of the United States may waive that prohibition with respect to a person if the President--
"(A) determines that there are urgent and compelling circumstances significantly affecting the interests of the United States that require the financing to be provided; and
"(B) not later than 30 days after making that determination, submits to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes the rationale for the determination and relevant information supporting the determination.
"(4) Seriously delinquent tax debt defined.--In this subsection, the term `seriously delinquent tax debt'--
"(A) means a Federal tax liability that has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986 and may be collected by the Secretary by levy or by a proceeding in court; and
"(B) does not include--
"(i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code;
"(ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending;
"(iii) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and
"(iv) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code.".
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SA 6239. Mr. KENNEDY 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:
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At the appropriate place, insert the following:
SEC. _____. BENEFICIAL OWNERSHIP INFORMATION REPORTING
REQUIREMENTS.
(a) In General.--Section 5336 of title 31, United States Code--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
"(2) Applicant.--The term `applicant' means any individual who registers or files an application to register a corporation, limited liability company, or other similar entity formed under the laws of a foreign country to do business in the United States by filing a document with the secretary of state or similar office under the laws of a State or Indian Tribe.";
(B) in paragraph (3)(B)--
(i) in clause (iv), by striking "or" at the end;
(ii) in clause (v), by striking the period at the end and inserting "; or"; and
(iii) by adding at the end the following:
"(vi) any United States person."; and
(C) in paragraph (11), by striking subparagraph (A) and inserting the following:
"(A) means a corporation, limited liability company, or other similar entity that is--
"(i) formed under the law of a foreign country; and
"(ii) registered to do business in the United States by the filing of a document with a secretary of state or a similar office under the laws of a State or Indian Tribe; and"; and
(2) in subsection (b)(2)(A)(iv)--
(A) in subclause (I), by striking "or" at the end;
(B) in subclause (II), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
"(III) the foreign jurisdiction of formation of the reporting company; or
"(IV) the State or tribal jurisdiction where the reporting company first registers.".
(b) Exemptions.--
(1) Definitions.--In this subsection, the terms "beneficial owner", "reporting company", and "United States person" have the meanings given the terms in section 5336 of title 31, United States Code.
(2) Exemptions.--Notwithstanding any other provision of law--
(A) no reporting company shall be required to report the beneficial ownership information of any United States person who is a beneficial owner; and
(B) no United States person shall be required to provide beneficial ownership information with respect to any reporting company for which they are a beneficial owner.
(c) Deletion of Information.--
(1) In general.--Not later than 90 days after the date of enactment of this Act, the Financial Crimes Enforcement Network of the Department of Treasury shall delete all beneficial ownership information of any United States person.
(2) Retention.--The Financial Crimes Enforcement Network may maintain any beneficial ownership information relating to any person that is not a United States person.
______
SA 6240. Mr. KENNEDY 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:
Text printed in the Record (2,259 characters)
At the appropriate place, insert the following:
SEC. ___. PROTECTION FROM TREATMENT-RELATED CREDIT HARM.
(a) Amendments to Fair Credit Reporting Act.--
(1) Medical debt defined.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following:
"(bb) Medical Debt.--The term `medical debt' means a debt arising from the receipt of medical services, products, or devices.".
(2) Exclusion for medical debt.--
(A) In general.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by striking paragraph (6) and inserting the following:
"(6)(A) Any adverse information related to a medical debt, including a medical debt that was placed for collection, charged to profit or loss, or subjected to any similar action.
"(B) Nothing in subparagraph (A) may be construed to prevent a consumer reporting agency from collecting the information described in that subparagraph.".
(B) Technical and conforming amendments.--Section 604(g) of the Fair Credit Reporting Act (15 U.S.C. 1681b(g)) is amended--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking "(other than medical contact information treated in the manner required under section 605(a)(6))";
(II) in subparagraph (A), by adding "or" at the end;
(III) in subparagraph (B)(ii), by striking "; or" and inserting a period; and
(IV) by striking subparagraph (C); and
(ii) in paragraph (2), by striking "(other than medical information treated in the manner required under section 605(a)(6))".
(b) Modification of Regulations Relating to Prohibitions on Use of Medical Debt Information.--
(1) Definitions.--In this subsection, the terms "credit" and "creditor" have the meanings given those terms in section 702 of the Equal Credit Opportunity Act (15 U.S.C. 1691a).
(2) Requirement.--Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall amend section 1022.30 of title 12, Code of Federal Regulations, or any successor regulation, to ensure that creditors are prohibited from obtaining or using information relating to the medical debt of a consumer in determining whether or not to extend credit to that consumer.
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SA 6241. Mr. KENNEDY 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:
Text printed in the Record (4,564 characters)
At the appropriate place, insert the following:
SEC. __. TREASURY REPORTS.
(a) Thresholds for Currency Transaction Reports.--
(1) Currency transaction reports.--
(A) Initial updated threshold.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall issue regulations pursuant to sections 5313 and 5315 of title 31, United States Code, to update each threshold amount under such regulations that is $10,000 to be $30,000.
(B) Inflation adjustment.--
(i) In general.--Not later that 5 years after the date on which the Secretary of the Treasury updates regulations under subparagraph (A), and every 5 years thereafter, the Secretary of the Treasury shall issue regulations pursuant to sections 5313 and 5315 of title 31, United States Code, to update each threshold amount under such regulations required to be updated under subparagraph (A) to reflect the change during the applicable 5-year period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, which shall be rounded to the nearest multiple of $1,000.
(ii) Effective date.--Each adjustment under clause (i) shall take effect on the first January 1 occurring after the date on which the Secretary of the Treasury publishes the adjustment.
(2) Reports relating to coins and currency received in nonfinancial trade or business.--Section 5331 of title 31, United States Code, is amended--
(A) by striking "$10,000" each place it appears in a heading or the text and inserting "$30,000"; and
(B) by adding at the end the following:
"(e) Updates for Inflation.--
"(1) In general.--Not later than 5 years after the date of enactment of this subsection, and every 5 years thereafter, the Secretary of the Treasury shall update each dollar figure under this section to reflect the change during the applicable 5-year period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, which shall be rounded to the nearest multiple of $1,000.
"(2) Effective date.--Each adjustment under paragraph (1) shall take effect on the first January 1 occurring after the date on which the Secretary of the Treasury publishes the adjustment.".
(b) Thresholds for Suspicious Activity Reports.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency that issues regulations with respect to reports on suspicious transactions described under section 5318(g) of title 31, United States Code, shall update each threshold amount under such regulations that is $2,000 to be $3,000 and each threshold amount under such regulations that is $5,000 to be $10,000.
(c) Review and Report.--Not later than 360 days after the date of enactment of this Act, the Secretary of the Treasury shall--
(1) review the forms and reporting and recordkeeping requirements issued pursuant to sections 5313, 5315, and 5318 of title 31, United States Code, which shall include an analysis on the aggregation, prioritization, and automation of those forms and requirements, to ensure that such forms and reporting requirements are effective and efficient in identifying illicit finance activity;
(2) update the forms and requirements described in paragraph (1) as the Secretary of the Treasury determines necessary and consistent with section 5318(g)(5) of title 31, United States Code;
(3) conduct the reviews and submit the reports required under sections 6204, 6205, and 6216 of the Anti-Money Laundering Act of 2020 (division F of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021; 134 Stat. 4569; 31 U.S.C. 5313 note, 31 U.S.C. 5311 note); and
(4) submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that--
(A) summarizes the results of the review conducted under paragraph (1); and
(B) includes recommendations for updating the forms and requirements described in paragraph (1).
(d) Rule of Construction.--Nothing in this section shall be construed to--
(1) alter the ability of the Secretary of the Treasury to issue geographic targeting orders pursuant to section 5326 of title 31, United States Code;
(2) alter any legal grounds for any geographic targeting order issued on or before the date of enactment of this Act; or
(3) alter the ability of the Secretary of the Treasury to reduce reporting thresholds when consistent with all applicable law.
______
SA 6242. Mr. KENNEDY 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:
Text printed in the Record (7,873 characters)
At the appropriate place, insert the following:
SEC. __. ADJUSTMENT OF CENSUS INCOME INEQUALITY CALCULATION.
(a) Definitions and Special Rules.--In this section:
(1) Administering agency.--The term "administering agency" means a Federal, State, or local governmental agency responsible for assessing income, collecting revenue, administering a benefit, or collecting, compiling, and analyzing data related to income assessments, revenue collections, or benefits administration.
(2) Director.--The term "Director" means the Director of the Bureau of the Census.
(3) Earned income.--
(A) In general.--The term "earned income" means income paid to individuals from the following:
(i) Earnings from employment or self-employment, including employment by a governmental entity to perform specific services, with continued employment conditional on successful delivery of those services.
(ii) Interest.
(iii) Dividends.
(iv) Rents, royalties, and estates and trusts.
(v) Realized capital gains.
(vi) The monetary value of employer-paid benefits, including--
(I) health insurance premiums; (II) the actuarial value of--
(aa) employer-funded health insurance net of employee contributions;
(bb) life insurance premiums;
(cc) contributions to a health savings account (as defined in section 223(d) of the Internal Revenue Code of 1986);
(dd) contributions to a qualified cash or deferred arrangement (as defined in section 401(k)(2) of such Code);
(ee) contributions to an individual retirement plan (as defined in section 7701(a)(37) of such Code); and
(ff) employer contributions to a defined contribution retirement plan (as defined in section 414(i) of such Code);
(III) benefits from a defined benefit retirement plan (as defined in section 414(j) of such Code) at the time the benefits are delivered;
(IV) benefits provided to government employees tied specifically to their employment, including veterans benefits; and
(V) other benefits paid by an employer during retirement, including pensions, healthcare coverage, and other benefits, counted at the time at which the benefit is received.
(vii) In-kind compensation such as cost-free or reduced-cost lodging or meals, except for items required by the employer for performing work, such as uniforms or personal protective equipment.
(B) Special rules for earned income.--
(i) Adjustments generally.--For purposes of subparagraph (A), all types of earned income shall be reconciled and adjusted to known, reliable independent benchmarks, including benchmarks produced by statistical agencies, programmatic agencies, the Internal Revenue Service, private sources, and such other sources as the Director determines appropriate.
(ii) Readjustments.--In addition to adjusting earned income under clause (i), additional adjustments shall be made for missing and misreported data based on existing and future research by the Bureau of the Census, other government agencies, academic researchers, and other private research.
(4) Government transfer payments.--
(A) In general.--The term "government transfer payments" means any money, goods, services, or discounts provided to individuals, families, or households by or at the direction of Federal Government or State, local, or other government sources, including agencies and agents thereof, or by private entities at the direction of any such source, that are not payments for services performed as an employee or that are not provided equally to all legal residents of the United States without any conditions related to income, assets, economic status, age, social condition, or any other restriction.
(B) Inclusions.--The term "government transfer payments" includes the following:
(i) Unemployment insurance compensation.
(ii) Workers' compensation.
(iii) Benefits administered by the Social Security Administration, including--
(I) old-age insurance benefits and disability insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and
(II) supplemental security income benefits under title XVI of such Act (42 U.S.C. 1381 et seq.).
(iv) Benefits under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.).
(v) Other disability benefits from government, except those provided to government employees as part of their employment compensation.
(vi) Benefits provided under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), including any income-related subsidy described in section 1860D-14 of such Act (42 U.S.C. 1395w-114), and any other reduction in premiums or cost sharing, such as deductibles, copaymentss, or coinsurance under such title.
(vii) So much of the amount of any income tax refund paid to a taxpayer which is attributable to--
(I) the earned income credit under section 32 of the Internal Revenue Code of 1986;
(II) the child tax credit under section 24 of such Code; and
(III) any other refundable credit under subpart C of part IV of subchapter A of chapter 1 of such Code.
(viii) Assistance or benefits provided under the Temporary Assistance for Needy Families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(ix) Medical assistance provided under the Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(x) Child health assistance or pregnancy-related assistance provided under the State Children's Health Insurance Program established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).
(xi) Benefits provided pursuant to an Indian health program (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)).
(xii) Premium tax credits under section 36B of the Internal Revenue Code of 1986, cost-sharing reduction payments under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071), or any other payment that reduces the premium amount paid by the enrollee.
(xiii) Any other government payments to assist in purchasing medical care or health insurance.
(xiv) Benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(xv) Free and reduced price meals provided under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(xvi) Benefits and services provided under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
(xvii) Meals provided under the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).
(xviii) rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), including housing choice vouchers and project-based rental assistance.
(xix) Assistance provided by the Rural Housing Service of the Department of Agriculture, including rental assistance.
(xx) Assistance (including services) under the Low-Income Home Energy Assistance Program, established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
(xxi) A Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).
(xxii) So much of the American Opportunity Tax Credit under section 25A of the Internal Revenue Code of 1986 as is allowed under subsection (i) thereof.
(xxiii) Such other transfers by or at the direction of Federal Government or State, local, or other government sources that the Director determines to be consistent with subparagraph (A) using available data sources.
(5) Income tax data.--The term "income tax data" means return information, as defined in section 6103(b)(2) of the Internal Revenue Code of 1986 (26 U.S.C.
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6103(b)(2)).
(6) Statistical agency.--The term "statistical agency" means--
(A) the Bureau of Labor Statistics of the Department of Labor;
(B) the Bureau of Economic Analysis of the Department of Commerce; and
(C) any other Federal, State, or local government entity that collects, processes, or publishes data related to any of the components of income covered by this section.
(7) Taxes.--
(A) In general.--
(i) General definition.--The term "taxes" means all money revenues paid by individuals, families, or households to the Federal Government or a State, local, or other government either directly or indirectly through an employer or other entity based on their earnings from employment, savings, investing, real estate, trusts, or other sources or on the value, ownership, or usage of real estate property, personal property, other assets of any kind, or purchases of goods and services (including both real and financial).
(ii) Inclusions.--The term "taxes" includes--
(I) employment taxes under subtitle C of the Internal Revenue Code of 1986 (whether paid by the employer or employee);
(II) income taxes, including taxes on investment income;
(III) corporate income taxes allocated to shareholders based on best research on share of corporate taxes that reduce dividends;
(IV) corporate income taxes allocated to employees based on best research on share of corporate taxes that reduce compensation;
(V) self-employment income and payroll taxes;
(VI) property taxes;
(VII) capital gains taxes;
(VIII) estate taxes;
(IX) inheritance taxes;
(X) gift taxes;
(XI) sales taxes, use taxes, value added taxes, or any other fee collected by government on sales of any goods or any services (either real or financial) to households or individuals;
(XII) excise taxes paid either separately or included as part of the price paid for a good or service;
(XIII) tariffs and duties paid either directly or as part of the price paid for a good or service; and
(XIV) such other sources of money revenues that the Director determines to be consistent with clause (i).
(B) Special rules for determining amounts of tax.--
(i) In general.--For purposes of subparagraph (A), totals of taxes shall be reconciled and adjusted to sum to total tax and other revenue income available from other reliable sources, including the Office of Management and Budget, the Department of the Treasury, and the Bureau of Economic Analysis.
(ii) Treatment of tax credits.--With respect to any taxpayer:
(I) The amount of taxes paid shall be determined without regard to any refund paid to the taxpayer which is attributable to any refundable credit under subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986.
(II) The amount of any refund paid to the taxpayer which is attributable to any such refundable credit shall be treated as a government transfer payment in accordance with paragraph (3).
(b) New Methodology.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the heads of other appropriate Federal, State, and local agencies, as determined by the Director, shall implement a new methodology to measure poverty, in addition to the Official Poverty Measure and the Supplemental Poverty Measure, that--
(A) uses the methodology outlined in the report of the Congressional Budget Office titled "Reconciling the Official Poverty Measure and CBO's Distributional Analysis of Household Income"; and
(B) measures the income of an individual as the amount equal to--
(i) the sum of earned income and government transfer payments received by the individual, less
(ii) the taxes paid by the individual.
(2) Resolution of potential conflict.--To the extent of any conflict between the requirements under subparagraphs (A) and (B) of paragraph (1), the requirement under such subparagraph (A) shall supersede the requirement under such subparagraph (B).
(c) Agency Data.--
(1) Federal agencies.--Not later than 180 days after the head of a Federal agency receives a request from the Director for data possessed or reasonably obtainable by such Federal agency for carrying out this section, such head shall make available to the Director such data to the extent otherwise permitted by law.
(2) State and local agencies.--The Director may request the head of a State or local agency that is an administering agency to provide such data as the Director determines necessary to carry out this section.
(d) Publication of Data.--
(1) Data report.--Not later than 1 year after the date on which the Director implements the new methodology required under subsection (b), the Director shall submit to Congress a report detailing the implementation of this section, including the availability and quality of data from the administering agencies from which the Director has requested information for carrying out this section.
(2) Measurement report.--
(A) In general.--Not later than 1 year after the date on which the Director implements the new methodology required under subsection (b), the Director shall submit to Congress a report detailing the implementation of this section, including--
(i) the recalculated measures of income inequality based on the new calculation methodology implemented under subsection (b);
(ii) a comparison between the recalculated measures of income inequality and of household income dispersion based on the new calculation methodology implemented under subsection (b) and such measures based on the calculation methodologies in use for such measures on the day before the date on which such new calculation methodology was implemented; and
(iii) a comparison between each statistic tracked by the Bureau of the Census based on the new calculation methodology implemented under subsection (b) and such statistic based on the calculation methodologies in use for such statistic on the day before the date on which such new calculation methodology was implemented.
(B) Data sources.--
(i) In general.--The Director shall use the best available data sources in creating the report required under subparagraph (A), including the use of surveys previously collected by the Bureau of the Census, data from other statistical agencies, data from private sources, and, in cases of missing or unknown data, statistical imputations.
(ii) Survey augmentation.--In carrying out clause (i), the Director may augment surveys being carried out by the Bureau of the Census or the Bureau of Labor Statistics of the Department of Labor.
(3) Statistics publication.--For all publications and data sets issued after the date on which the Director implements the new methodology required under subsection (b), the Director shall use such new calculation methodology to calculate each instance of each measure or statistic based on such methodology, including each historical instance.
(e) Protection and Disclosure of Personally Identifiable Information.--
(1) In general.--The security, disclosure, and confidentiality provisions set for in sections 9 and 23 of title 13, United States Code, shall apply to personally identifiable information obtained by the Bureau of the Census pursuant to this section.
(2) Restricted access to personally identifiable information.--Access to personally identifiable information collected to supplement the restricted-use Current Population Survey Annual Social and Economic Supplements in accordance with subsection (c)(1) shall be available only to those who have access to the Current Population Survey data with the permission of the Bureau of the Census and in accordance with any other applicable provision of federal and state law.
(3) Criminal penalties.--Any individual who knowingly accesses or discloses personally identifiable information in violation of this section shall be fined not more than $300,000, imprisoned for not more than 5 years, or both.
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SA 6243. Ms. HASSAN (for herself and Mr. Cramer) 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:
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At the end of subtitle E, add the following:
SEC. 1050. NORTHERN BORDER SECURITY ENHANCEMENT AND REVIEW.
(a) Short Title.--This section may be cited as the "Northern Border Security Enhancement and Review Act".
(b) Northern Border Threat Analysis.--Section 3(a) of the Northern Border Security Review Act (Public Law 114-267) is amended--
(1) in the matter preceding paragraph (1), by striking "180 days after the date of enactment of this Act" and inserting "September 2, 2025, and every 3 years thereafter";
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and
(3) by inserting after paragraph (1) the following:
"(2) an assessment of recent changes in the amount and demographics of apprehensions at the Northern Border, including an analysis of apprehension changes at the sector level.".
(c) Northern Border Strategy Updates.--Section 3 of the Northern Border Security Review Act, as amended by subsection (b), is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
"(c) Northern Border Strategy Updates.--The Secretary of Homeland Security shall update the Department of Homeland Security's Northern Border strategy not later than September 2, 2026, and every 5 years thereafter, and shall incorporate the results of the most recent threat analysis in each such update.".
(d) Classified Briefings.--Section 3 of the Northern Border Security Review Act, as amended by subsections (b) and (c), is further amended by adding at the end the following:
"(e) Classified Briefings.--Not later than 30 days after the submission of each threat analysis pursuant to subsection (a), the Secretary of Homeland Security shall provide a classified briefing regarding such analysis to the appropriate congressional committees.".
(e) Implementation of Certain Government Accountability Office Recommendations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Executive Assistant Commissioner of Air and Marine Operations of U.S. Customs and Border Protection, shall develop performance measures to assess the effectiveness of Air and Marine Operations at securing the northern border between ports of entry in the air and maritime environments.
(f) No Additional Funds.--No additional funds are authorized to be appropriated for the purpose of carrying out this section or the amendments made by this section.
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SA 6244. Ms. HASSAN 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:
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At the end of subtitle A of title XV, add the following:
SEC. 1510A. REPORT ON RISKS TO GLOBAL POSITIONING SYSTEM AND
ASSOCIATED POSITIONING, NAVIGATION, AND TIMING
SERVICES.
(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 appropriate committees of Congress a report on risks to the Global Positioning System and associated positioning, navigation, and timing services.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) A description of risks posed by a lack of access to the Global Positioning System and associated positioning, navigation, and timing services during a potential conflict in which the United States involved or in the case of an attack on a United States ally.
(2) A description of risks to United States allies from a disruption of access to the Global Positioning System and associated positioning, navigation, and timing services provided by the United States.
(3) An assessment of each of the following:
(A) The capabilities of competitor countries, including the People's Republic of China, the Russian Federation, Iran, and the Democratic People's Republic of Korea, to degrade or deny United States access to the Global Positioning System and associated positioning, navigation, and timing services during a potential conflict with the United States or in the case of an attack on a United States ally.
(B) Current Department of Defense efforts to develop or procure technology or systems to provide redundant global positioning and positioning, navigation, and timing capabilities, including space-based and terrestrial-based (including quantum sensing technology) efforts.
(C) The ability of the Resilient Global Positioning System (R-GPS) program of the Space Force to achieve, not later than 10 years after the date of the enactment of this Act, full capacity to provide Global Positioning System resilience to existing United States satellites.
(4) A framework for developing a full-scale terrestrial-based Global Positioning System redundancy system that could be operational not later than 15 years after the date of the enactment of this Act.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Armed Services, the Select Committee on Intelligence, 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, and the Committee on Homeland Security of the House of Representatives.
(2) United states ally.--The term "United States ally" means--
(A) a member country of the North Atlantic Treaty Organization;
(B) a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q))); and
(C) Taiwan.
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SA 6245. Ms. HASSAN (for herself and Ms. Ernst) 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:
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At the appropriate place, insert the following:
SEC. __. 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--
"(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).".
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SA 6246. Ms. HASSAN 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. PILOT PROGRAM ON USE OF BIG DATA ANALYTICS TO
IDENTIFY VESSELS EVADING SANCTIONS AND EXPORT
CONTROLS.
(a) In General.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall establish a pilot program at the National Targeting Center to assess the feasibility and advisability of using big data analytics to identify and predict instances in which disabling or manipulating the Automatic Identification System on a vessel is an indication that there is a high risk that the vessel is transporting goods in a manner that evades sanctions or export controls imposed by the United States.
(b) Law Enforcement Use.--The Secretary, acting through the Commissioner, shall design the pilot program required by subsection (a) to provide actionable intelligence with respect to instances described in subsection (a) to--
(1) operational components of the Department of Homeland Security, including U.S. Immigration and Customs Enforcement and the Coast Guard;
(2) other Federal law enforcement agencies; and
(3) such agencies of foreign countries that are partners of the United States as the Secretary considers appropriate.
(c) Data Elements.--
(1) In general.--In developing the pilot program required by subsection (a), the Secretary, acting through the Commissioner, shall consider the inclusion of the following data with respect to a vessel described in that subsection:
(A) The type of goods being transported on the vessel.
(B) The destination of the vessel.
(C) The ownership and nationality of the vessel, the shipper, and the importer.
(D) The ownership and nationality of vessels located in close proximity to the vessel while the Automatic Identification System was disabled or being manipulated.
(E) The period of time for which the Automatic Identification System on the vessel was disabled or being manipulated.
(F) The frequency of issues with the Automatic Identification System on that vessel.
(2) Data models.--The pilot program required by subsection (a) may include multiple data models to account for different behavior patterns for different shippers and different types of goods.
(d) Interagency Coordination.--The Secretary, acting through the Commissioner, shall coordinate with the Secretary of Commerce and the Director of National Intelligence in developing and carrying out the pilot program required by subsection (a).
(e) Termination.--The pilot program required by subsection (a) shall terminate on the date that is 4 years after the date of the enactment of this Act.
(f) Report Required.--Not later than 4 years after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Commerce, the Secretary of the Treasury, and the Director of National Intelligence, shall submit to Congress a report--
(1) assessing the usefulness of the pilot program required by subsection (a) in identifying and predicting instances described in that subsection;
(2) with respect to each instance in which a vessel was identified under the pilot program as posing a high risk of transporting goods in a manner that evades sanctions or export controls imposed by the United States and the vessel was successfully interdicted by the United States or a country that is a partner of the United States--
(A) specifying whether or not the vessel was confirmed to be evading such sanctions or export controls;
(B) if the vessel was confirmed to be evading such sanctions or export controls, specifying the penalty imposed; and
(C) if the vessel was not confirmed to be evading such sanctions or export controls, specifying whether a United States agency took action against the vessel based on reasonable suspicion;
(3) with respect to each instance in which a vessel was identified under the pilot program as posing a high risk of transporting goods in a manner that evades sanctions or export controls imposed by the United States and the vessel was not successfully interdicted by the United States or a country that is a partner of the United States, specifying whether the vessel traveled to--
(A) a country with respect to which the United States has imposed sanctions or export controls with respect to goods suspected of being transported on the vessel;
(B) a country not described in subparagraph (A) but that the Secretary of Homeland Security has identified as a country posing a high risk of transshipment of goods suspected of being transported on the vessel to a country described in subparagraph (A); or
(C) a country not described in subparagraph (A) or (B); and
(4) making recommendations with respect to whether big data analytics should be used to identify and predict instances described in subsection (a) in the future.
(g) No Additional Amounts Authorized.--No additional amounts are authorized to be appropriated to carry out the pilot program required by subsection (a).
(h) Rule of Construction on Collection or Acquisition of Information.--Nothing in this section authorizes any new collection or acquisition of information not otherwise authorized by existing law as of the date of the enactment of this Act.
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SA 6247. Ms. HASSAN 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:
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At the end of subtitle B of title II, add the following:
SEC. 225. PRIZE COMPETITIONS TO ADVANCE ARTIFICIAL
INTELLIGENCE INTERPRETABILITY AND ADVERSARIAL
ROBUSTNESS.
(a) Prize Competition for Artificial Intelligence Interpretability Research.--
(1) Interpretability prize competition.--Not later than 270 days after the date of enactment of this Act, the Secretary of Homeland Security (in this section, referred to as the "Secretary") shall commence carrying out at least one prize competition under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) to advance the science of interpretability in a manner relevant to commercially available or widely used artificial intelligence products.
(2) Consultation.--In carrying out the prize competition required by paragraph (1), the Secretary shall consult with--
(A) the Secretary of Commerce;
(B) the Director of the National Institute of Standards and Technology;
(C) the National Cyber Director;
(D) the Director of the National Science Foundation; and
(E) any industry expert from the artificial intelligence sector in the United States that the Secretary considers relevant.
(3) Structure and evaluation criteria.--
(A) In general.--The Secretary shall develop the structure and evaluation criteria for a prize competition carried out under paragraph (1) in accordance with the primary purpose described in that paragraph.
(B) Competition structure.--The Secretary may--
(i) structure a competition under paragraph (1) into one or more phases, including submission of interpretability frameworks, submission of interpretable artificial intelligence models, and unique basic research; and
(ii) open these phases to the same, or to distinct, contestant pools.
(C) Evaluation considerations.--In developing the evaluation criteria for the frameworks, models, or methods submitted for a prize competition under paragraph (1), the Secretary shall consider--
(i) the degree to which a submission advances broadly applicable principles of artificial intelligence interpretability;
(ii) the practical value of a submission in making artificial intelligence more understandable and reliable in high-risk, high-value use cases; and
(iii) the likelihood that the unique research submitted will create standards for artificial intelligence interpretability in the government or industry.
(4) Program administration.--The Secretary may enter into contracts, cooperative agreements, or other agreements with for-profit or nonprofit entities or State, territorial, local, or Tribal agencies to design and administer any prize competition carried out under paragraph (1).
(b) Prize Competition for Artificial Intelligence Adversarial Robustness Research.--
(1) Adversarial robustness prize competition.--Not later than 270 days after the date of enactment of this Act, the Secretary shall commence carrying out at least one prize competition under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) to develop capable artificial intelligence models that are designed to exhibit adversarial robustness in circumstances necessary for at least one high-impact, high-risk application in government or industry.
(2) Consultation.--In carrying out a prize competition required by paragraph (1), the Secretary shall consult with--
(A) the Secretary of Commerce;
(B) the Director of the Institute of Standards and Technology;
(C) the National Cyber Director;
(D) the Director of the National Science Foundation;
(E) any industry expert from the artificial intelligence sector in the United States that the Secretary considers relevant; and
(F) the head of any Federal agency who has authority or expertise in a high-impact, high-risk application of artificial intelligence that could be an appropriate subject for a prize competition under paragraph (1).
(3) Structure and evaluation criteria.--
(A) In general.--The Secretary shall develop the structure and evaluation criteria for a prize competition carried out under paragraph (1) in accordance with the primary purpose described in that paragraph.
(B) Competition structure.--The Secretary may--
(i) structure a competition under paragraph (1) into one or more phases, including submission of adversarial robustness frameworks, submission of artificial intelligence models, and red-teaming; and
(ii) open these phases to the same, or to distinct, contestant pools.
(C) Evaluation considerations.--In developing the evaluation criteria for the frameworks, models, or methods submitted for a prize competition under paragraph (1), the Secretary shall consider--
(i) the degree to which a submission advances broadly applicable principles of artificial intelligence robustness; and
(ii) the practical value of the submission in reducing the risk of adversarial attacks in high-risk, high-value use cases of artificial intelligence.
(4) Program administration.--The Secretary may enter into contracts, cooperative agreements, or other agreements with for-profit or nonprofit entities or State, territorial, local, or Tribal agencies to design and administer any prize competition carried out under paragraph (1).
(c) Tracking and Reporting.--
(1) In general.--Not later than 180 days after the date on which the first prize competition concludes, the Secretary shall submit to the appropriate congressional committees a report that includes--
(A) an evaluation of how the results of the competitions inform the fields of interpretability and adversarial robustness;
(B) an assessment of any gaps in these fields identified by the Secretary over the course of the competitions; and
(C) any suggested action that Congress should take to advance the fields of interpretability, adversarial robustness, and any related research.
(2) Appropriate congressional committees defined.--In this section, the term "appropriate congressional committees" means--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of Representatives.
(d) Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for the period of fiscal years 2027 through 2030.
(e) Definitions.--In this section:
(1) The term "adversarial robustness" means the degree to which an artificial intelligence model is able to resist attacks that would induce it to produce incorrect, restricted, or harmful outputs, while maintaining integrity, reliability, and privacy.
(2) The term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(3) The term "interpretability" means the degree to which humans are able to accurately understand how an artificial intelligence model makes decisions and considers inputs and how the outputs or behaviors of the model respond to a change in the inputs.
(4) The term "red-teaming" means a structured, interactive, and adversarial process to test an artificial intelligence system by simulating real-world actions to find vulnerabilities or flaws in the system.
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SA 6248. Ms. HASSAN (for herself and Mr. Johnson) 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:
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At the appropriate place, insert the following:
SEC. __. FEDERAL CLEARINGHOUSE ON SAFETY AND SECURITY BEST
PRACTICES FOR NONPROFIT ORGANIZATIONS, FAITH-
BASED ORGANIZATIONS, AND HOUSES OF WORSHIP.
(a) Federal Clearinghouse.--
(1) Establishment.--
(A) In general.--Not later than 270 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Executive Director of the White House Office of Faith-Based and Neighborhood Partnerships, and the head of any other agency the Secretary determines appropriate, shall establish within the Department a Federal Clearinghouse on Safety and Security Best Practices for Nonprofit Organizations, Faith-based Organizations, and Houses of Worship.
(B) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to--
(i) educate and publish online best practices and recommendations for safety and security for nonprofit organizations, including faith-based organizations, and houses of worship; and
(ii) provide information relating to Federal grant programs available to nonprofit organizations, including faith-based organizations, and houses of worship.
(C) Personnel.--
(i) Assignments.--The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this subsection.
(ii) Detailees.--The Secretary may coordinate detailees on a reimbursable or a nonreimbursable basis as required for the Clearinghouse.
(iii) Designated point of contact.--
(I) In general.--There shall be not fewer than 1 employee assigned or detailed to the Clearinghouse who shall be the designated point of contact to provide information and assistance to nonprofit organizations, including faith-based organizations, and houses of worship, including assistance relating to the grant program established under subsection (c).
(II) Contact information.--The contact information of the designated point of contact under subclause (I) shall be made available on the website of the Clearinghouse.
(iv) Qualification.--To the maximum extent possible, any personnel assigned or detailed to the Clearinghouse under this subparagraph should be familiar with nonprofit organizations, including faith-based organizations, and houses of worship and with physical and online security measures to identify and prevent safety and security risks.
(2) Clearinghouse contents.--
(A) Evidence-based tiers.--
(i) In general.--The Secretary, in consultation with the Attorney General, the Executive Director of the White House Office of Faith-Based and Neighborhood Partnerships, and the head of any other agency the Secretary determines appropriate, shall develop tiers for determining evidence-based best practices and recommendations that demonstrate a significant effect on improving safety and security of nonprofit organizations, including faith-based organizations, and houses of worship.
(ii) Requirements.--The tiers required to be developed under clause (i) shall--
(I) prioritize--
(aa) strong evidence from not fewer than 1 well-designed and well-implemented experimental study; and
(bb) moderate evidence from not fewer than 1 well-designed and well-implemented quasi-experimental study; and
(II) consider promising evidence that demonstrates a rationale based on high-quality research findings or positive evaluations that the activity, strategy, or intervention is likely to improve and promote safety and security of nonprofit organizations, including faith-based organizations, and houses of worship.
(B) Criteria for best practices and recommendations.--The best practices and recommendations referred to in paragraph (1)(B)(i) of the Clearinghouse shall, at a minimum--
(i) identify areas of concern for nonprofit organizations, including faith-based organizations, and houses of worship, including event planning recommendations, checklists, facility hardening, tabletop exercise resources, and other resilience measures;
(ii) involve comprehensive safety and security measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety and security posture of nonprofit organizations, including faith-based organizations, and houses of worship upon implementation;
(iii) involve comprehensive safety and security measures, including preparedness, protection, mitigation, incident response, and recovery to improve the resiliency of nonprofit organizations, including faith-based organizations, and houses of worship
from threats and incidents, including natural disasters, manmade disasters, or terrorist attacks or other threats;
(iv) include any evidence or research rationale supporting the determination of the Clearinghouse that the comprehensive safety and security measures under clauses (ii) and (iii) have been shown to have a significant effect on improving the safety and security of individuals who, at the time of any such threat or incident, are physically located in the place or building of a nonprofit organization, including a faith-based organization, or a house of worship, including--
(I) findings and data from previous Federal, State, local, Tribal, territorial, private sector, and nongovernmental organization research centers relating to the safety and security of nonprofit organizations, including faith-based organizations, and houses of worship, including from targeted violence; and
(II) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety and security posture of nonprofit organizations, including faith-based organizations, and houses of worship upon implementation; and
(v) include an overview of the available resources the Clearinghouse can provide to nonprofit organizations and houses of worship.
(C) Additional information.--The Clearinghouse shall maintain and make available a comprehensive index of all Federal grant programs for which nonprofit organizations, including faith-based organizations, and houses of worship are eligible, which shall include the performance metrics the recipient will be required to provide for each grant.
(D) Past recommendations.--To the greatest extent practicable, the Clearinghouse shall identify and present, as appropriate, best practices and recommendations issued by Federal, State, local, Tribal, territorial, private sector, and nongovernmental organizations relevant to the safety and security of nonprofit organizations, including faith-based organizations, and houses of worship.
(E) Existing platform.--The Secretary may establish and maintain the Clearinghouse on an online platform or a website that is in existence as of the date of enactment of this Act.
(3) Assistance and training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train nonprofit organizations, including faith-based organizations, and houses of worship regarding the implementation of the best practices and recommendations under this subsection.
(4) Continuous improvement.--
(A) In general.--The Secretary shall--
(i) collect for the purpose of continuous improvement of the Clearinghouse--
(I) Clearinghouse data analytics;
(II) user feedback on the implementation of resources, best practices, and recommendations identified by the Clearinghouse; and
(III) any evaluations conducted regarding implementation of such best practices and recommendations;
(ii) in coordination with the Faith-Based Security Advisory Council of the Department, the Department of Justice, the Executive Director of the White House Office of Faith-Based and Neighborhood Partnerships, and any other agency the Secretary determines appropriate--
(I) assess and identify Clearinghouse best practices and recommendations for which there are no resources available through Federal Government programs for implementation;
(II) provide feedback on the implementation of such best practices and recommendations; and
(III) propose additional best practices and recommendations for inclusion in the Clearinghouse; and
(iii) not less frequently than annually, examine and update the Clearinghouse in accordance with--
(I) the information collected under clause (i); and
(II) the best practices and recommendations proposed under clause (ii)(III).
(B) Report to congress.--Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter during the period in which the Clearinghouse is in existence, the Secretary shall submit to Congress a report on the updates under subparagraph (A)(iii) made to the Clearinghouse during the preceding 3-year period, which shall include a description of any changes made pursuant thereto to the Clearinghouse.
(b) Notification of the Clearinghouse.--
(1) In general.--The Secretary shall provide to the individuals, Federal agencies, and committees specified in paragraph (2) written notification of the establishment of the Clearinghouse, including updates pertaining to grant programs identified under subsection (a)(2)(C).
(2) Individuals, federal agencies, and committees specified.--The individuals, Federal entities, and committees specified in this paragraph are the following:
(A) Every State homeland security advisor.
(B) Every State department of homeland security.
(C) Other Federal agencies with grant programs or initiatives that aid in the safety and security of nonprofit organizations, including faith-based organizations, and houses of worship, as determined appropriate by the Secretary.
(D) Every Cyber Security Advisor.
(E) Every Protective Security Advisor.
(F) Every Federal Bureau of Investigation Joint Terrorism Task Force.
(G) Every Homeland Security Fusion Center.
(H) Every State or territorial Governor or other chief executive.
(I) The Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate.
(J) The Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives.
(c) Federal Grants and Resources Overview.--
(1) In general.--To the extent practicable, the Secretary, when carrying out subsection (a)(2)(C), shall include a grants program overview on the website of the Clearinghouse that shall--
(A) be a location for all information regarding Federal grant programs that are open to nonprofit organizations, including faith-based organizations, and houses of worship for the purposes of safety and security;
(B) directly link to each grant application and any applicable user guides;
(C) identify all safety and security homeland security assistance programs managed by the Department that may be used to implement best practices and recommendations of the Clearinghouse;
(D) concurrent with the application period for any grant identified under subsection (a)(2)(C), provide information related to the required elements of grant applications to aid nonprofit organizations, including faith-based organizations, and houses of worship in meeting the eligibility criteria for Federal grants; and
(E) provide answers to frequently asked questions regarding the implementation of best practices and recommendations of the Clearinghouse and best practices for applying for a grant identified under subsection (a)(2)(C).
(2) Provision of information relating to federal grants and resources.--Each Federal agency notified under subsection (b) shall provide to the Secretary or other appropriate point of contact for the Clearinghouse for inclusion in the Clearinghouse necessary information regarding any Federal grant programs or resources of the Federal agency that are available for nonprofit organizations, including faith-based organizations, and houses of worship.
(3) State grants and resources.--
(A) In general.--Any State notified under subsection (b) may provide to the Secretary or other appropriate point of contact for the Clearinghouse for inclusion in the Clearinghouse
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necessary information regarding any grant programs or resources of the State available for nonprofit organizations, including faith-based organizations, and houses of worship for the purposes of safety and security.
(B) Identification of resources.--The Clearinghouse shall, to the extent practicable, identify for each State the following:
(i) Each State agency responsible for safety and security of nonprofit organizations, including faith-based organizations, and houses of worship in the State, or any State that does not have such an agency designated.
(ii) Any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse.
(iii) Any resources or programs, including community prevention or intervention efforts, that may be used to assist in targeted violence and terrorism prevention.
(d) Other Resources.--The Secretary shall, on the website of the Clearinghouse, include a separate section for other resources that shall provide a centralized list of all available points of contact from which a nonprofit organization, including a faith-based organization, or a house of worship may seek assistance in grant applications and in carrying out the best practices and recommendations of the Clearinghouse, including the following:
(1) A list of contact information to reach Department personnel to assist with grant-related questions.
(2) The applicable Agency contact information to connect houses of worship with Protective Security Advisors.
(3) Contact information for all Department Fusion Centers, listed by State.
(4) Information on the "If you See Something Say Something Campaign" of the Department.
(5) Any other appropriate contacts.
(e) Rule of Construction.--Nothing in this section may be construed to create, satisfy, or waive any requirement under Federal civil rights laws, including--
(1) title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); or
(2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(f) GAO Report.--The Comptroller General of the United States shall submit to Congress a report on the state of Federal grants devoted to safety and security for nonprofit organizations, including faith-based organizations, and houses of worship, and an evaluation of the relevant programs and resources devoted to the safety and security of nonprofit organizations, including faith-based organizations, and houses of worship as of the date of the report.
(g) Sunset.--This Act shall cease to be effective on the date that is 4 years after the date of enactment of this Act.
(h) Definitions.--In this section:
(1) Clearinghouse.--The term "Clearinghouse" means the Federal Clearinghouse on Safety and Security Best Practices for Nonprofit Organizations, Faith-based Organizations, and Houses of Worship established under section 3(a).
(2) Department.--The term "Department" means the Department of Homeland Security.
(3) Faith-based organization.--The term "faith-based organization" means a group, center, or nongovernmental organization with a religious, ideological, or spiritual motivation, character, affiliation, or purpose that meets the definition of nonprofit organization.
(4) House of worship.--The term "house of worship" means a place or building, including a synagogue, mosque, temple, and church, in which congregants practice their religious or spiritual beliefs.
(5) Nonprofit organization.--The term "nonprofit organization" means an organization--
(A) of the type described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of such section; and
(B) determined to be at risk of a terrorist attack or other threat by the Secretary.
(6) Safety and security.--The term "safety and security" means prevention of, protection against, or recovery from threats and incidents, including natural disasters, manmade disasters, or terrorist attacks.
(7) Secretary.--The term "Secretary" means the Secretary of Homeland Security.
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SA 6249. Ms. HASSAN (for herself and Mrs. Blackburn) 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:
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At the appropriate place in title XVI, insert the following:
SEC. __. ADDRESSING STOLEN SENSITIVE DATA.
(a) Definitions.--In this section:
(1) 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).
(2) Covered data.--The term "covered data" means includes the following:
(A) Financial, medical, and biometric data of United States persons.
(B) Intellectual property of United States persons.
(C) Trade secrets of United States persons.
(3) United states person.--The term "United States person" has the meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(b) Addressing Stolen Sensitive Data.--
(1) Strategies to identify.--The President shall, acting through the Secretary of Defense and the Director of National Intelligence, develop strategies to identify--
(A) covered data and classified information unlawfully held by foreign entities;
(B) whether such data and information were encrypted; and
(C) whether such data and information have been decrypted by such foreign entities.
(2) Strategies to address.--The President shall, acting through the Secretary of Defense and the Director of National Intelligence, develop strategies regarding how to address stolen covered data and classified information.
(3) Destruction, manipulation, or recovery.--
(A) Determination of economic and national security interest.--The Secretary and the Director shall jointly determine whether the destruction, manipulation, or recovery of covered data and classified information identified pursuant to the strategies developed under paragraph (1) would be in the economic and national security interest of the United States.
(B) Destruction, manipulation, or recovery.--In a case in which the Secretary and the Director jointly determine under subparagraph (A) that destroying, manipulating, or recovering covered data or classified information is in the economic and national security interested of the United States, the Secretary and the Director may jointly--
(i) pursuant to strategies required by paragraph (1), identify encrypted covered data and classified information that is unlawfully held by a foreign entity that has not been decrypted by the foreign entity;
(ii) pursuant to the strategies required by paragraph (2), attempt to destroy, manipulate, or recover the data and information identified pursuant to clause (i); and
(iii) when practicable, inform the lawful owners of covered data or classified information--
(I) of the intent of the Secretary or the Director, as the case may be, to destroy, manipulate, or recover the covered data or classified information; and
(II) upon successful destruction, manipulation, or recovery of the covered data or classified information.
(c) Report.--
(1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary and the Director shall jointly submit to Congress a report on the strategies developed under paragraphs (1) and (2) of subsection (c) and the actions taken under paragraph (3) of such subsection.
(2) Recommendations.--The report submitted pursuant to paragraph (1) shall include such recommendations as the Secretary and the Director may have for legislative or administrative action to carry out subsection (c).
(3) Form.--The report submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
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SA 6250. Ms. HASSAN 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:
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At the end of subtitle C of title X, add the following:
SEC. 1025. DUTY TO REPORT TERRORISM.
(a) Short Titles.--This section may be cited as the "Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2026" or the "REPORT Act".
(b) Definitions.--In this section:
(1) Act of terrorism.--The term "act of terrorism" has the meaning given such term in section 3077(1) of title 18, United States Code.
(2) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Homeland Security of the House of Representatives;
(E) the Committee on the Judiciary of the House of Representatives; and
(F) the Permanent Select Committee on Intelligence of the House of Representatives.
(c) Reporting Requirement.--
(1) In general.--Whenever an act of terrorism occurs in the United States, the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the head of the National Counterterrorism Center shall--
(A) submit to the appropriate congressional committees, by not later than 1 year after the completion of the investigation concerning such act by the primary Government agency conducting such investigation, an unclassified report (which may be accompanied by a classified annex) concerning such act of terrorism; and
(B) make the report required under subparagraph (A) available on a publicly accessible website.
(2) Other reports.--Reports required under this subsection may be combined into a quarterly report submitted to Congress.
(3) Availability.--Each unclassified report and classified annex described in paragraph (1)(A) shall be made available upon request by any Member of Congress.
(d) Content of Reports.--Each report submitted pursuant to subsection (c) shall--
(1) include a statement of the facts of each act of terrorism covered by the report, to the extent such facts are known at the time the report is submitted to the appropriate congressional committees;
(2) identify any gaps in homeland or national security that could be addressed to prevent similar future acts of terrorism; and
(3) include any recommendations for additional measures that could be taken to improve homeland or national security, including recommendations relating to potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism.
(e) Exception.--
(1) In general.--If the Secretary of Homeland Security, the Attorney General, or the Director of the Federal Bureau of Investigation determines any information described in subsection (d) that is required to be included in the report required under subsection (c) could jeopardize an ongoing investigation or prosecution, the Secretary, Attorney General, or Director, as the case may be--
(A) may withhold from reporting such information; and
(B) shall notify the appropriate congressional committees of such determination.
(2) Savings provision.--Withholding of information pursuant to a determination described in paragraph (1) shall not affect, in any manner, the responsibility of the appropriate Federal official to submit a report required under subsection (c) containing other information described in subsection (d) that is not subject to such determination.
(f) Sunset.--This section shall terminate on the date that is 5 years after the date of the enactment of this Act.
(g) Savings Provision.--Nothing in this section may be construed to provide the National Counterterrorism Center with prosecutorial or investigatory authority.
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SA 6251. Mr. SCHATZ submitted an *COM007*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:
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At the appropriate place in title III, insert the following:
SEC. 3__. REPORT ON EXPOSURE OF INSTALLATIONS OF THE UNITED
STATES AT RISK IN THE PERSIAN GULF.
(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State as necessary, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report analyzing the risk exposure of installations of the United States in the Persian Gulf to attacks from both state and non-state actors, including specific analysis on vulnerabilities to attack from the Islamic Republic of Iran.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) A comprehensive battle damage assessment of how installations of the United States were impacted by Iranian drone and ballistic missile attacks during United States-Iran engagements in 2026, including--
(A) a cost estimate of damages;
(B) a description of enduring damages that have impacted readiness of United States force posture in the region to date; and
(C) an assessment of remaining vulnerabilities to similar attacks that caused damages at those installations.
(2) An assessment of--
(A) hardening of sites that were struck that needs to take place;
(B) measures that were taken to sufficiently prepare those sites for the strikes they endured; and
(C) impacts to future operation of those sites if certain hardening requirements are not met.
(3) An assessment of what capabilities are available to sufficiently address waves of drones attacks on facilities of the United States and a cost estimate of implementing countermeasures across such facilities in the Persian Gulf, including any costs expected to be covered by host nations and what the share of the cost should be.
(4) An assessment conducted jointly between the Secretary of Defense and the Secretary of State that assess any impacts to bilateral relations between the United State and nations hosting installations of the United States as a result of the targeting of those installations by the Islamic Republic of Iran, including an assessment of what host nations are considering as benefits to their long-term security relationship with the United States and concerns regarding any liabilities from hosting those installations.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but shall include a classified annex.
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SA 6252. Mr. SCHATZ 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:
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At the appropriate place in title III, insert the following:
SEC. 3__. 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.
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SA 6253. Mr. SCHATZ 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:
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At the appropriate place in title XII, insert the following:
SEC. 12__. REPORT ON IMPACTS OF SANCTIONS ON MILITARY
CAPABILITIES OF THE ISLAMIC REPUBLIC OF IRAN
AND THE RUSSIAN FEDERATION.
(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination where necessary with the Secretary of State and the Secretary of the Treasury, shall submit to the Committees of Armed Services of the Senate and the House of Representatives a report analyzing the impacts of sanctions imposed by the United States on the armed forces and proxy forces of the Russian Federation and the Islamic Republic of Iran, with special consideration for how such sanctions impacted the readiness of the Islamic Republic of Iran in responding to attacks launched by the United States and Israel during Operation Epic Fury.
(b) Elements.--The report required by subsection (a) shall include an assessment of the following:
(1) How sanctions imposed by the United States have impacted the overall readiness of the armed forces of the Islamic Republic of Iran and the Russian Federation, including how those forces have had to reorganize to address readiness gaps as a result of such sanctions.
(2) The overall health of the domestic defense industrial base in the Islamic Republic of Iran and the Russian Federation as a result of sanctions imposed by the United States between 2018 and January 2026.
(3) Whether the defense industrial bases of the Islamic Republic of Iran and the Russian Federation kept up with the demands of the armed forces of the Islamic Republic of Iran and the Russian Federation, respectively.
(4) Military technology areas in the Islamic Republic of Iran and the Russian Federation that have been stunted or halted as a result of such sanctions.
(5) The impacts of sanctions imposed by the United States on the ability of proxy forces of the Islamic Republic of Iran and the Russian Federation to conduct extraterritorial operations and alternative sources of support that such forces have had to cultivate as a result of such sanctions.
(6) Whether sanctions imposed by the United States have had a meaningful effect in deterring the aggression of the Islamic Republic of Iran and the Russian Federation.
(7) How effective sanctions imposed by the United States were in stunting the ability of the Islamic Republic of Iran to respond militarily to Operation Epic Fury.
(8) Whether the Islamic Republic of Iran was unable to effectively coordinate or marshal resources during Operation Epic Fury as a result of sanctions imposed by the United States.
(9) The effectiveness of sanctions imposed by the United States on the ability of the Islamic Republic of Iran to reconstitute its ballistic missile program after strikes by Israel in June 2025.
(10) Whether sanctions imposed by the United States, in combination with strikes from Operation Epic Fury, will make a meaningful difference to the ability of the Islamic Republic of Iran to reconstitute its ballistic missile program.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
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SA 6254. Ms. HASSAN 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:
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At the end of subtitle D of title X, add the following:
SEC. 1037. INTEGRATED CROSS BORDER AERIAL LAW ENFORCEMENT
OPERATIONS PROGRAM.
(a) Short Title.--This section may be cited as the "Cross Border Aerial Law Enforcement Operations Act".
(b) Authorization.--If authorized pursuant to a bilateral agreement between the United States Government and the Government of Canada, the Secretary of Homeland Security may establish an integrated cross border aerial law enforcement program (referred to in this section as the "Program") along the international border between the United States and Canada, which may be modeled off the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations Between the Government of the United States of America and the Government of Canada, done at Detroit May 26, 2009.
(c) Program Elements.--
(1) Participants.--The Program may be staffed by approved law enforcement officers from--
(A) U.S. Customs and Border Protection;
(B) the United States Coast Guard;
(C) Homeland Security Investigations;
(D) any other Federal law enforcement agency, as appropriate, designated by the Secretary of Homeland Security; and
(E) appropriate law enforcement agencies of the Government of Canada.
(2) Scope.--The jurisdiction of the Program shall be limited to the territory located within 50 miles of either side of the international border between the United States and Canada unless--
(A) a situation within such territory requires an aircraft to leave from or return to an airport, heliport, or base of operations located outside such territory; or
(B) there are exigent circumstances relating to authorized Program activities, as defined in the underlying bilateral agreement, including an emergency on an aircraft or an emergency on the ground.
(3) Civil rights.--The Program shall ensure that the civil rights, civil liberties, and privacy of all individuals within the jurisdiction of the United States are guaranteed in accordance with Federal law.
(4) Notification requirements.--
(A) Bilateral agreement.--Not later than 30 days after receiving a copy of a bilateral agreement described in subsection (a), the Secretary of Homeland Security shall submit a signed copy of such agreement to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives.
(B) Program elements and scope.--Not later than 30 days after the implementation of the Program, the Secretary of Homeland Security shall submit a written description of the elements and scope of the Program to the congressional committees listed under subparagraph (A).
(5) Privacy, civil rights, and civil liberties training.--
(A) In general.--Any agreement described in subsection (a) shall include specific provisions that--
(i) are intended to protect the privacy and civil liberties of United States citizens; and
(ii) ensure that cross border aerial law enforcement operations are conducted in a manner that--
(I) respects individual rights; and (II) complies with applicable United States laws.
(B) Training.--Any officer of the United States or of Canada, before participating in the Program, shall complete sufficient training to ensure they understand their responsibilities to protect the privacy, civil liberties, and civil rights of United States citizens.
(d) Communications.--Each of the agencies referred to in subsection (c)(1) are authorized to establish necessary communication protocols for the safety of cross border aerial law enforcement operations.
(e) Failure To Finalize Program Report.--If the Program is not established on or before the date that is 2 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the congressional committees referred to in subsection (c)(4)(A) that includes--
(1) a description of any unresolved issues that are preventing the establishment of the Program;
(2) any actions that Congress could take to facilitate the establishment of such Program;
(3) any potential concerns relating to civil rights, civil liberties, or privacy that have impacted the establishment of the Program; and
(4) a recommendation regarding whether--
(A) the Secretary should continue trying to establish such Program; or
(B) such Program is not needed.
(f) Unmanned Aircraft System Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit an unclassified report, with a classified annex, if necessary, to the congressional committees referred to in subsection (c)(4)(A) that describes the use of unmanned aircraft systems (referred to in this section as "UAS") along the northern international border of the United States, including--
(1) interagency coordination to mitigate incursions from unauthorized UAS;
(2) any jurisdictional issues that would prevent the mitigation of unauthorized UAS;
(3) the use of UAS by malign actors--
(A) to collect intelligence or surveil law enforcement operations;
(B) to move contraband, persons, or payloads across the international border; or
(C) to conduct espionage;
(4) an assessment of the feasibility for joint, cross-border law enforcement operations involving UAS or counter-unmanned aircraft systems; and
(5) the potential risks to civil rights, civil liberties, and privacy resulting from the Department of Homeland Security operating UAS and counter-unmanned aircraft systems along the northern border of the United States.
(g) No Additional Funds.--No additional funds are authorized to be appropriated for the purpose of carrying out this section.
______
SA 6255. Mr. SCHATZ 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:
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At the appropriate place, insert the following:
SEC. __01. SHORT TITLE.
This title may be cited as the "Rights for the Transportation Security Administration Workforce Act" or the "Rights for the TSA Workforce Act".
SEC. __02. DEFINITIONS.
In this title--
(1) the term "2022 Determination" means the publication, entitled "Determination on Transportation Security Officers and Collective Bargaining", issued on December 30, 2022, by Administrator David P. Pekoske, as modified, or any superseding subsequent determination;
(2) the term "adjusted basic pay" means--
(A) the rate of pay fixed by law or administrative action for a position occupied by a covered employee before any deductions; and
(B) any regular, fixed supplemental payment for non-overtime hours of work creditable as basic pay for retirement purposes, including any applicable locality payment and any special rate supplement;
(3) the term "Administration" means the Transportation Security Administration;
(4) the term "Administrator" means the Administrator of the Administration;
(5) the term "appropriate congressional committees" means--
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
(C) the Committee on Homeland Security of the House of Representatives; and
(D) the Committee on Oversight and Government Reform of the House of Representatives;
(6) the term "conversion date" means the date on which subparagraphs (A) through (F) of section __03(c)(1) take effect;
(7) the term "covered employee" means an employee who occupies a covered position;
(8) the term "covered position" means a position within the Administration;
(9) the term "employee" has the meaning given the term in section 2105 of title 5, United States Code;
(10) the term "screening agent" means a full- or part-time non-supervisory covered employee carrying out screening functions under section 44901 of title 49, United States Code;
(11) the term "Secretary" means the Secretary of Homeland Security; and
(12) the term "TSA personnel management system" means any personnel management system established or modified under--
(A) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or
(B) section 114(n) of title 49, United States Code.
SEC. __03. CONVERSION OF TSA PERSONNEL.
(a) Restrictions on Certain Personnel Authorities.--
(1) In general.--Notwithstanding any other provision of law, effective as of the date of enactment of this Act--
(A) any TSA personnel management system in use for covered employees and covered positions on the day before that date of enactment, and any personnel management policy, letter, guideline, or directive of the Administration in effect on that day, may not be modified;
(B) no personnel management policy, letter, guideline, or directive of the Administration that was not established before that date issued pursuant to section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) or section 114(n) of title 49, United States Code, may be established; and
(C) any authority to establish or adjust a human resources management system under chapter 97 of title 5, United States Code, shall terminate with respect to covered employees and covered positions.
(2) Exceptions.--
(A) Pay.--Notwithstanding paragraph (1)(A), the limitation in that paragraph shall not apply to any personnel management policy, letter, guideline, or directive of the Administration relating to annual adjustments to pay schedules and locality-based comparability payments in order to maintain parity with those adjustments authorized under sections 5303, 5304, 5304a, and 5318 of title 5, United States Code.
(B) Additional policy.--Notwithstanding paragraph (1)(B), new personnel management policy of the Administration may be issued if--
(i) that policy is needed to resolve a matter not specifically addressed in policy in effect on the date of enactment of this Act; and
(ii) the Secretary provides that policy, with an explanation of the necessity of that policy, to the appropriate congressional committees not later than 7 days after the date on which the policy is issued.
(C) Emerging threats to transportation security during transition period.--
(i) In general.--Notwithstanding paragraph (1), any personnel management policy, letter, guideline, or directive of the Administration relating to an emerging threat to transportation security, including national emergencies or disasters and public health
threats to transportation security, may be modified or established until the conversion date.
(ii) Submission to congress.--Not later than 7 days after the date on which any personnel management policy, letter, guideline, or directive of the Administration is modified or established under clause (i), the Secretary shall provide to the appropriate congressional committees that established or modified policy, letter, guideline, or directive, as applicable, which shall contain an explanation of the necessity of that establishment or modification.
(b) Personnel Authorities During Transition Period.--Any TSA personnel management system in use for covered employees and covered positions on the day before the date of enactment of this Act, and any personnel management policy, letter, guideline, or directive of the Administration in effect on the day before the date of enactment of this Act, shall remain in effect until the conversion date.
(c) Transition to Title 5.--
(1) In general.--Except as provided in paragraph (2), effective beginning on a date determined by the Secretary, but in no event later than December 31, 2026--
(A) all TSA personnel management systems shall cease to be in effect;
(B) section 114(n) of title 49, United States Code, is repealed;
(C) section 111(d) of the Aviation and Transportation Security Act (Public Law 107-71; 49 U.S.C. 44935 note) is repealed;
(D) any personnel management policy, letter, guideline, or directive of the Administration, including the 2022 Determination, shall cease to be effective;
(E) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and
(F) covered employees and covered positions shall be subject to the provisions of title 5, United States Code.
(2) Chapters 71 and 77 of title 5.--Not later than 90 days after the date of enactment of this Act--
(A) chapters 71 and 77 of title 5, United States Code, shall apply to covered employees carrying out screening functions pursuant to section 44901 of title 49, United States Code; and
(B) any policy, letter, guideline, or directive issued under section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) relating to matters otherwise covered by chapter 71 or 77 of title 5, United States Code, shall cease to be in effect.
(3) Assistance of other agencies.--Not later than 180 days after the date of enactment of this Act, or December 31, 2026, whichever is earlier--
(A) the Director of the Office of Personnel Management shall establish a position series and classification standard for the positions of Transportation Security Officer, Federal air marshal, Transportation Security Inspector, and other positions requested by the Administrator; and
(B) the National Finance Center of the Department of Agriculture shall make necessary changes to Financial Management Services and Human Resources Management Services to ensure payroll, leave, and other personnel processing systems for covered employees are consistent with chapter 53 of title 5, United States Code, and provide functions as needed to implement this title.
(d) Safeguards on Grievances and Appeals.--
(1) In general.--Each covered employee with a grievance or appeal pending within the Administration on the date of enactment of this Act, or initiated during the 90-day period beginning on the date of enactment of this Act, may have that grievance or appeal removed to proceedings pursuant to title 5, United States Code, or continued within TSA.
(2) Authority.--With respect to any grievance or appeal continued within the Administration under paragraph (1), the Administrator may consider and finally adjudicate that grievance or appeal notwithstanding any other provision of this title.
(3) Preservation of rights.--Notwithstanding any other provision of law, any appeal or grievance continued under this subsection that is not finally adjudicated under paragraph (2) shall be preserved and all timelines tolled until the rights afforded by application of chapters 71 and 77 of title 5, United States Code, are made available under subsection (c)(2).
SEC. __04.
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TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under such pay conversion rules as the Secretary may prescribe to carry out this title, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, under section __03(c)(1)(F)--
(1) may not be subject to any reduction in either the rate of adjusted basic pay payable or law enforcement availability pay payable to that covered employee; and
(2) shall be credited for years of service in a specific pay band under a TSA personnel management system as if the covered employee had served in an equivalent General Schedule position at the same grade, for purposes of determining the appropriate step within a grade at which to establish the converted rate of pay of the covered employee.
(b) Retirement Pay.--
(1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a proposal, including proposed legislative changes if needed, for determining the average pay of any covered employee who retires not later than 3 years after the conversion date for purposes of calculating the retirement annuity of the covered employee.
(2) Requirements.--The proposal required under paragraph (1) shall be structured in a manner that--
(A) is consistent with title 5, United States Code; and
(B) appropriately accounts for the service of a covered employee to which the proposal applies, and the annual rate of basic pay of such a covered employee, following the conversion date.
(c) Limitation on Premium Pay.--
(1) In general.--Notwithstanding section 5547 of title 5, United States Code, or any other provision of law, a Federal air marshal or criminal investigator who is appointed to that position before the date of enactment of this Act may be eligible for premium pay up to the maximum level allowed by the Administrator before the date of enactment of this Act.
(2) OPM recognition.--The Director of the Office of Personnel Management shall recognize premium pay paid pursuant to paragraph (1) as fully creditable for the purposes of calculating pay and retirement benefits.
(d) Preservation of Law Enforcement Availability Pay and Overtime Pay Rates for Federal Air Marshals.--
(1) LEAP.--Section 5545a of title 5, United States Code, is amended--
(A) in subsection (a)(2), in the matter preceding subparagraph (A), by striking "subsection (k)" and inserting "subsection (l)";
(B) by redesignating subsection (k) as subsection (l); and
(C) by inserting after subsection (j) the following:
"(k) The provisions of subsections (a) through (h) providing for availability pay shall apply to any Federal air marshal who is an employee of the Transportation Security Administration.".
(2) Overtime.--Section 5542 of title 5, United States Code, is amended by adding at the end the following:
"(i) Notwithstanding any other provision of law, a Federal air marshal who is an employee of the Transportation Security Administration shall receive overtime pay under this section, at such a rate and in such a manner so that such Federal air marshal does not receive less overtime pay than such Federal air marshal would receive were that Federal air marshal subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207).".
(3) Effective date.--The amendments made by paragraphs (1) and (2) shall apply beginning on the conversion date.
(e) Collective Bargaining Unit.--Notwithstanding section 7112 of title 5, United States Code, following the application of chapter 71 of that title pursuant to section __03(c)(2) of this title, screening agents shall remain eligible to form a collective bargaining unit.
(f) Preservation of Other Rights.--The Secretary shall take any actions necessary to ensure that the following rights are preserved and available for each covered employee beginning on the conversion date, and for any covered employee appointed after the conversion date, and continue to remain available to covered employees after the conversion date:
(1) Any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the covered employee until used, subject to any limitation on accumulated leave under chapter 63 of title 5, United States Code.
(2) Part-time screening agents pay premiums under chapter 89 of title 5, United States Code, on the same basis as full-time covered employees.
(3) Notwithstanding section 6329a of title 5, United States Code, covered employees are provided appropriate leave during national emergencies to assist the covered employees and ensure the Administration meets mission requirements.
(4) Eligible screening agents receive a split-shift differential for regularly scheduled split-shift work as well as regularly scheduled overtime and irregular and occasional split-shift work.
(5) Notwithstanding sections subsections (c), (e), and (f) of section 5754 of title 5, United States Code, eligible covered employees receive group retention incentives, as appropriate.
SEC. __05. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--
(1) In general.--
(A) Application.--Beginning on the date that chapter 71 of title 5, United States Code (referred to in this subsection as "chapter 71"), begins to apply to covered employees under section __03(c)(2), the labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or any successor labor organization, shall be treated as the exclusive representative of screening agents and shall be the exclusive representative for screening agents under chapter 71, with full rights under chapter 71.
(B) Rule of construction.--Nothing in this subsection may be construed to prevent
covered employees from selecting an exclusive representative other than the labor organization described in paragraph (1) for purposes of collective bargaining under chapter 71.
(2) National level.--
(A) In general.--Notwithstanding any provision of chapter 71, collective bargaining for any unit of covered employees shall occur at the national level, but may be supplemented by local level bargaining and local level agreements in furtherance of elements of a national agreement or on issues of any local unit of covered employees not otherwise covered by a national agreement.
(B) Mutual consent required.--Local-level bargaining and local-level agreements described in subparagraph (A) shall occur only by mutual consent of the exclusive representative of screening agents and the Federal Security Director (or a designee of such an official) of those screening agents.
(3) Current agreement.--Any collective bargaining agreement covering such personnel in effect on the date of enactment of this Act shall remain in effect until a collective bargaining agreement is entered into under chapter 71, unless the Administrator and exclusive representative mutually agree to revisions to such an agreement.
(b) Consultation Process.--
(1) In general.--Not later than 7 days after the date of enactment of this Act, the Secretary shall consult with the exclusive representative for the screening agents described in subsection (a)(1) under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion, under this title, of those screening agents.
(2) Written plans.--Before the date that chapter 71 of title 5, United States Code, begins to apply under section __03(c)(2), the Secretary shall provide (in writing) to the exclusive representative described in paragraph (1) the plans for how the Secretary intends to carry out the conversion of covered employees under this title, including with respect to such matters as--
(A) the anticipated conversion date; and
(B) measures to ensure compliance with sections __03 and __04.
(c) Required Agency Response.--If any views or recommendations are presented under subsection (b) by the exclusive representative described in that subsection, the Secretary shall--
(1) consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and
(2) provide the exclusive representative a written statement of the reasons for the final actions to be taken.
SEC. __06. NO RIGHT TO STRIKE.
Nothing in this title may be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or
(B) section 7311 of title 5, United States Code (relating to loyalty and striking); or
(2) to otherwise authorize any activity that is not permitted under a provision of law described in subparagraph (A) or (B) of paragraph (1).
SEC. __07. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND
CHECK REQUIREMENTS.
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a plan to harmonize and update, for the purposes of making appointments and for authorizing or entering into any contract for service, the restrictions under section 70105(c) of title 46, United States Code, (relating to the issuance of transportation security cards) and section 44936 of title 49, United States Code, (relating to employment investigations and restrictions).
SEC. __08.
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COMPTROLLER GENERAL REVIEWS.
(a) Review of Recruitment.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the efforts of the Administration regarding recruitment, including recruitment efforts relating to veterans, the dependents of veterans, members of the Armed Forces, and the dependents of such members.
(2) Recruitment.--The report required under paragraph (1) shall include recommendations regarding how the Administration may improve the recruitment efforts described in that paragraph.
(b) Review of Implementation.--The Comptroller General of the United States shall--
(1) not later than 60 days after the conversion date, commence a review of the implementation of this title; and
(2) not later than 1 year after the conversion date, submit to Congress a report on the review conducted under paragraph (1).
(c) Review of Promotion Policies and Leadership Diversity.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report--
(1) on the efforts of the Administration to ensure that recruitment, appointment, promotion, and advancement opportunities within the Administration are equitable and provide for demographics among senior leadership that are reflective of the workforce demographics of the United States; and
(2) that, to the extent possible, includes--
(A) an overview and analysis of the current (as of the date on which the report is submitted) demographics of the leadership of the Administration; and
(B) as appropriate, recommendations to improve appointment and promotion procedures and diversity in leadership roles, which may include recommendations for how the Administration can better promote from within the Administration and retain and advance covered employees.
(d) Review of Harassment and Assault Policies and Protections.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the efforts of the Administration to ensure the safety of the staff of the Administration with respect to harassment and assault in the workplace, such as incidents--
(A) of sexual harassment and violence and harassment and violence motivated by the perceived race, ethnicity, religion, gender identity, or sexuality of an individual; and
(B) in which the alleged perpetrator is a member of the general public.
(2) Inclusions.--The report required under paragraph (1) shall include--
(A) an overview and analysis of the current (as of the date on which the report is submitted) policies and response procedures of the Administration;
(B) a detailed description of if, when, and how the policies described in subparagraph (A) fail to adequately protect covered employees; and
(C) as appropriate, recommendations for steps the Administration can take to better protect covered employees from harassment and violence in the workplace.
(3) Opportunity for comment.--In conducting the review required under this subsection, the Comptroller General of the United States shall provide opportunities for covered employees of all levels and positions, and labor organizations and associations representing those covered employees, to submit comments, including in an anonymous form, and take those comments into account in the final recommendations of the Comptroller General.
SEC. __09. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) TSA personnel management systems provide insufficient benefits and workplace protections to the workforce that secures the transportation systems of the United States;
(2) covered employees should be provided protections and benefits under title 5, United States Code; and
(3) the provision of the protections and benefits described in paragraph (2) should not result in a reduction of pay or benefits to current covered employees.
SEC. __010. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator shall communicate with organizations representing a significant number of Federal air marshals, to the extent provided by law, to address concerns regarding Federal Air Marshals related to the following:
(1) Mental health.
(2) Suicide rates.
(3) Morale and recruitment.
(4) Equipment and training.
(5) Work schedules and shifts, including mandated periods of rest.
(6) Any other personnel issues the Administrator determines appropriate.
SEC. __011. BRIEFING ON ASSAULTS AND THREATS ON TSA
EMPLOYEES.
Not later than 90 days after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding the following:
(1) Reports to the Administrator of instances of physical or verbal assaults or threats made by members of the general public against screening agents since January 1, 2019.
(2) Procedures for reporting the assaults and threats described in paragraph (1), including information on how the Administrator communicates the availability of those procedures.
(3) Any steps taken by the Administration to prevent and respond to the assaults and threats described in paragraph (1).
(4) Any related civil actions and criminal referrals made annually since January 1, 2019.
(5) Any additional authorities needed by the Administrator to better prevent or respond to the assaults and threats described in paragraph (1).
SEC. __012. ANNUAL REPORTS ON TSA WORKFORCE.
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate congressional committees a report that contains the following:
(1) An analysis of the Federal Employee Viewpoint Survey of the Office of Personnel Management to determine job satisfaction rates of covered employees.
(2) Information relating to retention rates of covered employees at each airport, including transfers, in addition to aggregate retention rates of covered employees across the workforce of the Administration.
(3) Information relating to actions taken by the Administration intended to improve workforce morale and retention.
SEC. __013. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary, to remain
available until expended, to carry out this title and the amendments made by this title.
______
SA 6256. Mr. SCHATZ 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:
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At the appropriate place, insert the following:
SEC. __01. SHORT TITLE.
This title may be cited as the "Federal Employees Civil Relief Act".
SEC. __02. PURPOSE.
The purpose of this title is to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of Federal workers during a shutdown.
SEC. __03. DEFINITIONS.
In this title:
(1) Consumer reporting agency.--The term "consumer reporting agency" has the meaning given the term in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)).
(2) Contractor.--The term "contractor" has the meaning given the term in section 7101 of title 41, United States Code.
(3) Court; judgment; state.--The terms "court", "judgment", and "State" have the meanings given those terms in section 101 of the Servicemembers Civil Relief Act (50 U.S.C. 3911).
(4) Covered period.--The term "covered period" means the period beginning on the date on which a shutdown begins and ending on the date that is 30 days after the date on which that shutdown ends.
(5) Federal worker.--The term "Federal worker"--
(A) means an employee of a Government agency; and
(B) includes an employee of a contractor.
(6) Government agency.--The term "Government agency" means each authority of the executive, legislative, or judicial branch of the Government of the United States.
(7) Shutdown.--The term "shutdown" means any period in which--
(A) there is more than a 24-hour lapse in appropriations for any Government agency or Federal department as a result of a failure to enact a regular appropriations bill or continuing resolution; or
(B) the debt of the United States Government is greater than the statutory limit under section 3101 of title 31, United States Code.
SEC. __04. JURISDICTION.
(a) Jurisdiction.--This title shall apply to--
(1) the United States;
(2) each of the States, including each political subdivision of a State; and
(3) all territory that is subject to the jurisdiction of the United States.
(b) Applicability to Proceedings.--This title--
(1) shall apply to any judicial or administrative proceeding that is commenced in any court or agency in any jurisdiction that is subject to this title; and
(2) shall not apply to criminal proceedings or with respect to child support payments.
(c) Court in Which Application May Be Made.--When, under this title, any application is required to be made to a court in which no proceeding has already been commenced with respect to a matter, that application may be made to any court that would otherwise have jurisdiction over the matter.
(d) Notification.--
(1) In general.--The head of the Government agency that employs a Federal worker, or at which a Federal worker performs services, as applicable, shall provide the Federal worker with written notice regarding the benefits provided under this title--
(A) on the date on which the individual becomes a Federal worker; and
(B) periodically after the date described in subparagraph (A), including on the date on which any shutdown begins.
(2) Legislative and judicial branch.--With respect to a Federal worker in a Government agency in the legislative branch or judicial branch (or, in the case of a Federal worker who is an employee of a contractor, who provides services at a Government agency in the legislative branch or judicial branch), the officer or employee at the Government agency who has the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of the Federal worker shall provide the notice required under paragraph (1).
SEC. __05. ANTICIPATORY RELIEF.
A Federal worker who is furloughed or required to work without pay during a shutdown may apply to a court for a temporary stay, postponement, or suspension with respect to any payment of rent, mortgage, tax, fine, penalty, insurance premium, student loan repayment, or other civil obligation or liability that the Federal worker or individual, as applicable, owes or would owe during the duration of the shutdown.
SEC. __06. EVICTIONS.
(a) Court-Ordered Eviction.--Except by the order of a court, a landlord may not, during a shutdown--
(1) evict a Federal worker from premises that are occupied or intended to be occupied primarily as a residence; or
(2) subject premises described in paragraph (1) to a distress.
(b) Stay of Execution.--
(1) Court authority.--Upon an application for eviction or distress with respect to premises described in subsection (a)(1), a court may, upon motion of the court, and shall, if a request is made by or on behalf of a Federal worker, the ability of whom to pay the rent that is the subject of the action is materially affected by a shutdown--
(A) stay the proceedings for a period of 30 days, unless, in the opinion of the court, justice and equity require a longer or shorter period of time; or
(B) adjust the obligation under the lease to preserve the interests of all parties.
(2) Relief to landlord.--If a court grants a stay under paragraph (1), the court may grant to the landlord (or other person with paramount title) such relief as equity may require.
(c) Misdemeanor.--Except as provided in subsection (a), a person that knowingly takes part in an eviction or distress described in that subsection, or that knowingly attempts to take part in an eviction or distress described in that subsection, shall be fined as provided in title 18, United States Code, or imprisoned for not more than 1 year, or both.
SEC. __07. MORTGAGE PROTECTION AND FORECLOSURES.
(a) Definition.--In this section, the term "covered action" means an action relating to an obligation--
(1) with respect to real or personal property owned by a Federal worker; and
(2) that--
(A) originated before the date on which a shutdown begins;
(B) is in effect on the date on which a shutdown begins; and
(C) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
(b) Stay of Proceedings and Adjustment of Obligation.--If a covered action is filed in a court during a covered period, the court may, after a hearing and upon the motion of the court, and shall, upon application by the Federal worker if the ability of the Federal worker to comply with the covered obligation is materially affected by the shutdown--
(1) stay the proceedings for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
(c) Sale or Foreclosure.--A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) by a Federal worker shall not be valid if made during a covered period except upon the order of a court that is granted before that sale, foreclosure, or seizure, as applicable, with a return made and approved by the court.
(d) Misdemeanor.--A person that knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited under subsection (c), or that knowingly attempts to make or cause to be made a sale, foreclosure, or seizure of property that is prohibited under that subsection, shall be fined as provided in title 18, United States Code, or imprisoned for not more than 1 year, or both.
SEC. __08. LIENS.
(a) Liens.--
(1) Definition.--In this subsection, the term "lien" includes--
(A) a lien--
(i) for storage, repair, or cleaning of the property or effects of a Federal worker; and
(ii) on the property or effects described in clause (i) for any reason other than a reason described in that clause; and
(B) a loan that a Federal worker has obtained with respect to a motor vehicle.
(2) Limitation on foreclosure or enforcement.--A person holding a lien on the property or effects of a Federal worker may not, during a covered period, foreclose on or enforce that lien without the order of a court that was issued before the date on which that foreclosure or enforcement occurs.
(b) Stay of Proceedings.--In a proceeding to foreclose on or enforce a lien that is subject to this section, a court may, upon the motion of the court, and shall, if requested by a Federal worker, the ability of whom to comply with the obligation resulting in the proceeding is materially affected by a shutdown--
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
(c) Misdemeanor.--A person that knowingly takes an action that violates this section, or attempts to take an action that violates this section, shall be fined as provided in title 18, United States Code, or imprisoned for not more than 1 year, or both.
SEC. __09. STUDENT LOANS.
(a) Definition of Student Loan.--In this section, the term "student loan" means the following:
(1) A loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), including any Federal Direct Stafford Loan, Federal Direct Unsubsidized Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Consolidation Loan.
(2) A private education loan, as such term is defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
(b) Application to Student Loans.--This section shall apply to any situation in which--
(1) the student loan payment of a Federal worker falls due or remains unpaid during a shutdown; and
(2) during the shutdown described in paragraph (1), the Federal worker described in that paragraph has been furloughed or required to work without pay.
(c) Deferment Eligibility.--During a covered period, a Federal worker shall be eligible for deferment, during which, with respect to a student loan, periodic installments of principal need not be paid and interest shall not accrue.
(d) Limitation on Defaults.--If the student loan payment of a Federal worker falls due and remains unpaid during a shutdown, the lender with respect to the student loan may not place the loan in default without the order of a court.
(e) Limitation on Collections.--If the student loan of a Federal worker has been placed in default before the date on which a shutdown begins, the lender with respect to the student loan may not, without the order of a court, perform any of the following activities during the covered period with respect to the shutdown:
(1) Send the student loan to collection.
(2) Report adverse information with respect to the Federal worker to a consumer reporting agency.
(3) Garnish wages, tax refunds, or government benefits.
(f) Court Stay.--In a proceeding to collect a student loan payment that is subject to this section, a court may, upon the motion of the court, and shall, if requested by a Federal worker whose ability to comply with the obligation resulting in the proceeding is materially affected by a shutdown--
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
(g) Misdemeanor.--A person that knowingly violates this section, or attempts to violate this section, shall be fined as provided in title 18, United States Code, or imprisoned for not more than 1 year, or both.
SEC. __010.
Text printed in the Record (6,419 characters)
INCOME TAXES.
(a) Deferral of Tax.--Upon notice to the Internal Revenue Service, the collection of Federal income tax on the income of a Federal worker falling due during a shutdown shall be deferred for a period of not more than 90 days after the date on which the shutdown ends if the ability of the Federal worker to pay the income tax is materially affected by the shutdown.
(b) Accrual of Interest or Penalty.--No interest or penalty shall accrue during the period of deferment under subsection (a) by reason of nonpayment on any amount of tax deferred under this section.
(c) Statute of Limitations.--The running of a statute of limitations against the collection of tax deferred under this section, by seizure or otherwise, shall be suspended for the covered period with respect to the shutdown to which the collection applies.
(d) Application Limitation.--This section shall not apply to the tax imposed on employees under section 3101 of the Internal Revenue Code of 1986.
SEC. __011. INSURANCE PROTECTION.
(a) Definition.--In this section, the term "covered insurance policy" means a policy--
(1) for--
(A) health insurance;
(B) life insurance;
(C) disability insurance; or
(D) motor vehicle insurance; and
(2) that--
(A) a Federal worker enters into before the date on which a shutdown begins; and
(B) is in effect during a shutdown.
(b) Insurance Protection.--Without the order of a court, a covered insurance policy shall not lapse or otherwise terminate or be forfeited because a Federal worker does not pay a premium, or interest or indebtedness on a premium, under the policy that is due during a covered period with respect to a shutdown.
SEC. __012. PROTECTION OF RIGHTS.
(a) Exercise of Rights Under Chapter Not To Affect Certain Future Financial Transactions.--An application by a Federal worker for, or the receipt by a Federal worker of, a stay, postponement, or suspension under this title with respect to the payment of a fine, penalty, insurance premium, or other civil obligation or liability of that Federal worker shall not itself (without regard to other considerations) provide the basis for any of the following:
(1) A determination by a lender or other person that the Federal worker is unable to pay the civil obligation or liability, as applicable, in accordance with the terms of the obligation or liability.
(2) With respect to a credit transaction between a creditor and the Federal worker--
(A) a denial or revocation of credit by the creditor;
(B) a change by the creditor in the terms of an existing credit arrangement; or
(C) a refusal by the creditor to grant credit to the Federal worker in substantially the amount or on substantially the terms requested.
(3) An adverse report relating to the creditworthiness of the Federal worker by or to a person engaged in the practice of assembling or evaluating consumer credit information.
(4) A refusal by an insurer to insure the Federal worker.
(5) A change in the terms offered or conditions required for the issuance of insurance.
(b) Reduction or Waiver of Fines or Penalties.--If a Federal worker fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if--
(1) the Federal worker was furloughed or required to work without pay during a shutdown on the date on which the fine or penalty was incurred; and
(2) the ability of the Federal worker to perform the obligation was materially affected by the shutdown described in paragraph (1).
(c) Court Action Upon Material Effect Determination.--If a court determines that a Federal worker is materially affected by a shutdown in complying with a judgment or an order of a court, the court may, upon the motion of the court, and shall, on application by the Federal worker--
(1) stay the execution of any judgment or order entered against the Federal worker; and
(2) vacate or stay an attachment or garnishment of property, money, or debts in the possession of the Federal worker or a third party, whether before or after the entry of a judgment.
(d) Dependents.--Upon application to a court, a dependent of a Federal worker is entitled to the protections under this title if the ability of the dependent to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the impact of a shutdown on the Federal worker.
SEC. __013. ENFORCEMENT.
(a) Civil Action.--The Attorney General may commence a civil action in any appropriate district court of the United States against any person that engages in--
(1) a pattern or practice of violating this title; or
(2) a violation of this title that raises an issue of significant public importance.
(b) Relief.--In a civil action commenced under subsection (a), a court may--
(1) grant any appropriate equitable or declaratory relief with respect to the violation of this title;
(2) award all other appropriate relief, including monetary damages, to any person aggrieved by the violation described in paragraph (1); and
(3) to vindicate the public interest, assess a civil penalty--
(A) in an amount that is not more than $55,000 for a first violation; and
(B) in an amount that is not more than $110,000 for any subsequent violation.
(c) Intervention.--Upon timely application, a person that is aggrieved by a violation of this title with respect to which a civil action is commenced under subsection (a) may--
(1) intervene in the action; and
(2) obtain such appropriate relief as the person could obtain in a civil action under subsection (d) with respect to that violation, along with costs and a reasonable attorney fee.
(d) Private Right of Action.--Any person that, after the date of enactment of this Act, is aggrieved by a violation of this title may, in a civil action--
(1) obtain any appropriate equitable or declaratory relief with respect to the violation; and
(2) recover all other appropriate relief, including monetary damages.
(e) Costs and Attorney Fees.--A court may award to a person aggrieved by a violation of this title that prevails in an action brought under subsection (d) the costs of the action, including a reasonable attorney fee.
(f) No Preemption.--Nothing in this section may be construed to preclude or limit any remedy otherwise available under other law, including consequential and punitive damages.
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SA 6257. Mr. SCHATZ 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:
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At the end of subtitle D of title V, add the following:
SEC. 539F. ADDITIONAL REQUIREMENTS FOR INITIATIVE TO ENHANCE
THE CAPABILITY OF MILITARY CRIMINAL
INVESTIGATIVE ORGANIZATIONS TO PREVENT AND
COMBAT CHILD SEXUAL EXPLOITATION.
(a) Partnerships and Mandatory Training.--Section 550D(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1561 note prec.) is amended--
(1) by amending paragraph (2) to read as follows:
"(2) Partnerships.--The Secretary shall seek to enter into partnership and execute collaborative agreements with functional experts, including highly qualified national child protection organizations or local law enforcement training centers, including those in United States territories and near military installations abroad, with demonstrated expertise in the delivery of law enforcement training, to identify, investigate, and prosecute individuals engaged in online child sexual exploitation."; and
(2) by amending paragraph (3) to read as follows:
"(3) Mandatory training.--The Secretary shall establish mandatory training for criminal investigative organizations of the Department of Defense and other appropriate personnel at military installations within and outside the contiguous United States, including United States territories, to ensure that the capability and capacity to investigate child exploitation is continuously maintained regardless of staff turnover and relocations.".
(b) Overseas Opportunities.--In carrying out the initiative under section 550D of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1561 note prec.), as amended by subsection (a), the Secretary of Defense shall, consistent with current memoranda of understanding, explore opportunities--
(1) in at least three United States territories with military installations; and
(2) in at least two countries with United States military installations.
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SA 6258. Mr. SCHATZ 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:
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At the end of subtitle B of title VIII, add the following:
SEC. 823. PROHIBITION ON PROCUREMENTS PRODUCED BY CHILD
LABOR.
(a) Prohibition on the Availability of Funds for Procurements Produced by Child Labor.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of Defense may be obligated or expended to knowingly procure any products produced or manufactured wholly or in part by oppressive child labor.
(b) Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall issue rules, in consultation with the Department of Labor, to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that oppressive child labor was not or will not be used in the performance of such contract.
(c) Oppressive Child Labor Defined.--In this section, the term "oppressive child labor" has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
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SA 6259. Mr. SCHATZ 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:
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At the end of title XII, add the following:
SEC. 1270A. ANNUAL REPORT ON THE PEOPLE'S REPUBLIC OF CHINA'S
INTERNATIONAL MEDIA ENGAGEMENT STRATEGY.
(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.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that describes developments in the People's Republic of China's international media engagement strategy, including journalist training and support programs.
(c) Elements.--The report required under subsection (b) shall include--
(1) an overview of the People's Republic of China's assistance to foreign media organizations, media-related organizations, foreign journalist training programs, study tours, and exchanges undertaken during the most recent 12-month period, including the PRC-controlled entities involved in such engagements and the regions of focus for such assistance;
(2) an assessment of any shifts in the People's Republic of China's international media engagement strategy during the most recent 12-month period and the impacts of China's engagements on foreign press coverage; and
(3) a description of any media engagement activities or assistance by the United States, its allies, or multilateral organizations in the regions of focus for the People's Republic of China's international media engagement strategy.
(d) Form of Report.--Each report required under this section shall be submitted in unclassified form, but may include a classified annex.
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SA 6260. Mr. SCHATZ 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. COAST GUARD CYBER PROTECTION ENGAGEMENT
REQUIREMENTS FOR INDO-PACIFIC REGION.
Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall issue, for each Coast Guard sector located in the Indo-Pacific region, guidance establishing standardized procedures for scheduling protocols and reporting requirements, which shall include requirements to do the following:
(1) Conduct quarterly cybersecurity threat coordination meetings with the Cybersecurity and Infrastructure Security Agency, the Department of Defense Information Network, the United States Indo-Pacific Command, and relevant State, local, Tribal, and territorial partners.
(2) Not less frequently than once each fiscal year, request support from a Coast Guard Cyber Protection Team for the purpose of cyber readiness assessments, vulnerability evaluations, or incident response preparedness.
(3) Incorporate the findings of such Coast Guard Cyber Protection Team into the annual readiness report submitted to the Area Commander with respect to the sector concerned.
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SA 6261. Mr. SCHATZ 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. STRENGTHENING COAST GUARD CYBERSECURITY
AUTHORITIES.
(a) Maritime Cybersecurity Authorities.--Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
"Sec. 723. Maritime cybersecurity authorities
"(a) Maritime Cyber Threat Information-sharing Authorities.--
"(1) In general.--The Commandant may receive, analyze, and share maritime cybersecurity threat indicators, vulnerabilities, and mitigation information with--
"(A) foreign maritime security partners;
"(B) operators of vessels of the United States (as defined in section 116 of title 46, United States Code);
"(C) port authorities and maritime critical infrastructure operators; and
"(D) multinational maritime security centers or fusion centers.
"(2) Information sharing.--Information sharing under this subsection shall be conducted--
"(A) in a manner that is consistent with the protection of classified information, privacy requirements, and applicable law; and
"(B) in coordination with the Cybersecurity and Infrastructure Security Agency.
"(b) Cyber Investigative Cooperation.--The Commandant, in consultation with the Secretary of State, may enter into bilateral or multilateral arrangements with foreign maritime law enforcement agencies to support investigations of cyber and cyber-enabled maritime crime, including digital forensics cooperation, evidence-sharing arrangements, and coordinated investigative activities, consistent with United States law and international agreements.
"(c) Cyber Protection of Coast Guard Assets Deployed.--The Commandant is authorized to deploy cyber protection teams, cyber-secure communications systems, and defensive cyber capabilities aboard Coast Guard cutters, aircraft, and forward operating sites, including through cooperative arrangements with the Department of Defense.
"(d) Participation in Regional Cybersecurity Frameworks.--The Commandant may participate in regional cybersecurity and maritime security initiatives, working groups, and exercises for the purpose of improving maritime cyber resilience, enhancing interoperability, and strengthening collective cyber-maritime security.
"(e) Cybersecurity Engagement.--Notwithstanding section 710, the Commandant, in consultation with the Secretary of State, may conduct cybersecurity-related engagement, training, technical assistance, and capacity-building activities with foreign maritime agencies and port authorities for the purpose of enhancing maritime cybersecurity, cyber-incident response, and cyber-risk mitigation.".
(b) Cybersecurity of Foreign Ports Critical to United States Supply Chains.--Section 70108 of title 46, United States Code, is amended--
[(1) in subsection (a)(2), by inserting ", including a cybersecurity risk or other cybersecurity vulnerability" after "security risk"; and[SLC Note: The text you put in the edits does not make sense with current law in the place where you indicated to put it. So I have reverted to the previous version of the text,
because I believe you and my colleague Katie had discussed this issue previously.]]
(2) by adding at the end the following:
"(h) Cybersecurity Assessments.--The Commandant of the Coast Guard may--
"(1) conduct cybersecurity-focused assessments of foreign ports that may pose a significant risk to the security or resilience of the maritime transportation system of the United States; and
"(2) may provide technical assistance to such ports to address identified cyber vulnerabilities.".
(c) Annual Report on Maritime Cybersecurity Threats and Coast Guard Capacity.--
(1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on Coast Guard cybersecurity activities.
(2) Elements.--The report required by paragraph (1) shall include the following:
(A) A detailed description of significant maritime cybersecurity threats, trends, and incidents, including threats to ports, shipping companies, maritime logistics networks, and Coast Guard assets.
(B) A summary of Coast Guard cybersecurity enforcement actions, investigations, and compliance activities conducted during the preceding year.
(C) An assessment of Coast Guard workforce capacity, including hiring, retention, training, and workforce development needs related to cybersecurity missions.
(D) An evaluation of coordination with foreign maritime law enforcement agencies, United States allies, and regional cybersecurity frameworks.
(E) Recommendations for additional authorities, resources, or international agreements needed to strengthen maritime cybersecurity.
(3) Form.--Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
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SA 6262. Mr. SCHATZ 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. COAST GUARD INCLUSION IN DEPARTMENT OF DEFENSE
ANNUAL REPORTS ON CHILD EXPLOITATION.
The Commandant of the Coast Guard shall submit to the Secretary of Homeland Security, for submission to the Under Secretary of Defense for Intelligence and Security, all data necessary for inclusion in the annual report of the Department of Defense on child exploitation offenses required by section 550D of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1561 note).
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SA 6263. Mr. SCHATZ 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:
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At the end of subtitle D of title XII, add the following:
SEC. 1252. INITIATIVE FOR ENHANCED COOPERATION WITH JAPAN AND
THE PHILIPPINES.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish an initiative to enhance trilateral cooperation among the United States, Japan, and the Philippines (referred to in this section as the "Initiative").
(b) Elements.--The Initiative shall address the following issues:
(1) Maritime cooperation and information sharing.
(2) Economic security.
(3) Digital, cyber, and technology cooperation.
(4) Humanitarian assistance and disaster relief.
(5) Any other matter the Secretary of State considers appropriate.
(c) Designated Official.--
(1) In general.--The Secretary of State shall designate an employee of the Department of State to be responsible for the Initiative.
(2) Additional roles.--The official designated under paragraph (1) may carry out additional roles within the Department of State.
(d) Trilateral Working Group.--The Secretary of State shall seek to establish, within the United States Embassy in Manila, a trilateral working group to support the Initiative that includes representatives from the Government of the Philippines and the Embassy of Japan in Manila.
(e) Congressional Engagement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall--
(1) notify the appropriate committees of Congress of the official designated under subsection (c)(1); and
(2) make such official available to provide briefings to Congress on plans to enhance trilateral cooperation under the Initiative.
(f) Report.--
(1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with head of any relevant Federal department or agency, shall submit to the appropriate committees of Congress a report that--
(A) details the results of cooperation under the Initiative;
(B) describes trilateral engagements and initiatives; and
(C) explains any barriers to enhanced cooperation.
(2) Form.--Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(g) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
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SA 6264. Mr. SCHATZ 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:
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At the end of subtitle D of title XII, add the following:
SEC. 1252. REPORT ON BENEFITS OF FACT-BASED JOURNALISM IN
INDO-PACIFIC REGION.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report outlining the benefits, to United States defense and security objectives in the Indo-Pacific region, of editorially independent, fact-based journalism in the Indo-Pacific region, including throughout the Pacific Islands.
(b) Elements.--The report required by subsection (a) shall include an assessment of the following:
(1) The benefits to United States defense and security interests of an information environment in the Indo-Pacific region, including the Pacific Islands, that includes fact-based reporting on the malign activities of competitors and adversaries in the region.
(2) The risks to Department of Defense operations and activities of insufficient editorially independent news media in the Indo-Pacific region.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
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SA 6265. Mr. SCHATZ 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:
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At the end of subtitle E of title VIII, add the following:
SEC. 885. CONTRACT TRANSPARENCY FOR PRIVACY.
(a) Contract Disclosures.--The Secretary of Defense shall disclose to Congress any contract terms pertaining to domestic surveillance, tracking, monitoring of United States citizens or nationals, including collection, querying, or data analytics that may be employed in such activities.
(b) Waiver Notifications.--The Secretary of Defense shall notify Congress within 30 days after issuing any waiver or exemption pursuant to a contact term described in subsection (a), including the rationale, description of the waiver scope, and duration.
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SA 6266. Mr. SCHATZ 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:
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At the end of division A, add the following new titles:
SEC. 1701. SHORT TITLE.
This title may be referred to as the "Kids Off Social Media Act".
SEC. 1702. DEFINITIONS.
In this title:
(1) Personalized recommendation system.--The term "personalized recommendation system" means a fully or partially automated system used to suggest, promote, or rank content, including other users or posts, based on the personal data of users.
(2) Child.--The term "child" means an individual under the age of 13.
(3) Commission.--The term "Commission" means the Federal Trade Commission.
(4) Know; knows.--The term "know" or "knows" means to have actual knowledge or knowledge fairly implied on the basis of objective circumstances.
(5) Personal data.--The term "personal data" has the same meaning as the term "personal information" as defined in section 1302 of the Children's Online Privacy Protection Act (15 U.S.C. 6501) .
(6) Social media platform.--
(A) In general.--The term "social media platform" means a public-facing website, online service, online application, or mobile application that--
(i) is directed to consumers;
(ii) collects personal data;
(iii) primarily derives revenue from advertising or the sale of personal data; and
(iv) as its primary function provides a community forum for user-generated content, including messages, videos, and audio files among users where such content is primarily intended for viewing, resharing, or platform-enabled distributed social endorsement or comment.
(B) Limitation.--The term "social media platform" does not include a platform that, as its primary function for consumers, provides or facilitates any of the following:
(i) The purchase and sale of commercial goods.
(ii) Teleconferencing or videoconferencing services that allow reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access.
(iii) Crowd-sourced reference guides such as encyclopedias and dictionaries.
(iv) Cloud storage, file sharing, or file collaboration services, including such services that allow collaborative editing by invited users.
(v) The playing or creation of video games.
(vi) Content that consists primarily of news, sports, sports coverage, entertainment, or other information or content that is not user-generated but is preselected by the platform and for which any chat, comment, or interactive functionality is incidental, directly related to, or dependent on the provision of the content provided by the platform.
(vii) Business, product, or travel information including user reviews or rankings of such businesses, products, or other travel information.
(viii) Educational information, experiences, training, or instruction provided to build knowledge, skills, or a craft, district-sanctioned or school-sanctioned learning management systems and school information systems for the purposes of schools conveying content related to the education of students, or services or services on behalf of or in support of an elementary school or secondary school, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(ix) An email service.
(x) A wireless messaging service, including such a service provided through short message service or multimedia messaging protocols, that is not a component of, or linked to, a social media platform and where the predominant or exclusive function of the messaging service is direct messaging consisting of the transmission of text, photos, or videos that are sent by electronic means, where messages are transmitted from the sender to the recipient and are not posted publicly or within a social media platform.
(xi) A broadband internet access service (as such term is defined for purposes of section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation).
(xii) A virtual private network or similar service that exists solely to route internet traffic between locations.
(7) Teen.--The term "teen" means an individual over the age of 12 and under the age of 17.
(8) User.--The term "user" means, with respect to a social media platform, an individual who registers an account or creates a profile on the social media platform.
SEC. 1703. NO CHILDREN UNDER 13.
(a) No Accounts for Children Under 13.--A social media platform shall not permit an individual to create or maintain an account or profile if it knows that the individual is a child.
(b) Termination of Existing Accounts Belonging to Children.--A social media platform shall terminate any existing account or profile of a user who the social media platform knows is a child.
(c) Deletion of Children's Personal Data.--
(1) In general.--Subject to paragraph (2), upon termination of an existing account or profile of a user pursuant to subsection (b), a social media platform shall immediately delete all personal data collected from the user or submitted by the user to the social media platform.
(2) Children's access to personal data.--To the extent technically feasible and not in violation of any licensing agreement, a social media platform shall allow the user of an existing account or profile that the social media platform has terminated under subsection (b), from the date such termination occurs to the date that is 90 days after such date, to request, and shall provide to such user upon such request, a copy of the personal data collected from the user or submitted by the user to the social media platform both--
(A) in a manner that is readable and which a reasonable person can understand; and
(B) in a portable, structured, and machine-readable format.
(d) Rule of Construction.--Nothing in subsection (c) shall be construed to prohibit a social media platform from retaining a record of the termination of an account or profile and the minimum information necessary for the purposes of ensuring compliance with this section.
SEC. 1704. PROHIBITION ON THE USE OF PERSONALIZED
RECOMMENDATION SYSTEMS ON CHILDREN OR TEENS.
(a) In General.--
(1) Prohibition on use of personalized recommendation systems on children or teens.--Except as provided in paragraph (2), a social media platform shall not use the personal data of a user or visitor in a personalized recommendation system to display content if the platform knows that the user or visitor is a child or teen.
(2) Exception.--A social media platform may use a personalized recommendation system to display content to a child or teen if the system only uses the following personal data of the child or teen:
(A) The type of device used by the child or teen.
(B) The languages used by the child or teen to communicate.
(C) The city or town in which the child or teen is located.
(D) The fact that the individual is a child or teen.
(E) The age of the child or teen.
(b) Rule of Construction.--The prohibition in subsection (a) shall not be construed to--
(1) prevent a social media platform from providing search results to a child or teen deliberately or independently searching for (such as by typing a phrase into a search bar or providing spoken input), or specifically requesting, content, so long as such results are not based on the personal data of the child or teen (except to the extent permitted under subsection (a)(2));
(2) prevent a social media platform from taking reasonable measures to--
(A) block, detect, or prevent the distribution of unlawful or obscene material;
(B) block or filter spam, or protect the security of a platform or service; or
(C) prevent criminal activity; or
(3) prohibit a social media platform from displaying user-generated content that has been selected, followed, or subscribed to by a teen account holder as long as the display of the content is based on a chronological format.
SEC. 1705. DETERMINATION OF WHETHER AN OPERATOR HAS KNOWLEDGE
FAIRLY IMPLIED ON THE BASIS OF OBJECTIVE
CIRCUMSTANCES THAT AN INDIVIDUAL IS A CHILD OR
TEEN.
(a) Rules of Construction.--For purposes of enforcing this title, in making a determination as to whether a social media platform has knowledge fairly implied on the basis of objective circumstances that a user is a child or teen, the Commission or the attorney general of a State, as applicable, shall rely on competent and reliable evidence, taking into account the totality of circumstances, including whether a reasonable and prudent person under the circumstances would have known that the user is a child or teen.
(b) Protections for Privacy.--Nothing in this title, including a determination described in subsection (a), shall be construed to require a social media platform to--
(1) implement an age gating or age verification functionality; or
(2) affirmatively collect any personal data with respect to the age of users that the social media platform is not already collecting in the normal course of business.
(c) Restriction on Use and Retention of Personal Data.--If a social media platform or a third party acting on behalf of a social media platform voluntarily collects personal data for the purpose of complying with this title, the social media platform or a third party shall not--
(1) use any personal data collected specifically for a purpose other than for sole compliance with the obligations under this title; or
(2) retain any personal data collected from a user for longer than is necessary to comply with the obligations under this title or than is minimally necessary to demonstrate compliance with this title.
SEC. 1706. ENFORCEMENT.
(a) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of this title shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title.
(B) Privileges and immunities.--Any person who violates this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C.
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41 et seq.).
(3) Authority preserved.--Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law.
(b) Enforcement by States.--
(1) Authorization.--Subject to paragraph (3), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of a social media platform in a practice that violates this title, the attorney general of the State may, as parens patriae, bring a civil action against the social media platform on behalf of the residents of the State in an appropriate district court of the United States to--
(A) enjoin that practice;
(B) enforce compliance with this title;
(C) on behalf of residents of the States, obtain damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; or
(D) obtain such other relief as the court may consider to be appropriate.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Subject to clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before the filing of the civil action.
(ii) Contents.--The notification required under clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action.
(iii) Exception.--Clause (i) shall not apply with respect to the filing of an action by an attorney general of a State under paragraph (1) if the attorney general of the State determines that it not feasible to provide the notice required in that clause before filing the action.
(B) Intervention by federal trade commission.--Upon receiving notice under subparagraph (A)(i), the Commission shall have the right to intervene in the action that is the subject of the notice.
(3) Effect of intervention.--If the Commission intervenes in an action under paragraph (1), it shall have the right--
(A) to be heard with respect to any matter that arises in that action; and
(B) to file a petition for appeal.
(4) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the production of documentary or other evidence.
(5) Preemptive action by federal trade commission.--In any case in which an action is instituted by or on behalf of the Commission for a violation of this title, no State may, during the pendency of that action, institute a separate civil action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1) may be brought in--
(i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or
(ii) another court of competent jurisdiction.
(B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant--
(i) is an inhabitant; or
(ii) may be found.
SEC. 1707. RELATIONSHIP TO OTHER LAWS.
The provisions of this title shall preempt any State law, rule, or regulation only to the extent that such State law, rule, or regulation conflicts with a provision of this title. Nothing in this title shall be construed to prohibit a State from enacting a law, rule, or regulation that provides greater protection to children or teens than the protection provided by the provisions of this title. Nothing in this title shall be construed to--
(1) affect the application of--
(A) section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the "Family Educational Rights and Privacy Act of 1974") or other Federal or State laws governing student privacy; or
(B) the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) or any rule or regulation promulgated under such Act; or
(2) authorize any action that would conflict with section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
SEC. 1708. EFFECTIVE DATE.
This title shall take effect 1 year after the date of enactment of this title.
SEC. 1709. SEVERABILITY.
If any provision of this title is determined to be unenforceable or invalid, the remaining provisions of this title shall not be affected.
SEC. 1801. SHORT TITLE.
This title may be cited as the "Eyes on the Board Act of 2026".
SEC. 1802. UPDATING THE CHILDREN'S INTERNET PROTECTION ACT TO
INCLUDE SOCIAL MEDIA PLATFORMS.
(a) In General.--Section 1721 of the Children's Internet Protection Act (title XVII of Public Law 106-554) is amended--
(1) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
"(f) Limitation on Use of School Broadband Subsidies for Access to Social Media Platforms.--
"(1) Definitions.--In this subsection:
"(A) Commission.--The term `Commission' means the Federal Communications Commission.
"(B) Section 254(h).--The term `section 254(h)' means section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)).
"(C) Social media platform.--The term `social media platform'--
"(i) means any website, online service, online application, or mobile application that--
"(I) serves the public; and
"(II) primarily provides a forum for users to communicate user-generated content, including messages, videos, images, and audio files, to other online users; and
"(ii) does not include--
"(I) an internet service provider; "(II) electronic mail; "(III) an online service, application, or website--
"(aa) that consists primarily of content that is not user-generated, but is preselected by the provider; and
"(bb) for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of content described in item (aa);
"(IV) an online service, application, or website--
"(aa) that is non-commercial and primarily designed for educational purposes; and
"(bb) the revenue of which is not primarily derived from advertising or the sale of personal data;
"(V) a wireless messaging service, including such a service provided through a short messaging service or multimedia service protocols--
"(aa) that is not a component of, or linked to, a website, online service, online application, or mobile application described in clause (i); and
"(bb) the predominant or exclusive function of which is direct messaging consisting of the transmission of text, photos, or videos that--
"(AA) are sent by electronic means from the sender to a recipient; and
"(BB) are not posted publicly or on a website, online service, online application, or mobile application described in clause (i);
"(VI) a teleconferencing or video conferencing service that allows for the reception and transmission of audio or video signals for real-time communication that is initiated by using a unique link or identifier to facilitate access;
"(VII) a product or service that primarily functions as business-to-business software or a cloud storage, file sharing, or file collaboration service; or
"(VIII) an organization that is not organized to carry on business for the profit of the organization or of the members of the organization.
"(D) Technology protection measure.--The term `technology protection measure' means a specific technology that blocks or filters access to a social media platform.
"(2) Requirements with respect to social media platforms.--
"(A) In general.--
"(i) Certification required.--An elementary or secondary school that is subject to paragraph (5) of section 254(h) may not receive services at discount rates under section 254(h) unless the school, school board, local educational agency, or other authority with responsibility for administration of the school--
"(I) submits to the Commission the certification described in subparagraph (B); and
"(II) ensures that the use of the school's supported services, devices, and networks is in accordance with the certification described in subclause (I).
"(ii) Rule of construction.--Nothing in clause (i) may be construed to prohibit--
"(I) district-sanctioned or school-sanctioned learning management systems and school information systems used for purposes of schools conveying content related to the education of students; or
"(II) a teacher from using a social media platform for educational instruction.
"(B) Certification with respect to students and social media.--
"(i) In general.--A certification under this subparagraph is a certification that the applicable school, school board, local educational agency, or other authority with responsibility for administration of the school--
"(I) is enforcing a policy of preventing students of the school from accessing social media platforms on any supported service, device, or network that includes--
"(aa) monitoring the online activities of any such service, device, or network to determine if those students are accessing social media platforms; and
"(bb) the operation of a technology protection measure with respect to those services, devices, and networks that protects against
access by those students to a social media platform; and
"(II) is enforcing the operation of the technology protection measure described in subclause (I) during any use of supported services, devices, or networks by students of the school.
"(ii) Rule of construction.--Nothing in this subparagraph may be construed to require the applicable school, school board, local educational agency, or other authority to track an individual website, online application, or mobile application that a student is attempting to access (or any search terms used by, or the browsing history of a student) beyond the identity of the website or application and whether access to the website or application is blocked by a technology protection measure because the website or application is a social media platform.
"(C) Timing of implementation.--
"(i) In general.--In the case of a school to which this paragraph applies, the certification under this paragraph shall be made--
"(I) with respect to the first program funding year under section 254(h) after the date of enactment of the Eyes on the Board Act of 2026, not later than 120 days after the beginning of that program funding year; and
"(II) with respect to any subsequent funding year, as part of the application process for that program funding year.
"(ii) Process.--
"(I) Schools with measures in place.--A school covered by clause (i) that has in place measures meeting the requirements necessary for certification under this paragraph shall certify its compliance with this paragraph during each annual program application cycle under section 254(h), except that, with respect to the first program funding year after the date of enactment of the Eyes on the Board Act of 2026, the certification shall be made not later than 120 days after the beginning of that first program funding year.
"(II) Schools without measures in place.--
"(aa) First 2 program years.--A school covered by clause (i) that does not have in place measures meeting the requirements for certification under this paragraph--
"(AA) for the first program year after the date of enactment of the Eyes on the Board Act of 2026 in which the school is applying for funds under section 254(h), shall certify that the school is undertaking such actions, including any necessary procurement procedures, to put in place measures meeting the requirements for certification under this paragraph; and
"(BB) for the second
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program year after the date of enactment of the Eyes on the Board Act of 2026 in which the school is applying for funds under section 254(h), shall certify that the school is in compliance with this paragraph.
"(bb) Subsequent program years.--Any school that is unable to certify compliance with such requirements in such second program year shall be ineligible for services at discount rates or funding in lieu of services at such rates under section 254(h) for such second year and all subsequent program years under section 254(h), until such time as such school comes into compliance with this paragraph.
"(III) Waivers.--Any school subject to subclause (II) that cannot come into compliance with subparagraph (B) in such second program year may seek a waiver of subclause (II)(aa)(BB) if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by such subclause. A school, school board, local educational agency, or other authority with responsibility for administration of the school shall notify the Commission of the applicability of such subclause to the school. Such notice shall certify that the school in question will be brought into compliance before the start of the third program year after the date of enactment of the Eyes on the Board Act of 2026 in which the school is applying for funds under section 254(h).
"(D) Noncompliance.--
"(i) Failure to submit certification.--Any school that knowingly fails to comply with the application guidelines regarding the annual submission of a certification required by this paragraph shall not be eligible for services at discount rates or funding in lieu of services at such rates under section 254(h).
"(ii) Failure to comply with certification.--Any school that knowingly fails to ensure the use of its supported services, devices, and networks is in accordance with a certification under subparagraph (B) shall reimburse any funds and discounts received under section 254(h) for the period covered by such certification.
"(iii) Remedy of noncompliance.--
"(I) Failure to submit.--A school that has failed to submit a certification under clause (i) may remedy the failure by submitting the certification to which the failure relates. Upon submittal of such certification, the school shall be eligible for services at discount rates under section 254(h).
"(II) Failure to comply.--A school that has failed to comply with a certification as described in clause (ii) may remedy the failure by ensuring that the use of its supported services, devices, and networks is in accordance with such certification. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the school shall be eligible for services at discount rates under section 254(h).
"(E) Rule of construction.--Nothing in this paragraph may be construed to consider a school, school board, local educational agency, or other authority with responsibility for the administration of a school in violation of this paragraph, or subject to a delay in the processing of funding applications or requests for reimbursement, if that school, school board, local educational agency, or other authority makes a good faith effort to comply with this paragraph and to correct a known violation of this paragraph within a reasonable period of time.
"(3) Enforcement.--
"(A) In general.--The Commission shall--
"(i) not later than 120 days after the date of enactment of the Eyes on the Board Act of 2026, amend the rules of the Commission to carry out this subsection; and
"(ii) subject to subparagraph (B), enforce this subsection, and any rules issued under this subsection, as if this subsection and those rules were part of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or the rules issued under that Act.
"(B) Limitations.--
"(i) Noncompliance despite good faith efforts.--The Commission may not seek recovery of funding provided under section 254(h), or delay the processing of a funding application, because of the violation by a school, school board, local educational agency, or other authority with responsibility for administration of the school of any requirement of this subsection, or any rule issued under this subsection, if the school, school board, local educational agency, or other authority with responsibility for administration of the school made a good faith effort to comply with that requirement and correct any known violations of that requirement within a reasonable period of time.
"(ii) Noncompliance without good faith efforts.--With respect to any violation of a requirement of this subsection, or any rule issued under this subsection, in which a school, school board, local educational agency, or other authority with responsibility for administration of the school does not make a good faith effort to comply with that requirement, or does not correct any known violation of that requirement within a reasonable period of time, the Commission shall seek recovery of the funding provided to the school under section 254(h) for such period consistent with the remedy established under paragraph (2)(D)(iii).
"(4) Exemption for certain libraries.--Nothing in this subsection may be construed to require a library (as defined in section 213 of the Museum and Library Services Act (20 U.S.C. 9122)), except a library of an elementary or secondary school, to comply with the requirements of this subsection or any rule issued under this subsection.".
(b) Technical and Conforming Amendments.--Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is amended--
(1) in paragraph (5)(E)--
(A) in clause (i), in the matter preceding subclause (I), by striking "1721(h)" and inserting "1721(i)"; and
(B) in clause (ii)(I), by striking "1721(h)" and inserting "1721(i)"; and
(2) in paragraph (6)(E)--
(A) in clause (i), in the matter preceding subclause (I), by striking "1721(h)" and inserting "1721(i)"; and
(B) in clause (ii)(I), by striking "1721(h)" and inserting "1721(i)".
SEC. 1803. INTERNET SAFETY POLICIES.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended--
(1) in subsection (h)(5)--
(A) in subparagraph (A)(i)--
(i) in subclause (I), by inserting "and copies of the Internet safety policy to which each such certification pertains" before the semicolon at the end; and
(ii) in subclause (II)--
(I) by striking "Commission" and all that follows through the end of the subclause and inserting the following: "Commission--
"(aa) a certification that an Internet safety policy described in subclause (I) have been adopted and implemented for the school; and"; and
(II) by adding at the end the following:
"(bb) copies of the Internet safety policy described in item (aa); and"; and
(B) by adding at the end the following:
"(G) Database of internet safety policies.--The Commission shall establish an easily accessible, public database that contains each Internet safety policy submitted to the Commission under subclauses (I) and (II) of subparagraph (A)(i)."; and
(2) in subsection (l), by striking paragraph (3) and inserting the following:
"(3) Availability for review.--A copy of each Internet safety policy adopted by a library under this subsection shall be made available to the Commission, upon request of the Commission, by the library for purposes of the review of the Internet safety policy by the Commission.".
SEC. 1804. SEVERABILITY.
If any provision of this title is determined to be unenforceable or invalid, the remaining provisions of this title shall not be affected.
______
SA 6267. Mr. SCHATZ (for himself and Mr. Curtis) 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:
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At the appropriate place in subtitle G of title X, insert the following:
SEC. ___. AI LABELING.
(a) Required Disclosures for Covered AI-generated Content.--
(1) Requirements for providers of generative artificial intelligence systems that produce covered ai-generated content.--
(A) In general.--Each provider of a generative artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces covered AI-generated content shall do the following:
(i) Labeling.--The provider shall label the covered AI-generated content with a clear and conspicuous disclosure that--
(I) identifies that the output includes covered AI-generated content;
(II) to the extent technically and economically feasible, is accessible to individuals with disabilities; and
(III) is embedded in the content.
(ii) Machine-readable disclosure.--
(I) In general.--The provider shall bind or embed within the covered AI-generated content a machine-readable disclosure that, at a minimum--
(aa) identifies--
(AA) the content that is covered AI-generated content;
(BB) the system and the version used to create or modify the covered AI-generated content;
(CC) the date and time the covered AI-generated content was created or modified; and
(DD) any other relevant information; and
(bb) conforms to or is interoperable with the standards specified by the Commission and the Working Group established under subsection (f).
(II) Clarification.--The disclosure required under subclause (I) shall not be required to include the personally-identifiable information of the user of the generative artificial intelligence system.
(iii) Detection.--The provider shall ensure that a user or covered online platform can detect, without undue financial burden, that the output generated by the provider's generative artificial intelligence system includes covered AI-generated content and view information required under clause (ii) by--
(I) ensuring that the covered AI-generated content is detectable by one or more widely available detection tools and making available to users or covered online platforms clear instructions on how to access and operate such tools; or
(II) if no such detection tool exists, providing to users and covered online platforms access to a tool to enable detection of covered AI-generated content and providing clear instructions on how to access and operate such tool.
(iv) Collaboration with covered online platforms.--The provider shall collaborate with any covered online platform to assist the covered online platform in complying with the obligations described in paragraph (2) with respect to any content created or substantially modified by the generative artificial intelligence system of the provider.
(B) Exemption for internal use.--The requirements of this paragraph shall not apply to covered AI-generated content produced by a provider of a generative artificial intelligence system if the covered AI-generated content--
(i) is generated or used solely for internal research and development purposes; and
(ii) is not intended for public release or commercial deployment.
(2) Covered online platforms.--Each covered online platform shall--
(A) ensure that any covered AI-generated content displayed on the platform that incorporates a machine-readable disclosure described in paragraph (1)(A)(ii) is clearly and conspicuously identified as covered AI-generated content;
(B) not tamper with or remove any such disclosure, including when such covered AI-generated content is transferred to or otherwise shared to another online platform;
(C) provide to any user sharing content the option to make content provenance information specified in paragraph (1)(A)(ii)(I)(aa), as well as any additional user-specified content provenance information, readily available to other users of such platform;
(D) make a good faith effort to combat the liar's dividend by implementing strategies recommended by the Commission; and
(E) to the extent technically and economically feasible, ensure that information contained in the identification described in subparagraph (A) or content provenance information made available under subparagraph (C) is accessible, including to individuals with disabilities.
(3) Artificial intelligence chatbot disclosure.--Each person who, through any means or facility of interstate or foreign commerce, makes available to users an artificial intelligence chatbot shall include a clear and conspicuous disclosure that identifies the system as an artificial intelligence chatbot.
(4) Enforcement by the commission.--
(A) Unfair or deceptive acts or practices.--A violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(B) Powers of the commission.--
(i) In general.--The Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection.
(ii) Privileges and immunities.--Any person who violates this subsection or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(iii) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
(iv) Regulations and guidance.--
(I) Authority to identify exceptions.--The Commission may promulgate regulations in accordance with section 553 of title 5, United States Code, to specify exceptions from the requirements of this subsection, such as for de minimis pieces of content.
(II) Establishment of specified safe harbors.--
(aa) In general.--The Commission may specify interoperable standards that comply with the requirements of this subsection.
(bb) Deemed compliance.--Each person who makes available a generative artificial intelligence system or covered online platform shall be deemed in compliance with the requirements of this subsection by following the standards established by the Commission under item (aa).
(b) Protection of Disclosures.--
(1) Prohibitions.--
(A) Prohibition on fraudulent disclosure.--No person shall knowingly and with the intent or substantial likelihood of deceiving a third party, enable, facilitate, or conceal the circumvention or falsification of a disclosure required under subsection (a), by adding a disclosure, or other information about the provenance of covered AI-generated content, that the person knows to be false.
(B) Prohibition on fraudulent distribution.--No person shall knowingly and for financial benefit, enable, facilitate, or conceal the circumvention or falsification of a disclosure required under subsection (a) by knowingly distributing--
(i) covered AI-generated content that does not include the required disclosure; or
(ii) non-AI-generated content that includes such disclosure.
(C) Prohibition on products and services for circumvention or falsification.--No person shall deliberately manufacture, import, or offer to the public a technology, product, service, device, component, or part thereof that--
(i) is primarily designed or produced and promoted for the purpose of circumventing, removing, or tampering with any disclosure required under subsection (a), or for adding any such disclosure to non-AI-generated content, with the intent or substantial likelihood of deceiving a third party about the provenance of a piece of digital content;
(ii) has only limited commercially significant or expressive purpose or use other than to circumvent, remove, or tamper with a disclosure required under subsection (a), or to add any such disclosure to non-AI-generated content, and is promoted for such purposes; or
(iii) is marketed by such person or another person acting in concert with such person with the person's knowledge for use in circumventing, removing, or tampering with a disclosure required under subsection (a), or for use in adding any such disclosure to non-AI-generated content, with an intent to deceive a third party about the provenance of a piece of digital content.
(2) Exemptions.--
(A) In general.--Nothing in paragraph (1) shall inhibit the ability of any individual to access, read, or review a disclosure or the content provenance or other information contained therein.
(B) Exception for nonprofit libraries, archives, and educational institutions.--
(i) In general.--Except as otherwise provided in this paragraph, paragraph (1) shall not apply to a nonprofit library, archives, or educational institution that generates, distributes, or otherwise handles covered AI-generated content.
(ii) Commercial advantage, financial gain, or tortious conduct.--The exception described in clause (i) shall not apply to a nonprofit library, archive, or educational institution that willfully, for the purpose of commercial advantage, financial gain, or in furtherance of tortious conduct, violates a prohibition described in paragraph (1), except that such nonprofit library, archive, or educational institution shall--
(I) for the first offense, be subject to the civil remedies described in subsection (c); and
(II) for repeated or subsequent offenses, in addition to the civil remedies described in subsection (c), forfeit the exemption provided under clause (i).
(iii) Circumventing technologies.--This subparagraph may not be used as a defense to a claim under subparagraph (C) of paragraph (1), nor may this subparagraph permit a nonprofit library, archive, or educational institution to manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, component, or part thereof, that circumvents a disclosure required under subsection (a).
(iv) Qualifications of libraries and archives.--In order for a library or archive to
qualify for the exemption described in clause (i), the collections of the library or archive shall be--
(I) open to the public; or
(II) available not only to researchers affiliated with the library or archive or with the institution of which it is a part, but also to other persons doing research in a specialized field.
(C) Reverse engineering.--A researcher acting in good faith may circumvent, remove, add, or tamper with a disclosure required under subsection (a) for the purpose of improving or testing the robustness of such disclosures, or for improving or testing the robustness of detection tools.
(D) Law enforcement, intelligence, and other government activities.--The prohibitions described in paragraph (1) shall not prohibit the lawfully authorized investigative, protective, information security, or intelligence activity of an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or a person acting pursuant to a contract with the United States, a State, or a political subdivision of a State
(c) Enforcement by the Attorney General of the United States.--
(1) Civil action.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates subsection (b)(1).
(2) Powers of the court.--In a civil action brought under paragraph (1), the court--
(A) may grant a temporary or permanent injunction on such terms as the court determines reasonable to prevent or restrain a violation of subsection (b)(1), but may not impose a prior restraint on free speech or the press protected under the First Amendment to the Constitution of the United States;
(B) at any time while the civil action is pending, may order the impounding, on such terms as the court determines reasonable, of any device or product that is in the custody or control of the alleged violator
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and that the court has reasonable cause to believe was involved in a violation of subsection (b)(1);
(C) may award damages under paragraph (3);
(D) in its discretion, may allow the recovery of costs against any party other than the United States or an officer thereof; and
(E) may, as part of a final judgment or decree finding a violation of subsection (b)(1), order the remedial modification or the destruction of any device or product involved in the violation that is in the custody or control of the violator or that has been impounded under subparagraph (B) of this paragraph.
(3) Award of damages.--
(A) In general.--Except as otherwise provided in this subsection, a person committing a violation of subsection (b)(1) is liable for statutory damages as provided in subparagraph (B) of this paragraph.
(B) Statutory damages.--
(i) Election of amount based on number of acts of circumvention.--At any time before final judgment is entered in a civil action brought under paragraph (1), the Attorney General may elect to recover an award of statutory damages for each violation of subsection (b)(1) in the sum of not more than $2,500 per act of circumvention, device, product, component, offer, or performance of service, as the court considers just.
(ii) Election of amount; total amount.--At any time before final judgment is entered in a civil action brought under paragraph (1), the Attorney General may elect to recover an award of statutory damages for each violation of subsection (b)(1) in the sum of not more than $25,000.
(C) Repeated violations.--In a civil action brought under paragraph (1), if the Attorney General sustains the burden of proving, and the court finds, that a person has violated subsection (b)(1) within 3 years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just.
(D) Innocent violations.--
(i) In general.--The court, in its discretion, may reduce or remit the total award of damages under subparagraph (B) if the court finds that the violator was not aware and had no reason to believe that the violator's acts constituted a violation.
(ii) Nonprofit libraries, archives, educational institutions, and public broadcasting entities.--In the case of a nonprofit library, archive, educational institution, or public broadcasting entity (as defined in section 118(f) of title 17, United States Code), the court shall remit damages under subparagraph (B) if the library, archive, educational institution, or public broadcasting entity sustains the burden of proving, and the court finds, that the library, archive, educational institution, or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation.
(E) Duplicative awards.--No compensatory damages may be awarded under this subsection if compensatory damages have been awarded under subsection (d) or (e) against the same defendant for the same conduct.
(d) Enforcement by States.--
(1) Civil action.--If the attorney general of a State has reason to believe that an interest of the residents of that State has been or may be adversely affected by a violation of subsection (b)(1), the attorney general of the State may bring a civil action in the name of the State, or as parens patriae on behalf of the residents of the State, in an appropriate district court of the United States.
(2) Relief.--
(A) In general.--In a civil action brought under paragraph (1), the court may award relief in accordance with subsection (c)(3).
(B) Duplicative awards.--No compensatory damages may be awarded under this subsection if compensatory damages have been awarded under subsection (c) or (e) against the same defendant for the same conduct.
(3) Rights of attorney general and commission.--
(A) In general.--Except as provided in subparagraph (D), the attorney general of a State shall notify the Attorney General of the United States and the Commission in writing prior to initiating a civil action under paragraph (1).
(B) Contents.--The notification required by subparagraph (A) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action.
(C) Intervention.--Upon receiving a notification under subparagraph (A), the Attorney General may intervene in the civil action in accordance with paragraph (5).
(D) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by subparagraph (A) before initiating a civil action under paragraph (1), the attorney general of the State shall notify the Attorney General of the United States and the Commission immediately upon instituting the civil action.
(4) Actions by attorney general.--If the Attorney General of the United States institutes a civil action under subsection (c)(1) for a violation of subsection (b)(1), no attorney general of a State may, during the pendency of the civil action, institute a civil action against any defendant named in the complaint in the civil action instituted by the Attorney General of the United States for a violation of subsection (b)(1) that is alleged in the complaint.
(5) Intervention by attorney general.--The Attorney General of the United States may intervene in any civil action brought by the attorney general of a State under paragraph (1) as a matter of right pursuant to the Federal Rules of Civil Procedure, and upon intervening be heard on all matters arising in the civil action and file petitions for appeal of a decision in the civil action.
(6) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the production of documentary or other evidence.
(7) Actions by other state officials.--
(A) In general.--In addition to civil actions brought by an attorney general of a State under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action in the same manner, subject to the same requirements and limitations that apply under this subsection to civil actions brought by an attorney general of a State.
(B) Savings provision.--Nothing in this paragraph may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.
(e) Enforcement by Private Parties.--
(1) Civil action.--A provider of a generative artificial intelligence system or covered online platform who is harmed by a violation of subsection (b)(1) using that system or platform may bring a civil action against the violator in an appropriate district court of the United States.
(2) Relief.--
(A) In general.--In a civil action brought under paragraph (1), the court may award relief in accordance with subsection (c)(3).
(B) Duplicative awards.--No compensatory damages may be awarded under this subsection if compensatory damages have been awarded under subsection (c) or (d) against the same defendant for the same conduct.
(3) Rights of attorney general and commission.--
(A) In general.--The provider of a generative artificial intelligence system or covered online platform shall notify the Attorney General and the Commission in writing prior to initiating a civil action under paragraph (1).
(B) Contents.--The notification required by subparagraph (A) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action.
(C) Intervention.--Upon receiving a notification under subparagraph (A), the Attorney General may intervene in the civil action in accordance with paragraph (5).
(4) Actions by attorney general.--If the Attorney General institutes a civil action under subsection (c)(1) for a violation of subsection (b)(1), no provider of a generative artificial intelligence system or covered online platform may, during the pendency of the civil action, institute a civil action against any defendant named in the complaint in the action instituted by the Attorney General for a violation of subsection (b)(1) that is alleged in the complaint.
(5) Intervention by attorney general.--The Attorney General may intervene in any civil action brought by a provider of a generative artificial intelligence system or covered online platform under paragraph (1) as a
matter of right pursuant to the Federal Rules of Civil Procedure, and upon intervening be heard on all matters arising in the civil action and file petitions for appeal of a decision in the civil action.
(f) AI-generated Content Consumer Transparency Working Group.--
(1) Establishment.--Not later than 90 days after the date of enactment of this subsection, the Director of the National Institute of Standards and Technology (in this subsection referred to as the "Director"), in coordination with the Commission, shall establish the AI-generated content consumer transparency working group (in this subsection referred to as the "Working Group").
(2) Membership.--The Working Group shall include members from the following:
(A) Relevant Federal agencies.
(B) Developers of any generative artificial intelligence system.
(C) Private sector groups engaged in the development of content detection and content provenance standards, audiovisual media formats, and open-source implementation of such standards and formats.
(D) Social media platforms and other covered online platforms.
(E) Academic institutions and other relevant entities.
(F) Privacy advocates and experts.
(G) Media organizations, including news publishers and image providers.
(H) Technical experts in digital forensics, cryptography, content manipulation, digital disability accessibility, and secure digital content and delivery.
(I) User experience designers and consumer behavior experts or consumer psychologists.
(J) Groups or individuals representing victims affected by covered AI-generated content.
(K) Any other entity determined appropriate by the Director or by other relevant Federal agencies.
(3) Coordination and delegation of duties.--The Working Group shall be convened by the Director, who shall delegate leadership on particular duties, or components of such duties, to the National Institute of Standards and Technology and to its existing content provenance workstreams, to the Commission, or to other relevant Federal agencies, as appropriate.
(4) Duties.--The duties of the Working Group shall include the following:
(A) Providing technical standards for identifying and labeling covered AI-generated content, including by considering existing, or developing new, standards that assist with identifying, maintaining, interpreting, and displaying content provenance information, and establishing guidelines and best practices for covered online platforms to implement such standards and the Commission to enforce the provisions of this section.
(B) Considering how to ensure any labels and content provenance information are, to the extent economically and technically feasible--
(i) indelible, tamper-resistant, and tamper-evident to improve accuracy and ease of identification; and
(ii) interoperable across all covered online platforms, widely-used content-creation software applications, and other digital ecosystem considerations that are necessary to maintain disclosure integrity when transferring from one online platform, software application, operating system, or device to another.
(C) Providing the Commission with guidance regarding--
(i) the technical and economic feasibility of the requirements of this section; and
(ii) the detection of covered AI-generated content, including by determining--
(I) reasonable criteria for
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detection accuracy;
(II) what widely available tools, if any, meet the criteria described in subclause (I); and
(III) any additional information that should be included within the machine readable disclosures required by subsection (a)(1)(A)(ii)(I)(aa)(DD).
(D) In order to inform enforcement of this section, providing to the Commission clarifications and examples of digital content (which the Commission shall distribute to covered online platforms or providers of any generative artificial intelligence system) that--
(i) is created or substantially modified by generative artificial intelligence systems;
(ii) has had its meaning materially added, removed, or altered by a generative artificial intelligence system;
(iii) is realistic enough such that a reasonable person would not necessarily assume the content was created or substantially modified by a generative artificial intelligence system; and
(iv) is not considered covered AI-generated content and would not require the disclosures required by subsection (a).
(E) Developing recommendations for content detection and secure content provenance practices for any content that is produced by a generative artificial intelligence system and is not covered under the requirements of this section, including text.
(F) Developing research and evidence regarding--
(i) the impact of covered AI-generated content and required disclosures on consumer behavior; and
(ii) how standards and guidelines can contribute to an information environment that is transparent and not overwhelming for consumers.
(G) Supporting the development of guidelines and best practices to address circumvention techniques and improve the enforcement of the requirements of this section.
(H) Providing the Commission with guidelines and best practices regarding how covered online platforms can combat the liar's dividend, including strategies to help ensure that non-AI-generated content is not falsely labeled as covered AI-generated content.
(5) Standards.--Not later than 1 year after the date on which the Working Group is established under paragraph (1), the Working Group shall publish technical standards, guidelines, and recommendations to implement and enforce the provisions of this Act, taking into account the criteria described in paragraph (4) and the relevant expertise of the members of the Working Group.
(6) Report to congress.--Not later than 180 days after the Working Group publishes the standards under paragraph (5), the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Science, Space, and Technology of the House of Representatives a report that includes recommendations for legislative action.
(7) Sunset.--The working group shall terminate 60 days after the date on which the Director submits the report required by paragraph (6) and may be reconvened periodically at the discretion of the Director or the Commission to consider further developments in relevant technologies and research.
(g) Definitions.--In this section:
(1) Artificial intelligence chatbot.--The term "artificial intelligence chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates textual, audio, or visually-based conversation, including a system that--
(A) through an application programming interface, or similar direct connection, publicly posts digital content or text; or
(B) integrates with a search engine to provide a conversational search experience.
(2) Commission.--The term "Commission" means the Federal Trade Commission.
(3) Content provenance.--The term "content provenance" means--
(A) information about the origin of a piece of content and the history of modifications to the content that is in a format that is compliant with widely adopted guidelines or specifications promulgated by an established standards-setting body; or
(B) data that is embedded into digital content, or that is included in the metadata of the digital content, for the purpose of verifying the authenticity or history of modification of the digital content.
(4) Covered ai-generated content.--The term "covered AI-generated content" means digital content that is created or substantially modified by a generative artificial intelligence system such that--
(A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and
(B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.
(5) Covered online platform.--The term "covered online platform" means any public-facing website or software application available to users that--
(A) predominantly provides a forum for user-to-user sharing or searching of content (including covered AI-generated content), including a social media service, social network, search engine, or content aggregation service available to users; and
(B) either--
(i) at any point during the preceding 12 months, has at least 10,000,000 unique monthly users or subscribers in the United States; or
(ii) during the most recently completed taxable year, had more than $1,500,000,000 gross revenue.
(6) Digital content.--The term "digital content" means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.
(7) Generative artificial intelligence system.--The term "generative artificial intelligence system" means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.
(8) Liar's dividend.--The term "liar's dividend" means, with respect to covered AI-generated content, the benefit that a bad actor may receive or otherwise gain by falsely claiming that non-AI-generated content is covered AI-generated content.
(9) Machine-readable.--The term "machine-readable" has the meaning given such term in section 3502 of title 44, United States Code.
(10) Non-AI-generated content.--The term "non-AI-generated content" means content that was not created or substantially modified by a generative artificial intelligence system.
(11) Open-source.--The term "open-source" means, with respect to software, a software project with source code that is publicly available for anyone to view, modify, and distribute.
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SA 6268. Mr. SCHATZ 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:
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At the end of subtitle D of title XVIII, add the following:
SEC. 2873. PROHIBITION OF REPROGRAMMING OF FUNDS TO PAY FOR
DAMAGES FROM IRANIAN STRIKES WITHOUT EXPLICIT
CONGRESSIONAL APPROVAL; REPORT ON DAMAGES.
(a) In General.--None of the amounts authorized to be appropriated by this Act may be reprogrammed to support reconstruction of facilities or installations of the United States or a partner country damaged by Iranian strikes without the explicit authorization in an Act of Congress.
(b) Report Required.--
(1) In general.--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 report that sets forth a comprehensive assessment of the damage and cost to United States facilities and installations from Iranian strikes during the 2026 conflict with Iran.
(2) Elements.--The report required by paragraph (1) shall include--
(A) the estimated costs to rebuild the facilities and installations described in that paragraph as the facilities and installations were before the conflict with Iran;
(B) an assessment of the need to rebuild those facilities and installations to the same specifications; and
(C) informed by the demonstrated capabilities of Iranian strikes--
(i) an initial determination of the resilience of each such facility and installation; and
(ii) a recommendation with respect to whether the facility or installation should be rebuilt at its existing site, a new location, or not rebuilt.
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SA 6269. Mr. SCHATZ 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:
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At the end of subtitle E of title X, add the following:
SEC. 1050. REPORT ON ENFORCEMENT BY CIVIL-MILITARY
COORDINATION CENTER OF ISRAEL-HAMAS CEASEFIRE.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Commander of the United States Central Command, shall submit to Congress a report that provides an overview and an assessment of the efforts of the Civil-Military Coordination Center (in this section referred to as the "Center") to enforce and monitor ceasefire violations between the Israel Defense Forces and the Islamic Resistance Movement (commonly known as "Hamas") in Gaza.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An overview of the process the Center used to monitor the agreed upon Israel-Hamas ceasefire that went into effect in October 2025.
(2) The number of ceasefire violations the Center registered between the Israel Defense Forces and Hamas.
(3) An assessment of the ability of the Center to intervene to stop ceasefire violations, including the number of ceasefire violations that were averted as a result of intervention by the Center.
(4) An assessment of casualties associated with each ceasefire violation, including who or what was targeted and the resulting damage.
(5) An assessment of the civilian casualties in Gaza impacted by ceasefire violations.
(6) An assessment of how often the demarcated "yellow line" factored into ceasefire violations and resulting casualties.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
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SA 6270. Mr. VAN HOLLEN 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:
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At the end of title X, add the following:
Subtitle H--District of Columbia National Guard Home Rule Act
SEC. 1095. SHORT TITLE.
This subtitle may be cited as the "District of Columbia National Guard Home Rule Act".
SEC. 1096. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR
OF THE DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled "An Act to provide for the organization of the militia of the District of Columbia, and for other purposes", approved March 1, 1889 (sec. 49-409, D.C. Official Code), is amended by striking "President of the United States" and inserting "Mayor of the District of Columbia".
(b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking "President of the United States" each place it appears and inserting "Mayor of the District of Columbia".
(c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended--
(A) by striking "President of the United States" and inserting "Mayor of the District of Columbia"; and
(B) by striking "President." and inserting "Mayor.".
(2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking "President" and inserting "Mayor of the District of Columbia".
(3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking "President of the United States" and inserting "Mayor of the District of Columbia".
(4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended--
(A) in subsection (a), by striking "to the Secretary of the Army" and all that follows through "which board" and inserting "to a board of examination appointed by the Commanding General, which"; and
(B) in subsection (b), by striking "the Secretary of the Army" and all that follows through the period and inserting "the Mayor of the District of Columbia, together with any recommendations of the Commanding General.".
(5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended--
(A) by striking "President of the United States" each place it appears and inserting "Mayor of the District of Columbia"; and
(B) by striking "the President may retire" and inserting "the Mayor may retire".
(d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ", or for the United States Marshal" and all that follows through "shall thereupon order" and inserting "to order".
(2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking "the President" and inserting "the Mayor of the District of Columbia".
(e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking "the President of the United States" and inserting "the Mayor of the District of Columbia".
SEC. 1097. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES
CODE.
(a) Failure To Satisfactorily Perform Prescribed Training.--Section 10148(b) of title 10, United States Code, is amended by striking "the commanding general of the District of Columbia National Guard" and inserting "the Mayor of the District of Columbia".
(b) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking "the commanding general of the District of Columbia National Guard" and inserting "the Mayor of the District of Columbia".
(c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking "the commanding general of the District of Columbia National Guard" and inserting "the Mayor of the District of Columbia".
(d) Other Senior National Guard Bureau Officers.--Section 10506(a)(1) of such title is amended by striking "the commanding general of the District of Columbia National Guard" both places it appears and inserting "the Mayor of the District of Columbia".
(e) Consent for Active Duty or Relocation.--(1) Section 12301 of such title is amended--
(A) in subsection (b), by striking "commanding general of the District of Columbia National Guard" in the second sentence and inserting "Mayor of the District of Columbia"; and
(B) in subsection (d), by striking the period at the end and inserting the following: ", or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia.".
(2) Section 12406 of such title is amended by striking "the commanding general of the National Guard of the District of Columbia" and inserting "the Mayor of the District of Columbia".
(f) Consent for Relocation of Units.--Section 18238 of such title is amended by striking "the commanding general of the National Guard of the District of Columbia" and inserting "the Mayor of the District of Columbia".
SEC. 1098. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES
CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking "(or commanding general in the case of the District of Columbia)".
(b) Drug Interdiction and Counter-Drug Activities.--Section 112(h)(2) of such title is amended by striking "the Commanding General of the National Guard of the District of Columbia" and inserting "the Mayor of the District of Columbia".
(c) Additional Assistance.--Section 113 of such title is amended by adding at the end the following new subsection:
"(e) Inclusion of District of Columbia.--In this section, the term `State' includes the District of Columbia.".
(d) Appointment of Adjutant General.--Section 314 of such title is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and
(3) in subsection (b) (as so redesignated), by striking "the commanding general of the District of Columbia National Guard" in the first sentence and inserting "the Mayor of the District of Columbia".
(e) Relief From National Guard Duty.--Section 325 of such title is amended--
(1) in subsection (a)(2)(B), by striking "the commanding general of the District of Columbia National Guard" and inserting "the Mayor of the District of Columbia"; and
(2) in subsection (b), by striking "the commanding general of the District of Columbia National Guard" and inserting "the Mayor of the District of Columbia".
(f) Authority To Order To Perform Active Guard and Reserve Duty.--
(1) Authority.--Subsection (a) of section 328 of such title is amended by striking "the commanding general of the District of Columbia National Guard" and inserting "the Mayor of the District of Columbia".
(2) Clerical amendments.--
(A) Section heading.--The heading of such section is amended to read as follows:
"Sec. 328. Active Guard and Reserve duty: authority of chief
executive".
(B) Table of sections.--The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 328 and inserting the following new item:
"328. Active Guard and Reserve duty: authority of chief executive.". (g) Personnel Matters.--Section 505 of such title is amended by striking "the commanding general of the National Guard of the District of Columbia" in the first sentence and inserting "the Mayor of the District of Columbia". (h) National Guard Challenge Program.--Section 509 of such title is amended--(1) in subsection (c)(1), by striking "the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general" and inserting "the Mayor of the District of Columbia, under which the Governor or the Mayor"; (2) in subsection (g)(2), by striking "the commanding general of the District of Columbia National Guard" and inserting "the Mayor of the District of Columbia"; (3) in subsection (j), by striking "the commanding general of the District of Columbia National Guard" and inserting "the Mayor of the District of Columbia"; and (4) in subsection (k), by striking "the commanding general of the District of Columbia National Guard" in the second sentence and inserting "the Mayor of the District of Columbia". (i) Issuance of Supplies.--Section 702(a) of such title is amended by striking "the commanding general of the National Guard of the District of Columbia" and inserting "the Mayor of the District of Columbia". (j) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking "the commanding general of the National Guard of the District of Columbia" and inserting "the Mayor of the District of Columbia".
SEC. 1099. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA
HOME RULE ACT.
Section 602(b) of the District of Columbia Home Rule Act (sec. 1-206.02(b), D.C. Official Code) is amended by striking "the National Guard of the District of Columbia,".
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SA 6271. Mr. VAN HOLLEN 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:
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At the end of subtitle B of title V, add the following:
SEC. 515. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE
OFFICER FOR CERTAIN FULL-TIME NATIONAL GUARD
DUTY PERFORMED IN A STATE, TERRITORY, OR THE
DISTRICT OF COLUMBIA.
Subsection (f) of section 502 of title 32, United States Code, is amended--
(1) in paragraph (1), by striking "Under" and inserting "Subject to paragraph (2) and under"; and
(2) in paragraph (2), by amending subparagraph (A) to read as follows:
"(A) Support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense, with the consent of--
"(i) the chief executive officer of each State (as that term is defined in section 901 of this title) in which such operations or missions shall take place; and
"(ii) if such operations or missions shall take place in the District of Columbia, the Mayor of the District of Columbia.".
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SA 6272. Mr. VAN HOLLEN (for himself, Mr. McConnell, and Mr. Merkley) 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:
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At the end of title XII, add the following:
Subtitle F--Bringing Real Accountability Via Enforcement in Burma Act
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SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Bringing Real Accountability Via Enforcement in Burma Act" or the "BRAVE Burma Act".
SEC. 1282. EXTENSION OF SUNSET.
Section 5574(a) of the Burma Unified through Rigorous Military Accountability Act of 2022 (subtitle E of title LV of division E of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023; 22 U.S.C. 10225) is amended by striking "8 years" and inserting "10 years".
SEC. 1283. MODIFICATIONS TO REPORTING REQUIREMENT.
Section 5571(e) of the Burma Unified through Rigorous Military Accountability Act of 2022 (22 U.S.C. 10222(e)) is amended to read as follows:
"(e) Assessment and Report on Sanctions With Respect to Burmese Persons.--
"(1) In general.--Not later than 180 days after the date of the enactment of the Bringing Real Accountability Via Enforcement in Burma Act, and annually thereafter for 7 years, the President shall determine whether the following persons meet the criteria for sanctions described under subsection (a) or under Executive Order 14014 (86 Fed. Reg. 9429; relating to blocking property with respect to the situation in Burma):
"(A) Any Burmese state-owned enterprise described in subsection (c)(2).
"(B) Myanma Economic Bank.
"(C) Any foreign person that the President determines operates in the jet fuel sector of the Burmese economy, including through activities such as the provision of financial services or the importation, exportation, reexportation, sale, supply, trade, storage, or transport, directly or indirectly, of jet fuel in Burma.
"(2) Report required.--Upon making the determination required by paragraph (1), the President shall submit to the appropriate congressional committees a report on the assessment.
"(3) Form of report.--The report required by paragraph (2) shall be submitted in unclassified form but may include a classified annex.".
SEC. 1284. LIMITATION OF SHAREHOLDING BENEFITTING THE STATE
SECURITY AND PEACE COMMISSION.
(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States, when assessing potential changes to any shareholding formula in connection with a governance review of the Fund, to limit, as appropriate, an increase to the shareholding of Burma if the country is subject to the rule of the State Security and Peace Commission or any successor governing authority.
(b) Waiver.--The President of the United States may waive the application of subsection (a) upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver is important to the national interest of the United States, with a detailed explanation of the reasons therefor.
SEC. 1285. UNITED STATES SPECIAL ENVOY FOR BURMA.
(a) In General.--The Secretary of State shall appoint a Special Envoy for Burma, who shall--
(1) have the rank and status of ambassador; and
(2) be responsible for coordinating all aspects of United States policy with respect to Burma.
(b) Qualifications.--The Secretary--
(1) shall appoint the Special Envoy from among recognized experts in matters relating to Burma; and
(2) may appoint a Foreign Service Officer as the Special Envoy.
(c) Central Objective.--The Special Envoy should develop a comprehensive strategy for the implementation of the full range of United States diplomatic capabilities to promote the restoration of peace and a civilian-led democratic government in Burma.
(d) Duties and Responsibilities.--The Special Envoy shall also--
(1) coordinate the sanctions policies of the United States under the Burma Unified through Rigorous Military Accountability Act of 2022 (22 U.S.C. 10201 et seq.) and other relevant statutory authorities across relevant Federal departments and agencies;
(2) develop and implement a comprehensive international effort to impose and enforce multilateral sanctions with respect to Burma;
(3) lead interagency United States Government efforts, including efforts of the Chief of Mission in Burma, the Ambassador to ASEAN, the Ambassador to Bangladesh, the Ambassador to India, and the United States Permanent Representative to the United Nations, relating to--
(A) identifying opportunities to coordinate with and exert pressure on the governments of the People's Republic of China and the
Russian Federation to cease or curtail support for the Burmese military;
(B) working with like-minded partners to impose a coordinated arms embargo on the Burmese military and targeted sanctions on the economic interests of the Burmese military, including through the introduction and adoption of a United Nations Security Council resolution;
(C) engaging Burmese civil society, democracy advocates, ethnic nationality representative groups, and organizations or groups representing the resistance and revolutionary movement, as well as officials elected in 2020 such as the Committee Representing the Pyidaungsu Hluttaw, the National Unity Government, the National Unity Consultative Council, the Ethnic Resistance Revolutionary Organizations, and their designated representatives;
(D) encouraging the United Nations Independent Investigative Mechanism for Myanmar to incorporate accountability mechanisms in relation to the atrocities against Rohingya and other ethnic groups, to take further steps to make its leadership and membership ethnically diverse, and to incorporate measures to enhance ethnic reconciliation and national unity into its policy agenda;
(E) assisting efforts by the relevant United Nations Special Procedures to secure the release of all political prisoners in Burma, promote respect for human rights, seek accountability, and encourage dialogue;
(F) working with the governments of India, Bangladesh, and other countries as appropriate to address challenges in Western Burma, including issues related to atrocity crimes, refugees and displaced persons, cross-border humanitarian assistance and trade, trafficking in persons, illicit trafficking of narcotics and weapons, or other transnational threats to regional peace and security; and
(G) supporting nongovernmental organizations operating in Burma and neighboring countries working to restore civilian democratic rule to Burma, address the urgent humanitarian needs of the people of Burma, and build resilience against malign foreign influence in support of the military regime;
(4) support protection, humanitarian assistance, and accountability efforts for ethnic minorities in Burma and the surrounding region;
(5) coordinate all streams of United States assistance to the people of Burma until such time as the United States normalizes diplomatic relations with Burma;
(6) provide timely input for reporting on the impacts of the implementation of the Burma Unified through Rigorous Military Accountability Act of 2022 on the Burmese military and the people of Burma; and
(7) report to and coordinate with Congress.
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SA 6273. Mr. VAN HOLLEN (for himself and Mr. Curtis) 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:
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At the end of title XII, add the following:
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Taiwan Allies Fund Act".
SEC. 1282. 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.
(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. 1283. 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. 1284. 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 2026, 2027, and 2028, 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 of the Senate; and
(2) the Committee on Foreign Affairs of the House of Representatives.
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SA 6274. Ms. BALDWIN 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:
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At the end of subtitle C of title VIII, add the following:
SEC. 850. ENHANCED DOMESTIC MANUFACTURE CONTENT REQUIREMENTS
FOR MAJOR SHIPBUILDING PROGRAMS.
Section 835(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31; 10 U.S.C. 4201 note prec.) is amended--
(1) in paragraph (4)(B), by striking "shall not" and inserting "except as provided in paragraph (5), shall not"; and
(2) by adding at the end the following new paragraph:
"(5) Exclusion for shipbuilding programs.--Paragraph (4)(B) shall not apply to manufactured articles procured in connection with a ship building program.".
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SA 6275. Ms. ALSOBROOKS 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:
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At the appropriate place in title II, insert the following:
SEC. ___. MODERNIZATION OF RESILIENT SATELLITE COMMUNICATIONS
GATEWAY ARCHITECTURE.
(a) Program Required.--The Secretary of the Army shall, acting through the Combat Capabilities Development Command C5ISR Center, carry out a program to develop, demonstrate, and transition to operational use of a resilient, virtualized satellite communications gateway capability. In carrying out the program, the Secretary shall--
(1) demonstrate cloud-hosted satellite communications gateway operations capable of restoring service to deployed forces within hours of the loss or degradation of a fixed gateway;
(2) develop a deployable, government-owned gateway appliance providing equivalent virtualized capability for disconnected, classified, or contested environments in which commercial cloud connectivity is not available;
(3) demonstrate the carriage of live operational traffic at a regional hub node, including seamless handover between the virtualized capability and legacy gateway infrastructure;
(4) ensure that the resulting capability operates alongside, and does not require the wholesale replacement of, existing gateway equipment; and
(5) develop and demonstrate a deployable satellite communications teleport solution that uses digital intermediate frequency in combination with cloud-hosted satellite communications services to replace reliance on expensive, difficult-to-replace large-aperture antennas with a distributed architecture of multiple smaller antennas, each not greater than five meters in diameter, capable of being rapidly deployed, reconfigured, and restored following loss or degradation of a fixed teleport site.
(b) Milestone.--The Secretary of the Army shall structure the program required by subsection (a) to achieve a demonstrated operational capability carrying live Department of Defense traffic not later than September 30, 2027.
(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the plan of the Secretary to carry out the program required by subsection (b), including a description of milestones, anticipated transition partners, and the resources required within amounts authorized to be appropriated by this Act.
(d) Funding.--The Secretary shall carry out the program required under subsection (b) using amounts authorized to be appropriated for the Network C3I Advanced Technology Program.
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SA 6276. 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:
Text printed in the Record (2,239 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1271. WAR POWERS RESOLUTION AMENDMENTS.
(a) Meaning of Introduction of United States Armed Forces Into Hostilities for Purposes of the War Powers Resolution.--Section 4 of the War Powers Resolution (50 U.S.C. 1543) is amended by adding at the end the following new subsection:
"(d) Rule of Construction Regarding Introduction Into Hostilities.--For purposes of subsection (a), the phrase `United States Armed Forces are introduced into hostilities' shall be construed to include any use of lethal or potentially lethal force by or against United States Armed Forces, whether or not constituting self-defense measures by the United States Armed Forces, and irrespective of the domain, whether such force is deployed by or against United States Armed Forces using remotely launched, piloted, or directed attacks, or the intermittency thereof.".
(b) Modification of Timelines Applicable to Removal of United States Armed Forces for Purposes of the War Powers Resolution.--Section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)) is amended--
(1) by striking "Within sixty calendar days" and inserting "Within ten calendar days";
(2) by striking "extended by law such sixty-day period" and inserting "extended by law such ten-day period"; and
(3) by striking "Such sixty-day period shall be extended for not more than an additional thirty days" and inserting "Such ten-day period shall be extended for not more than an additional ten days".
(c) Modification of Reporting Requirement To Include Legal Justification.--Section 4(a) of the War Powers Act (50 U.S.C. 1543(a)) is amended--
(1) in subparagraph (B), by striking "; and" and inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(D) any legal opinion, memorandum, or analysis provided to any other office or agency, or person in any other office or agency, in the Executive Branch, including any office in the Department of Justice, the National Security Council, the White House, or the Executive Office of the President, relating to the introduction of United States Armed Forces.".
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SA 6277. 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. MODIFICATION OF TIMELINES APPLICABLE TO REMOVAL OF
UNITED STATES ARMED FORCES FOR PURPOSES OF THE
WAR POWERS RESOLUTION.
Section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)) is amended--
(1) by striking "Within sixty calendar days" and inserting "Within ten calendar days";
(2) by striking "extended by law such sixty-day period" and inserting "extended by law such ten-day period"; and
(3) by striking "Such sixty-day period shall be extended for not more than an additional thirty days" and inserting "Such ten-day period shall be extended for not more than an additional ten days".
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SA 6278. 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:
Text printed in the Record (815 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1271. MODIFICATION OF WAR POWERS RESOLUTION REPORTING
REQUIREMENT TO INCLUDE LEGAL JUSTIFICATION.
Section 4(a) of the War Powers Act (50 U.S.C. 1543(a)) is amended--
(1) in subparagraph (B), by striking "; and" and inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(D) any legal opinion, memorandum, or analysis provided to any other office or agency, or person in any other office or agency, in the Executive Branch, including any office in the Department of Justice, the National Security Council, the White House, or the Executive Office of the President, relating to the introduction of United States Armed Forces.".
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SA 6279. Mr. HUSTED 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:
Text printed in the Record (5,512 characters)
At the end of subtitle G of title X, insert the following:
SEC. 1094. APPOINTMENT OF HIGHLY QUALIFIED EXPERTS TO BUREAU
OF INDUSTRY AND SECURITY.
(a) In General.--The Under Secretary of Commerce for Industry and Security, in order to attract to the Bureau of Industry and Security highly qualified experts in needed occupations (as determined by the Under Secretary), may--
(1) conduct an annual study to identify specific gaps in expertise at the Bureau that have been difficult to fill through the civil service and constrain the Bureau's ability to effectively fulfil the Bureau's mandate;
(2) notwithstanding any provision of section 3304 or sections 3309 through 3318 of title 5, United States Code, appoint personnel from outside the civil service (as defined in section 2101 of title 5, United States Code) that have the expertise identified pursuant to paragraph (1), including individuals with previous experience in the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), to positions in the Bureau; and
(3) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (2) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code, as increased by locality-based comparability payments under section 5304 of that title, notwithstanding any provision of that title governing the rates of pay or classification of employees in the executive branch.
(b) Limitation on Term of Appointment.--
(1) In general.--Except as provided in paragraph (2), the service of an employee under an appointment made pursuant to subsection (a) may not exceed 5 years.
(2) Extensions.--The Under Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by not more than one additional year if the Under Secretary determines that such action is necessary to promote the national security or foreign policy of the United States.
(c) Limitation on Total Annual Compensation.--Notwithstanding any other provision of this section or of section 5307 of title 5, United States Code, no additional payments may be paid to an employee appointed under subsection (a) in any calendar year if, or to the extent that, the total annual compensation of the employee will exceed the maximum amount of total annual compensation payable to the Vice President under section 104 of title 3, United States Code.
(d) Limitation on Number of Employees.--The number of employees appointed and retained by the Under Secretary under subsection (a) shall not exceed 25 at any time.
(e) Report Required.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Under Secretary shall submit to the committees specified in paragraph (2) a report that includes--
(A) a list of areas in which the Under Secretary has identified specific gaps in expertise pursuant to subsection (a)(1);
(B) a description of the steps taken by the Under Secretary to appoint personnel with expertise in such areas from within the civil service during the period specified in paragraph (3);
(C) the number of individuals appointed to the Bureau of Industry and Security under the authority provided by this section during the period specified in paragraph (3);
(D) a description of the qualifications of such individuals and their responsibilities during that period; and
(E) a description of the impact of such individuals on carrying out the mission of the Bureau of Industry and Security.
(2) Committees specified.--The committees specified in this paragraph are--
(A) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(B) the Committee on Oversight and Government Reform of the House of Representatives; and
(C) the Committee on Foreign Affairs of the House of Representatives.
(3) Period specified.--The period specified in this paragraph is--
(A) in the case of the first report required by paragraph (1), the 180-day period preceding submission of the report; and
(B) in the case of any subsequent report required by paragraph (1), the one-year period preceding submission of the report.
(f) Rule of Construction.--Nothing in this section shall be construed to waive any requirement regarding--
(1) background investigations or qualifications of applicants to positions with the Bureau of Industry and Security; or
(2) compliance with applicable Federal ethics and conflict-of-interest laws.
(g) Termination.--
(1) In general.--The authority provided by this section shall cease to be effective on the date that is 5 years after the date of the enactment of this section.
(2) Savings provisions.--In the case of an employee who, on the day before the termination date under paragraph (1), is serving in a position pursuant to an appointment under subsection (a)--
(A) the termination of the authority does not terminate the employee's employment in that position before the expiration of the lesser of--
(i) the period for which the employee was appointed; or
(ii) the period to which the employee's service is limited under subsection (b), including any extension made under paragraph (2) of that subsection before the termination of the authority; and
(B) the rate of basic pay prescribed for the position may not be reduced as long as the employee continues to serve in the position without a break in service.
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SA 6280. Mr. HUSTED 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:
Text printed in the Record (2,410 characters)
At the end of subtitle G of title X add the following:
SEC. 1094. LEASE BY NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION OF REAL PROPERTY TO OHIO
AEROSPACE INSTITUTE.
(a) Lease Authority.--
(1) In general.--The Administrator of the National Aeronautics and Space Administration may, without regard to section 1302 of title 40, United States Code, or section 20145 of title 51, United States Code, and on such terms as the Administrator determines appropriate, lease, for a term not to exceed 99 years, real property located at the Glenn Research Center in Ohio to the Ohio Aerospace Institute for the purpose of the operation or construction on that property of facilities of the Ohio Aerospace Institute the purposes of which include--
(A) conduct of aeronautical and space research;
(B) education and training of aeronautical and space engineers;
(C) protection of national security; and
(D) transfer of aeronautical and space technology between the United States public and private sectors.
(2) Renewal.--A lease entered into under paragraph (1) shall be renewable for additional periods in the discretion of the Administrator.
(b) Additional Agreements.--Subject to the availability of appropriations, the Administrator may enter into agreements, on such terms as the Administrator determines appropriate, with the Ohio Aerospace Institute pursuant to which the Administration may directly--
(1) lease any owned or operated facilities of the Ohio Aerospace Institute;
(2) provide administrative, maintenance, instructional, infrastructure, or other appropriate support, with or without reimbursement, to the Ohio Aerospace Institute; and
(3) procure services from the Ohio Aerospace Institute the purposes of which include--
(A) conduct of aeronautical and space research;
(B) education and training of aeronautical and space engineers;
(C) protection of national security; and
(D) transfer of aeronautical and space technology between the United States public and private sectors.
(c) Redelegation Authority.--The Administrator may redelegate the authority under subsections (a) and (b) to such subordinate officers and employees of the National Aeronautics and Space Administration as the Administrator may designate.
(d) References.--All references to the Ohio Aerospace Institute in subsections (a) and (b) include the successors and assigns of the Ohio Aerospace Institute.
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SA 6281. Mr. HUSTED 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:
Text printed in the Record (1,962 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. LEASE BY NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION OF REAL PROPERTY TO OHIO
AEROSPACE INSTITUTE.
Section 216 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (Public Law 100-685; 102 Stat. 4094) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking "section 321 of the Act of June 30,1932 (40 U.S.C. 303b)" and inserting "section 1302 of title 40, United States Code, or section 20145 of title 51, United States Code";
(B) by striking "the Lewis Research Center" and all that follows through "for the purpose" and inserting "the Glenn Research Center in Ohio to the Ohio Aerospace Institute for the purpose";
(C) by striking "an Institute" and inserting "the Ohio Aerospace Institute"; and
(D) by inserting "protection of national security," after "space engineers,";
(2) in subsection (b)--
(A) by inserting "directly contract for services for aeronautical and space research, the education and training of aeronautical and space engineers, the protection of national security, and the transfer of aeronautical and space technology between the United States public and private sectors and" after "Subject to the availability of appropriations therefor, the Administrator may";
(B) by striking "State of Ohio" and all that follows through "pursuant to which" and inserting "Ohio Aerospace Institute, pursuant to which";
(C) by inserting "lease or lease back any owned or operated facilities of the Ohio Aerospace Institute," after "Administration may";
(D) by striking "an Institute" and inserting "the Ohio Aerospace Institute"; and
(E) by inserting "protection of national security," after "space engineers,"; and
(3) by adding at the end the following:
"(d) All references to the Ohio Aerospace Institute in subsections (a) and (b) include the successors and assigns of the Ohio Aerospace Institute.".
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SA 6282. Mr. HUSTED 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:
Text printed in the Record (1,561 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. LEASE BY NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION OF REAL PROPERTY TO OHIO
AEROSPACE INSTITUTE.
Section 216 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (Public Law 100-685; 102 Stat. 4094) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking "section 321 of the Act of June 30,1932 (40 U.S.C. 303b)" and inserting "section 1302 of title 40, United States Code, or section 20145 of title 51, United States Code";
(B) by striking "the Lewis Research Center" and all that follows through "for the purpose" and inserting "the Glenn Research Center in Ohio to the Ohio Aerospace Institute for the purpose";
(C) by striking "an Institute" and inserting "the Ohio Aerospace Institute"; and
(D) by inserting "protection of national security," after "space engineers,";
(2) in subsection (b)--
(A) by striking "State of Ohio" and all that follows through "pursuant to which" and inserting "Ohio Aerospace Institute, pursuant to which";
(B) by inserting "lease any owned or operated facilities of the Ohio Aerospace Institute," after "Administration may";
(C) by striking "an Institute" and inserting "the Ohio Aerospace Institute"; and
(D) by inserting "protection of national security," after "space engineers,"; and
(3) by adding at the end the following:
"(d) All references to the Ohio Aerospace Institute in subsections (a) and (b) include the successors and assigns of the Ohio Aerospace Institute.".
______
SA 6283. Mr. McCORMICK (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:
Text printed in the Record (41 characters)
At the end of title X, add the following:
Subtitle H--Stop Corrupt Iranian Oligarchs and Entities Act of 2026
Text printed in the Record (7,177 characters)
SEC. 1099A. SHORT TITLE.
This subtitle may be cited as the "Stop Corrupt Iranian Oligarchs and Entities Act of 2026".
SEC. 1099B. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term "appropriate congressional committees" means--
(1) the Committee on the Judiciary, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on the Judiciary, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1099C. REPORT ON OLIGARCHS AND CORRUPTION IN IRAN.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Director of National Intelligence and other relevant Federal agencies, shall submit to the appropriate congressional committees a detailed report on oligarchs and corruption in Iran.
(b) Elements.--The report required under subsection (a) shall include the following elements:
(1) A description of senior foreign political figures and oligarchs in Iran, including the following:
(A) An identification of the most significant senior foreign political figures and oligarchs in Iran, as determined by the closeness to the Government of Iran of each such figure and oligarch, and the estimated net worth of each such figure and oligarch.
(B) An assessment of the relationship between the individuals identified under subparagraph (A) and President Masoud Pezeshkian or other members of the Iranian ruling elite.
(C) An identification of any indices of corruption with respect to such individuals.
(D) Known sources of income of such individuals (including through their family members (including spouses, children, parents, and siblings)), which should include information on relevant beneficial ownership.
(E) An identification of the non-Iranian business affiliations of such individuals.
(2) A description of Iranian parastatal entities, including an assessment of the following matters:
(A) The emergence of Iranian parastatal entities and their role in the economy of Iran.
(B) The leadership structures and beneficial ownership of such entities.
(C) An identification of the non-Iranian business affiliations of such entities.
(3) Information relating to the exposure of key economic sectors of the United States, including, at minimum, the banking, securities, insurance, and real estate sectors, to Iranian politically affiliated persons, Iranian parastatal entities, and Iranian State-owned enterprises.
(4) Information relating to the likely effects of imposing debt and equity restrictions on Iranian parastatal entities.
(5) Information relating to the potential impacts of imposing sanctions or debt and equity restrictions in addition to any such sanctions or restrictions in existence as of the date of the enactment of this Act on Iranian oligarchs, Iranian parastatal entities, or Iranian State-owned enterprises, including impacts on such oligarchs, entities, and enterprises and on the economy of Iran, as well as on the economies of the United States and United States allies.
(c) Form.--The report required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex.
(d) Definitions.--In this section:
(1) Iranian parastatal entities.--The term "Iranian parastatal entities" means entities--
(A) in which Iranian State ownership is at least 25 percent; and
(B) that had revenues in 2016 of approximately $2,000,000,000 or more.
(2) Senior foreign political figure.--The term "senior foreign political figure" has the meaning given such term in section 1010.605 of title 31, Code of Federal Regulations.
SEC. 1099D. IRAN KLEPTOCRACY INITIATIVE.
(a) Establishment.--The Attorney General shall establish within the Department of Justice an "Iran Kleptocracy Initiative" (in this section referred to as the "Initiative") to investigate, expose, disrupt, and prosecute corruption, money laundering, and racketeering activities by Iranian government officials and their proxies, including those concealed through their family members, shell companies, or third-country intermediaries.
(b) Responsibilities.--The Initiative shall--
(1) identify, trace, and catalog assets (including real property, financial accounts, luxury goods, and investments) held by or attributable to Iranian government officials and their proxies, including those concealed through their family members, shell companies, or third-country intermediaries;
(2) develop and publish unclassified findings, reports, and public designations regarding corrupt practices within the Iranian regime, including case studies of asset concealment and sanctions evasion (consistent with national security and operational requirements);
(3) coordinate with Federal, State, and international law enforcement agencies, including through joint task forces, to facilitate civil and criminal prosecutions, asset
recoveries, and extraditions under applicable United States laws, including chapters 46, 95, and 96 of title 18, United States Code, provisions of law imposing sanctions with respect to foreign countries or foreign persons; and
(4) establish protocols for rewarding credible information leading to successful investigations, asset forfeitures, or prosecutions, in coordination with existing rewards programs.
(c) Interagency Coordination.--The Secretary of State shall designate a Director of the Initiative who shall serve as the primary point of contact for coordination with relevant Federal agencies and the heads of appropriate Federal law enforcement agencies. The Director shall convene regular interagency meetings and share non-classified threat intelligence on Iranian kleptocracy networks.
(d) Reporting.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the appropriate congressional committees a report on the activities of the Initiative.
(2) Elements.--Each report under paragraph (1) shall include--
(A) a summary of investigations initiated, ongoing, and concluded that are attributable to the Initiative, which shall include the number of indictments, convictions, and asset forfeitures attributable to such investigations;
(B) an accounting of assets identified, frozen, seized, or repatriated in connection with such investigations, including the estimated values of such assets;
(C) challenges encountered by the Initiative and recommendations for legislative or administrative improvements; and
(D) metrics on international cooperation with and the public impact of the Initiative.
(3) Form.--Each report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(e) Rule of Construction.--Nothing in this section shall be construed to limit the authority of any Federal agency to investigate or prosecute corruption or racketeering activities under other provisions of law.
SEC. 1099E. SUNSET.
This subtitle shall cease to have force or effect on the date that is 5 years after the date of enactment of this Act.
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SA 6284. Mr. CRUZ 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:
Text printed in the Record (7,620 characters)
At the appropriate place, insert the following:
SEC. ___. STUDY ON NEW TECHNOLOGIES TO RECYCLE SPENT NUCLEAR
FUEL.
(a) Definitions.--In this section:
(1) National laboratory.--The term "National Laboratory" has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(2) Nuclear waste.--The term "nuclear waste" means spent nuclear fuel and high-level radioactive waste (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)).
(3) Recycling.--The term "recycling" means the recovery of valuable radionuclides, including fissile materials, from nuclear waste, and any subsequent processes, such as enrichment and fuel fabrication, necessary for reuse in nuclear reactors or other commercial applications.
(4) Secretary.--The term "Secretary" means the Secretary of Energy.
(5) Spent nuclear fuel.--The term "spent nuclear fuel" has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(b) Study.--Not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall carry out a study--
(1) to analyze the practicability, potential benefits, costs, and risks, including proliferation, of using dedicated recycling facilities to convert spent nuclear fuel, including spent high-assay low-enriched uranium fuel, into useable nuclear fuels, such as those for--
(A) commercial light water reactors;
(B) advanced nuclear reactors; and
(C) medical, space-based, advanced-battery, and other non-reactor applications, as determined by the Secretary;
(2)(A) to analyze the practicability, potential benefits, costs, and risks of recycling spent nuclear fuel, which is taken from temporary storage sites throughout the United States, and using it as fuel or input for advanced nuclear reactors, existing reactors, or commercial applications;
(B) to compare such practicability, potential benefits, costs, and risks of recycling spent nuclear fuel with the practicability, potential benefits, costs, and risks of the once-through fuel cycle, including temporary and permanent storage requirements; and
(C) to analyze the practicability, potential benefits, costs, and risks of aqueous (such as PUREX and the derivatives of PUREX) recycling processes with the practicability, potential benefits, costs, and risk of non-aqueous (such as pyro-electrochemistry) recycling processes;
(3) to analyze the technical and economic feasibility of utilizing nuclear waste processing to extract certain isotopes needed for domestic and international use, including medical, industrial, space-based power source, and advanced-battery applications;
(4) to analyze the practicability, potential benefits, costs, risks, and potential approaches for coupling or collocating recycling facilities with other pertinent facilities, such as advanced nuclear reactors (that can use the recycled fuel), interim storage, and fuel-fabrication facilities, including through--
(A) relevant analyses, such as capital and operating cost estimates, public-private partnerships to encourage investment, infrastructure requirements, timeline to full-scale commercial deployment, and distinguishing characteristics or requirements of such facilities;
(B) input from interested private technology developers and relevant assumptions regarding cost; and
(C) comparison with the practicability, potential benefits, costs, and risks of the once-through fuel cycle, including temporary and permanent storage requirements;
(5) to identify parties, including individuals, communities, businesses, and local and Tribal governments, that are impacted economically, or through health, safety, or environmental risks, by the current practice of indefinite temporary storage of spent nuclear fuel, and assess potential risks and benefits for those parties should spent nuclear fuel be removed from their sites for the purposes of nuclear waste recycling;
(6) to assess different approaches for siting and sizing nuclear waste recycling facilities, including a centralized national facility, regional facilities, on-site facilities where spent nuclear fuel is currently stored, and on-site facilities where newly recycled fuel can be used by an on-site reactor, and recommend one or more approaches that consider environmental, transportation, infrastructure, capital, and other risks;
(7) to identify tracking and accountability methods for new recycled fuel and radioactive waste streams for byproducts of the recycling process;
(8)(A) to identify any regulatory gaps related to nuclear waste management and recycling, including accuracy and consistency of relevant definitions for radioactive waste (including "high-level radioactive waste", "spent nuclear fuel", "low-level radioactive waste", "reprocessing", "recycling", and "vitrification") and classifications of radioactive waste that exist in Federal law on the date of enactment of this Act;
(B) to compare such definitions to those used by other nations that manage radioactive waste; and
(C) to make recommendations for modernizing such definitions; and
(9) to evaluate--
(A) potential Federal and State-level policy changes to support development and deployment of recycling and waste-utilizing reactor technologies; and
(B) impacts of spent nuclear fuel recycling on requirements for domestic nuclear waste storage.
(c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives, a report that complies with each of the following:
(1) Describes the results of the study carried out under subsection (b).
(2) Is released to the public.
(3) Totals not more than 120 pages (excluding Front Matter, References, and Appendices) written and formatted to facilitate review by a nonspecialist readership, including the following sections:
(A) A Front Matter section that includes a cover page with identifying information, tables of contents, figures, and tables.
(B) An Executive Summary section.
(C) An Introductory section that includes a historical overview that also explains why recycling is not performed in the United States today, such as economic, political, or technological obstacles.
(D) Results and Findings sections that summarize the results and findings of the study carried out under subsection (b).
(E) A Key Remaining Challenges and Barriers section that identifies key technical and nontechnical (such as economic) challenges and barriers that need to be addressed to enable scale-up and commercial adoption of spent nuclear fuel recycling, with preference given to secure, proliferation resistant, environmentally safe, and economical recycling methods.
(F) A Policy Recommendations section that--
(i) lists policy recommendations to address remaining technical and nontechnical (such as economic) challenges and barriers to enable scale-up and commercial adoption of spent nuclear fuel recycling, including with government support;
(ii) contrasts the potential benefits and risks of each policy; and
(iii) compares benefits to current or past policies.
(G) An Other section in which other relevant information may be added.
(H) A References section.
(I) An Appendices section.
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SA 6285. Mr. CRUZ 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:
Text printed in the Record (859 characters)
At the appropriate place in title II, insert the following:
SEC. ___. PRIVATELY FUNDED DUAL-USE INNOVATION EXCHANGES.
(a) Authority.--The Secretary of Defense may leverage existing, privately funded dual-use innovation exchange organizations that facilitate collaboration among Department of Defense personnel, nontraditional defense contractors, manufacturing and infrastructure partners, and private capital providers to accelerate the transition of commercially developed technologies into defense applications.
(b) Requirements.--In carrying out activities under this section, the Secretary shall, to the maximum extent practicable--
(1) use authorities and programs that were in effect on the day before the date of the enactment of this Act; and
(2) avoid duplication of Department manufacturing, acquisition, or industrial base activities.
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SA 6286. Mr. CRUZ (for himself and Mr. Kelly) 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:
Text printed in the Record (2,743 characters)
At the end of section 134, add the following:
(e) Additional Protection for Air National Guard MQ-9 Aircraft Units.--
(1) Prohibition.--The Secretary of the Air Force may not, during the period beginning on the date of the enactment of this Act and ending on September 30, 2031--
(A) divest, deactivate, redesignate, consolidate, transfer, place in storage, or initiate any action to retire any MQ-9 aircraft assigned to an Air National Guard unit, or otherwise reduce the mission capability of any Air National Guard MQ-9 aircraft unit;
(B) reduce--
(i) the total primary aerospace vehicle authorization (PAA) number of MQ-9 aircraft assigned to any unit of the Air National Guard below the levels in effect on such date of enactment; or
(ii) the assigned aircraft authorization of any Air National Guard MQ-9 aircraft unit below the level in effect on such date of enactment;
(C) modify the designed operational capability statement for any Air National Guard MQ-9 aircraft unit, as in effect on such date of enactment, in a manner that would reduce the capabilities of such unit below the levels specified in such statement as in effect on such date; or
(D) reduce, below the levels in effect on such date of the enactment, the number of personnel assigned to units responsible for the operation and maintenance of MQ-9 aircraft if such reduction would affect the ability of such units to meet the capability described in subparagraph (C).
(2) Exception for individual aircraft.--The prohibition under paragraph (1) shall not apply to an individual MQ-9 aircraft if the Secretary of the Air Force--
(A) determines, on a case-by-case basis, that the aircraft is unsafe to operate, uneconomical to repair, or no longer mission capable due to mishap damage, structural condition, air worthiness, obsolescence, or other material sustainment issue;
(B) assigns an Air National Guard MQ-9 aircraft unit a new primary mission, with approval of the applicable Governor pursuant to section 104(c) of title 32, United States Code, and certifies to the congressional defense committees that such new primary mission will maintain or enhance the operational capability of such unit within the total force; and
(C) submits to the congressional defense committees a plan describing--
(i) the personnel impacts of mission conversion;
(ii) the projected operational capability of the new mission, including programmed funding and required manpower;
(iii) the timeline for transition; and
(iv) any associated aircraft, systems, or infrastructure requirements.
(3) Consultation requirement.--The Secretary of the Air Force shall consult with the Chief of the National Guard Bureau before taking any action described in paragraph (1).
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SA 6287. Mr. SULLIVAN 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:
Text printed in the Record (166 characters)
In section 815(a)(2), strike "equity securities of the entity" and insert "equity securities that are listed on the national security exchange of the entity".
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SA 6288. Mr. LANKFORD 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:
Text printed in the Record (2,974 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. EARLY MIGRATION ALERT PROGRAM.
(a) In General.--Subtitle D of title IV of the Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the following new section:
"SEC. 448. EARLY MIGRATION ALERT PROGRAM.
"(a) Establishment.--There is established in the Department a program to be known as the `Early Migration Alert Program' (referred to in this section as `EMAP').
"(b) Purposes.--The purposes of EMAP are--
"(1) to lead the Department's dissemination of information relating to the movement and release of aliens into the United States; and
"(2) to formalize partnerships with regional stakeholders to integrate, analyze, and disseminate information relating to the movement and release of aliens into the United States.
"(c) Information Sharing.--
"(1) Provision of information.--
"(A) In general.--Not later than 24 hours before releasing an alien into the United States, the Secretary, in consultation with the Secretary of Health and Human Services, acting through the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement, shall provide to State, local, Tribal, and territorial government personnel in the relevant jurisdiction information relating to the number of such aliens to be released, the number of such aliens with known criminal histories, the initial destinations of such aliens, and the final destinations where such aliens intend to settle.
"(B) Rule of construction.--Nothing in subparagraph (A) may be construed to require U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement to detain an alien any longer than required by law.
"(2) Electronic mail notification service.--
"(A) In general.--The Secretary, acting through the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement, shall take such actions as are necessary to develop an electronic mail notification system and a list of State, local, Tribal, and territorial government personnel who may receive information under paragraph (1).
"(B) Delivery.--Information under paragraph (1) may be provided via the electronic mail notification system under subparagraph (A) only if a verified official government email address of the receiving jurisdiction is on file with EMAP.
"(d) Effective Date.--This section shall take effect and apply with respect to any alien who is apprehended or released on or after the date of the enactment of this section.
"(e) Authorization of Appropriations.--There is authorized to be appropriated $400,000 for each of fiscal years 2026 and 2027 to carry out this section.".
(b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 447 the following new item:
"Sec. 448. Early Migration Alert Program.". ______
SA 6289. Mr. LANKFORD 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:
Text printed in the Record (3,864 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. SOCIOECONOMIC LABOR THRESHOLD FOR THE SERVICE
CONTRACT ACT.
(a) Socioeconomic Labor Threshold.--
(1) In general.--For purposes of this section, the socioeconomic labor threshold is--
(A) for the period beginning on the date of enactment of this Act and ending on October
1 following such date of enactment, the amount determined by the Secretary of Labor under paragraph (2)(A); and
(B) for each 1-year period beginning on October 1 following such date of enactment, the amount determined by the Secretary of Labor under paragraph (2)(B).
(2) Inflation adjustments.--
(A) Initial period.--The amount determined under this paragraph for the period described in paragraph (1)(A) shall be $2,500 as--
(i) increased by the percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, comparing--
(I) such Consumer Price Index for October of 1965; and
(II) such Consumer Price Index for the most recent month as of the date of enactment of this Act for which such Consumer Price Index is available; and
(ii) (if applicable), rounded to the nearest multiple of $100.
(B) Subsequent periods.--
(i) In general.--The amount determined under this subparagraph for the applicable period described in paragraph (1)(B) shall be the amount in effect on the date of such determination as--
(I) increased (if applicable) from such amount by the annual percentage increase, if any, in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, from the preceding year as calculated in accordance with clause (ii); and
(II) (if applicable) rounded to the nearest multiple of $100.
(ii) Consumer price index.--In making the determination under clause (i) and calculating the percentage increase in the Consumer Price Index for All Urban Consumers under clause (i)(I), the Secretary of Labor shall compare the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the calendar year in which such determination is made with the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the preceding calendar year.
(iii) Rule of construction.--With respect to a determination under clause (i) of the amount in effect under this paragraph for an applicable period under paragraph (1)(B), if there is not an annual percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average) from the preceding year as described in clause (i)(I), the amount in effect under this paragraph for such applicable period shall be the amount in effect under paragraph (1) on the date of such determination.
(b) Amendments to the McNamara-O'Hara Service Contract Act.--
(1) Definition.--Section 6701 of title 41, United States Code, is amended--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following:
"(4) Socioeconomic labor threshold.--The term `socioeconomic labor threshold' means the socioeconomic labor threshold established under section 1094(a) of the National Defense Authorization Act for Fiscal Year 2027.".
(2) Applicability threshold.--Section 6702(a)(2) of title 41, United States Code, is amended to read as follows:
"(2) involves an amount exceeding--
"(A) for contracts and bid specifications made prior to the date of enactment of the National Defense Authorization Act for Fiscal Year 2027, $2,500; and
"(B) for contracts and bid specifications made on or after such date of enactment, the socioeconomic labor threshold.".
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SA 6290. Mr. LANKFORD 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:
Text printed in the Record (318 characters)
At the appropriate place, insert the following:
SEC. ___. 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".
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SA 6291. Mr. WHITEHOUSE (for himself and Mr. Graham) 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:
Text printed in the Record (43 characters)
At the end of title XII, add the following:
Subtitle F--Seizure and Forfeiture of Assets of Russian Kleptocrats
Text printed in the Record (5,125 characters)
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Deterring Adversary Ill-Gotten Gains Act".
SEC. 1282. PROCEDURES FOR FORFEITURE OF ASSETS OF RUSSIAN
KLEPTOCRATS.
(a) Nonjudicial Forfeiture.--Property subject to forfeiture under title 18, United States Code, may be forfeited through nonjudicial civil forfeiture under section 609 of the Tariff Act of 1930 (19 U.S.C. 1609), without regard to limitation under section 607(a)(1) of that Act (19 U.S.C. 1607(a)(1)), if the Attorney General, or a designee, makes the certification described in subsection (b) with respect to the property.
(b) Certification.--After seizure of property and prior to forfeiture of the property under subsection (a), the Attorney General, or a designee, shall certify that, upon forfeiture, the property will be covered forfeited property (as defined in section 1708(c) of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117-328; 136 Stat. 5200), as amended by this subtitle).
SEC. 1283. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO
REMEDIATE HARMS TO UKRAINE FROM RUSSIAN
AGGRESSION.
(a) In General.--Section 1708(c) of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117-328; 136 Stat. 5200) is amended--
(1) in paragraph (2), by striking "which property belonged" and all that follows and inserting the following: "which property--
"(A) belonged to, was possessed by, or was controlled by a person the property or interests in property of which were blocked pursuant to any license, order, regulation, or prohibition imposed by the United States under the authority provided by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law, with respect to--
"(i) the Russian Federation; or
"(ii) actions or policies that undermine the democratic processes and institutions in Ukraine or threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine;
"(B) was involved in an act in violation of or a conspiracy or scheme to violate--
"(i) any license, order, regulation, or prohibition described in subparagraph (A); or
"(ii) any restriction on the export, reexport, or in-country transfer of items imposed by the United States under the Export Administration Regulations, or any restriction on the export, reexport, or retransfer of defense articles under the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, with respect to--
"(I) the Russian Federation, Belarus, the Crimea region of Ukraine, or the so-called `Donetsk People's Republic' or `Luhansk People's Republic' regions of Ukraine;
"(II) any person in any such country or region on a restricted parties list; or
"(III) any person located in any other country that has been added to a restricted parties list in connection with the malign conduct of the Russian Federation in Ukraine, including the annexation of the Crimea region of Ukraine in March 2014 and the invasion beginning in February 2022 of Ukraine, as substantially enabled by Belarus; or
"(C) was involved in any related conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, the Russian Federation, Belarus, the Crimea region of Ukraine, or the so-called `Donetsk People's Republic' or `Luhansk People's Republic' regions of Ukraine."; and
(2) by adding at the end the following:
"(3) The term `Export Administration Regulations' has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
"(4) The term `restricted parties list' means any of the following lists maintained by the Bureau of Industry and Security:
"(A) The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations.
"(B) The Denied Persons List maintained pursuant to section 764.3(a)(2) of the Export Administration Regulations.
"(C) The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations.".
(b) Extension of Authority.--Section 1708(d) of the Additional Ukraine Supplemental Appropriations Act, 2023, is amended by striking "May 1, 2025" and inserting "the date that is 3 years after the date of the enactment of the Deterring Adversary Ill-Gotten Gains Act".
SEC. 1284. RULEMAKING.
The Attorney General and the Secretary of the Treasury may prescribe regulations to carry out this subtitle without regard to the requirements of section 553 of title 5, United States Code.
SEC. 1285. TERMINATION.
(a) In General.--The provisions of this subtitle shall terminate on the date that is 3 years after the date of the enactment of this Act.
(b) Savings Provision.--The termination of this subtitle under subsection (a) shall not--
(1) terminate the applicability of the procedures under this subtitle to any property seized prior to the date of the termination under subsection (a); or
(2) moot any legal action taken or pending legal proceeding not finally concluded or determined on that date.
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SA 6292. Mr. BLUMENTHAL 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:
Text printed in the Record (1,398 characters)
At the end of subtitle C of title XII, add the following:
SEC. 1230. STATEMENT OF POLICY RELATING TO UKRAINE SECURITY
ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended by adding at the end the following new subsection:
"(l) Statement of Policy.--
"(1) In general.--It is the policy of the United States--
"(A) to assist Ukraine in maintaining a credible defense and deterrence capability;
"(B) to bolster defense and security cooperation with Ukraine as a means of building a future force of Ukraine that is capable of defending Ukraine today and deterring future aggression; and
"(C) to advance continued reform of the democratic, economic, defense, and security institutions of Ukraine in order to advance the Euro-Atlantic integration and modernization of Ukraine.
"(2) Credible defense and deterrence capability defined.--In this subsection, 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, command, control, communication, intelligence, surveillance, and reconnaissance capabilities.".
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SA 6293. Mr. BLUMENTHAL 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:
Text printed in the Record (2,986 characters)
At the end of subtitle D of title VI, add the following:
SEC. 639. CONCURRENT RECEIPT OF VETERANS' DISABILITY
COMPENSATION AND RETIRED PAY FOR DISABILITY
RETIREES WITH COMBAT-RELATED DISABILITIES.
(a) Concurrent Receipt Generally.--Section 1414(b) of title 10, United States Code, is amended by striking paragraph (2) and inserting the following new paragraphs:
"(2) Combat-related disability retirees.--
"(A) In general.--A member retired under chapter 61 of this title with a combat-related disability who is entitled for any month to retired pay under chapter 61 of this title and is also entitled for that month to veterans' disability compensation under title 38, is entitled to be paid both without regard to sections 5304 and 5305 of title 38.
"(B) Combat-related disability defined.--In this paragraph, the term `combat-related disability' has the meaning given that term in subsection (e) of section 1413a of this title and as determined under the criteria and procedures used for purposes of such section.
"(3) Exclusion of other retirees.--Subsection (a) does not apply to a member retired under chapter 61 of this title if the member is not covered by paragraph (1) or (2).".
(b) Technical and Conforming Amendments.--
(1) Coordination with combat-related special compensation program.--Section 1414(d)(1) of title 10, United States Code, is amended by inserting "or is entitled to a payment under subsection (b)(2)" after "qualified retiree under this section".
(2) Amendments reflecting end of concurrent receipt phase-in period.--Section 1414 of title 10, United States Code, is further amended--
(A) in subsection (a)(1)--
(i) by striking the second sentence; and
(ii) by striking subparagraphs (A) and (B);
(B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and
(C) in subsection (d), as redesignated, by striking paragraphs (3) and (4).
(3) Section heading.--The heading of section 1414 of such title is amended to read as follows:
"Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
receipt".
(4) Conforming amendment.--Section 1413a(f) of such title is amended by striking "Subsection (d)" and inserting "Subsection (c)".
(c) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.
SEC. 640. RESCISSION OF ONE BIG BEAUTIFUL BILL ACT FUNDS FOR
DEPARTMENT OF DEFENSE.
Notwithstanding any other provision of law, of the unobligated balances of amounts made available under title II of the Act entitled "An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14" , approved July 4, 2025 (Public Law 119-21; 139 Stat. 112) (commonly known as the "One Big Beautiful Bill Act"), $13,000,000,000 is hereby rescinded.
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SA 6294. Ms. KLOBUCHAR 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:
Text printed in the Record (5,978 characters)
At the appropriate place in title X, insert the following:
SEC. __. IMPROVING NOTIFICATION PROCEDURES IN CASE OF
INCREASED DEMAND FOR CRITICAL DRUGS.
(a) In General.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended--
(1) in the section heading, by striking "discontinuance or interruption in the production of life-saving drugs" and inserting "notification of issues affecting domestic supply of critical drugs";
(2) by striking subsections (a), (b), and (c), and inserting the following:
"(a) Notification Required.--
"(1) In general.--A manufacturer of a covered drug shall notify the Secretary, in accordance with subsection (b), of--
"(A)(i) a permanent discontinuance in the manufacture of the drug or an interruption of the manufacture of the drug that is likely to lead to a meaningful disruption in the supply of such drug in the United States;
"(ii) a permanent discontinuance in the manufacture of an active pharmaceutical ingredient of such drug, or an interruption in the manufacture of an active pharmaceutical ingredient of such drug that is likely to lead to a meaningful disruption in the supply of the active pharmaceutical ingredient of such drug; or
"(iii) any other circumstance, such as an increase in demand or export restriction, that is likely to leave the manufacturer unable to meet demand for the drug without a meaningful shortfall or delay; and
"(B) the reasons for such discontinuance, interruption, or other circumstance, if known.
"(2) Contents.--Notification under this subsection with respect to a covered drug shall include--
"(A) with respect to the reasons for the discontinuation, interruption, or other circumstance described in paragraph (1)(A)(iii), if an active pharmaceutical ingredient is a reason for, or risk factor in, such discontinuation, interruption, or other circumstance, the source of the active pharmaceutical ingredient and any alternative sources for the active pharmaceutical ingredient known to the manufacturer;
"(B) whether any associated device used for preparation or administration included in the drug is a reason for, or a risk factor in, such discontinuation, interruption, or other circumstance described in paragraph (1)(A)(iii);
"(C) the expected duration of the interruption; and
"(D) such other information as the Secretary may require.
"(b) Timing.--A notice required under subsection (a) shall be submitted to the Secretary--
"(1) at least 6 months prior to the date of the discontinuance or interruption;
"(2) in the case of such a notice with respect to a circumstance described in subsection (a)(1)(A)(iii), as soon as practicable, or not later than 10 business days after the onset of the circumstance; or
"(3) if compliance with paragraph (1) or (2) is not possible, as soon as practicable.
"(c) Notification and Distribution.--
"(1) Distribution.--To the maximum extent practicable, the Secretary shall distribute, through such means as the Secretary determines appropriate, information on the discontinuance or interruption of the manufacture of, or other circumstance described in subsection (a)(1)(A)(iii) that is likely to lead to a shortage or meaningful disruption in the supply of, covered drugs to appropriate organizations, including physician, health provider, and patient organizations, as described in section 506E.
"(2) Notification to the department of defense.--The Secretary shall notify the Secretary of Defense each time a notification is submitted to the Secretary under subsection (a).";
(3) in subsection (g), in the matter preceding paragraph (1), by striking "drug described in subsection (a)" and inserting "covered drug"; and
(4) in subsection (j), by striking "drug described in subsection (a)" and inserting "covered drug".
(b) Definitions.--Paragraph (1) of section 506C(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c(h)) is amended to read as follows:
"(1) the term `covered drug' means a drug that is intended for human use and that--
"(A) is--
"(i) life-supporting;
"(ii) life-sustaining; or
"(iii) intended for use in the prevention or treatment of a debilitating disease or condition, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act;
"(B) is not a radio pharmaceutical drug product or any other product as designated by the Secretary; and
"(C) is not a biological product (as defined in section 351(i) of the Public Health Service Act), unless otherwise provided by the Secretary in the regulations promulgated under subsection (i);".
(c) Reporting on Supply Chains.--Section 510(j)(3)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(j)(3)(A)) is amended--
(1) by striking "annually to the Secretary" in the first sentence and inserting "to the Secretary, once during the month of March each year and once during the month of September each year,";
(2) by inserting ", and the legal names of, and any additional information the Secretary may require, regarding suppliers of active pharmaceutical ingredients and intermediate and in-process materials such person used for the manufacture, preparation, propagation, compounding, or processing of such drug, and the amount of such drug manufactured, prepared, propagated, compounded, or processed using each such active pharmaceutical ingredient or intermediate or in-process material sourced from each such supplier" before the period at the end of the first sentence; and
(3) by inserting after the first sentence the following: "In addition to the reporting required under the preceding sentence, each person who registers with the Secretary under this section with regard to a drug may voluntarily report on the information described in the preceding sentence, at such other times as the Secretary may specify.".
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SA 6295. Mr. VAN HOLLEN 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:
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At the end of subtitle D of title XXVIII, add the following:
SEC. 2873. REPORT ON DETECTION AND ALERT SYSTEMS FOR SEVERE
WEATHER THREATS AT MILITARY INSTALLATIONS.
(a) Purpose.--The purpose of this section is to require that, as part of military installations resilience planning, the Secretary of Defense and the commander of any major military installation study the benefits of investing in more comprehensive, sustained severe weather, wildfire, and flood detection and early warning, forecasting, and alerting systems to improve preparedness, reduce risk to personnel and property, and strengthen installation and mission resiliency.
(b) Report on Detention and Alert Systems at Military Installations.--
(1) In general.-- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the House of Representatives a report that assesses the detection, warning, forecasting, and alert systems for severe weather threats at certain military installations.
(2) Contents.--The report submitted under paragraph (1) shall--
(A) identify at-risk installations, including any installation that--
(i) faces multi-hazard risks, such as concurrent elevated risk of severe weather, lightning, wildfire, and flooding;
(ii) hosts critical mission capabilities, high-value infrastructure, or population concentrations the loss of which would have a disproportionate impact on national security;
(iii) has a demonstrated historic or modeled vulnerability to severe weather, wildfire, or flood events; or
(iv) would benefit most from near-term enhancements to lifesaving alerting and collaborative incident management;
(B) assess the technical requirements and desired core capabilities of detection, warning, forecasting, and alert systems, including--
(i) real-time multi-hazard detection (severe weather, wildfire, flood) using on-site sensors and data streams from commercial sources and civil and Federal agencies;
(ii) advanced short- and medium-range forecasting and predictive modeling leveraging commercial and government data;
(iii) automated, geospatial, and role-based alerting to installation commanders, emergency managers, first responders, shelter managers, and alert personnel via SMS, email, voice, common alerting protocols, and other modalities;
(iv) a singular, authoritative dashboard that displays real-time conditions, forecasts, alerts, and recommended actions, and supports collaborative incident management across stakeholders;
(v) configurable alert thresholds, layered notification lists, and two-way acknowledgment and status reporting;
(vi) hardened communications, cybersecurity protections, and redundancy appropriate to military installation standards; and
(vii) enhanced actionable alerting capabilities or equivalent functionality that enables prioritized, actionable, and location-specific warnings and guidance;
(C) describe available commercial solutions and potential costs associated with such solutions; and
(D) provide recommendations for additional legislative actions to facilitate the improvement of severe weather observations and warnings on military installations.
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SA 6296. Mr. VAN HOLLEN 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:
Text printed in the Record (2,917 characters)
At the end of subtitle D of title XXVIII, add the following:
SEC. 2873. MILITARY INSTALLATION STORMWATER PROJECT
ACCELERATION PROGRAM.
Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2815a the following new section:
"Sec. 2815b. Military Installation Stormwater Project
Acceleration Program
"(a) Establishment.--There is established in the Office of the Secretary of Defense a program to be known as the `Military Installation Stormwater Project Acceleration Program' (in this section referred to as the `Program').
"(b) Purpose.--The Program shall be conducted for the purpose of accelerating the planning for and implementation of projects and other actions on or related to a military installation that are--
"(1) addressed in the military installation component of installation master plans developed in accordance with section 2864(c) of this title;
"(2) identified as potential military installation projects under section 2815 of this title;
"(3) identified for the improvement of stormwater management in accordance with section 2815a of this title; or
"(4) identified as suitable to preserve or enhance Defense Access Roads in accordance with section 210 of title 23.
"(c) Identification of Projects and Other Actions.--The Secretary of Defense shall establish a merit-based process for identifying projects and other actions suitable for funding through the Program.
"(d) Rule of Construction.--Nothing in this section shall be construed to require or enable any official of the Department of Defense to provide funding under this section pursuant to a community project funding request, as defined in the Rules of the House of Representatives, or a congressionally directed spending item, as defined in the Standing Rules of the Senate.
"(e) Annual Reports.--(1) Not later than March 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Program.
"(2) Each report under paragraph (1) shall include the following:
"(A) A description of the nature and status of the projects or actions undertaken in whole or part with funds appropriated for the Program.
"(B) An assessment of the effectiveness of such projects or actions as part of a long-term strategy--
"(i) to prevent flooding on military installations, key supporting civilian infrastructure, and defense access roads; and
"(ii) to improve the management of stormwater on or related to a military installation.
"(C) An evaluation of the methodology and criteria used to select and to establish priorities for projects and actions funded in whole or part with funds appropriated for the Program.
"(D) Such recommendations as the Secretary of Defense considers appropriate for legislative or administrative action to improve the efficiency and effectiveness of the Program.".
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SA 6297. 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:
Text printed in the Record (9,811 characters)
At the end of title XII, add the following:
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Venezuela Democratic Transition Act".
SEC. 1272. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) the Venezuelan parliamentary election held on December 6, 2020, and the Venezuelan parliamentary election held on May 25, 2025, were fraudulent and widely condemned;
(2) the Venezuelan presidential election held on July 28, 2024, violated Venezuelan law and international standards;
(3) the Venezuelan regime led by Nicolas Maduro falsely claimed victory in the 2024 presidential election and intensified violent repression against the leaders and supporters of the opposition presidential candidate; and
(4) Nicolas Maduro lost the 2024 presidential election and his regime lacks legitimacy to represent the Venezuelan people.
(b) Sense of Congress.--It is the sense of Congress that the United States should--
(1) continue to recognize Edmundo Gonzalez Urrutia as Venezuela's legitimate President-elect;
(2) support the democratic opposition;
(3) facilitate free and fair presidential elections in 2026 with full opposition participation; and
(4) ensure that any energy agreements with Venezuela are made only in consultation with the democratic opposition movement.
SEC. 1273. DEFINITIONS.
In this subtitle:
(1) Admission; admitted; alien.--The terms "admission", "admitted", and "alien" have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) 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 Committee on Foreign Affairs of the House of Representatives;
(E) the Committee on the Judiciary of the House of Representatives; and
(F) the Committee on Financial Services of the House of Representatives.
(3) Gross violations of internationally recognized human rights.--The term "gross violations of internationally recognized human rights" has the meaning given that term in section 502B(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)).
(4) 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.
(5) Venezuelan person.--The term "Venezuelan person" means--
(A) a citizen or national of Venezuela; or
(B) an entity organized under the laws of Venezuela or otherwise subject to the jurisdiction of the Government of Venezuela.
SEC. 1274. STRATEGY FOR SUPPORTING FREE AND FAIR ELECTIONS IN
VENEZUELA.
The Secretary of State shall develop and submit to Congress a strategy that--
(1) updates, with input from the appropriate congressional committees, the Democratic Transition Framework for Venezuela, which was originally published by the Department of State on March 31, 2020;
(2) uses all available diplomatic tools--
(A) to facilitate a new presidential election in Venezuela in 2026 that complies with international standards for a free, fair, and transparent electoral process;
(B) to end the Maduro-Rodriguez regime's usurpation of presidential authorities;
(C) to restore democracy and the rule of law in Venezuela;
(D) to free political prisoners and prisoners of conscience from incarceration in Venezuela; and
(E) to facilitate the consistent delivery of humanitarian assistance to the people of Venezuela;
(3) outlines benchmarks towards a democratic transition in Venezuela;
(4) provides a detailed assessment of Venezuelan government institutions, political prisoners, detention and torture centers, armed groups, and laws used to repress political opposition;
(5) outlines the next steps that need to be taken in Venezuela--
(A) to coordinate international sanctions;
(B) to close torture centers;
(C) to ensure the Venezuelan military respects the results of free and fair presidential elections;
(D) to establish mechanisms for institutional reform;
(E) to guarantee the safe return of opposition leaders, including Maria Corina Machado; and
(F) to provide pathways for transitional justice and accountability; and
(6) requires transparency and monthly reporting to the appropriate congressional committees with respect to the transition to democracy in Venezuela, including--
(A) closely monitoring energy-related negotiations; and
(B) tracking progress made toward achieving certain democratic benchmarks.
SEC. 1275. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN
RIGHTS VIOLATIONS IN VENEZUELA.
(a) In General.--The President shall impose the sanctions described in subsection (b) with respect to Venezuelan persons the President determines are complicit in gross violations of internationally recognized human rights in Venezuela.
(b) Sanctions Described.--The sanctions described in this subsection are the following:
(1) Blocking of property.--The President shall 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 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 procession or control of a United States person.
(2) Aliens inadmissible for visas, admission, or parole.--In the case of an alien described in subsection (a), the alien is--
(A) inadmissible to the United States;
(B) ineligible for 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.).
(c) Exceptions.--
(1) Exception relating to importation of goods.--
(A) In general.--A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(B) Good.--In this paragraph, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(2) Exception to comply with united nations headquarters agreement and law enforcement activities.--Sanctions under subsection (b)(2) 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.
(3) 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.
(d) Waivers.--
(1) National security waiver.--The President may waive the application of sanctions under this section if the President--
(A) determines such a waiver is in the national security interests of the United States; and
(B) submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver.
(2) Humanitarian waiver.--
(A) 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 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).
(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).
(3) Democratic transition.-- The President may waive the application of sanctions under this section upon receiving certifications from the Secretary of State and the Secretary of the Treasury that a democratic transition has occurred in Venezuela.
(e) 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.--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.
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SA 6298. Mr. COONS (for himself and Mr. Young) 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:
Text printed in the Record (5,907 characters)
SEC. 1___. FINDING OPPORTUNITIES FOR RESOURCE EXPLORATION.
(a) Sense of Congress.--It is the sense of Congress that the United States should prioritize, to the greatest extent practicable, the onshoring of critical mineral processing.
(b) Definitions.--In this section:
(1) Allied foreign country.--The term "allied foreign country" means a member country of the North Atlantic Treaty Organization or a country that has been designated as a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).
(2) Critical mineral.--The term "critical mineral" has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(3) Institution of higher education.--The term "institution of higher education" has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(4) Partner foreign country.--The term "partner foreign country" means a country that is a source of a critical mineral or rare earth element.
(5) Rare earth element.--The term "rare earth element" means cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, promethium, samarium, scandium, terbium, thulium, ytterbium, or yttrium.
(6) Secretary.--The term "Secretary" means the Secretary of State.
(c) Agreements With Respect to the Mapping of Critical Minerals and Rare Earth Elements.--
(1) Agreements.--The Secretary may enter into agreements with 1 or more partner foreign countries with respect to scientific and technical cooperation in the mapping of critical minerals and rare earth elements.
(2) Objectives.--In negotiating an agreement under paragraph (1), the Secretary shall seek to increase the security and resilience of international supply chains, to the maximum extent practicable, for critical minerals and rare earth elements by--
(A) committing to assisting the partner foreign country through cooperative activities described in paragraph (4) that help the partner foreign country map reserves of critical minerals and rare earth elements;
(B) ensuring that private companies headquartered in the United States or an allied foreign country are offered the right of first refusal in the further development of critical minerals and rare earth elements in the partner foreign country that were discovered or better characterized as a result of the cooperative activities described in paragraph (4); and
(C) ensuring that mapping data created through the cooperative activities described in paragraph (4) is protected against unauthorized access by, or disclosure to, governmental or other entities based in countries that are not--
(i) a party to the agreement; or
(ii) an allied foreign country.
(3) Implementation.--In implementing an agreement under paragraph (1), the Secretary shall--
(A) partner with companies in the United States to carry out the cooperative activities described in paragraph (4);
(B) facilitate private sector investment in the exploration and development of critical minerals and rare earth elements; and
(C) refrain from activities that would materially delay ongoing domestic mapping activities with respect to critical mineral or rare earth elements in the United States.
(4) Cooperative activities.--The cooperative activities referred to in paragraphs (2) and (3) include--
(A) acquisition, compilation, analysis, and interpretation of geologic, geophysical, geochemical, and spectroscopic remote sensing data;
(B) prospectivity mapping and mineral resource assessment;
(C) analysis of geoscience data, including developing derivative map products that can help more effectively evaluate the mineral resources of the partner foreign country;
(D) scientific collaboration to enhance the understanding and management of the natural resources of the partner foreign country to contribute to the sustainable development of the mineral resources sector of that partner foreign country;
(E) training and capacity building in each area described in subparagraphs (A) through (D);
(F) facilitation of education and specialized training in geoscience and mineral resource management at institutions of higher education;
(G) training in relevant international standards for relevant officials of the government and private companies of the partner foreign country; and
(H) cooperation among entities of the partner foreign country that are a party to the agreement and entities in the United States, including Federal departments and agencies, institutions of higher education, research centers, and private companies.
(5) Notification and report to congress.--
(A) Definition of appropriate committees of congress.--In this paragraph, the term "appropriate committees of Congress" means--
(i) the Committees on Energy and Natural Resources, Foreign Relations, and Appropriations of the Senate; and
(ii) the Committees on Natural Resources, Foreign Affairs, and Appropriations of the House of Representatives.
(B) Notification and report.--Not later than 30 days before the Secretary intends to enter into an agreement under paragraph (1), the Secretary shall--
(i) notify the appropriate committees of Congress; and
(ii) submit to the appropriate committees of Congress a report detailing the implementing partners, scope of the agreement, activities to be undertaken, estimated costs, and source of funding.
(6) Consultation with private sector.--The Secretary shall consult with relevant private sector actors, as the Secretary determines to be appropriate, in--
(A) prioritizing and selecting partner foreign countries with which to enter into an agreement under paragraph (1); and
(B) assessing how an agreement can best facilitate private sector interest in pursuing the further development of critical minerals and rare earth elements in accordance with the objectives described in paragraph (2).
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SA 6299. Ms. COLLINS 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:
Text printed in the Record (1,467 characters)
At the end of subtitle C of title VIII, add the following:
SEC. 850. REGULATIONS APPLICABLE TO WEARING OPTIONAL COMBAT
BOOTS.
(a) In General.--Not later than two years after the date of the enactment of this section, the Secretary of Defense shall issue regulations to prohibit any member of the Armed Forces 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.
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SA 6300. Ms. COLLINS (for herself and Mr. Blumenthal) 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:
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SEC. ___. INCLUSION OF PHYSICIAN ASSISTANTS AND NURSE
PRACTITIONERS IN FEDERAL EMPLOYEES'
COMPENSATION ACT.
(a) Inclusion.--Section 8101 of title 5, United States Code, is amended--
(1) in paragraph (3), by inserting ", other eligible providers," after "osteopathic practitioners";
(2) by striking "and" at the end of paragraphs (18) and (19);
(3) by striking the period at the end of paragraph (20) and inserting "; and"; and
(4) by adding at the end the following:
"(21) `other eligible provider' means a nurse practitioner or physician assistant within the scope of their practice as defined by State law.".
(b) Conforming Amendments.--Subchapter I of chapter 81 of title 5, United States Code, is amended--
(1) in section 8103(a)--
(A) by inserting "or other eligible provider" after "physician" each place that term appears; and
(B) in paragraph (3), by inserting "(or other eligible providers)" after "physicians";
(2) in section 8121(6), by inserting "or other eligible provider" after "physician"; and
(3) in section 8123(a)--
(A) by inserting "or other eligible provider" after "The employee may have a physician";
(B) by inserting "or other eligible provider" after "United States and the physician"; and
(C) by striking "a third physician" and inserting "an additional physician".
(c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall finalize rules to carry out the amendments made by this section.
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SA 6301. Mr. SHEEHY (for himself and Ms. Warren) 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:
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At the end of subtitle G of title X, insert the following:
SEC. 1094. TRADE SECRET CASES.
Section 1498 of title 28, United States Code, is amended by adding at the end the following new subsection:
"(f) Whenever a trade secret (as defined in section 1839 of title 18, United States Code) is misappropriated by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive action which may be brought for such misappropriation shall be an action by the owner of the trade secret against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation as damages for such misappropriation: Provided, That in any action brought under this subsection, the United States Court of Federal Claims shall not be bound by the trade secret laws of any State but shall develop its own precedent consistent with this subsection and applicable Federal law; Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use or disclosure of the trade secret by the Government: Provided, however, That this subsection shall not confer a right of action on any owner or any assignee of such owner with respect to any trade secret developed or maintained by a person while in the employment or service of the United States, where the trade secret was developed or maintained as a part of the official functions of the employee, or in the development or maintenance of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted the appropriate corporation owned or controlled by the United States or the head of the appropriate department or agency of the Government, as the case may be, is authorized to enter into an agreement with the owner in full settlement and compromise for the damages accruing to him by reason of such misappropriation and to settle the claim administratively out of available appropriations.
"Except as otherwise provided by law, no recovery shall be had for any misappropriation of a trade secret covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for such misappropriation in the action, except that the period between the date of receipt of a written claim for compensation by the Department or agency of the Government or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, unless suit is brought before the last-mentioned date.".
At the end of subtitle B of title VIII, add the following:
SEC. 823. 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.".
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SA 6302. Mr. HUSTED 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:
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At the end of subtitle E of title X, add the following:
SEC. 1050. 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:
(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).
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SA 6303. Mr. HUSTED 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:
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At the end of subtitle D of title XII, add the following:
SEC. 1252. REPORT ON ARTIFICIAL INTELLIGENCE POWER OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretaries, in consultation with the covered agency heads, shall submit to the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives a report on the advanced artificial intelligence capabilities of the PRC, including the efforts by the PRC relating to supply chains for advanced artificial intelligence systems.
(b) Components.--Each report required under subsection (a) shall also include the following:
(1) An assessment of integrated circuits designed or optimized for advanced artificial intelligence training or inference by leading artificial intelligence chip designers in the PRC, including Huawei Technologies Co., Ltd. and Cambricon Technologies, that includes--
(A) with respect to such integrated circuits, the--
(i) total processing power;
(ii) integer and floating point operations per second at relevant precision levels;
(iii) memory capacity and bandwidth;
(iv) interconnect bandwidth;
(v) power efficiency;
(vi) transistor count and die size;
(vii) process node used per design;
(viii) energy efficiency;
(ix) manufacturing cost and yield assumptions;
(x) ability of the integrated circuit to effectively run artificial intelligence models trained on a different chip designer's integrated circuit, including measurements such as model inference in tokens per second and cost per token with and without a software application layer that improves model translation ability;
(xi) the capability of the most advanced server configuration produced using the chip designer's integrated circuits including such technical specifications like floating point operations per second, memory capacity and bandwidth, energy efficiency, and ability to function at scale; and
(xii) any future specification that becomes relevant to the development of future artificial intelligence capability; and
(B) with respect to such chip designers--
(i) the total number and types of integrated circuits produced in the year preceding submission of such report and the projected production number for the year proceeding submission of such report;
(ii) the foundries used in the production of the integrated circuits;
(iii) the software ecosystem, including any parallel computing platforms, programming models, or development frameworks that enable accelerated computing for artificial intelligence training or inference;
(iv) the method and extent to which such integrated circuits are used in other countries, including in the United States; and
(v) the manufacturer's ability to produce a software application layer required to achieve an improved token per seconds and cost per token rate.
(2) An assessment of leading semiconductor fabrication facilities in the PRC that produce logic integrated circuits for use in advanced artificial intelligence training or inference, including such facilities owned or operated by the Semiconductor Manufacturing International Corporation, that includes, with respect to such facilities, the--
(A) total monthly production capacity per advanced process node with non-planar transistors or 16/14 nm and below and the percentage of that monthly production capacity dedicated to production of logic integrated circuits for use in advanced artificial training or inference;
(B) yield for producing such logic integrated circuits for use in advanced artificial intelligence training or inference at each facility with an assessment of that yield in industry relevant terms, such as compared to PRC firms, compared to non-PRC firms, or how many are in current industry-leading datacenters;
(C) most advanced process node under production;
(D) types and volume of semiconductor manufacturing equipment used, the country of origin for such equipment, and the export control regulatory regime under which such equipment was procured;
(E) collaborations, licit or illicit, between PRC firms or their subsidiaries and non-PRC firms and the advancements those collaborations produce for the PRC firm;
(F) progress PRC firms are making at indigenizing export controlled technologies;
(G) market share PRC firms have in the PRC and internationally; and
(H) year-over-year trends in leading semiconductor fabrication facilities during at least the preceding 5-year period;
(3) An assessment of leading semiconductor fabrication facilities in the PRC that produce memory integrated circuits used for advanced artificial intelligence training or inference, including such facilities owned or operated by ChangXin Memory Technologies or Yangtze Memory Technologies Corp., that includes--
(A) with respect to such circuits, the--
(i) most advanced generation of high-bandwidth memory, including the technical specifications and stack height;
(ii) memory cell area and memory density of other dynamic random access memory integrated circuits; and
(iii) highest number of layers in three-dimensional NOT-AND memory integrated circuits;
(B) with respect to such facilities, the--
(i) yield and total monthly production capacity for memory integrated circuits, including dynamic random access memory such as high-bandwidth memory, and NOT-AND memory; and
(ii) types and volume of semiconductor manufacturing equipment used, including the country of origin of such equipment and the export control regulatory regime such equipment was procured under.
(C) collaborations, licit or illicit, between PRC firms or their subsidiaries and non-PRC firms and the advancements those collaborations produce for the PRC firm;
(D) progress PRC firms are making at indigenizing export controlled technologies;
(E) market share PRC firms have in the PRC and internationally; and
(F) year-over-year trends in the PRC's advanced memory integrated circuit production for a minimum of the 5 previous years.
(4) An assessment of leading semiconductor manufacturing equipment companies in the PRC, including NAURA Technology Group, KINGSEMI, Advanced Micro-Fabrication Equipment Inc., Shanghai Micro Electronics Equipment, and Shenzhen SiCarrier Technologies Co., Ltd, that includes--
(A) a categorical breakdown of annual unit production volume and technical specifications, including minimum feature size, throughput, and defect rate, of all major equipment classes installed or under development for wafer production in foundries in the PRC, including--
(i) lithography tools, including photolithography, nanoimprint, and electron beam lithography tools;
(ii) etch equipment, including wet etching and dry etching;
(iii) deposition equipment, including chemical vapor deposition, physical vapor deposition, and atomic layer deposition;
(iv) cleaning systems;
(v) chemical mechanical planarization tools;
(vi) ion implantation and diffusion systems;
(vii) wafer inspection, metrology, and process control tools;
(viii) back-end packaging equipment, including wafer dicing equipment and wire bonders;
(ix) capabilities and advancements in advanced packaging technologies;
(x) thermal processing equipment;
(xi) bonding equipment, including thermo compression bonders and hybrid bonders;
(xii) environmental control systems;
(xiii) laser systems; and
(xiv) reticle and photomask writing and inspection tools;
(B) the country of origin and supplier company for each piece of semiconductor manufacturing equipment used in foundries in the PRC for advanced-node logic or high-bandwidth memory production by such companies;
(C) the foreign-sourced subcomponents integrated into the semiconductor manufacturing equipment produced by such companies, including precision motion stages, lasers, electrostatic chucks, optical systems, radio frequency generators, or extreme-purity gas handling systems;
(D) collaborations, licit or illicit, between PRC firms or their subsidiaries and non-PRC firms and the advancements those collaborations produce for the PRC firm;
(E) progress PRC firms are making at indigenizing export controlled technologies;
(F) market share PRC firms have in the PRC and internationally; and
(G) year-over-year trends in leading semiconductor manufacturing equipment companies in the PRC for a minimum of the 5 previous years.
(5) An assessment of electronic design automation (EDA) software used in the design of integrated circuits for advanced artificial intelligence applications in the PRC, including software developed or provided by leading PRC EDA companies such as Empyrean Technology Co., Ltd.
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and Primarius Technologies Co., Ltd., that includes--
(A) with respect to such software tools, the--
(i) range of design stages supported, including front-end design such as architecture and register-transfer level design, logic synthesis, verification, physical design, place-and-route, timing closure, and final signoff;
(ii) compatibility with advanced process nodes, including sub-7 nanometer technologies, gate-all-around devices, and three-dimensional integration;
(iii) capabilities for designing artificial intelligence-specific components of such integrated circuits, including tensor processing cores, systolic array processing units, matrix multiplier units, and high-bandwidth memory interfaces;
(iv) ability to model and optimize for power, performance, and thermal constraints in artificial intelligence workloads;
(v) scale and performance of the software in handling large designs, such as chips exceeding 50-100 billion transistors; and
(vi) integration with cloud compute resources or distributed workflows for large-scale artificial intelligence chip development;
(B) with respect to such companies, the--
(i) total market share within the PRC and internationally, including the share of advanced-node integrated circuits designed or optimized for advanced artificial intelligence training or inference designs supported by each company; and
(ii) types, volume, and origin of critical technology components used in software development, including intellectual property cores, third-party libraries, verification suites, and artificial intelligence-assisted optimization algorithms;
(C) progress PRC firms are making at indigenizing export-controlled or foreign-origin technologies used in EDA, including high-performance computing integration, advanced verification engines, and proprietary intellectual property cores;
(D) year-over-year trends for the PRC's EDA industry over a minimum of the previous 5 years, including technology adoption, market share, and software capability evolution; and
(E) identification of technical gaps relative to leading global EDA providers, particularly in relation to artificial intelligence-focused design, advanced nodes, and large-scale verification.
(6) An assessment of the advanced artificial intelligence models determined by the Secretaries to be the most relevant to the national security of the United States that were developed by artificial intelligence laboratories or companies based in the PRC, especially those laboratories and companies affiliated with the People's Liberation Army or any university in the PRC, including the most advanced models, open-weight and closed-weight models, based on model size, total compute used during training, benchmark performance, and any other advanced capabilities the Secretaries determine relevant, that includes, with respect to each such model--
(A) the number of model parameters;
(B) the total training compute used, measured in floating-point operations and their relevant precision level;
(C) the model performance on benchmark tasks;
(D) an evaluation of the extent to which the model exhibits advanced cyber offensive capabilities, an advanced understanding of biological and virological application domains, and the ability to substantially automate or accelerate artificial intelligence research, and a comparison of such models to the most advanced artificial intelligence models from United States developers;
(E) if the model is open-weight, an evaluation of the files provided and the security implications of following the developer's deployment instructions;
(F) a description of the algorithmic alignment training used;
(G) the type and scale of compute infrastructure used in training and inference, including the cluster configurations, the number and type of integrated circuits specifically designed or optimized for advanced artificial intelligence training or inference, how such integrated circuits were acquired and from which companies, where those clusters are located, and how they are being accessed;
(H) the manner and extent to which the model is used throughout society in the PRC, including throughout the following industries or sectors:
(i) the People's Liberation Army;
(ii) the surveillance and intelligence collection functions of the CCP, including the genocide of Uyghur Muslims and other religious and ethnic minorities in the Xinjiang Uyghur Autonomous Region;
(iii) the Government of the PRC;
(iv) business and finance;
(v) education;
(vi) healthcare;
(vii) critical infrastructure sectors, including the power grid and transportation; and
(viii) any other sectors that the Secretaries determines to be relevant, such as high-risk industries where artificial intelligence failure would have outsized safety or mission consequences.
(I) whether and where such models are deployed for public use, including API access or mobile app deployment;
(J) the manner and extent to which such models are diffused in other countries, including the United States;
(K) the alignment of those models to CCP propaganda;
(L) the potential of those models to inject or create vulnerabilities for users or other ways they could be used to further CCP national security objectives;
(M) an assessment of global market share of PRC models and the effect that global market share is enabling the PRC to set artificial intelligence hardware or software standards; and
(N) the total number of tokens inferenced globally using the model, the types of hardware utilized for such inference and the percent breakdown between company of origin for such hardware, and the percentage of global inferenced tokens attributable to the model.
(7) An assessment of emerging artificial intelligence research in the PRC, based on indicators such as academic publications, patent filings, and research funding, including--
(A) the development of novel artificial intelligence algorithms and techniques, including advancements in reinforcement learning, natural language processing, or computer vision, with a focus on algorithms and techniques most relevant for developing or deploying the most advanced artificial intelligence systems;
(B) advancements in hardware designed to enhance artificial intelligence capabilities, including custom integrated circuits, quantum computing technologies, or neuromorphic computing systems, with a focus on hardware advancements most relevant for developing or deploying the most advanced artificial intelligence systems;
(C) the scale and focus of research efforts, including the number of researchers, institutions, and collaborations involved, and the funding levels and sources, with a focus on those most relevant for developing or deploying the most advanced frontier artificial intelligence systems;
(D) an evaluation of the potential impact of such research on future artificial intelligence capabilities relevant to national security competitiveness; and
(E) a description of licit or illicit methods or tactics such as unauthorized model distillation used by PRC entities to steal non-PRC artificial intelligence related intellectual property.
(8) An assessment of the aggregate public funding and capital flows supporting artificial intelligence development in the PRC, including--
(A) the sum total of the PRC's national, provincial, and municipal investment in artificial intelligence;
(B) subsidies that are underwriting the costs of artificial intelligence development in areas such as compute, infrastructure, water, and energy;
(C) an assessment of foreign capital investments, including the total amount invested and a breakdown by entity, including the country of origin and the amount invested; and
(D) an assessment of the PRC entities that have received the funding, including the name of the entity and the amount of funding received.
(9) The aggregate artificial intelligence computational capacity in the PRC, including--
(A) a detailed analysis of computational capacity of the 5 most capable PRC entities, including the number and types of integrated circuits and server systems used and their aggregate computational power;
(B) the countries and companies with respect to which the PRC sourced its computational capacity; and
(C) the locations and specifications, including energy and computational capacity, of datacenters used for advanced artificial intelligence training and inference.
(10) An assessment of leading humanoid robot manufacturers in the PRC, including Unitree Robotics and Fourier, that includes--
(A) with respect to such manufacturers, the--
(i) production capacity per year; and
(ii) unit cost and pricing trends for such robots intended for commercial deployment; and
(B) with respect to the humanoid robots produced by such manufactures--
(i) the number, type, and country and company of origin of the semiconductor components, including integrated circuits, used to build, run, or train such robots;
(ii) the country and company of origin and the technical specifications of critical components used in such robots, including actuators, sensors, and battery systems, and if not PRC, the progress toward indigenization;
(iii) a description of the tasks such robots can perform;
(iv) whether such robots are teleoperated, operated through hard-coded instructions, or function autonomously using artificial intelligence models;
(v) whether inference is performed locally or via remote cloud services;
(vi) the number of such robots deployed across the PRC, including in the military, manufacturing, logistics, health care, security, and personal assistance sectors;
(vii) the extent to which, and ways in which, such robots are diffused in other countries, including in the United States; and
(viii) an assessment of the cybersecurity and other vulnerabilities of PRC origin robotic systems.
(11) An assessment of the most advanced or widely used artificial intelligence-powered applications developed by PRC entities or built on PRC artificial intelligence models, including--
(A) the artificial intelligence models used to power these applications, including the company and country of origin for each model and whether the models are open-weight or closed-weight;
(B) the means of deployment and the extent to which such applications are used, including in the United States;
(C) the purposes, capabilities, and promoted uses of the applications;
(D) an analysis of how data collected or generated by the applications is used, including for artificial intelligence model training, surveillance, or other national security-relevant purposes; and
(E) an evaluation of the potential risks posed by these applications to United States national security, foreign policy objectives, or data privacy.
(12) An assessment of the regulatory framework governing artificial intelligence development, deployment, and usage in the PRC, that includes--
(A) the explicit restrictions on artificial intelligence models, including laws, regulations, and government policies that directly limit or control the development, deployment, or use of artificial intelligence models in the PRC;
(B) an analysis of the implicit restrictions on artificial intelligence models, including censorship, data access limitations, or other indirect controls that may constrain artificial intelligence model capabilities;
(C) how such explicit and implicit restrictions impact the development, deployment, and diffusion of artificial intelligence models both within the PRC and internationally, including the effects on innovation, competitiveness, and national security;
(D) an analysis of efforts by the CCP to acquire greater insight into advanced artificial intelligence and reduce strategic surprise, such as efforts that require advanced artificial intelligence developers to disclose information about artificial intelligence systems or provide models to government entities;
(E) an analysis of efforts in the PRC to assess or mitigate national
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security or public safety threats from advanced artificial intelligence systems, including efforts to prevent loss of control from autonomous artificial intelligence systems; and
(F) the goals for artificial intelligence development explicitly and implicitly stated by the CCP.
(13) An assessment of the PRC's global artificial intelligence standards diplomacy efforts, including--
(A) mapping the fora where PRC actors aimed to shape global standards;
(B) outlining key policy objectives of PRC;
(C) jurisdictions where PRC-promoted standards, model laws, guidance, or procurement criteria have been adopted or referenced;
(D) the effects on procurement and vendor eligibility; and
(E) opportunities for the United States to shape global artificial intelligence standards and counter PRC efforts when they run contrary to United States interest.
(14) An assessment of the degree to which PRC entities remotely accessed artificial intelligence computational resources, including through cloud services, international data centers, or through circumvention or avoidance of United States export controls.
(15) An assessment of the methods, pathways, quantities, and companies and countries of origin of United States-controlled integrated circuits specifically designed or optimized for advanced artificial intelligence training or inference, including graphics processing units or application-specific integrated circuits, that have been diverted to mainland the PRC, the estimated total compute capacity enabled through these chip diversions, and the percent of the PRC's total compute capacity enabled through these chip diversions.
(16) An assessment of the effectiveness of United States export controls in restricting access by the PRC to artificial intelligence-relevant technologies, including an identification of loopholes within United States export controls and recommendations for legislative and administrative action to strengthen export controls and enforcement that is consistent with United States national security and foreign policy objectives.
(c) Prioritization.--In conducting the assessments required under subsection (b), the Secretaries shall prioritize the identification and analysis of--
(1) semiconductors, semiconductor manufacturing equipment, and critical components of semiconductor manufacturing equipment that are, or are likely to become, critical to the supply chains for the training or inference of the most advanced artificial intelligence systems; and
(2) items that enable or could enable advanced model performance, are associated with systems that pose significant national security or strategic implications to the United States, or are likely to be foundational to the development of future advanced artificial intelligence systems, including those not yet deployed or publicly disclosed.
(d) Reference Class.--Where applicable, the Secretaries shall provide context to all statistics regarding the PRC's artificial intelligence power in the report by presenting the PRC's capabilities and production numbers in comparison to relevant United States and partner country production numbers and capabilities.
(e) Coordination With Expert Entities.--In carrying out this section, the Secretaries may consult and coordinate with other Federal departments and agencies, private industry or research organizations, Federally funded research and development centers, national laboratories, academic institutions, relevant media outlets, or any other entities with expertise in semiconductor technologies, artificial intelligence, or national security that the Secretaries determine relevant.
(f) Avoidance of Duplication.--In carrying out this section, the Secretaries shall, to the maximum extent practicable, leverage existing and ongoing assessments, analyses, intelligence products, collection efforts, and reporting produced by covered agency heads and other Federal departments and agencies, including elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), to avoid unnecessary duplication of Federal efforts.
(g) Form.--The report required by subsection (a) shall be submitted in unclassified form and may contain a classified annex.
(h) Mandatory Unclassified Elements.--In the unclassified portion of the report required under subsection (a), the Secretaries shall include, subject to the appropriate treatment of classified information and protection of sources and methods--
(1) the number of integrated circuits specifically designed or optimized for advanced artificial intelligence training or inference produced by leading entities in the PRC in the year preceding submission of such report;
(2) the projected production numbers of integrated circuits from the PRC specifically designed or optimized for advanced artificial intelligence training or inference, including identification of foundries responsible for such production, for the year proceeding submission of such report; and
(3) the extent to which and ways artificial intelligence-relevant technologies in the PRC, including integrated circuits, models, semiconductor manufacturing equipment, and humanoid robots are diffused in other countries, including the United States.
(i) Definitions.--In this section:
(1) CCP.--The term "CCP" means the Chinese Communist Party.
(2) Covered agency heads.--The term "covered agency heads" means the--
(A) Secretary of Defense;
(B) Secretary of Energy;
(C) Director of National Intelligence;
(D) Director for the White House Office of Science and Technology Policy; and
(E) head of any other relevant Federal department or agency the Secretary determines necessary.
(3) PRC.--The term "PRC" means the People's Republic of China.
(4) Secretaries.--The term "Secretaries" means the Secretary of Commerce and the Secretary of State.
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SA 6304. Mr. GRAHAM 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. HISTORIC NAVAL SHIP PRESERVATION GRANT PROGRAM.
(a) Establishment.--There is established in the Department of the Interior the Historic Naval Ship Preservation Grant Program to support the physical preservation of historic military vessels, ensuring the continued availability of these vessels to the American public to educate on the past and inspire the future of United States military maritime endeavors.
(b) Administration.--The Program shall be administered by the Secretary, in consultation with the Department of Homeland Security and the Department of Defense.
(c) Grant Uses.--In carrying out the Program, the Secretary may award grants, on a competitive basis, to eligible entities for the following activities:
(1) Conserving and preserving historic military vessels at covered sites, including--
(A) physical upkeep and repair of the vessels; and
(B) mitigating environmental hazards or damage to the vessels.
(2) Implementing education and workforce development programs related to military maritime careers, including shipbuilding and submarine construction.
(d) Eligible Entities.--
(1) In general.--In carrying out the Program, the Secretary may award grants to a unit of State or local government or a private nonprofit organization that administers a covered site.
(2) Application.--To be eligible for a grant under the Program, an organization that administers a covered site shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the Program $5,000,000 for fiscal year 2026 and each fiscal year thereafter.
(f) Definition.--In this section:
(1) Covered site.--The term "covered site" means a museum, memorial, monument, educational center, or other venue that provides public access to, or publicly displays, a historic military vessel.
(2) Historic military vessel.--The term "historic military vessel" means a vessel
that has been decommissioned or otherwise removed from service and--
(A) was owned and operated by the Department of Defense or the Coast Guard, other than a time- or voyage-chartered vessel;
(B) was owned and operated by the Department of Transportation and designated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in subparagraph (A); or
(C) was built for, or pursuant to a contract with, the United States Maritime Commission or other legacy branch of the Department of Transportation and at some point in the vessel's service was equipped with armaments and embarked Navy Armed Guard personnel to operate the armaments.
(3) Program.--The term "Program" means the Historic Naval Ship Preservation Grant Program established by subsection (a).
(4) Secretary.--The term "Secretary" means the Secretary of the Interior, acting through the Director of the National Park Service.
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SA 6305. Mr. GRAHAM 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:
Text printed in the Record (2,102 characters)
At the appropriate place in subtitle B of title X, insert the following:
SEC. __. SENSE OF CONGRESS ON NAMING A NAVY SHIP IN HONOR OF
THE BATTLE OF COWPENS.
(a) Findings.--Congress makes the following findings:
(1) On January 17, 1781, at the Battle of Cowpens, near Chesnee, South Carolina, American forces engaged British forces as part of the Southern Campaign of the American Revolution.
(2) The defeat of British forces at the Battle of Cowpens "became known as the turning point of the war in the South" and was "part of a chain of events leading to Patriot victory at Yorktown".
(3) The United States Navy has named two warships after the consequential Battle of Cowpens.
(4) The first USS Cowpens (CVL-25) was an Independence-class light aircraft carrier and received 12 battle stars and a Navy Unit Commendation for service to the United States during World War II.
(5) The USS Cowpens (CVL-25) was known by the nickname the "Mighty Moo".
(6) During service in the Pacific theater in World War II, the Mighty Moo conducted 2,452 action sorties, destroyed 306 enemy aircraft, sank 39 enemy merchant vessels, and became the first light aircraft carrier to enter Tokyo Bay.
(7) On March 9, 1991, in Charleston, South Carolina, the United States Navy commissioned the second USS Cowpens (CG-63).
(8) The crew of the USS Cowpens (CG-63) proudly carried on the tradition of calling the second vessel in the United States Navy to be named after the Battle of Cowpens the "Mighty Moo".
(9) Throughout 33 years of service, the USS Cowpens (CG-63) deployed in support of Operation Enduring Freedom and Operation Iraqi Freedom as well various humanitarian and disaster relief operations.
(10) The USS Cowpens (CG-63) was decommissioned in 2024.
(11) There is currently no ship in the United States Navy that carries the name and tradition of the "Mighty Moo".
(b) Sense of Congress.--It is the sense of Congress that the Secretary of the Navy should name an appropriate United States Navy ship in honor of the pivotal American Revolutionary battle known as the "Battle of Cowpens".
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SA 6306. Mr. CORNYN (for himself and Ms. Cortez Masto) 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:
Text printed in the Record (3,445 characters)
At the appropriate place in subtitle G of title X, insert the following:
SEC. __. INFORMATION ON CONCUSSION AND TRAUMATIC BRAIN INJURY
AMONG PUBLIC SAFETY OFFICERS.
Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393D of such Act the following:
"SEC. 393E. INFORMATION ON CONCUSSION AND TRAUMATIC BRAIN
INJURY AMONG PUBLIC SAFETY OFFICERS.
"(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall collect and make publicly available information on concussion and traumatic brain injury among public safety officers, including research related to evidence-based practices and personal protective equipment recommendations, and medical information related to diagnosing, protocols for identifying and treating, and measures for reducing the incidence of concussion and traumatic brain injury among public safety officers.
"(b) Dissemination of Information.--
"(1) In general.--For purposes of making information available under subsection (a), the Secretary shall--
"(A) update the website of the Centers for Disease Control and Prevention with respect to traumatic brain injury; and
"(B) develop other means to disseminate such information to--
"(i) medical professionals and public health professionals, to improve care and treatment services provided to public safety officers suffering from concussion or traumatic brain injury;
"(ii) public safety employers and employee representatives, to improve strategies and practices to reduce the incidence of concussion and traumatic brain injury resulting from firefighting, fire protection, law enforcement, and other public safety activities;
"(iii) mental health professionals, to develop a better understanding of the link between concussion and traumatic brain injury and conditions such as trauma and stress related disorders, mood disorders, and suicidal ideations;
"(iv) patients and their families, to improve awareness of health care specialists in the area of concussion and traumatic brain injury, and to improve patient understanding of the effects of concussion and traumatic brain injury; and
"(v) institutions of higher education, including medical schools and schools of public health, and other researchers.
"(2) Consultation.--In developing the website under paragraph (1), the Secretary shall consult with the individuals and entities described in clauses (i) through (v) of paragraph (1)(B) to ensure that information collected and disseminated best meets the needs of the public safety community in terms of content, quality, and utility.
"(3) Additional dissemination activities.--The Secretary may disseminate information described in subsection (a) through arrangements with nonprofit organizations, labor organizations and employee representatives, other governmental organizations or entities, and the media.
"(c) Authorized Activities.--In carrying out this section, the Secretary may support public and private efforts to identify and create model guidelines, protocols, and evidence-based practices to treat concussion and traumatic brain injury in public safety officers, including through grants, contracts, or cooperative agreements.
"(d) Definition.--In this section, the term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968.".
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SA 6307. 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:
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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 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), by striking "Funds available" through "for that year" and inserting "The Secretary concerned may use funds from any available source to pay for installation-support services"; 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 `Federal agency' means any department, independent establishment, commission, authority, board bureau, office, administrative unit, or other entity of the Federal Government.
"(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.".
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SA 6308. Mr. CRUZ 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:
Text printed in the Record (2,672 characters)
At the end of subtitle B of title III, add the following:
SEC. 320C. SHARING OF DEPARTMENT OF DEFENSE ENVIRONMENTAL
OBSERVATIONAL DATA.
(a) Requirement.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense, and the Secretary of Commerce in coordination with the Secretary of the Navy, the Secretary of the Air Force, and the Under Secretary of Commerce for Oceans and Atmosphere, shall establish a process under which the Secretary of Defense, on a continual or recurring basis, shall review and share environmental observational data collected by the Department of Defense with the National Oceanic and Atmospheric Administration for the purposes of improving weather, ocean, space weather forecasting, or any other mission area of the National Oceanic and Atmospheric Administration, as determined by the Secretary of Defense.
(b) Data Eligible for Sharing.--The process established under subsection (a) shall identify real-time, near real-time, and longer-time series environmental observational data that--
(1) may improve weather, ocean, or space weather forecasts;
(2) is able to be released in an unclassified or declassified form;
(3) is free from redistribution restrictions in contract or other written agreements; and
(4) can be shared in standard machine-readable formats and includes metadata.
(c) Declassification Review.--In establishing the process under subsection (a), the Secretary of Defense shall establish procedures to review environmental observational data for potential declassification or release in a manner that protects sensitive sources and methods and preserves the security of ongoing operations.
(d) Distribution Limitations for National Security.--In establishing the process under subsection (a), the Secretary of Defense and the Secretary of Commerce shall establish procedures to review options and appropriate mechanisms to conditionally limit distribution of certain military environmental observational data provided under this section during a national security crisis or war to deny adversary use of such data while maintaining access by United States civil agencies and non-adversarial nations.
(e) Report to Congress.--Not later than two years after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Commerce shall jointly submit to Congress a report describing--
(1) categories of environmental observational data identified for potential sharing under subsection (a);
(2) barriers to declassification or release of such data; and
(3) recommendations to improve interagency data sharing and any other relevant recommendations.
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SA 6309. Ms. ERNST (for herself, Mr. Coons, Mr. Young, Mr. Husted, Ms. Cortez Masto, and Mr. Scott of South Carolina) 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:
Text printed in the Record (5,313 characters)
At the appropriate place, insert the following:
SEC. ___. INCREASED LOAN LIMITS FOR SMALL MANUFACTURERS.
(a) Definitions.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:
"(gg) Small Manufacturer.--In this Act, the term `small manufacturer' means a small business concern--
"(1) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and
"(2) all of the production facilities of which are located in the United States.".
(b) Small Business Act Loan Limits for Small Manufacturers.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)--
(i) by inserting "except as provided in subparagraph (B)," before "if the total";
(ii) by striking "would exceed $3,750,000" and inserting the following: "would exceed--
"(i) $3,750,000";
(iii) in clause (i), as so designated, by striking ", except as provided in subparagraph (B);" and inserting "; or"; and
(iv) by adding at the end the following:
"(ii) in the case of a borrower that is a small manufacturer, $7,500,000 (or if the gross loan amount would exceed $10,000,000);"; and
(B) in subparagraph (B)--
(i) by striking "would exceed $4,500,000" and inserting the following: "would exceed--
"(i) $4,500,000";
(ii) in clause (i), as so designated, by striking "section 7(a)(14) for export purposes; and" and inserting "paragraph (14) for export purposes; or"; and
(iii) by adding at the end the following:
"(ii) in the case of a borrower that is a small manufacturer, $9,000,000 (or if the gross loan amount would exceed $10,000,000), of which not more than $8,000,000 may be used for working capital, supplies, or financings under paragraph (14) for export purposes; and"; and
(2) in paragraph (14)(B)(i), by striking "than $5,000,000." and inserting the following: "than--
"(I) except as provided in subclause (II), $5,000,000; or
"(II) in the case of a loan made to a small manufacturer, $10,000,000.".
(c) Small Business Investment Act of 1958 Loan Limits for Small Manufacturers.--Section 502(2)(A)(iii) of the Small Business Investment Act (15 U.S.C. 696(2)(A)(iii)) is amended by striking "$5,500,000" and inserting "$10,000,000".
(d) Inspector General Analysis.--Not later than 2 years after the date of enactment of this Act, the Inspector General of the Small Business Administration shall--
(1) conduct an analysis on the cohort of loans made under the amendments made by subsections (b) and (c) of this section during the 1-year period beginning on such date of enactment to determine--
(A) the projected default rate;
(B) the early default rate; and
(C) whether the loan limit increases under the amendments made by subsections (b) and (c) introduce additional risk, such as increased default amounts, larger guaranty purchase amounts, or other potential impacts to the requirement that the loan programs under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) operate at no cost to the Government; and
(2) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the analysis under paragraph (1).
(e) Job Creation and Retention Report.--
(1) Definitions.--In this subsection--
(A) the term "Administrator" means the Administrator of the Small Business Administration;
(B) the term "larger loan" means--
(i) a loan made or guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for which--
(I) the total amount outstanding and committed to the borrower from the business loan and investment fund established by the Small Business Act (15 U.S.C. 631 et seq.) is more than $3,750,000; or
(II) the gross loan amount is more than $5,000,000; or
(ii) a loan made under section 502(2)(A)(iii) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)(iii)) for which the gross loan amount is more than $5,500,000; and
(C) the term "small manufacturer" has the meaning given that term in subsection (gg) of section 3 of the Small Business Act (15 U.S.C. 632), as added by subsection (a) of this section.
(2) Annual reports.--With respect to the year during which this Act is enacted, and each of the next 4 years, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding larger loans to small manufacturers, broken out by whether the loan was made under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or section 502(2)(A)(iii) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)(iii)), which shall include--
(A) the quotient obtained by dividing--
(i) the total dollar amount of larger loans awarded to small manufacturers during the applicable year; by
(ii) the number of jobs that were created or retained by a small manufacturer during the applicable year as a result of the receipt of a larger loan; and
(B) an analysis of whether the award of larger loans to small manufacturers prevented the loss of jobs by employees of small manufacturers.
______
SA 6310. Mr. MORAN (for himself and Ms. Cortez Masto) 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:
Text printed in the Record (4,621 characters)
At the end of subtitle G of title X, add the following:
SEC. 10__. ASSESSMENT AND REPORT ON THE SUPPLY CHAIN FOR THE
GENERATION AND TRANSMISSION OF ELECTRICITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Energy and Commerce of the House of Representatives.
(2) Critical material.--The term "critical material" has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(3) Electric reliability organization.--The term "Electric Reliability Organization" has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(4) Electric utility.--The term "electric utility" has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(5) Foreign entity of concern.--The term "foreign entity of concern" has the meaning given the term in section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)).
(6) Generation and transmission supply chain.--
(A) In general.--The term "generation and transmission supply chain" means the supply chain for the generation and transmission of electricity.
(B) Inclusions.--The term "generation and transmission supply chain" includes components for or related to generating or transmitting electricity, including--
(i) the manufacturing capacity and workforce necessary to produce those components; and
(ii) the exploration, development, production, or processing of the critical materials necessary to produce those components.
(7) Relevant stakeholder.--
(A) In general.--The term "relevant stakeholder" means a stakeholder that is involved in--
(i) the generation, storage, transmission, or distribution of electricity; or
(ii) the supply chain for such generation, storage, transmission, or distribution.
(B) Inclusions.--The term "relevant stakeholder" includes--
(i) an electric utility;
(ii) an electric grid component manufacturer;
(iii) a person who constructs an electric generating facility;
(iv) an electric power system cybersecurity expert;
(v) the Electric Reliability Organization;
(vi) a ratepayer advocacy stakeholder; and
(vii) any other related private sector stakeholder.
(8) Secretary.--The term "Secretary" means the Secretary of Energy.
(b) Assessment.--In carrying out the requirements of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), the Secretary, in consultation with relevant stakeholders, shall conduct periodic assessments of the generation and transmission supply chain for purposes of monitoring the generation and transmission supply chain.
(c) Report.--Not later than 1 year after the date of enactment of this Act, and periodically thereafter, the Secretary shall submit to the appropriate committees of Congress a report on the most recent assessment conducted under subsection (b).
(d) Requirements.--Each report under subsection (c) shall--
(1) include information on--
(A) efforts and opportunities to strengthen, secure, and expand the generation and transmission supply chain;
(B) any trends, risks, and vulnerabilities in the supply, demand, and availability of components for or related to generating or transmitting electricity, including components that are necessary for the construction or deployment of facilities that generate or transmit electricity;
(C) national security and energy security considerations for strengthening, securing, and expanding the generation and transmission supply chain;
(D) barriers to expanding--
(i) the capacity to manufacture components for or related to generating or transmitting electricity in the United States; and
(ii) the capacity to process critical materials in the United States;
(E) domestic policies that deter or otherwise inhibit greater investment into the generation and transmission supply chain;
(F) the effects of any reliance of the United States on any foreign entity of concern for--
(i) components for or related to generating or transmitting electricity; and
(ii) the exploration, development, or production of critical materials necessary for manufacturing such components; and
(G) workforce challenges affecting the generation and transmission supply chain;
(2) identify emerging issues in the generation and transmission supply chain; and
(3) include recommendations--
(A) to address any emerging issues identified under paragraph (2); and
(B) to secure and expand the generation and transmission supply chain.
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SA 6311. Mr. MORAN 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:
Text printed in the Record (2,629 characters)
At the end of subtitle D of title VI, add the following:
SEC. 639. MODIFICATION OF BENEFITS AND SERVICES FOR SURVIVING
SPOUSES WHO REMARRY.
(a) Continued Eligibility for Survivor Benefit Plan.--Section 1450 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in the section heading, by striking ", Remarriage Before Age 55, etc.";
(B) in paragraph (2)--
(i) in the paragraph heading, by striking "or remarriage before age 55"; and
(ii) by striking "or, if the surviving spouse or former spouse remarries before reaching age 55, until the surviving spouse or former spouse remarries"; and
(C) by striking paragraph (3) and inserting the following new paragraphs:
"(3) Effect of termination of subsequent marriage.--If the surviving spouse or former spouse remarries and is also entitled to an annuity under the Plan based upon the subsequent marriage when the subsequent marriage is terminated, the surviving spouse or former spouse may not receive both annuities and shall elect which annuity to receive.
"(4) Restoration of annuity for certain surviving spouses.--In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of this paragraph, the Secretary shall resume payment of the annuity to that surviving spouse--
"(A) except as provided by subparagraph (B), for each month that begins on or after the date that is one year after such date of enactment; or
"(B) on the first day of the first month beginning after such date of enactment, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019."; and
(2) in subsection (k)(1)--
(A) in the paragraph heading, by striking "if beneficiary 55 years of age or more";
(B) by striking "subsequently loses" and inserting "lost"; and
(C) by striking ", and if at the time of such remarriage the surviving spouse or former spouse is 55 years of age or more" after "former spouse".
(b) Expansion of Definition of Dependent Under TRICARE Program to Include a Remarried Widow or Widower Whose Subsequent Marriage Has Ended.--Section 1072(2) of title 10, United States Code, is amended--
(1) in subparagraph (H), by striking "; and" and inserting a semicolon;
(2) in subparagraph (I)(v), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment.".
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SA 6312. Mr. MORAN 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:
Text printed in the Record (2,051 characters)
At the appropriate place, insert the following:
SEC. __. PRODUCTION OF 155MM ARTILLERY AMMUNITION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) production of 155mm artillery ammunition at a minimum rate of at least 100,000 rounds per month should be a national priority;
(2) the production rate described in paragraph (1) should be sustained or increased over the next five years in order to--
(A) fully meet all Army and Marine Corps annual training requirements;
(B) fully restore stocks that were diverted to Ukraine;
(C) rebuild war reserve inventories for both the Army and the Marine Corps to fully meet Secretary of Defense planning guidance and associated inventory and war reserve levels;
(D) modernize the stockpile with the best performing weapons; and
(E) regain world leadership through foreign military sales of United States ammunition that not only generates United States jobs but also ensures wartime interoperability with our allies; and
(3) the Department of Army should be commended for its aggressive and comprehensive leadership and response to 155mm artillery production issues since 2022.
(b) Use of Funds.--Funds authorized to be appropriated by this Act or appropriated by section 20004 of the Act entitled "An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14", approved July 4, 2025 (Public Law 119-21; 139 Stat. 115) (commonly known as the "One Big Beautiful Bill Act") shall be used to--
(1) sustain or increase the monthly production rate of 155mm artillery ammunition with the goal of achieving the Army's 100,000-round monthly minimum goal as quickly as possible; and
(2) maintain or increase the monthly production rate in each ongoing 155mm artillery production contract that was in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) annually until Secretary of Defense planning guidance and associated inventory and war reserve objectives for 155mm artillery ammunition are achieved.
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SA 6313. Mr. MORAN 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:
Text printed in the Record (2,791 characters)
At the appropriate place in title I, insert the following:
SEC. __. ROADMAP FOR B-1 BOMBER AIRCRAFT FORCE STRUCTURE AND
TRANSITION.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a comprehensive roadmap detailing the readiness, future need, basing, and modernization needs of the B-1 bomber aircraft fleet.
(b) Elements.--The roadmap required by subsection (a) shall include the following:
(1) A detailed schedule and rationale for the planned divestment of B-1 bomber aircraft, including--
(A) a phased retirement timeline, location-specific retirement plans for affected installations, and infrastructure disposition;
(B) an assessment of resulting capability gaps and mitigation strategies; and
(C) the budgetary and manpower impacts across the retirement timeline.
(2) A strategy for maintaining the readiness of the B-1 bomber aircraft fleet during the reactivation period, including--
(A) an update on current avionics and mission systems modernization; and
(B) a review of the conventional weapons integration roadmap.
(3) A feasibility assessment, in coordination with the Chief of the National Guard Bureau and the Director of the Air National Guard, for transitioning part of or all B-1 bomber aircraft operations to units of the Air National Guard.
(4) An assessment of how the force structure of B-1 bomber aircraft supports continuity of long-range conventional strike capacity, including an analysis of --
(A) the role of B-1 bomber aircraft in current operational plans; and
(B) the extent to which a Guard-integrated force can fulfill requirements under those plans during transition.
(5) A detailed, integrated timeline with key milestones for each of the elements described in paragraphs (1) through (4), including--
(A) programmatic decision points requiring approval by the Secretary of the Air Force or the Office of the Secretary of Defense;
(B) congressional notification requirements associated with basing changes or aircraft retirements under section 2687 of title 10, United States Code, or other applicable statutes;
(C) resourcing requirements by fiscal year and program objective memorandum alignment;
(D) risk assessments for each phase of the transition; and
(E) key interdependencies between transition milestones for the B-1 bomber aircraft and related force structure actions of the Air National Guard.
(c) Consultation.--In preparing the roadmap required by subsection (a), the Secretary of the Air Force shall consult with the Commander of the Air Force Global Strike Command, the Commander of the Air Combat Command, the Chief of the National Guard Bureau, and the Director of the Air National Guard.
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SA 6314. Mr. MORAN (for himself and Mr. Schiff) 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:
Text printed in the Record (484 characters)
At the appropriate place in title I, insert the following:
SEC. __. 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.
SA 6315. Mr. MORAN 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:
Text printed in the Record (1,289 characters)
At the end of subtitle A of title III, add the following:
SEC. 302. POINT DEFENSE BATTLE LAB (PDBL) PROGRAM.
(a) In General.--Of the amounts made available by this Act for the Department of Defense for Operation and Maintenance, Air Force Operating Forces, Air Operations Training, $10,000,000 shall be made available for the Point Defense Battle Lab (PDBL) program.
(b) Air Combat Command Funding.--Of the amounts made available by subsection (a) for the Point Defense Battle Lab (PDBL) program, $5,000,000 shall be made available to the National Guard Bureau for operation and maintenance procurement and operational activities in conjunction with Air Combat Command (ACC).
(c) Use of Funds.--Amounts made available by this section should be utilized to support the National Guard Bureau in pursuing necessary upgrades to test and training facilities to best complement the counter-UAS mission set of the active-duty component conducting PDBL on behalf of ACC.
(d) Budget.--In order to help Congress consider future funding priorities of ACC and NGB in the counter-UAS mission context, not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a detailed budget and execution milestones for the PDBL program.
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SA 6316. Mr. MORAN (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:
Text printed in the Record (1,376 characters)
At the appropriate place in title III, insert the following:
SEC. 3__. EXPANSION OF AUTHORITY OF DEPARTMENT OF DEFENSE FOR
INTERGOVERNMENTAL SUPPORT AGREEMENTS.
Section 2679 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking "provided in subsection (a)" and inserting "under paragraph (1)"; and
(B) by adding at the end the following new paragraph:
"(5) In entering into or carrying out an intergovernmental support agreement under paragraph (1), the Secretary concerned or the State, local, or tribal government, as the case may be, may agree to partner or collaborate with another Federal agency or agencies to provide, receive, or share installation-support services.";
(2) in subsection (c), by striking the first sentence and inserting the following: "To pay the costs of installation-support services under an intergovernmental support agreement under this section, the Secretary concerned may use funds available to the Secretary concerned for operation and maintenance, research, development, test, and evaluation, procurement of ammunition, or military construction and may use non-appropriated funds available to the Secretary concerned."; and
(3) in subsection (f)(1), by inserting ", including those for repair, construction, maintenance, or operation of a facility," after "for its own needs".
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SA 6317. Ms. SLOTKIN 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:
Text printed in the Record (1,798 characters)
At the end of subtitle B of title XII, add the following:
SEC. 1218. PROHIBITION ON USE OF TAXPAYER DOLLARS FOR
RECONSTRUCTION AND ECONOMIC DEVELOPMENT FUND
FOR IRAN.
(a) Sense of Congress.--It is the sense of Congress that no taxpayer dollars should be used to establish, support, finance, administer, contribute to, or otherwise facilitate any fund or plan for the reconstruction and economic development of the Islamic Republic of Iran, including the $300,000,000,000 fund for the reconstruction and economic development of the Islamic Republic of Iran outlined in Islamabad Memorandum of Understanding between the Islamic Republic of Iran and the United States of America signed by President Trump on June 17, 2026 .
(b) Prohibition.--None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended to establish, support, finance, administer, contribute to, facilitate, or otherwise carry out any fund or plan for the reconstruction and economic development of the Islamic Republic of Iran.
(c) Rule of Construction.--The prohibition under subsection (b) shall apply to the use of funds for any licenses, waivers, permissions, administrative actions, logistical support, security assistance, technical assistance, or other activities of the Department of Defense necessary for or related to relevant financial transactions in connection with a fund or plan described in that subsection.
(d) Rule of Construction.--Nothing in this section may be construed to prohibit the use of funds for intelligence activities, force protection, defensive military operations, the enforcement of sanctions, or the protection of United States persons, the United States Armed Forces, or United States facilities.
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SA 6318. Ms. SLOTKIN (for herself and Ms. Ernst) 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:
Text printed in the Record (2,093 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. TREATMENT OF CERTAIN ACTIONS BY SECRETARY OF
DEFENSE UNDER THE DEFENSE PRODUCTION ACT OF
1950 FOR FEDERAL PERMITTING IMPROVEMENT
PURPOSES.
(a) In General.--Except as provided in subsection (c), an action described in subsection (b) shall be--
(1) treated as a covered project, as defined in section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard to whether the action would qualify as a covered project under that section; and
(2) included in the Permitting Dashboard maintained pursuant to section 41003(b) of that Act (42 U.S.C. 4370m-2(b)).
(b) Actions Described.--An action described in this subsection is an action taken by the Secretary of Defense pursuant to Presidential Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions under section 303 of the Defense Production Act of 1950) or the Presidential Memorandum of February 27, 2023, titled "Presidential Waiver of Statutory Requirements Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Department of Defense Supply Chains Resilience" (88 Fed. Reg. 13015) to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities through--
(1) supporting feasibility studies for mature mining, beneficiation, and value-added processing projects;
(2) byproduct and co-product production at existing mining, mine waste reclamation, and other industrial facilities;
(3) modernization of mining, beneficiation, and value-added processing to increase productivity, environmental sustainability, and workforce safety; or
(4) any other activity authorized under section 303(a)(1) of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(1)).
(c) Exception.--An action described in subsection (b) may not be treated as a covered project or be included in the Permitting Dashboard under subsection (a) if the project sponsor (as defined in section 41001(18) of the FAST Act (42 U.S.C. 4370m(18))) requests that the action not be treated as a covered project.
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SA 6319. Ms. SLOTKIN 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:
Text printed in the Record (356 characters)
At the end of subtitle D of title X, add the following:
SEC. 1037. COUNTER UNMANNED AERIAL SYSTEMS AUTHORITY FOR
NATIONAL GUARD.
Section 130i(a) of title 10, United States Code, is amended by inserting "members of the National Guard performing duty under sections 328, 502, or 709 of title 32," after "members of the armed forces and officers,".
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SA 6320. Ms. SLOTKIN 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:
Text printed in the Record (9,665 characters)
At the end of subtitle D of title X, add the following:
SEC. 1037. TERMINATION OF CERTAIN ACTIVATION AUTHORITIES.
(a) Authority for Posse Comitatus Exceptions.--Section 1385 of title 18, United States Code, is amended--
(1) by striking "Whoever" and inserting "(a) In General.--Whoever"; and
(2) by adding at the end the following new subsections:
"(b) Congressional Authority to Terminate.--Congress may terminate any exception to subsection (a) at any time by enacting a joint resolution of disapproval as described under subsection (c).
"(c) Joint Resolution of Disapproval.--
"(1) In general.--In this subsection, the term `joint resolution of disapproval' means only a joint resolution of either House of Congress--
"(A) the title of which is as follows: `A joint resolution expressing congressional disapproval of the deployment of Armed Forces in [_____].', with the blank space being filled with the location prohibited; and
"(B) the sole matter after the resolving clause of which is the following: `Congress prohibits the deployment of Armed Forces under title [___], United States Code, with respect to [_____] in [_____] for [____].', with the first blank space being filled with the title under which authority to send troops was provided, the second blank space being filled with a short description of the military actions prohibited, the third blank space being filled with the location where the deployment is prohibited, and the fourth blank space being filled with the duration of the prohibition.
"(2) Introduction.--A joint resolution of disapproval may be introduced--
"(A) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee); and
"(B) in the House of Representatives, by the Speaker of the House or the minority leader.
"(3) Consideration in the senate.--
"(A) Committee referral.--A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Armed Services of the Senate.
"(B) Reporting and discharge.--If the Committee on Armed Services of the Senate has not reported a joint resolution of disapproval within 5 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.
"(C) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Armed Services reports a joint resolution of disapproval to the Senate or has been discharged from consideration of such a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.
"(D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of disapproval shall be decided without debate.
"(E) Consideration of veto messages.--Debate in the Senate of any veto message with respect to a joint resolution of disapproval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the Majority Leader and the Minority Leader or their designees.
"(F) Floor consideration in the house of representatives.--If a committee of the House of Representatives to which a joint resolution of disapproval has been referred has not reported the joint resolution within 5 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
"(4) Rules relating to the senate and the house of representatives.--
"(A) Treatment of house of representatives joint resolution in senate.--
"(i) Receipt before passage of senate resolution.--If, before the passage by the Senate of a joint resolution of disapproval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply:
"(I) That joint resolution shall not be referred to a committee.
"(II) With respect to that joint resolution--
"(aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but
"(bb) the vote on passage shall be on the joint resolution from the House of Representatives.
"(ii) Receipt following passage of senate resolution.--If, following passage of a joint resolution of disapproval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar.
"(iii) No companion resolution.--If a joint resolution of disapproval is received from the House of Representatives, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subparagraph shall apply to the House of Representatives joint resolution.
"(B) Treatment of senate joint resolution in house of representatives.--In the House of Representatives, the following procedures shall apply to a joint resolution of disapproval received from the Senate (unless the House of Representatives has already passed a joint resolution relating to the same proposed action):
"(i) The joint resolution shall be referred to the Committee on Armed Services of the House of Representatives.
"(ii) If the Committee on Armed Services of the House of Representatives has not reported the joint resolution within two calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
"(iii) Beginning on the third legislative day after the Committee on Armed Services of the House of Representatives reports the joint resolution to the House of Representatives or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
"(iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except two hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.
"(C) Inapplicability to revenue measure in house of representatives.--The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of disapproval that is a revenue measure.
"(D) Rules of senate and house of representatives.--This paragraph is enacted by Congress--
"(i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and
"(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
"(5) Congressional intent.--If a joint resolution of disapproval with respect to the deployment of the Armed Forces in a particular location is not introduced or enacted, no court or agency may infer any intent of Congress from any action or inaction of Congress with regard to such joint resolution of disapproval.
"(d) Severability.--If any provision of this section, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this section and the application of this section to any other person or circumstance shall not be affected.".
(b) Termination Authority for Section 12406 Activations.--Section 12406 of title 10, United States Code, is amended--
(1) by striking "Whenever--" and inserting "(a) In General.--Whenever"; and
(2) by adding at the end the following new subsections:
"(b) Congressional Authority to Terminate.--Congress may terminate any activation pursuant to subsection (a) at any time by enacting a joint resolution of disapproval.
"(c) Joint Resolution of Disapproval.--In this section, the term `joint resolution of disapproval' has the meanings given such term under subsection (c) of section 1385 of title 18.
"(d) Severability.--If any provision of this section, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this section and the application of this section to any other person or circumstance shall not be affected.".
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SA 6321. Ms. SLOTKIN (for herself, Ms. Baldwin, Mr. Gallego, Mr. Kelly, Ms. Klobuchar, Mr. Padilla, Ms. Rosen, Mr. Warnock, Mr. Hickenlooper, and Ms. Duckworth) 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:
Text printed in the Record (7,588 characters)
At the appropriate place, insert the following:
SEC. ___. PROTECT OUR POLLS ACT.
(a) Short Title.--This section may be cited as the "Protect Our Polls Act".
(b) Sense of Congress.--It is the sense of Congress that--
(1) sending troops or armed men to the polls has been federally criminalized for more than 150 years through under the provisions codified in sections 592 and 593 of title 18, United States Code, punishable by up to 5 years in prison;
(2) such section 592 contains a limited exception to this prohibition under which troops or armed men may only be used to repel armed enemies of the United States; and
(3) such exception has never been exercised.
(c) Notification and Congressional Disapproval Process for Troops or Armed Men at Polls.--
(1) In general.--Chapter 29 of title 18, United States Code, is amended by inserting after section 592 the following:
"Sec. 592a. Congressional action
"(a) Notification Requirement.--Not less than 48 hours before troops or armed men, including Federal law enforcement officers, are intended to be sent to any place where a general or special election is held to repel armed enemies of the United States under section 592, or any other provision of law, the head of the agency in charge of the troops or armed men shall transmit to the Majority Leader of the Senate, the Speaker of the House of Representatives, and the committees of jurisdiction (as defined in section 6329b(a) of title 5) over the agencies to which the troops or armed men report, an unclassified report containing--
"(1) the number of troops or armed men that are expected to be sent to places where those elections are being held, their unit or units, a description of their responsibilities, and the duration of the order;
"(2) the specific intelligence that supports the claim that armed enemies of the United States are threatening the places where those elections are being held, with an unclassified summary and a classified annex;
"(3) the geographical area to which the troops or armed men will be sent, with specificity on the location of the places at which they will be stationed;
"(4) the legal authorization, if any, used to provide affirmative authority for the activation of armed forces;
"(5) the training these troops or armed men are given to interact with civilian populations; and
"(6) the detailed justification that State and local forces are unable to repel the armed enemies of the United States without Federal intervention.
"(b) Congressional Calendar.--
"(1) In general.--If, when the report under subsection (a) is transmitted, the Congress has adjourned sine die or has adjourned for any period, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by not less than 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.
"(2) Briefing.--When Congress reconvenes, the Secretary of Defense, Director of National Intelligence, and Director of the Federal Bureau of Investigation shall immediately provide a classified briefing to the Senate and the House of Representatives on the armed enemies of the United States threat that necessitates the use of troops at places where elections are being held.
"(c) Expedited Congressional Review.--
"(1) In general.--Any use of troops or armed men at any place where a general or special election is held for the purpose of repelling armed enemies of the United States shall only be authorized if Congress, prior to any deployment, enacts a joint resolution originating in either House.
"(2) Consideration.--
"(A) Committee referral.--A joint resolution under paragraph (1) shall be referred to the committee of jurisdiction (as defined in section 6329b(a) of title 5) over the agencies to which the troops or armed men report, and such committee shall report one such joint resolution not later than 20 hours after transmission of the report under section (a), unless such House shall otherwise determine by yeas and nays.
"(B) Pending business.--A joint resolution reported under subparagraph (A) shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on not later than 10 hours thereafter, unless such House shall otherwise determine by yeas and nays.
"(C) Referral to other house committee.--A joint resolution passed by one House under subparagraph (B) shall be referred to the committee of the other House (as determined under subsection (a)) and shall be reported out not later 12 hours before troops or armed men are to be sent to polling places to repel armed enemies of the United States under section 592. The joint resolution so reported shall become the pending business of the House in question and shall be voted on not later than 6 hours after it has been reported, unless such House shall otherwise determine by yeas and nays.
"(d) Severability.--If any provision of this section, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this section and the application of this section to any other person or circumstance shall not be affected.".
(2) Clerical amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by inserting after the item relating to section 592 the following:
"592a. Congressional action.".
(d) Amendments to Civil Rights Act of 1960.--
(1) In general.--Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is amended--
(A) by striking "Every officer" and inserting the following:
"(a) In General.--Every officer";
(B) in subsection (a), as so designated, in the second sentence, by striking "this section" and inserting "this subsection"; and
(C) by adding at the end the following:
"(b) Condition on Availability of Funds.--No funds may be appropriated or otherwise made available to the armed forces, as defined in section 101(a)(4) of title 10, United States Code, or any Executive agency, as defined in section 105 of title 5, United States Code, for the purpose of authorizing or ordering any troops or armed men under the authority or control of such entity to access any record or paper required under subsection (a) to be retained and preserved, regardless of the date on which the record or paper came into the possession of the officer of election or custodian required to retain and preserve the record or paper.
"(c) Rule of Construction.--Nothing in this section shall be construed to prevent any member of the armed forces, as defined in section 101(a)(4) of title 10, United States Code, or any individual under the authority or control of any Executive agency, as defined in section 105 of title 5, United States Code, from exercising the right of suffrage in any district to which that individual may belong, if otherwise qualified according to the laws of the State of such district.".
(2) Technical and conforming amendments.--Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.) is amended--
(A) in section 302 (52 U.S.C. 20702), by striking "section 301" and insert "section 301(a)"; and
(B) in section 303 (52 U.S.C. 20703), by striking "section 301" and insert "section 301(a)".
(3) Sunset.--This section and the amendments made by this section shall cease to have effect on January 20, 2029.
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SA 6322. Ms. SLOTKIN 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:
Text printed in the Record (448 characters)
At the appropriate place, insert the following:
SEC. ___. EXPANSION OF DEFENSE PRODUCTION ACT OF 1950 TO
ADDRESS HOUSING.
The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended--
(1) in section 2(a)(5) (50 U.S.C. 4502(a)(5)), by inserting "and residential construction and rehabilitation" after "domestic energy"; and
(2) in section 702(14) (50 U.S.C. 4552(14)), by inserting ", housing," after "programs for military".
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SA 6323. Ms. ROSEN (for herself, Ms. Ernst, and Mr. Booker) 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:
Text printed in the Record (3,407 characters)
At the end of subtitle B of title XII, add the following:
SEC. 1218. REPORT AND STRATEGY ON INCREASING MEMBERSHIP IN
THE COMPREHENSIVE SECURITY INTEGRATION AND
PROSPERITY AGREEMENT.
(a) Sense of Congress.--It is the sense of Congress that the United States and the Kingdom of Bahrain share an important strategic partnership reflected in joint naval equities and defense of commercial shipping routes.
(b) Report and Strategy on Increasing Membership in the Comprehensive Security Integration and Prosperity Agreement.--
(1) Report.--
(A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall develop and submit to the appropriate congressional committees a report that includes a strategy to increase membership in the Comprehensive Security Integration and Prosperity Agreement (CSIPA).
(B) Elements.--The report required by subparagraph (A) shall also include an analysis of--
(i) the comprehensive strategic benefits of CSIPA, the role of CSIPA in supporting United States national security interests in the region, and how CSIPA supports the U.S. Naval Fifth Fleet;
(ii) the long-term benefits of widened CSIPA membership and how the CSIPA framework can be altered to foster broader regional security and bolster regional deterrence, what resources would be needed to expand CSIPA membership to include other regional partners, and any domestic or regional barriers limiting CSIPA expansion;
(iii) the extent to which the parties to CSIPA developed and implemented defense and deterrent responses following February 28, 2026;
(iv) the extent to which the provision of defense articles and services have been affected following February 28, 2026;
(v) actions taken to bolster defense and security cooperation among the parties to CSIPA and in the region;
(vi) actions taken to deepen and strengthen economic integration among the parties to CSIPA and in the region;
(vii) actions taken to increase scientific and technological cooperation among the parties to CSIPA and in the region; and
(viii) opportunities for further collaboration between the United States and other parties to CSIPA.
(2) Strategy.--
(A) In general.--Not later than 180 days after the submission of the report required by paragraph (1), the Secretary of State shall develop and submit to the appropriate congressional committees a strategy on how to best engage allied countries in the Middle East and outside of the Middle East to join CSIPA and affirmative steps the United States can take to increase membership in that agreement.
(B) Briefing required.--Not later than 60 days after the date on which the Secretary of State develops the strategy required by this paragraph, the Secretary shall submit to the appropriate congressional committees a briefing on a plan for implementing the strategy.
(3) Form.--The report required by paragraph (1) and the strategy required by paragraph (2) shall be submitted in unclassified form, but may contain a classified annex.
(4) Appropriate congressional committees defined.--In this subsection, the term "appropriate congressional committees" means--
(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
______
SA 6324. Ms. ROSEN (for herself and Mr. McCormick) 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:
Text printed in the Record (7,052 characters)
At the end of title XII, add the following:
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Houthi Human Rights Accountability Act".
SEC. 1272. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Houthi efforts to indoctrinate Yemenis into a violent, anti-Semitic, and extremist worldview are a threat to a Yemeni-led peace process and to regional stability; and
(2) it is counter to United States policy to provide support to the Houthis in Yemen, including by supporting any efforts by the Houthis to indoctrinate, coerce, or force Yemenis to conform to their violent, anti-Semitic, and extremist worldview.
SEC. 1273. REPORT ON HOUTHI INDOCTRINATION.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on--
(1) Houthi efforts to indoctrinate Yemenis into a violent, anti-Semitic, or extremist worldview; and
(2) the long-term threat this indoctrination campaign poses to regional stability.
SEC. 1274. REPORT ON OBSTACLES TO PROVISION OF HUMANITARIAN
AID IN AREAS OF YEMEN UNDER DE FACTO HOUTHI
CONTROL.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on obstacles to the provision of humanitarian aid by international organizations and nongovernmental organizations in areas of Yemen under de facto Houthi control.
(b) Matters To Be Included.--The report required by subsection (a) shall include the following:
(1) An identification of challenges to distribution of humanitarian aid created by Houthi-enforced rules, regulations, and bureaucracy with respect to access, and freedom of movement, and the overall impact on such rules, regulations, and bureaucracy have on the international community's ability to distribute such aid in a manner consistent with basic humanitarian principles.
(2) An assessment of attempted Houthi interference in the delivery of humanitarian aid, including the manipulation or undue influence of beneficiary lists or related data for political or military purposes, and the implications of any interference on civilian needs and aid distribution.
(3) An evaluation of the Houthis' use of violence and intimidation against humanitarian workers and diplomats, including current and former United States Embassy locally employed staff.
(4) An overview of the steps the United States and its partners are taking to ensure humanitarian assistance is delivered unhindered and consistent with basic humanitarian principles, including how United States-supported organizations respond to attempted Houthi diversion or interference.
(c) Scope.--The report required by subsection (a) shall address the period beginning on January 1, 2020, and ending on the date that is 90 days after date of the enactment of this Act.
SEC. 1275. REPORT ON HUMAN RIGHTS ABUSES COMMITTED BY THE
HOUTHIS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on human rights abuses committed by the Houthis, including gender-based discrimination and violence, including--
(1) Mahram regulations;
(2) the recruitment and use of child soldiers;
(3) enforced disappearance;
(4) prolonged and arbitrary detention;
(5) conduct that amounts to torture; and
(6) unlawful killing.
(b) Scope.--The report required by subsection (a) shall address the period beginning on March 1, 2015, and ending on the date that is 90 days after date of the enactment of this Act.
SEC. 1276. SANCTIONS AUTHORIZED UNDER THE GLOBAL MAGNITSKY
HUMAN RIGHTS AND ACCOUNTABILITY ACT.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a determination on whether foreign persons described in subsection (b) meet the criteria for sanctions authorized under the Global Magnitsky Human Rights and Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) or are responsible for acts that constitute gross violations of internationally recognized human rights (as defined in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1))).
(b) Persons Described.--A foreign person described in this subsection is a foreign person that--
(1) is a member of the Houthis; and
(2) knowingly--
(A) imposes unlawful restrictions on the delivery of humanitarian assistance in Yemen; or
(B) engages in the human rights abuses described in section 5(a).
SEC. 1277. SANCTIONS AUTHORIZED UNDER THE ROBERT LEVINSON
HOSTAGE TAKING AND ACCOUNTABILITY ACT.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a determination on whether foreign persons described in subsection (b) meet the criteria for sanctions authorized under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741 et seq.), and Executive Order 14078 (22 U.S.C. 1741 note prec.; relating to bolstering efforts to bring hostages and wrongfully detained United States nationals home).
(b) Persons Described.--A foreign person described in this subsection is a foreign person that--
(1) is a member of the Houthis; and
(2)(A) is responsible for or is complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage taking of a United States national abroad or the unlawful or wrongful detention of a United States national abroad; or
(B) knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in subparagraph (A).
SEC. 1278. SUNSET.
This subtitle shall have no force or effect beginning on the date that is 5 years after the date of the enactment of this Act.
SEC. 1279. DEFINITIONS.
In this subtitle--
(1) 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) the term "foreign person" means a person that is not a United States person;
(3) the term "Houthis" refers to persons officially known as "Ansarallah";
(4) the term "person" means and individual or entity; and
(5) the term "United States person" means--
(A) a national of the United States;
(B) an alien who is lawfully present in the United States; or
(C) 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.
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SA 6325. Ms. ROSEN (for herself, Mr. Curtis, Mr. Kaine, and Mr. Scott of South Carolina) 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:
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At the end of title XII, add the following:
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Critical Mineral Mining Education Act of 2026".
SEC. 1272. FINDINGS.
Congress finds the following:
(1) The United States mining industry and, more broadly, mining and mineral processing and refining, is widely reported as facing a significant personnel shortage.
(2) This shortage is driven by an aging workforce, declining numbers of graduates entering mining careers, and difficulty recruiting and retaining skilled workers.
(3) Fifty percent of the current mining workforce is expected to retire within the next 5 years.
(4) As of 2023, only 14 United States universities and colleges had mining and mining engineer programs.
(5) Downstream segments, such as ore processing, refining, and metallurgy, are affected by the same workforce trends.
(6) Institutions and personnel from allied countries with mining expertise can share their knowledge and experience with the United States workforce through education exchange programs.
SEC. 1273. DEFINITIONS.
The Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.) is amended by inserting after section 101 the following:
"SEC. 101A. DEFINITIONS.
"In this Act:
"(1) Advanced degree.--The term `advanced degree' means a degree from an institution of higher education that is a master's or doctoral degree.
"(2) Critical mineral.--The term `critical mineral'--
"(A) has the meaning given such term in section 7002(a)(3) of the Energy Act of 2020 (division Z of Public Law 116-260; 30 U.S.C. 1606(a)(3)); and
"(B) includes gold, and copper, and any other mineral or mineral material the Secretary of State determines--
"(i) to be essential to the economic or national security of the United States; and
"(ii) has a supply chain vulnerable to disruption.
"(3) Excess foreign currencies.--The term `excess foreign currencies' means foreign currencies, which, if acquired by the United States--
"(A) would be in excess of the normal requirements of departments, agencies, and embassies of the United States for such currencies, as determined by the President; and
"(B) would be available for the use of the United States Government under applicable agreements with the foreign country concerned.
"(4) Federal employee.--The term `Federal employee'--
"(A) means any employee described in subparagraphs (A) through (F) of section 7342(a)(1) of title 5, United States Code; and
"(B) does not include a person described in subparagraph (G) of such section.
"(5) Government-sponsored international exchanges and training.--The term `Government-sponsored international exchanges and training' means the movement of people between countries, financed wholly or in part with United States Government funds--
"(A) to promote the sharing of ideas;
"(B) to develop skills; and
"(C) to foster mutual understanding and cooperation.
"(6) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
"(7) Historically black college and university.--The term `historically Black college and university' has the meaning given the term `part B institution' in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
"(8) Mining education program.--The term `Mining Education Program' means an academic program related to the mining industry.
"(9) Mining industry.--The term `mining industry' means the mining industry of the United States, which consists of activities related to naturally occurring metal and nonmetal critical minerals, including--
"(A) geological mapping, geophysical surveying, geochemical sampling, and management of geological data;
"(B) mineral system analysis, exploration, and resource delineation, including exploratory drilling and resource estimation and classification;
"(C) project development, feasibility studies, financing, and permitting;
"(D) mine construction, extraction, and operational support activities;
"(E) mineral processing, beneficiation, smelting, refining, chemical conversion, and separation;
"(F) material conversion and advanced materials manufacturing;
"(G) transportation, logistics, and handling of intermediate and finished material products; and
"(H) reclamation, remediation, reuse, recycling, and recovery of materials from primary and secondary sources, including mine waste and end-of-life products.
"(10) Mining profession.--The term `mining profession' means the body of jobs directly related to the mining industry.
"(11) Minority serving institution.--The term `minority-serving institution' means an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).".
SEC. 1274. CRITICAL MINERAL MINING FELLOWSHIP PROGRAM.
The Mutual Educational and Cultural Exchange Act of 1961, as amended by section 3, is further amended by adding at the end the following:
"SEC. 116. CRITICAL MINERAL MINING FELLOWSHIP PROGRAM.
"(a) Establishment.--There is authorized to be established the Critical Mineral Mining Fellowship Program (referred to in this section as the `Fellowship Program') within the J. William Fulbright Educational Exchange Program.
"(b) Purposes.--The purposes of the Fellowship Program are--
"(1) to advance foreign policy priorities of the United States by promoting studies, research, and international exchange in the mining industry;
"(2) to send United States students to mining institutions abroad to build the capacity of the United States mining workforce;
"(3) to develop a robust and skilled workforce that can support and fill the gaps of the United States growing domestic critical mineral supply chain; and
"(4) to reduce dependency on foreign energy and critical mineral supplies and enhance competitiveness of the United States within the global critical mineral marketplace.
"(c) Administration.--The Bureau of Educational and Cultural Affairs of the Department of State (referred to in this section as the `Bureau') shall administer the Fellowship Program in accordance with policy guidelines established by the Fulbright Foreign Scholarship Board (referred to in this section as the `Board'), in consultation with binational Fulbright Commissions, mining industry leaders, institutions of higher education, foreign governments, and United States embassies in eligible countries.
"(d) Selection of Fellows.--
"(1) In general.--The Bureau shall determine the number of fellows selected for the Fellowship Program each year. The Board shall select qualified individuals to participate in the Fellowship Program. In selecting the fellows, the Board should ensure geographic representation to ensure region-specific specialties are developed.
"(2) Criteria.--All fellows shall meet one of the following criteria:
"(A) Have a bachelor's or equivalent degree conferred before participating in the Fellowship Program.
"(B) Be a student who is currently enrolled in a United States institution of higher education and completing an advanced degree in the field of science, technology, engineering, or mathematics or a field related to the mining industry.
"(C) Have had a postdoctoral degree conferred during the 5-year period immediately preceding participation in the Fellowship Program.
"(3) Required intent.--Upon completing the Fellowship Program, each fellow shall demonstrate his or her intent to seek employment in a mining profession that directly benefits the growth, progress, and development of the United States mining industry--
"(A) in the United States Government; or
"(B) at a United States-based nongovernmental organization, academic institution, private sector company, or other organization that has been approved by the Bureau.
"(4) Eligible universities.--United States students shall attend universities approved by the Bureau, in consultation with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, that have a mining education program and are located in a foreign country.
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To the extent practicable, the Bureau should prioritize enrollment in higher education mining programs in--
"(A) member countries in the Minerals Security Partnership; or
"(B) any additional countries identified by the Bureau, in consultation with the congressional committees referred to in this paragraph, as containing sufficiently qualified mining programs.
"(5) Outreach.--To the extent practicable, the Bureau shall conduct outreach at United States undergraduate and graduate institutions the Bureau determines are likely to
produce a range of qualified applicants to be sent abroad.
"(e) Structure.--
"(1) Work plan.--To carry out the purposes described in subsection (b)--
"(A) each fellow selected pursuant to subsection (d)(1) shall be encouraged to arrange placement in a mining education program at an eligible foreign university;
"(B) each fellow shall--
"(i) participate in advanced coursework, research projects, and practical training opportunities, including internships, offered by the host institution;
"(ii) engage with faculty advisors and industry partners to gain hands-on experience through internships, laboratory work, and field studies relevant to the mining industry;
"(iii) serve as a cultural and academic ambassador of the United States by fostering mutual understanding within the host country's academic and professional mining community;
"(iv) participate in professional development activities, such as conferences, workshops, and seminars, to expand knowledge of global best practices in mining engineering and related fields; and
"(v) build and strengthen networks with international peers, faculty, and industry professionals to facilitate ongoing collaboration and knowledge exchange; and
"(C) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to such objectives.
"(2) Fellowship period.--
"(A) In general.--Each fellowship under this section shall continue for a period determined by the Bureau, which, whenever feasible, shall not be shorter than 1 year.
"(B) Renewal.--The Bureau may grant a renewal for a second year, in consultation with the relevant United States embassy or Fulbright Commission.
"(f) Fellowship Award.--The Bureau shall provide each fellow under this section with an allowance equal to the amount needed for the fellow's reasonable costs during the fellowship period, including--
"(1) mandatory university fees, including tuition, associated with his or her studies;
"(2) living expenses, including housing, basic food costs, and daily transportation;
"(3) essential textbooks and other academic materials;
"(4) mandatory visa application, immigration fees, and other essential pre-departure requirements;
"(5) relocation expenses, including travel by air or by rail;
"(6) a research allowance, including essential travel to field sites and laboratory work; and
"(7) other reasonable costs approved by the Bureau.
"(g) Annual Reports.--Not later than 1 year after the completion of the Fellowship Program by the initial cohort of fellows selected pursuant to subsection (d), and annually thereafter, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that includes information regarding the implementation of the Fellowship Program, including--
"(1) the demographics and geographical origins of the cohort of fellows who completed a fellowship during the reporting period;
"(2) a description of academic placements selected and their relation to the development of the United States region-specific specialties under the Fellowship Program, including participant feedback on program implementation and lessons learned; and
"(3) a plan for factoring lessons learned and acquired skills based knowledge into future programming.".
SEC. 1275. CRITICAL MINERAL MINING EDUCATIONAL EXCHANGE ACT
OF 2025.
The Mutual Educational and Cultural Exchange Act of 1961, as amended by sections 3 and 4, is further amended by adding at the end the following:
"SEC. 117. VISITING MINING SCHOLARS PROGRAM.
"(a) Establishment.--There is authorized to be established the Visiting Mining Scholars Program (referred to in this section as the `Visiting Scholars Program') within the J. William Fulbright Educational Exchange Program.
"(b) Purpose.--The purpose of the Visiting Scholars Program is to bring mining academics and professionals to the United States--
"(1) to build and expand United States mining education programs at institutions of higher education;
"(2) to bolster workforce development programs; and
"(3) to advance research and development initiatives in the mining industry and adjacent fields.
"(c) Administration.--The Bureau of Educational and Cultural Affairs of the Department of State (referred to in this section as the `Bureau') shall administer the Visiting Scholars Program in accordance with policy guidelines established by the Fulbright Foreign Scholarship Board (referred to in this section as the `Board'), in consultation with binational Fulbright Commissions, mining industry leaders, institutions of higher education, foreign governments, and United States embassies in eligible countries.
"(d) Selection of Visiting Mining Scholars.--
"(1) In general.--The Board shall select qualified individuals to participate in the Visiting Scholars Program, who shall be foreign nationals who are currently employed--
"(A) outside of the United States as mining professionals, practitioners, or operators; or
"(B) as academics working at institutions of higher education in foreign countries with mining education programs approved by a Fulbright Commission or United States embassy, in consultation with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
"(2) Number of fellows.--The Bureau may determine the number of fellows selected each year, which, whenever feasible, shall not be fewer than 10.
"(3) Eligibility criteria.--Each visiting mining scholar shall be a foreign national of a country--
"(A) in which an existing Fulbright Foreign Student Program operates; and
"(B) that has expertise, specialized knowledge, or engages in practices that could benefit the United States mining industry.
"(4) Preferred countries.--To the extent practicable, the Bureau shall prioritize the selection of visiting mining scholars who live or work in--
"(A) a Member country in the Minerals Security Partnership; or
"(B) any additional country identified by the Bureau, in consultation with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, as containing individuals who have academic expertise, specialized knowledge, or engage in practices that could benefit the United States mining industry.
"(5) Outreach.--To the extent practicable, the Bureau shall conduct outreach in coordination with appropriate United States embassies, mining industry leaders, and mining institutions abroad that are likely to produce a range of qualified applicants to come to the United States.
"(e) Structure.--
"(1) Work plan.--To carry out the purposes described in subsection (b)--
"(A) each individual selected pursuant to subsection (d)(1) who is coming to the United States as a visiting mining scholar--
"(i) shall arrange placement in a United States academic institution approved by the Bureau; and
"(ii) should--
"(I) consult with faculty members to provide technical assistance on how to develop or expand a mining education program at the host institution of higher education;
"(II) assist in the development and review of mining education curricula, including course syllabi, laboratory modules, and fieldwork components;
"(III) participate in collaborative research projects with faculty, students, and third-party research institutions focusing on innovative mining technologies, sustainable mining practices, and resource management;
"(IV) facilitate partnerships between the host institution and mining organizations, government agencies, and other institutions to foster academic exchange, research collaboration, and workforce development;
"(V) mentor undergraduate and graduate students interested in mining education, offering guidance on academic projects and career development; and
"(VI) contribute to the development of outreach programs aimed at increasing awareness of the mining industry as a career path and to increase awareness of the types of mining professions available; and
"(B) the Bureau shall approve a work plan for each scholar that identifies the target objectives for the scholar, including specific duties and responsibilities relating to such objectives.
"(2) Eligible united states institutions.--Visiting mining scholars shall be placed in an institution of higher education approved by the Bureau that--
"(A) demonstrates a commitment to developing or expanding academic programs in the mining industry;
"(B) possesses existing faculty expertise or research activity in the mining industry or related extractive fields;
"(C) provides institutional support and resources, such as laboratory facilities, field sites, or equipment, relevant to mining education and research, including in geology;
"(D) demonstrates a commitment to integrate the visiting scholar into curriculum development, faculty training, or workforce pipeline initiatives in mining;
"(E) demonstrates a plan for sustaining mining or critical mineral resources programs beyond the duration of the visiting scholar's placement;
"(F) shows evidence of student interest or regional workforce demand for mining education programs or training; and
"(G) agrees to provide mentoring, administrative support, and opportunities for the visiting scholar to engage with students, faculty, and local industry.
"(3) Scholarship period.--
"(A) In general.--Each scholarship awarded under this section shall continue for a period determined by the Bureau, which, whenever feasible, shall not be longer than 1 year and not shorter than 3 months.
"(B) Exceptions.--Any request for an exception to the duration of the scholarship period described in subparagraph (A) shall be submitted by the visiting mining scholar and approved by the Bureau before such exception takes effect.
"(f) Scholarship Award.--The Bureau shall provide each visiting mining scholar under this section with an allowance to cover the scholar's reasonable costs of living during the scholarship period.
"(g) Annual Reports.--Not later than 1 year after the completion of the Visiting Scholars Program by the initial cohort of scholars selected pursuant to subsection (d)(1), and annually thereafter, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that includes information on the implementation of the Visiting Scholars Program, including--
"(1) the demographics and geographical origins of the cohort of scholars who completed a Visiting Scholars Program during the reporting period;
"(2) the United States universities at which visiting scholars were placed;
"(3) the foreign universities or other post-graduate institutions from which the cohort of visiting scholars were chosen;
"(4) a description of academic placements selected under the Visiting Scholars Program, including participant feedback on program implementation and lessons learned; and
"(5) a plan for factoring lessons learned into future programming.".
SEC. 1276. TECHNICAL AND CONFORMING AMENDMENTS TO THE MUTUAL
EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961.
The Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.) is amended--
(1) in section 104(g) (22 U.S.C.
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2454(g)), by striking paragraph (5);
(2) in section 108A(a) (22 U.S.C. 2458a(a))--
(A) by striking "(1)" before Congress;
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A), (B), and (C) as paragraph (1), (2), and (3), respectively;
(3) in section 112 (22 U.S.C. 2460)--
(A) in subsection (a)--
(i) in paragraph (9), by striking "and" at the end;
(ii) in the first paragraph designated as paragraph (10), by striking the period at the end and inserting a semicolon;
(iii) in the second paragraph designated as paragraph (10)--
(I) by striking "(10)" and inserting "(11)"; and
(II) by striking the period at the end and inserting a semicolon; and
(iv) by adding at the end the following:
"(12) the Critical Mineral Mining Fellowship Program established pursuant to section 116, which provides funding for studies, research, and international exchange for students seeking to complete degrees from institutions of higher education in self-arranged placements with universities with mining education programs in foreign countries; and
"(13) the Visiting Mining Scholars Program established pursuant to section 117, which provides funding for international mining academics, practitioners, professionals and operators in self-arranged placements with universities in the United States."; and
(B) in subsection (g)--
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3) through (11) as paragraphs (2) through (10), respectively; and
(iii) in paragraph (10), as redesignated, by striking "paragraph (6)" and inserting "paragraph (5)"; and
(4) in section 115(d)(2) (22 U.S.C. 2465(d)(2))--
(A) by striking subparagraph (B);
(B) in subparagraph (A)--
(i) by striking "(A) In general.--"; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), and moving such clauses 2 ems to the left.
SEC. 1277. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Department of State $10,000,000 for each of the fiscal years 2026 through 2035 for the purpose of carrying out the Critical Mineral Mining Fellowship Program and the Visiting Mining Scholars Program established pursuant to sections 116 and 117 of the Mutual Educational and Cultural Exchange Act of 1961, as added by sections 1274 and 1275.
SEC. 1278. SUNSET.
This subtitle, and the amendments made by this subtitle, shall cease to have effect beginning on the date that is 10 years after the date of the enactment of this Act.
______
SA 6326. Ms. ROSEN (for herself and Mr. Durbin) 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:
Text printed in the Record (1,945 characters)
At the appropriate place in title XVI, insert the following:
SEC. ___. UPDATE OF INTELLIGENCE COMMUNITY ASSESSMENT ON
GLOBAL WATER SECURITY.
(a) Update Required.--Not later than April 1, 2027, the Director of National Intelligence, in coordination with the Secretary of Defense and the heads of appropriate elements of the intelligence community, shall submit to the appropriate congressional committees an updated version of the intelligence community assessment entitled "Global Water Security" (ICA 2012-08), dated February 12, 2012 (referred to in this section as the "original assessment").
(b) Contents.--The updated assessment required by subsection (a) shall include--
(1) all elements in the original assessment with updated data and analysis;
(2) relevant developments since the submission of the original assessment;
(3) an analysis of the efforts of foreign adversarial governments to gain access to, exert control over, or manipulate water resources, including rate of acquisition of or control over groundwater or surface water beyond sovereign territory of such governments, including transboundary waters, and geographical reach;
(4) an assessment of trends related to conflict over water or attacks on water; and
(5) any additional matters the Director determines appropriate or that the congressional intelligence committees specify.
(c) Form.--The assessment required by this section shall be submitted in unclassified form, but may include a classified annex.
(d) Definitions.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Armed Services, the Committee on Foreign Relations, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
______
SA 6327. Ms. ROSEN (for herself, Mr. McCormick, Mr. Blumenthal, and Mr. Cornyn) 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:
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At the end of subtitle B of title XII, add the following:
SEC. 1218. REPORT ON INTERNET FREEDOM IN IRAN.
(a) In General.--Not later than 120 days after the date of the enactment of the Act, the Secretary of State, in consultation with the Federal Communications Commission and the Department of the Treasury, shall prepare and submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that updates and supplements the report required under section 5124 of the National Defense Authorization Act for Fiscal Year 2025 (22 U.S.C. 8754a).
(b) Additional Matters To Be Included.--Updates to the strategy required in section 5124 of the National Defense Authorization Act for Fiscal Year 2025 (22 U.S.C. 8754a), shall also include the following:
(1) An assessment of the feasibility of using direct-to-cell wireless communications technologies to expand internet access for the people of Iran, including technical, regulatory, and security considerations.
(2) An analysis of how drone-based platforms, signal jamming technologies, and related countermeasures could impact the feasibility, security, economics, and resilience of such direct-to-cell wireless communications.
(3) A survey of terrestrial and non-terrestrial telecommunications service providers currently active in Iran, including--
(A) whether such providers are state-owned or state-controlled;
(B) the extent of foreign participation or investment in such providers; and
(C) the implications of such ownership and control for communications freedom and censorship.
(4) Any other relevant information to assess the opportunities and risks associated with terrestrial and non-terrestrial communications technologies in Iran.
(5) An analysis of the effectiveness of low-Earth-orbit (LEO) satellite internet constellation systems in providing accessible internet to Iranians during the January 2026 Iranian protests, the needs of Iranian civil society in being able to ensure reliable access to such systems when the Government of Iran cuts access to the internet, existing capabilities of LEO satellite internet constellation systems in circumventing jamming, the per user cost of providing LEO satellite internet constellation systems, and recommendations for technology improvements to LEO satellite internet constellation systems to be able to resist jamming technologies to ensure the Iranian people's access to the global internet. This analysis should also include an assessment of physical and digital security vulnerabilities for LEO satellite internet users in Iran and recommendations for how to mitigate those concerns. The analysis and assessment shall have a classified annex.
(6) An assessment of the feasibility of including readily available commercial "off-the-shelf" technologies to be eligible for the grant program outlined in section 5124 of the National Defense Authorization Act for Fiscal Year 2025 (22 U.S.C. 8754a) that--
(A) could facilitate unrestricted access to the global internet in Iran;
(B) could be integrated into already available commercial technologies that civil society and the people of Iran have access to;
(C) could reasonably shield the personal data of users from the Government of Iran; and
(D) has some degree of resilience against countermeasures that the Government of Iran could employ when cutting off the global internet.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
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SA 6328. Ms. ROSEN (for herself, Mr. Curtis, and Mr. Padilla) 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:
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At the end of title XII, add the following:
SECTION 1271. SHORT TITLE.
This subtitle may be cited as the "American Decade of Sports Act".
SEC. 1272. DEFINITIONS.
In this subtitle:
(1) American decade of sports; mega-decade of sports.--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--
(A) the 2024 Copa America;
(B) the 2025 Club World Cup;
(C) the 2026 FIFA World Cup;
(D) the 2028 Summer Olympics and Paralympics;
(E) the 2031 Men's and 2033 Women's Rugby World Cup; and
(F) the 2034 Winter Olympics and Paralympics.
(2) 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.
SEC. 1273. MEGA-DECADE SPORTS DIPLOMACY STRATEGY.
(a) Submission of Initial Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees 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.
(b) Submission of Subsequent Strategy.--Not later than 5 years after the date on which the initial strategy is submitted pursuant to subsection (a), the Secretary shall submit to the appropriate congressional committees a subsequent 5-year strategy that is similar to the strategy described in subsection (a), but also includes evaluations of lessons learned from international sporting events held in the United States during the previous 5-year period.
(c) Elements.--The strategies required under subsections (a) and (b) shall include--
(1) a description of the Department of State's diplomatic objectives and metrics of success related to the mega-decade of sports;
(2) 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;
(3) a plan to coordinate internally within the Department of State to leverage sporting events to advance various diplomatic lines of effort, including by--
(A) integrating sports diplomacy into regional bureaus' bilateral engagements and efforts to pursue new areas of cooperation with foreign partners;
(B) integrating sports into public diplomacy to reach new foreign audiences that might not otherwise engage with United States embassies abroad; and
(C) leveraging sports diplomacy to advance commercial diplomacy;
(4) a plan to ensure an expeditious and secure visa process for athletes and their families and support staff and eligible international visitors planning to travel to the United States to attend major international sporting events, including reducing visa appointment wait times;
(5) a description of the financial and personnel support needed to implement the 5-year sports diplomacy strategy; and
(6) 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.
(d) Public Availability.--The strategies required under subsections (a) and (b) shall be made publicly available on an internet website of the Department of State not later than--
(1) 180 days after the date of the enactment of this Act, with respect to the strategy required under subsection (a); and
(2) 5 years after the date described in paragraph (1), with respect to the strategy required under subsection (b).
(e) Consultation.--The Secretary of State shall--
(1) consult with the appropriate congressional committees regarding the elements of the strategy required under subsection (a) before submitting either strategy; and
(2) 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.
SEC. 1274. OFFICE OF SPORTS DIPLOMACY.
(a) In General.--The Office of Sports Diplomacy (referred to in this section as the "Office") is established in the Bureau of Educational and Cultural Affairs of the Department of State.
(b) Functions.--The Office shall manage sports diplomacy exchange programs and implement the strategies required under subsections (a) and (b) of section 1273, including by coordinating with internal Department of State and interagency stakeholders--
(1) to coordinate the implementation of the strategy across relevant bureaus, directorates, and offices of the Department of State;
(2) to work with host cities and their social, political, and economic partners to identify new avenues for engagement with foreign entities;
(3) to engage local diaspora communities to deepen people-to-people connections with foreign visitors and officials;
(4) to partner with the United States sports industry, major sports leagues, and individual athletes to promote new international sports partnerships and sports diplomacy programs;
(5) to collaborate with host cities' international trade and tourism offices to deepen economic and commercial ties with foreign nations;
(6) to elevate American arts, film, and music creators to promote cultural exchange and connection with foreign visitors; and
(7) to coordinate with internal Department of State and interagency stakeholders to ensure efficient and expeditious processing of visas for eligible international visitors, broadcasters, athletes, and support staff interested in attending major international sporting events in the United States.
(c) Sunset.--This section shall cease to have effect beginning on the date that is 10 years after the date of the enactment of this Act.
SEC. 1275. ANNUAL IMPLEMENTATION REPORTS.
Not later than 1 year after the submission of the strategy required under section 1273(a), and annually thereafter until December 31, 2034, the Secretary of State shall submit a report to the appropriate congressional committees describing the progress made toward achieving the objectives of this subtitle.
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SA 6329. Ms. ROSEN (for herself and Mr. Ricketts) 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:
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SEC. 1094. 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";
(B) in subparagraph (B), by striking the period at the end and inserting "; or"; and
(C) by adding at the end the following new subparagraph:
"(C) a limited noncareer appointment for a period not to exceed 2 years, in the case of personnel performing consular services.".
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SA 6330. Mr. FETTERMAN (for himself and Mr. Grassley) 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:
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SEC. _____. RECORDS AND REPORTS ON MONETARY INSTRUMENTS
TRANSACTIONS.
(a) Records and Reports.--
(1) In general.--Section 5312 of title 31, United States Code, is amended--
(A) in subsection (a)(2)--
(i) by redesignating subparagraphs (Y) and (Z) as subparagraphs (Z) and (AA), respectively; and
(ii) by inserting after subparagraph (X) the following:
"(Y) a person engaged in the trade in works of art, including a dealer, advisor, consultant, custodian, gallery, auction house, museum, collector, or any other person who engages as a business as an intermediary in the sale of works of art, unless the person--
"(i) during the prior year, participated in no single transaction valued over $10,000 that involved a work of art;
"(ii) has not, during the prior year, participated in total transactions valued at $50,000 that involved a work of art; or
"(iii) is a person engaged in the art market for the sole purpose of selling works of art created by the person."; and
(B) in subsection (c), by adding at the end the following:
"(2) Work of art.--The term `work of art' means any original painting, sculpture, watercolor, print, drawing, photograph, installation art, or video art, not including--
"(A) applied art such as product design, fashion design, architectural design, or interior design; or
"(B) mass-produced decorative art, including ceramics, textiles, or carpets.".
(2) Effective date.--The amendments made by paragraph (1) shall take effect on the earlier of--
(A) the effective date of the rules issued under subsection (c); and
(B) the date that is 360 days after the date of enactment of this Act.
(b) Mandatory Update to Treasury Guidance on Art Transactions.--
(1) In general.--Not later than 360 days after the date of enactment of this Act, the Secretary of the Treasury shall issue updated guidance to the advisory issued by the Office of Foreign Asset Control on October 30, 2020, regarding the risks of high-value artwork transactions involving sanctioned persons or entities.
(2) Interagency coordination.--The Secretary of Treasury shall consult and coordinate with appropriate Federal agencies to update the guidance described in paragraph (1).
(c) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury (acting through the Director of the Financial Crimes Enforcement Network), in consultation and coordination with appropriate Federal agencies, shall issue proposed rules to carry out the amendments made by subsection (a), including--
(1) determining which persons should be subject to the rulemaking based on domestic or international geographical location;
(2) the degree to which the regulations should apply based on status as an agent or intermediary acting on behalf of a purchaser; and
(3) whether certain exemptions should apply to the regulations.
(d) Technical and Conforming Amendments.--
(1) Section 6110(a) of the Anti-Money Laundering Act of 2020 (31 U.S.C. 5312 note) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking "(Y) and (Z) as subparagraphs (Z) and (AA)" and inserting "(Z) and (AA) as subparagraphs (AA) and (BB)"; and
(ii) by striking subparagraph (B) and inserting the following:
"(B) by inserting after subparagraph (Y) the following:
" `(Z) a person engaged in the trade of antiquities, including an advisor, consultant, or any other person who engages as a business in the solicitation or the sale of antiquities, subject to regulations prescribed by the Secretary;'."; and
(B) in paragraph (2), by striking "Section 5312(a)(2)(Y)" and inserting "Section 5312(a)(2)(Z)".
(2) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended--
(A) in section 104(i)(1)(C) (22 U.S.C. 8513(i)(1)(C)), by striking "(Z)" and inserting "(AA)"; and
(B) in section 104A(d)(1) (22 U.S.C. 8513b(d)(1)), by striking "(Z)" and inserting "(AA)".
(3) Section 2(4) of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8921(4)) is amended by striking "(Z)" and inserting "(AA)".
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SA 6331. Mr. DURBIN (for himself, Mr. Grassley, Mr. Bennet, Mr. Gallego, Ms. Duckworth, Ms. Klobuchar, Mr. Whitehouse, Ms. Rosen, Mr. Van Hollen, and Mr. Booker) 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:
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SEC. 1229A. BALTIC SECURITY ASSESSMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) supporting and strengthening the security of Estonia, Latvia, and Lithuania (referred to in this section as the "Baltic countries") is in the national security interests of the United States;
(2) continuing to strengthen and update the security cooperation roadmap for the United States and the Baltic countries is critical to achieving strategic security priorities as the Baltic countries face ongoing belligerence and threats from the Russian Federation, including amid the Russian Federation's illegal and unprovoked war in Ukraine that began on February 24, 2022;
(3) the Baltic countries have been valued members of the North Atlantic Treaty Organization (NATO) and continue to contribute to NATO's collective security and partnership; and
(4) improved economic ties between the United States and the Baltic countries, including to counter economic pressure by the People's Republic of China, offer an opportunity to strengthen the United States-Baltic strategic partnership.
(b) Report on Emerging Threats to the Baltic Countries.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate committees of Congress a report on--
(A) emerging military, cyber, hybrid, and political threats to the Baltic countries;
(B) the roles of the Russian Federation, the Republic of Belarus, the People's Republic of China, the Islamic Republic of Iran, and other malign actors in advancing such threats;
(C) the current posture and presence of United States and NATO forces in the Baltic region for the purpose of deterring such threats;
(D) recommendations for strengthening the deterrence posture, cybersecurity infrastructure, and democratic resilience of the Baltic countries; and
(E) opportunities to enhance bilateral and multilateral defense cooperation between the United States and the Baltic countries, including through the Baltic Security Initiative established under section 1247 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 138 Stat. 1106; 10 U.S.C. 333 note).
(2) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(3) Appropriate committees of congress defined.--In this subsection, the term "appropriate committees of Congress" means--
(A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
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SA 6332. Mr. DURBIN (for himself 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:
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SEC. 1037. PROHIBITION ON FUNDING FOR ACTIVITIES THAT WOULD
VIOLATE THE POSSE COMITATUS ACT OR INFRINGE ON
POWERS RESERVED TO THE STATES.
None of the funds authorized to be appropriated by this Act for the Department of Defense may be used for, or in support of, any activities that would violate section 1385 of title 18, United States Code (commonly known as the "Posse Comitatus Act"), or infringe on powers reserved to the States under the Constitution of the United States.
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SA 6333. Mr. DURBIN (for himself 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:
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At the end of subtitle D of title X, add the following:
SEC. 1037. POSSE COMITATUS LIMITATIONS ON NATIONAL GUARD
DEPLOYMENTS.
Section 502(f)(2)(A) of title 32, United States Code, is amended by inserting ", subject to the limitations of section 1385 of title 18, commonly referred to as the `Posse Comitatus Act' " after "Secretary of Defense".
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SA 6334. Mr. YOUNG (for himself, Mr. Padilla, Mr. Budd, Mr. Cotton, Mr. Coons, Mr. Fetterman, and Ms. Klobuchar) 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:
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At the end, add the following:
SECTION 1. SHORT TITLE.
This division may be cited as the "American Biotechnology Competitiveness Act".
SEC. 101. DEFINITIONS.
In this title:
(1) Covered provider.--
(A) In general.--Except as provided in subparagraph (B), the term "covered provider" means a person who--
(i) synthesizes and sells synthetic nucleic acids to persons in the United States or in a foreign country; or
(ii) produces and distributes or sells, including resellers, equipment for synthesizing nucleic acids, including benchtop synthesizers, to persons in the United States.
(B) Exception.--The term "covered provider" does not include a person the extent the person sells or distributes synthetic nucleic acids within a commercial entity for the purpose of such entity's research and development activities.
(2) Director.--The term "Director" means the Director of the Office of Science and Technology Policy.
(3) Secretary.--The term "Secretary" means the Secretary of Commerce.
(4) Under secretary.--The term "Under Secretary" means the Under Secretary of Commerce for Standards and Technology.
SEC. 102. SENSE OF CONGRESS.
It is the Sense of Congress that--
(1) the field of biotechnology is accelerating and the United States is at risk of losing its biotechnology leadership to foreign adversaries;
(2) this acceleration of the field brings the United States into a period of both great opportunity and risk;
(3) policymaking for biosecurity, biosafety, and responsible innovation needs to be flexible to keep pace with advances in biotechnology and ensure an environment that allows biotechnology research and industry to flourish;
(4) the current landscape of biosecurity and biosafety authorities is spread among multiple agencies, contributing to slow policymaking, which, coupled with the rapid advancement of biotechnology, becomes outdated quickly;
(5) previous studies conducted by the Government Accountability Office, the National Security Commission for Emerging Biotechnology, and several presidential administrations have already identified gaps in the Federal Government's oversight of biosecurity and biosafety risks;
(6) the United States Government needs to streamline biosecurity and biosafety authorities to ensure efficiency and clarity;
(7) gene synthesis technology is becoming increasingly sophisticated and accessible, along with the ability to design novel nucleic acid sequences;
(8) both of these factors described in paragraph (7) may increase the risk of the development and deployment of new pathogens by bad actors; and
(9) gene synthesis screening of orders and customers is immediately needed to mitigate risk in the short-term, which will act as a stopgap while the United States Government develops a comprehensive biosecurity and biosafety strategy that is appropriate for the dynamic and rapidly advancing field of biotechnology.
SEC. 103. NUCLEIC ACID SYNTHESIS SECURITY.
(a) Regulations Required.--
(1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall, in coordination with the Secretary of Health and Human Services and the heads of other agencies as the Secretary considers appropriate, establish and maintain by regulation the following:
(A) A requirement for covered providers described in section 101(1)(A)(i) to implement screening protocols to detect orders for sequences of concern included in the list established and maintained under subparagraph (C). Such protocols shall--
(i) include the ability for privacy-preserving submission of information regarding orders for potential sequences of concern to a mechanism, which may be maintained by the Secretary or an independent organization designated by the Secretary, for facilitating effective split order detection across covered providers, utilizing the list established and maintained under subparagraph (C); and
(ii) prioritize the mitigation of misuse of sequences capable of creating pathogens with pandemic potential.
(B) A requirement for covered providers to implement screening protocols to verify the identity and legitimacy of customers.
(C) A list of sequences of concern, which shall be determined by the Secretary in consultation with the Secretary of Health and Human Services and such heads of Federal departments and agencies as the Secretary considers appropriate.
(D) A system for reviewing and updating on a regular basis the list of sequences of concern established and maintained under subparagraph (C) that--
(i) uses a docket to allow for privacy-preserving submissions from the public on recommendations for the list of sequences of concern;
(ii) includes an expedited procedure to rapidly add sequences of concern to the list on a provisional basis, which may include, as far as technically feasible, automatic procedures such as algorithmic literature scanning, industry self-reporting, or inter-agency submissions; and
(iii) incorporates strong data security and confidentiality standards.
(E) A conformity assessment system to verify that covered providers are adhering to the requirements established and maintained under subparagraphs (A) and (B), which will include--
(i) an auditing process to ensure orders and customers have been scrutinized appropriately, including procedures to conduct adversarial testing (sometimes referred to as "red-teaming") at random intervals to ensure compliance; and
(ii) a process to revoke conformity status of covered providers that fail to maintain compliance with the requirements established and maintained under subparagraphs (A) and (B), including the establishment of a grace period for covered providers who have failed auditing or adversarial testing under clause (i) to demonstrate compliance or mitigation steps.
(F) Safeguards to ensure regulations promulgated under this subsection avoid unnecessary burden on innovation and industry by--
(i) allowing covered providers to offer an expedited review process for institutional customers, including considering principal investigators at institutions of higher education, with demonstrated records of legitimacy;
(ii) providing exemptions from customer screening requirements for sequences or products as determined in clause (iii) that are clearly non-hazardous and pose no credible threat to public health or national security based on scientific literature and industry best practices for biosecurity screening; and
(iii) conducting regular consultations with relevant experts to determine exempted sequences and minimize regulatory burden while maintaining security effectiveness.
(2) Provisional additions to list of sequences of concern.--For purposes of paragraph (1)(D)(ii), sequences of concern may be added to the list on a provisional basis using a rulemaking process that involves shorter periods for notice and comment, notwithstanding section 553 of title 5, United States Code.
(3) Rule of construction.--Paragraph (1)(A) shall not be construed to prohibit a covered provider from synthesizing a sequence.
(b) Program of Technical Assistance.--
(1) Program required.--The Secretary shall establish a program to provide technical assistance upon request of a covered provider, including assistance with orders whose screening results are ambiguous, subject to determination by the Secretary, in consultation with the heads of such other Federal departments and agencies as the Secretary considers appropriate.
(2) Treatment of information received.--Information received as part of the technical assistance request under paragraph (1) may not be used in any enforcement against a covered provider.
(c) National Institute of Standards and Technology Requirements.--The Under Secretary shall develop best practices, technical standards, and other tools needed to support the administration of subsection (a), including the following:
(1) Testing and evaluation of customer and order screening protocols to improve accuracy, efficacy, and reliability, and to support the conformity assessment system under subsection (a)(1)(E).
(2) Evaluation of the sequences recommended for the list established and updated under subparagraphs (C) and (D) of subsection (a)(1), including by developing best practices and guidelines for determining if a novel sequence is a sequence of concern.
(3) Research and prototype sequence-to-function models to supplement the system established and maintained under subsection (a)(1)(D).
(d) Updates.--As frequently as the Secretary considers appropriate to account for technological advances, but not less frequently than once every 2 years, the Secretary shall review and update the regulations promulgated under subsection (a).
(e) Protection of Customer Information.--Any information about a customer included in a submission under subparagraph (A)(i) or (D)(i) of subsection (a)(1) shall, be kept confidential and shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code.
(f) Relationship With Other Federal Guidelines and Recommendations.--The regulations established and maintained under subparagraphs (A) and (B) of subsection (a)(1) shall supplant any Federal guidelines or recommendations relating to nucleic acid synthesis screening that--
(1) were in effect before the date of the enactment of this Act; and
(2) are voluntary.
(g) Civil Enforcement.--
(1) Civil action.--The Attorney General may bring a civil action in a court of competent jurisdiction against any person who violates a requirement promulgated under subparagraph (A) or (B) of subsection (a)(1),
including through providing false or misleading information or engaging in other deceptive practices, or does not demonstrate compliance within the grace period set forth by subsection (a)(1)(E)(ii).
(2) Powers of the court.--In an action brought under paragraph (1), the court may--
(A) enjoin a violation described in paragraph (1); and
(B) award damages under paragraph (3).
(3) Award of damages.--A person who violates a requirement as described in paragraph (1) is liable for statutory damages--
(A) in the case of an individual, in the sum of not more than $500,000, adjusted from time to time under paragraph (4); and
(B) in the case of a person who is not an individual, in the sum of not more than $750,000, adjusted from time to time under paragraph (4).
(4) Adjustments for inflation.--Effective on October 1 of each year (beginning in the first fiscal year after the date of the enactment of this Act), the dollar amounts in effect under paragraph (3) shall be increased by a percentage equal to the percentage by which the Consumer Price Index for all urban consumers (U.S. city average) increased during the 12-month period ending with the last month for which Consumer Price Index data is available. In the event that such Consumer Price Index does not increase during such period, the dollar amount in effect under such paragraph during the previous fiscal year shall be maintained.
(h) Reports to Congress.--Not less frequently than once each year, the Secretary shall submit to Congress a report on the administration of this section. Each such report shall include an overview of how many covered providers have been verified by the conformity assessment system established and maintained under subsection (a)(1)(E).
SEC. 104.
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ESTABLISHMENT OF BIOTECHNOLOGY GOVERNANCE SANDBOX
PROGRAM.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Under Secretary shall, in collaboration with the heads of such Federal agencies as the Under Secretary considers relevant and with such persons in the private sector, academia, and civil society as the Under Secretary considers appropriate, establish a biotechnology governance sandbox program.
(b) Responsibilities.--Under the program established under subsection (a), the Under Secretary shall--
(1) provide secure testing of innovations or tools developed to advance the science of biosecurity, biosafety, and responsible biotechnology innovation;
(2) foster participation of nongovernmental experts in the development and testing of appropriate levels and methods of governance, to achieve the goals of--
(A) ensuring the continued global competitiveness of biotechnology innovations in the United States;
(B) bolstering the national security posture of the United States; and
(C) strengthening the ability of the United States to robustly analyze emerging threats, anticipate concerns, and govern proactively in the biotechnology space;
(3) carry out biological measurement research to support the development and improvement of technical standards for biosecurity, biosafety, and responsible biotechnology innovation; and
(4) report annually to the Secretary of Commerce on the administration of paragraph (2) and whether any promising governance strategies have resulted from the development and testing.
(c) Access to Environments.--The Under Secretary may contract with the private sector or coordinate with other Federal agencies to access environments necessary to provide testing under subsection (b)(1).
(d) Temporary Waivers of Requirements.--In order to test and experiment with a screening protocol or other tool provided under subsection (b)(1), the Under Secretary may temporarily waive a requirement of section 103 on a case-by-case basis for a covered provider who is participating in the program established under subsection (a) if the Under Secretary considers doing so appropriate.
SEC. 105. STREAMLINING BIOSECURITY AND BIOSAFETY AUTHORITIES
ACROSS THE FEDERAL GOVERNMENT.
(a) Assessment and Plan Required.--Not later than 90 days after the date of the enactment of this Act, the Director shall, in collaboration with the heads of such Federal agencies as the Director considers relevant--
(1) assess the current state of biosecurity and biosafety oversight by the Federal Government; and
(2) develop, based on the findings of the Director with respect to the assessment conducted under paragraph (1), an implementation plan to make oversight of biosecurity and biosafety by the Federal Government more effective and efficient.
(b) Elements of Assessment.--The assessment required by subsection (a)(1) shall include the following:
(1) A full accounting of Federal biosecurity and biosafety authorities and programs, including which agencies hold these authorities, whether these authorities are exercised effectively, and where there are overlaps or redundancies, real or perceived, in regulatory and enforcement authorities.
(2) Engagement with industry stakeholders and academia to understand where there are challenges with compliance, communication, and information sharing.
(3) Identification of gaps in funding or other Government support for the development of research, innovation, and tools that advance the science of applied biosecurity, biosafety, and responsible biotechnology innovation.
(4) Identification of gaps in current Federal biosecurity and biosafety authorities and whether these gaps are hindering effective and efficient governance and assessment of emerging risks and opportunities in biotechnology.
(5) An evaluation of how consolidation of biosecurity and biosafety guidelines, authorities, and regulations across Federal agencies, including the regulations established and maintained under section 103(a), should be implemented to make oversight more effective and efficient and to address the gaps in such guidelines, authorities, and regulations, including those identified under paragraphs (3) and (4).
(c) Report to Congress.--
(1) In general.--Not later than 90 days after the date on which the Director completes the assessment required by paragraph (1) of subsection (a) and the implementation plan required by paragraph (2) of such subsection, the Director shall submit to Congress--
(A) a report on the findings of the Director with respect to the assessment; and
(B) a copy of the implementation plan.
(2) Contents.--The report submitted pursuant to paragraph (1)(A) shall include the following:
(A) The findings of the Director with respect to the assessment conducted pursuant to subsection (a)(1), with an annex for classified and business confidential information, as needed.
(B) Recommendations for legislative or administrative action to support the implementation plan developed under subsection (a)(2), according to--
(i) what, if any, new biosecurity and biosafety authorities are needed; and
(ii) where the Federal Government can consolidate biosecurity and biosafety authorities, including which, if any, should be reside under a common government entity, and whether this necessitates establishing a new government entity.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on which the Director completes the implementation plan required by subsection (a)(2), the Director shall commence implementing the plan through administrative action in accordance with applicable provisions of law.
(2) Governance strategies.--In carrying out the implementation plan developed under subsection (a)(2), the Director shall consider which, if any, of the governance strategies reported under section 104(b)(4) should be included in the plan.
(e) Authorization of Appropriations.--There is authorized to be appropriated $6,000,000 for the National Institute of Standards and Technology to carry out this section.
SEC. 201. DEFINITIONS, STANDARDS, RESOURCES, AND FRAMEWORKS
BY THE NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY FOR CERTAIN BIOLOGICAL DATASETS.
Not later than 2 years after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology (in this section referred to as the "Director"), shall establish, and make publicly available, definitions, standards, resources, and frameworks to ensure each biological dataset generated as a result of qualified federally funded research--
(1) is artificial intelligence-ready;
(2) enables the effective use of the dataset for training artificial intelligence models; and
(3) supports advancements in research relating to artificial intelligence and biotechnology.
TITLE III--NATIONAL PROGRAMMABLE CLOUD LABORATORIES NETWORK
SEC. 301. DEFINITIONS.
(a) Definitions.--In this title:
(1) Artificial intelligence.--The term "artificial intelligence" has the meaning given that term in section 5002 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 9401).
(2) Biological data.--The term "biological data" means the information, including associated descriptors, derived from the structure, function, or process of a biological system that is either measured, collected, or aggregated for analysis.
(3) Director.--Unless otherwise provided, the term "Director" means the Director of the National Science Foundation.
(4) Institution of higher education.--The term "institution of higher education" has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(5) Network.--The term "Network" means the National Programmable Cloud Laboratories Network.
(6) Node.--The term "node" means a programmable cloud laboratory designated as part of the Network.
(7) Non-designated laboratory.--The term "non-designated laboratory" means any Federal, academic, nonprofit, or private industry programmable cloud laboratory not selected as a node under section 302.
(8) Programmable cloud laboratory.--The term "programmable cloud laboratory"
means a physical laboratory that is equipped with research instrumentation and advanced manufacturing capabilities, including robotics and artificial intelligence, that can be securely and remotely programmed and controlled in order to conduct experiments and collect associated data.
SEC. 302.
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NATIONAL PROGRAMMABLE CLOUD LABORATORIES NETWORK.
(a) Purposes.--The purposes of the Network established under this title are--
(1) to maintain leadership by the United States in advanced experimentation, laboratory automation, and artificial intelligence for scientific research, advanced manufacturing, long-term economic competitiveness, and national security;
(2) to reduce the cost of federally funded research through automation and reproducibility;
(3) to accelerate national competitiveness by transferring government-funded research to private-sector commercial applications;
(4) to improve collaboration among federally funded national laboratories, institutions of higher education, and private industry;
(5) to ensure that investment in programmable cloud laboratories results in measurable cost savings, efficiencies, and long-term fiscal sustainability;
(6) to incentivize private-sector cost-sharing in research infrastructure and equipment;
(7) to support workforce development aligned with the technical needs of industry in the United States;
(8) to provide funding for nodes;
(9) to advance the development of a domestic industrial base for scientific automation tools, artificial intelligence systems for experimentation, and robotics platforms for use in laboratory settings; and
(10) to further programmable cloud laboratory research in areas such as materials science, biotechnology, chemistry, and other scientific or engineering disciplines where automation and cloud-enabled experimentation can deliver transformative results, including advanced materials synthesis and characterization, scalable biotechnology experimentation, and high-throughput chemical catalyst development.
(b) Establishment.--
(1) In general.--
(A) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Director, in consultation with the Director of the National Institute of Standards and Technology, shall designate and oversee a National Programmable Cloud Laboratories Network of not more than 6 nodes to support secure, standards-based, and cost-effective remote experimentation and automated research.
(B) Awards.--The Director shall award a grant to each node, in an amount not to exceed $5,000,000 per fiscal year for a period of not more than 5 years, to support the Network.
(2) Assessment sequencing.--The assessment required under section 304 shall be conducted only after the final designation of nodes under paragraph (1).
(3) Nodes.--The Network shall consist of nodes that--
(A) enable programmable workflows and automated science;
(B) provide access to advanced scientific and manufacturing instruments, including artificial intelligence-enabled tools;
(C) collaborate to establish and adopt common standards, protocols, and best practices; and
(D) support interoperability across and between nodes.
(c) Application and Selection.--
(1) In general.--The Director shall issue a public solicitation for eligible entities to apply for node designation.
(2) Eligible entities.--Eligible entities that may apply for designation as a node include--
(A) institutions of higher education;
(B) nonprofit research organizations;
(C) private-sector research entities; and
(D) consortia or collaborations of the entities described in subparagraphs (A) through (C).
(d) Applications for Designation.--
(1) In general.--An eligible entity that desires to apply for designation as a node in the Network shall submit an application to the Director at such time and in such manner as the Director may require.
(2) Matters to be included.--The application required under paragraph (1) shall include--
(A) a technical and programmatic plan for laboratory operations, automation capabilities, and data integration;
(B) a plan to achieve long-term self-sustainability, including metrics, interim milestones, and a timeline for reducing reliance on Federal funding; and
(C) evidence of non-Federal cost share, private capital, or other third-party contributions demonstrating self-sustainability potential.
(e) Evaluation of Applicants.--The Director shall ensure that the process for selecting eligible entities for designation in the Network is competitive, merit-based, and transparent, through the evaluation of, with respect to each entity--
(1) pre-existing laboratory infrastructure and suitability for automated science;
(2) capacity to support distributed, cloud-enabled programmable workflows for multiple users;
(3) likelihood of achieving long-term sustainability without continued Federal funding;
(4) demonstrated ability to collaborate with other nodes, academic partners, industry partners, or other Federal research agencies (as defined in section 10002 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 18901));
(5) protocols for research security, cybersecurity, and responsible access; and
(6) demonstration of user interest and research needs.
(f) Designation.--In designating nodes, the Director shall--
(1) give preference to applicants demonstrating meaningful third-party cost share and pre-existing infrastructure; and
(2) to the extent practicable, ensure that at least 1 node demonstrates the capability to support cloud-enabled biotechnology research, including automated experimentation or quality control workflows.
(g) Responsibilities.--Each node selected by the Director shall--
(1) support the purposes described in subsection (a);
(2) facilitate collaboration among Network members to expand and integrate automated science capabilities and best practices;
(3) actively participate with the Director of National Institute of Standards and Technology in developing network-wide interoperability, data-sharing, cybersecurity, and artificial intelligence-assisted experimentation standards;
(4) support secure sharing of experimental data, models, and results across institutions of higher education participating in the Network, if applicable;
(5) provide a secure digital infrastructure to enable remote experimentation, artificial intelligence-assisted analysis, and reproducible science;
(6) engage in public-private partnerships to streamline the transfer of technology developed using Network infrastructure;
(7) develop and maintain a financial sustainability plan to reduce long-term reliance on Federal funds, including through user fees, licensing, consortia membership, or other revenue-generating models;
(8) establish performance metrics, including scientific output, cost-effectiveness, academic engagement, private-sector engagement, user satisfaction, and reproducibility of results; and
(9) where practicable, leverage commercially available hardware and software solutions to minimize cost and accelerate deployment of automated science capabilities.
SEC. 303. INTERAGENCY COLLABORATION.
Not later than 180 days after all nodes of the Network are designated, the Director of the National Institute of Standards and Technology, in cooperation with the Director and participating eligible entities (including institutions of higher education), shall--
(1) develop and promulgate standards to ensure interoperability across Network nodes, including laboratory instrumentation, data infrastructure, communication protocols, and experiment execution systems;
(2) establish protocols for secure, seamless, and standardized data-sharing among all members of the Network aligned with node-level cybersecurity and research security protocols;
(3) define minimum technical requirements and operating procedures to support remote experimentation, experiment reproducibility, and artificial intelligence-assisted workflows; and
(4) periodically update such standards in consultation with private-sector partners and nodes of the Network to reflect advancements in hardware, software, and automation technology.
SEC. 304. ASSESSMENT OF NON-DESIGNATED LABORATORIES.
(a) Assessment Requirement.--Not later than 180 days after the Director designates the final node of the Network under section 302, the Director, in consultation with the Secretary of Energy and the Director of the National Institute of Standards and Technology, shall conduct and submit to the appropriate committees of Congress, a comprehensive assessment of non-designated laboratories.
(b) Scope.--The assessment under subsection (a) shall identify, to the extent practicable--
(1) Federal laboratories, institutions of higher education, nonprofit organizations, and private-sector laboratories that possess or are developing programmable, automated, or remotely accessible research infrastructure;
(2) the instrumentation, automation, and data capabilities of such laboratories;
(3) cybersecurity and research security measures relevant to interoperability;
(4) existing or potential pathways for such laboratories to coordinate with Network nodes in areas such as data-sharing, standards adoption, or pilot interoperability projects; and
(5) legal, contractual, or intellectual property considerations that may affect participation in the Network.
(c) Confidentiality and Security.--
(1) In general.--In carrying out the assessment under subsection (a), the Director shall ensure that proprietary information is protected from public disclosure consistent with applicable law.
(2) Publication of nonproprietary public summary.--The Director shall publish a nonproprietary public summary of the assessment under subsection (a) and may submit a
proprietary annex for that assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
SEC. 305. REPORTING AND OVERSIGHT.
(a) Annual Briefings.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives on the status of the Network.
(b) Contents.--Each briefing required under subsection (a) shall include an assessment of--
(1) the alignment of supported research with national scientific and economic priorities;
(2) the progress each node of the Network has made toward achieving self-sustainability as described in section 302(d)(2)(B); and
(3) the performance metrics established in section 302(g)(8).
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be appropriated to carry out the activities under this title--
(1) $30,000,000 for fiscal year 2027;
(2) $30,000,000 for fiscal year 2028;
(3) $30,000,000 for fiscal year 2029;
(4) $30,000,000 for fiscal year 2030; and
(5) $30,000,000 for fiscal year 2031.
(b) Derivation of Funds.--Amounts made available to carry out this title shall be derived from amounts appropriated or otherwise made available to the National Science Foundation
SEC. 307. SUNSET.
The National Programmable Cloud Laboratories Network, including all authorities, programs, and funding provided under this title, shall terminate on September 30, 2031.
SEC. 401. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Biotechnology is the designing and engineering of biological systems. Biotechnology allows scientists to grow everything from medicines to crops to materials, enabling "biology by design".
(2) Biotechnology holds the potential for the United States to transform its military capabilities, strengthen food security and agricultural resilience, and cure life-threatening diseases, but it holds that same potential for other countries. The countries that master biotechnology first will gain the ability to shape how those technologies are used for decades to come.
(3) Biotechnology unlocks the capabilities of producing medicines via biological systems, known as biopharmaceutical manufacturing.
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Biopharmaceutical manufacturing will enable better and less invasive treatments that extend and improve lives.
(4) By investing in biomanufacturing, the United States Government would reduce dependency on foreign supply chains.
(5) For United States manufacturers, the biggest roadblock to commercialization is proving that their products and processes can scale and produce a return on investment. Biomanufacturing requires flexible and affordable infrastructure for development, to ensure that innovative products can rapidly move from the lab to commercial-scale production.
(b) Sense of Congress.--It is the sense of Congress that--
(1) to realize the potential of biotechnology in the pharmaceutical sector, the United States Government should establish and operate a biopharmaceutical manufacturing innovation center;
(2) the center should facilitate and accelerate manufacturing innovation, support good manufacturing practices, and provide for collaboration among public, private, and nonprofit institutions; and
(3) the center should also facilitate training for workers to operate biotechnology tools and equipment and to bolster talent throughout the biotechnology sector.
SEC. 402. ESTABLISHMENT OF NATIONAL BIOPHARMACEUTICAL
INNOVATION CENTER.
The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended--
(1) by redesignating section 36 as section 37; and
(2) by inserting after section 35 the following:
"SEC. 36. NATIONAL BIOPHARMACEUTICAL INNOVATION CENTER.
"(a) Establishment of Innovation Center.--
"(1) In general.--The Director shall award a grant to or enter into an other transaction agreement with, on a competitive basis, an eligible entity to establish and operate the National Biopharmaceutical Manufacturing Innovation Center (in this section referred to as the `Innovation Center').
"(2) Objectives.--The objectives of the Innovation Center include--
"(A) advancing the science of biopharmaceutical manufacturing, especially with respect to products of particular importance to the national security, health security, or economic security of the United States, including by--
"(i) developing and demonstrating flexible biopharmaceutical manufacturing technologies and systems that connect the United States pharmaceutical industry with the research of the National Institute of Standards and Technology, including propagation of measurement science and standards related to biopharmaceutical manufacturing;
"(ii) improving upstream and downstream processes for multiple biopharmaceutical manufacturing platforms or product modalities;
"(iii) improving biopharmaceutical manufacturing equipment and capabilities; and
"(iv) reducing supply bottlenecks and strengthening supply chain self-sufficiency through demonstration of innovative technologies;
"(B) supporting good manufacturing practices, quality by design, and standardization of chemistry, manufacturing, and controls to ensure effective and efficient manufacturing and to improve the regulation of innovative methods of manufacturing;
"(C) advancing workforce training and development by working with educational and community partners to bolster biotechnology talent;
"(D) developing the science of and deploying the infrastructure for innovative biopharmaceutical manufacturing by engaging with--
"(i) institutions of higher education;
"(ii) small, medium, and large pharmaceutical manufacturers;
"(iii) Federal, State, and local government agencies and institutes;
"(iv) non-profit organizations;
"(v) professional organizations; and
"(vi) any other entity the Director considers relevant;
"(E) aligning with and complementing existing Department of Commerce initiatives, including the Manufacturing Innovation Institutes, metrology research and standards setting, and research programs;
"(F) ensuring small- and medium-size biopharmaceutical manufacturers have equal access to the Innovation Center and its resources;
"(G) sharing with the head of any Executive agency that oversees the planning, management, or coordination of Federal activities relating to biotechnology research generated by the Innovation Center, including data regarding best practices for biopharmaceutical manufacturing; and
"(H) any other objective the Director considers relevant.
"(3) Funding.--Subject to the availability of appropriations, the Director shall award the Innovation Center funding for any of the following:
"(A) To facilitate the construction, expansion, or renovation of facilities necessary to accomplish the objectives described in paragraph (2).
"(B) To conduct collaborative research on new technology for scaling biopharmaceutical manufacturing in the United States for commercial production, including with the National Institute of Standards and Technology as appropriate.
"(C) To facilitate workforce training programs for biopharmaceutical manufacturing.
"(D) To fund relevant research and programs for the development of biopharmaceutical manufacturing and for the practical adoption of measurement science and standards setting in biopharmaceutical manufacturing.
"(b) Application; Award.--
"(1) In general.--Not later than 180 days after the date of the enactment of this section, the Director shall solicit applications from eligible entities specified in paragraph (2) and award to or enter into with one such entity a grant or other transaction agreement to establish the Innovation Center.
"(2) Eligibility.--An entity is eligible to submit an application pursuant to paragraph (1) if--
"(A) the entity is--
"(i) a public-private partnership;
"(ii) an institution of higher education; or
"(iii) a consortia of entities specified in clauses (i) or (ii); and
"(B) the entity is not a Federal entity.
"(3) Content of application.--An application submitted by an entity pursuant to paragraph (1) shall include--
"(A) examples from the entity of previous research, development, implementation, and demonstration of innovative practices of biopharmaceutical manufacturing;
"(B) a description of the manner by which the entity plans to advance the science of biopharmaceutical manufacturing, especially with respect to products of particular importance to the national security, health security, or economic security of the United States;
"(C) a description of the manner by which the entity plans to incorporate good manufacturing practices, quality by design, and standardization of chemistry, manufacturing, and controls, and similar guidance to ensure effective and efficient manufacturing and to make innovative methods of manufacturing more understandable to Executive agencies that are tasked with regulating such methods;
"(D) examples of trainings facilitated by the entity that prepare workers for the biotechnology sector;
"(E) a description of any existing partnerships with educational or community partners that help facilitate workforce training for the biotechnology sector;
"(F) a description of any experience participating in or leading biopharmaceutical manufacturing partnerships, including those
with institutions of higher education, pharmaceutical manufacturers, non-profit organizations, and governmental agencies--
"(i) to organize and conduct research and development aimed at--
"(I) creating and standardizing new and more effective technology;
"(II) developing best practices and sharing knowledge about such technology;
"(III) creating intellectual property; and
"(IV) maintaining technological leadership in the United States;
"(ii) to support the deployment of innovative practices and infrastructure of biopharmaceutical manufacturing in the United States; and
"(iii) to support developing a skilled workforce ready to use innovations in the biopharmaceutical manufacturing sector; and
"(G) a description of how the entity intends to utilize any funds authorized under this section to build or expand facilities and infrastructure to achieve any of the objectives described in subsection (a)(2).
"(4) Selection criteria.--In selecting an applicant for a grant or other transaction agreement under paragraph (1), the Director shall consider the following:
"(A) The potential of the applicant to establish a Innovation Center that would achieve the objectives set forth in subsection (a)(2).
"(B) The past performance of the applicant in biopharmaceutical manufacturing workforce development and the potential of the applicant to support workforce development activities in various regions throughout the United States.
"(C) The extent to which the applicant proposes to leverage the activities of other biopharmaceutical manufacturing innovation, development, and scaling initiatives, including Manufacturing USA institutes (as defined in section 34(d)).
"(D) Whether the proposed location for the Innovation Center is proximate to other biomanufacturing infrastructure, training facilities, or industrial clusters.
"(E) The time the applicant estimates is needed for the Innovation Center to be fully operational and to start delivering impact.
"(F) The amount of co-investment committed by Federal, State, private, and other sources to establish the Innovation Center.
"(G) The alignment with the other initiatives of the Department of Commerce and the National Institute of Standards and Technology, including the Manufacturing Innovation Institutes, biometrology research and standards setting, and research programs.
"(H) Plans for the Innovation Center to engage in collaborative research with the National Institute of Standards and Technology.
"(I) Any additional criteria that the Director considers relevant.
"(c) Annual Reports.--
"(1) Initial report.--Not later than one year after the date on which the Director awards to or enters into with an eligible entity a grant or other transaction agreement to establish the Innovation Center under subsection (b)(1), the Director shall submit to Congress a report describing the progress on establishing the Innovation Center, including--
"(A) the construction of facilities;
"(B) any activities, partnerships, and collaborations by the Innovation Center; and
"(C) any other information regarding the formation of the Innovation Center that the Director considers relevant.
"(2) Progress report.--Not later than one year after the date on which operations at the Innovation Center officially begin, the Director shall submit to Congress a report describing--
"(A) the activities, partnerships, collaborations, and findings of the Innovation Center; and
"(B) any other information regarding the Innovation Center that the Director considers relevant.
"(3) Final report.--Not later than 5 years after the date on which operations at the Innovation Center officially begin, the Director shall submit to Congress a report describing--
"(A) the activities, partnerships, collaborations, and findings of the Innovation Center; and
"(B) any other information regarding the Innovation Center that the Director considers relevant.
"(4) Publication.--The Director shall make the reports required by paragraphs (1), (2), and (3) available to the public in an easily accessible electronic format on a website of the Federal Government that includes information on biotechnology.
"(d) Guidelines.--The Director shall ensure that, prior to commencing operations, the Innovation Center, in collaboration with similar existing institutions, such as Manufacturing USA institutes (as defined in section 34(d)), establishes guidelines for research conducted within or in collaboration with the Innovation Center, including guidelines with respect to intellectual property and any other guideline that the Director considers relevant.
"(e) Authorization of Appropriations.--There is authorized to be appropriated to the Director to carry out this section--
"(1) $40,000,000 for fiscal year 2027;
"(2) $40,000,000 for fiscal year 2028; and
"(3) $40,000,000 for fiscal year 2029.
"(f) Definitions.--In this
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section:
"(1) Biomanufacturing.--The term `biomanufacturing' means the use of a biological system to produce goods and services at commercial scale.
"(2) Biopharmaceutical.--The term `biopharmaceutical' means a pharmaceutical drug product manufactured using, extracted from, or synthesized from living cells or biological organisms.
"(3) Biotechnology.--The term `biotechnology' means technology that applies to or is enabled by life sciences innovation or product development.
"(4) Executive agency.--The term `Executive agency'--
"(A) has the meaning given that term in section 105 of title 5, United States Code; and
"(B) includes the Executive Office of the President and the Office of the Vice President.
"(5) Institution of higher education.--The term `institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).".
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SA 6335. Mr. WICKER (for himself and Mr. Reed) 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:
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Strike section 704.
In section 4701, in the table relating to Weapons Activities, Stockpile management--
(1) move the item relating to "Restoration of statutorily-directed funding" from below the item relating to "W88 ALT 370" to below the item relating to "W-80-5 Modification Program";
(2) in the item relating to "W-80-5 Modification Program", strike "0" in the Senate Authorized column and insert "150,000"; and
(3) strike the item relating to "Realignment of improperly applied reconciliation funds".
In section 4701, in the table relating to Production Modernization--
(1) in the item relating to "21-D-510 HE Synthesis, Formulation, and Production, PX"--
(A) strike "0" in the Senate Authorized column and insert "42,000"; and
(B) strike the line relating to "Project Continuation"; and
(2) in the item relating to "18-D-690 Lithium Processing Facility, Y-12", strike the line relating to "Project Continuation".
In section 4701, in the table relating to "Stockpile research, technology, and engineering", in the line relating to "Enhanced sustainment for Omega Laser Facility", under "Inertial Confinement Fusion", strike "0" in the Senate Authorized column and insert "(15,000)".
In section 4701, in the table relating to "Savannah River Site", in the item relating to "Savannah River community and regulatory support"--.
(1) strike "5,450" in the Senate Authorized column and insert "10,450";
(2) in the item relating to "Payment in lieu of taxes", strike "5,000" and insert "(5,000)"; and
(3) strike the item relating to "Program restoration".
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SA 6336. Mr. RISCH (for himself, Ms. Cortez Masto, and Mr. Crapo) 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:
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At the appropriate place in title X, insert the following:
SEC. 1___. FINDINGS.
Congress finds the following:
(1) Precious metals exchanges currently require physically traded metals to be stored within close proximity to New York City.
(2) Geographic concentration creates systemic risk vulnerabilities, reduces available liquidity, and increases the cost to market participants.
(3) Recent liquidity events in global metals markets underscore the need to minimize regulatory barriers that reduce the available supply of metals to the publicly traded marketplace.
(4) Notwithstanding the current limited supply, the security standards of existing vaults supporting publicly traded exchanges are outstanding and have enhanced the confidence of market participants.
(5) Market liquidity and participant confidence will be enhanced by the addition of storage vaults of relative scale and commercial importance in the marketplace.
(6) Additional supply in lower-cost markets, especially markets that are near hubs of precious metals activity and interstate transportation networks, would also reduce storage costs, enhance competition in the storage marketplace, and promote greater market access to investors.
(7) It is in the public interest for systemically important financial market utilities to provide a clear and transparent selection process for precious metals storage facilities within their network.
SEC. 1___. PRECIOUS METALS DEPOSITORIES USED IN CONNECTION
WITH FUTURES CONTRACTS.
Section 5b(c)(2) of the Commodity Exchange Act (7 U.S.C. 7a-1(c)(2)) is amended--
(1) in subparagraph (E)(vii), by inserting ", including risks related to the geographic concentration of depositories for the storage of gold, silver, platinum, and palladium (referred to in this paragraph as `precious metals')," after "clause (vi)";
(2) in subparagraph (F)--
(A) by redesignating clause (iii) as clause (iv); and
(B) by inserting after clause (ii) the following:
"(iii) Approval of precious metals depositories.--
"(I) In general.--A derivatives clearing organization that clears agreements, contracts, transactions, or swaps that can result in the physical delivery of precious metals and is a designated financial market utility (as defined in section 803 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5462)) (referred to in this paragraph as a `systemically important derivatives clearing organization') shall--
"(aa) develop, publish, and employ objective and transparent criteria in evaluating and selecting depositories for the storage of precious metals used in connection with a contract of sale of a commodity for future delivery; and
"(bb) provide a formal process for those depositories to apply for that selection.
"(II) Selection factors.--In selecting depositories under subclause (I), a systemically important derivatives clearing organization shall--
"(aa) assess and account for, among other factors, geographic diversity, competition, risk management, storage costs to members and participants, and systemic risk implications; and
"(bb) approve new depositories in the context of a public interest in increased geographic diversity, increased liquidity, market resiliency, market access, competition, and cost efficiency, consistent with appropriate security and quality standards.
"(III) Geographical requirement.--
"(aa) In general.--A systemically important derivatives clearing organization shall select at least 2 depositories described in subclause (I) in each time zone described in item (bb).
"(bb) Time zone.--A time zone referred to in item (aa) is each of the following:
"(AA) Eastern time.
"(BB) Central time.
"(CC) Mountain time.
"(DD) Pacific time.";
(3) in subparagraph (I)--
(A) in clause (ii)(II), by striking "and" at the end;
(B) in clause (iii), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(iv) periodically assess the ease of access for market participants with respect to the physical settlement of any commodity, regardless of the geographic location within the United States, to ensure system availability and resiliency.";
(4) in subparagraph (L)(iii)--
(A) in subclause (IV), by striking "and" at the end;
(B) by redesignating subclause (V) as subclause (VI); and
(C) by inserting after subclause (IV) the following:
"(V) in the case of a systemically important derivatives clearing organization, conditions for applying to, and receiving approval from, the systemically important derivatives clearing organization as a metal service provider, such as a depository for the storage of precious metals; and"; and
(5) in subparagraph (N)(i), by inserting ", including with respect to the approval of a metal service provider, such as a depository for the storage of precious metals" after "trade".
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SA 6337. Mr. WYDEN (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:
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At the appropriate place in title XVI, insert the following:
SEC. ___. SECURE AND INTEROPERABLE DEFENSE COLLABORATION
TECHNOLOGY.
(a) Definitions.--In this section:
(1) Chief information officer.--The term "Chief Information Officer" means the Chief Information Officer of the Department of Defense.
(2) Collaboration technology.--The term "collaboration technology" means a software system or application that offers one or more primary collaboration technology features.
(3) Department.--The term "Department" means the Department of Defense.
(4) End-to-end encryption.--The term "end-to-end encryption" means communications encryption in which data is encrypted when being passed through a network such that no party, other than the sender and each intended recipient of the communication, can access the decrypted communication, regardless of the transport technology used and the intermediaries or intermediate steps along the sending path.
(5) Identified standards.--The term "identified standards" means the standard, or set of standards, identified under subsection (b)(2).
(6) Interoperability.--The term "interoperability" has the meaning given the term in section 3601 of title 44, United States Code.
(7) Open standard.--The term "open standard" means a standard, or a set of standards, that--
(A) is available for any individual to read and implement;
(B) does not impose any royalty or other fee for use; and
(C) can be certified for low or no cost to users of the standard or set of standards.
(8) Primary collaboration technology feature.--The term "primary collaboration technology feature" means a technology feature or function that--
(A) facilitates remote work or collaboration within the Department;
(B) facilitates the work or collaboration described in subparagraph (A) by providing functionality that is core or essential, rather than ancillary or secondary; and
(C) is identified by the Chief Information Officer under subsection (b)(1).
(9) Standards-compatible collaboration technology.--The term "standards-compatible collaboration technology" means collaboration technology--
(A) each primary collaboration technology feature of which is compatible with the identified standards for such a primary collaboration technology feature; and
(B) that has demonstrated compliance under subsection (d)(2).
(10) Voluntary consensus standard.--The term "voluntary consensus standard" has the meaning given such term in Circular A-119 of the Office of Management and Budget entitled "Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities", issued in revised form on January 27, 2016.
(11) Third-party hosting server.--The term "third-party hosting server" means any computer or software system which is not directly operated and managed by the Department.
(b) Identifying Standards for Defense Collaboration Technology.--
(1) Identification of features.--Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer shall, in consultation with such others as the Chief Information Officer considers relevant, identify a list of primary collaboration technology features, including--
(A) voice and video calling, including--
(i) calling between two individuals within the Department (including any agencies or departments within the Department); and
(ii) calling between not less than three individuals within the Department (including any agencies or departments within the Department);
(B) text-based messaging within the Department (including any agencies or departments within the Department);
(C) file sharing within the Department (including any agencies or departments within the Department);
(D) live document editing within the Department (including any agencies or departments within the Department);
(E) scheduling and calendaring within the Department (including any agencies or departments within the Department); and
(F) any other technology feature or function that the Chief Information Officer considers appropriate.
(2) Identification of standards.--Not later than two years after the date of the enactment of this Act, the Chief Information Officer shall identify a standard, or set of standards, for collaboration technology used by the Department that--
(A) for each primary collaboration technology feature, specifies interoperability protocols, and any other protocol, format, requirement, or guidance required to create interoperable implementations of that feature, including--
(i) protocols for applications to specify and standardize security, including systems for--
(I) identifying and authenticating the individuals who are party to a communication or collaboration task;
(II) controlling the attendance and security settings of voice and video calls; and
(III) controlling access and editing rights for shared documents; and
(ii) protocols for any ancillary feature the Chief Information Officer identifies to support the core primary collaboration technology feature, including participation features available within video meetings;
(B) to the extent possible, is based on open standards;
(C) to the extent possible, is based on standards planned, developed, established, or coordinated using procedures consistent with those for voluntary consensus standards;
(D) subject to paragraph (3), uses end-to-end encryption technology;
(E) incorporates protocols, guidance, and requirements based on best practices for the cybersecurity of collaboration technology and collaboration technology features;
(F) to the extent practicable, integrates cybersecurity technology designed to protect communications from surveillance by foreign adversaries, including technology to protect communications metadata from traffic analysis, with requirements developed in consultation with such others as the Chief Information Officer considers relevant;
(G) to the extent practicable, is usable by, or offers options for, users with internet connections that have low-bandwidth or high-latency;
(H) subject to paragraph (5), with respect to the use of primary collaboration technology features, adds requirements to the identified standards that enables compliance with record retention and disclosure obligations, and permit internal lawful access for law enforcement purposes; and
(I) to the extent practicable, is compatible with all relevant information management rules, regulations, and policies, without the need for waivers or exceptions to such requirements.
(3) End-to-end encryption requirements.--
(A) In general.--The end-to-end encryption technology selected as part of the identified standards under paragraph (2), to the extent practicable, shall ensure that collaboration and communications content data cannot be compromised if a third-party hosting server is compromised.
(B) End-to-end encryption not available.--Subject to subparagraph (C), if the Chief Information Officer has identified an ancillary feature or function for a primary collaboration technology feature and is unable to identify a standard, or set of standards, that uses end-to-end encryption and that is compatible with such ancillary feature or function, the Chief Information Officer may identify a standard or set of standards that does not utilize end-to-end encryption that may be used to support the ancillary feature or function.
(C) End-to-end encryption by default.--
(i) In general.--Subject to clause (ii), the Chief Information Officer shall ensure that, with respect to the use of standards-compatible collaboration technology that offers an ancillary technology feature or function described in subparagraph (B)--
(I) the ancillary feature or function is disabled by default; and
(II) the primary collaboration technology feature uses end-to-end encryption.
(ii) Exception.--Clause (i) shall not apply to the use of a primary collaboration technology feature with an ancillary feature or function described in subparagraph (B) if--
(I) the Chief Information Officer has enabled the use of the ancillary feature or function within the Department;
(II) each user of the ancillary feature or function has been notified of the additional cybersecurity and surveillance risks accompanying the use of the ancillary feature or function;
(III) each user of the ancillary feature or function has explicitly opted into the use of the ancillary feature or function; and
(IV) the primary collaboration technology feature offers a means for the Chief Information Officer to collect aggregate statistics about the use of the options that are not end-to-end encrypted.
(D) Encryption status transparency.--To the extent practicable, the Chief Information Officer shall identify protocols, guidance, or requirements to ensure that standards-compatible collaboration technology provides users the ability to easily see the encryption status of any collaboration feature in use.
(4) Considerations.--In identifying the identified standards, the Chief Information Officer shall consider secure, standards-based technologies adopted by a component or element of the Department, allies of the United States, State and local governments, and the private sector.
(5) Compliance with record-keeping requirements.--The Chief Information Officer shall ensure, to the greatest extent practicable, that the requirements added to the identified standards to achieve compliance with record retention and disclosure obligations, and to permit internal lawful access for law enforcement purposes--
(A) preserve the security benefits of end-to-end encryption, including that only specifically authorized personnel of the Department can access retained records of collaboration;
(B) avoid storing information, like plaintext messages or decryption keys, that would compromise the security of communications content data if a third-party hosting server were compromised;
(C) minimize other cybersecurity risks; and
(D) require that all users party to a communication be notified that the communications content data is being saved for archival purposes.
(6) Waiver to extend deadline for standards identification.--
(A) In general.--If the Chief Information Officer determines that it is infeasible to identify a standard for a particular primary collaboration technology feature not later than two years after the date of enactment of this Act, the Chief Information Officer may issue a waiver to extend the deadline for the identification of such standard for the particular primary collaboration technology feature.
(B) Waiver requirements.--A waiver described in subparagraph (A) shall include--
(i) the particular primary collaboration technology feature for which the waiver is issued; and
(ii) an explanation of the reason for which it is currently infeasible to identify a standard meeting the requirements under paragraph (2).
(C) Waiver duration.--A waiver issued by the Chief Information Officer under subparagraph (A) shall be valid for one year.
(D) Waiver re-issuance.--The Chief Information Officer may re-issue a waiver under paragraph (1) for a primary collaboration technology feature not more than ten times.
(c) Requirement to Use Identified Standards.--
(1) In general.--On and after the date that is four years after the date on which the Chief Information Officer identifies the identified standards, the head of a component or element of the Department may only procure collaboration technology if the collaboration technology is standards-compatible collaboration technology.
(2) Exception for particular collaboration systems.--The following collaboration systems shall not be subject to the requirements under paragraph (1):
(A) Email.
(B) Voice services, as defined in section 227(e) of the Communications Act of 1934 (47 U.S.C.
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227(e)).
(C) National security systems, as defined in section 11103(a) of title 40, United States Code.
(3) Exception for post-purchase configuration.--If a software product or a device with a software operating system has built-in primary collaboration technology features that are not compatible with the identified standards, and the Chief Information Officer cannot procure the product or device with those primary collaboration technology features disabled before purchase, the Chief Information Officer may comply with this subsection by disabling the primary collaboration technology features that are not compatible with the identified standards before provisioning the software product or device to an employee of the Department.
(4) Certification for waiver.--
(A) Certification.--The Chief Information Officer may issue a certification for waiver of the prohibition under paragraph (1) with respect to a particular collaboration technology.
(B) Requirement.--A certification under subparagraph (A) shall cite not less than one specific reason, which shall not be a generalized national security claim, for which the Department is unable to procure standards-compatible collaboration technology that meets the needs of the Department.
(C) Submission.--The Chief Information Officer shall submit to the congressional defense committees a copy of each certification issued under subparagraph (A).
(D) Publishing.--
(i) Accessible posting.--The Chief Information Officer shall publish a copy of each certification issued under subparagraph (A) on the website of the Department.
(ii) National security.--The Secretary of Defense may waive the requirement of subclause (i) on a case-by-case basis if the Secretary certifies, in writing, to the congressional defense committees that publicly posting the waiver described in subparagraph (A) would harm the national security of the United States.
(E) Duration; renewal.--A certification with respect to a particular collaboration technology under this paragraph shall result in a waiver of the prohibition for that particular collaboration technology under paragraph (1)(B) that--
(i) shall be valid for a four-year period; and
(ii) may be renewed by the Chief Information Officer, after conducting a new assessment of available standards-collaboration technology.
(d) Attestation of Compliance and Interoperability Test Results.--
(1) Interoperability test.--Not later than one year after the date on which the Chief Information Officer identifies the identified standards, the Chief Information Officer shall identify third-party online interoperability test suites, including not less than one free test suite, or develop a free online interoperability test suite if no suitable third-party test suite can be identified, which shall--
(A) enable any entity to test whether an implementation of a primary collaboration technology feature has interoperability with the identified standards; and
(B) offer an externally-shareable version of the interoperability test results that can be provided as part of a demonstration of compliance under paragraph (2).
(2) Demonstration of compliance.--In order to demonstrate that a collaboration technology is a standards-compatible collaboration technology, the provider of the collaboration technology shall provide to the Chief Information Officer--
(A) an attestation that includes an affirmation that--
(i) each primary collaboration technology feature of the collaboration technology, by default--
(I) uses the relevant standard or standards from the identified standards for the primary collaboration technology feature to interoperate with other instances of standards-compatible collaboration technology; and
(II) follows all guidance and requirements from the identified standards that is applicable to the primary collaboration technology feature; and
(ii) the collaboration technology enables the Chief Information Officer to disable the
ability of users to use modes of the collaboration technology that are not compatible with the identified standards; and
(B) interoperability test results described in paragraph (1)(B) that demonstrate interoperability with the identified standards for each primary collaboration technology feature the collaboration technology offers.
(3) Publication of standards-compatible collaboration technology vendors.--Upon a review of the materials submitted under paragraph (2), the Chief Information Officer shall publish on the website of the Department a list of each collaboration technology that the Chief Information Officer has determined to be a standards-compatible collaboration technology.
(4) Rule of construction.--Nothing in this subsection shall be construed to require a collaboration technology vendor to directly test the interoperability of a primary collaboration technology feature with the product of another collaboration technology vendor.
(e) Cybersecurity Reviews of Collaboration Technology Products.--
(1) In general.--Not later than four years after the date on which the Chief Information Officer identifies the identified standards, the Chief Information Officer shall conduct security reviews of collaboration technology products used within the Department, to identify any cybersecurity vulnerability or threat relating to those collaboration technology products.
(2) Selection and prioritization.--With respect to collaboration technology products selected for security reviews under paragraph (1), the Chief Information Officer shall determine the number of products, the specific products, and the prioritization of products for security review, considering factors including--
(A) the total number of users across the Department using a collaboration technology product; and
(B) an estimation of the likelihood of a collaboration technology product being targeted for hacking.
(3) Report.--Not later than 30 days after the date on which the Chief Information Officer conducts security reviews under paragraph (1), the Chief Information Officer shall submit to the congressional defense committees a report on the results of the security reviews.
(f) Updates to Identified Standards.--
(1) Solicitation of feedback.--The Chief Information Officer shall regularly solicit feedback from within the Department to identify areas of improvement of the identified standards, desired collaboration technology features, and barriers to the adoption of standards-compatible collaboration technology.
(2) Updates authorized.--The Chief Information Officer may update the identified standards based on feedback received under paragraph (1), evolutions in collaboration technology feature offerings, cybersecurity best practices, or any other factor the Chief Information Officer determines.
(g) Rule of Construction.--Nothing in this section shall be construed--
(1) to limit the ability of the Department to communicate with other entities using standards-compatible collaboration technology;
(2) to limit the ability of other entities to use the identified standards or standards-compatible collaboration technology;
(3) to limit the ability of the Department to apply, implement, and enforce other information management policies, regulations, and requirements with respect to standards-compatible collaboration technology;
(4) to affect any of the authorities of the Director of National Intelligence or the Office of the Director of National Intelligence; or
(5) to affect information technology-related procurement for the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
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SA 6338. Mr. WYDEN (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:
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At the appropriate place in title XVI, insert the following:
SEC. ___. PROHIBITIONS ON CONTRACTORS OF THE DEPARTMENT OF
DEFENSE COLLECTING OR SELLING LOCATION DATA OF
INDIVIDUALS AT IDENTIFIED UNITED STATES
GOVERNMENT RELATED LOCATIONS.
(a) Prohibitions.--
(1) In general.--A contractor or subcontractor of the Department of Defense, as a condition on contracting or subcontracting with the Department of Defense, may not, while the contractor or subcontractor is engaged on a contract or subcontract for the Department of Defense--
(A) collect, retain, or knowingly or recklessly facilitate the collection or retention of location data from phones, wearable fitness trackers, and other cellular-enabled or cellular-connected devices located in any covered area, regardless of whether service for such device is provided under contract with the Department of Defense, except as necessary for the provision of the service as specifically contracted; or
(B) sell, monetize, or knowingly or recklessly facilitate the sale of, location data described in subparagraph (A) to any individual or entity that is not an officer or element of the Federal Government.
(2) Continuing obligations after contract performance engagement.--After engagement on a contract or subcontract described in paragraph (1), the requirements of such paragraph shall continue to apply to any location data described in paragraph (1)(A) that the contractor or subcontractor collected or retained while engaged on such contract or subcontract for the Department of Defense.
(3) Subcontracts.--
(A) In general.--Each contractor of the Department of Defense shall be responsible for ensuring that subcontractors to its contract are in compliance with the requirements of this subsection.
(B) Required clauses.--The Secretary of Defense may require that the terms of a subcontract of a contract of the Department of Defense explicitly require that the subcontractor complies with the provisions of this subsection.
(b) Covered Areas.--For purposes of subsection (a), a covered area is any geofenced area included in the Government-Related Location Data List in section 202.1401 of title 28, Code of Federal Regulations, or successor regulations.
(c) Certification.--The Secretary of Defense shall require each contractor of the Department of Defense to, not less than 60 days after the date of the enactment of this Act and not less frequently than once each year thereafter, submit to the Secretary of Defense a certification as to whether the contractor and the subcontractors of the contractor, if any, were in compliance with subsection (a) during the previous 12 months (or previous 60 days, for the first certification), including compliance with any continued duties under subsection (a)(1)(B) to which that contractor is subject under other contracts.
(d) Treatment of Certifications.--The veracity of a certification under subsection (c) shall be treated as "material" for purposes of section 3729 of title 31, United States Code.
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SA 6339. Mr. WYDEN (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:
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At the appropriate place, insert the following:
SEC. ____. SUBPOENA ABUSE PREVENTION ACT.
(a) Short Title.--This section may be cited as the "Subpoena Abuse Prevention Act".
(b) Reforming Subpoenas.--
(1) Consistent protections for phone and app-based call and texting records.--Section 2703(c)(2) of title 18, United States Code, is amended--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively.
(2) Prohibiting the use of subpoenas for bulk collection of certain subscriber information.--Section 2703(c)(2) of title 18, United States Code, as amended by paragraph (1), is further amended in the matter following subparagraph (E), as so redesignated, by inserting ", provided that for any administrative, grand jury, or trial subpoena, the governmental entity identifies the subscriber or customer by name, address, temporarily assigned network address, or account identifier (such as a username)" before the period at the end.
(3) Prohibiting the use of subpoenas with a purpose to investigate constitutionally protected activities.--Section 2703(c) of title 18, United States Code, is further amended by adding at the end the following:
"(4) Protections for constitutionally protected activities.--
"(A) In general.--A governmental entity may not use a subpoena to require the disclosures described in paragraph (2) if a purpose of the subpoena is to--
"(i) investigate, monitor, or otherwise acquire information about activities, or any person's engagement in activities, that are exercises of free speech, press, religion, assembly, or petition, or are otherwise protected by the Constitution of the United States; or
"(ii) retaliate against any person for their engagement in activities that are exercises of free speech, press, religion, assembly, or petition, or are otherwise protected by the Constitution of the United States.
"(B) Required certification.--
"(i) In general.--A governmental entity using a subpoena to require the disclosures described in paragraph (2) from a service provider shall provide a certification under penalty of perjury attesting that the subpoena is being made for a legitimate and lawful purpose, and not with a purpose described in subparagraph (A)--
"(I) to the service provider; and
"(II) when applying for a preclusion of notice order under section 2705(b), to the court in such application.
"(ii) Absence of certification.--A subpoena to require the disclosures described in paragraph (2) from a service provider shall not be valid, and a preclusion of notice order under section 2705(b) for such subpoena shall not issue, unless the subpoena includes the certification described in clause (i).".
(4) Required disclosures.--Section 2703(c) of title 18, United States Code, is further amended by adding at the end the following:
"(5) Required disclosures to service provider.--
"(A) In general.--Except as provided in subparagraph (B)--
"(i) the service provider--
"(I) may notify a customer or subscriber of the receipt of the subpoena; and
"(II) may consult with an attorney in order to obtain legal advice or assistance regarding the subpoena; and
"(ii) the government entity shall inform the service provider that it--
"(I) is not being directed to not notify any other person of the existence of the subpoena;
"(II) may notify the customer or subscriber of the receipt of the subpoena; and
"(III) may consult with an attorney in order to obtain legal advice or assistance regarding the subpoena.
"(B) Exception for nondisclosure orders.--If a governmental entity described in subparagraph (A) obtains a preclusion of notice order under section 2705(b)--
"(i) such order may limit the right of the service provider described in subparagraph (A)(i)(I); and
"(ii) the governmental entity shall modify the required disclosures described in subclauses (I) and (II) of subparagraph (A)(ii) to be consistent with the terms of the order.".
(5) Public reporting of use of administrative subpoenas.--Section 2703(c) of title 18, United States Code, is further amended by adding at the end the following:
"(6) Reporting of federal use of administrative subpoenas.--Each Federal governmental entity that uses an administrative subpoena to require the disclosure of information under this subsection shall annually publicly publish a report containing, for the 1-year period preceding the date of the report--
"(A) the number of administrative subpoenas issued by the governmental entity, disaggregated by the statutory authority under which the administrative subpoenas were issued; and
"(B) the number of accounts for which the governmental entity received information through an administrative subpoena, disaggregated by the statutory authority under which the administrative subpoenas were issued.".
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SA 6340. Mr. SCHUMER 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. DESIGNATION OF THE CHANCERY OF THE UNITED STATES
IN PRISTINA, KOSOVO, AS THE "ELIOT L. ENGEL
BUILDING".
(a) Designation.--The building of the Chancery of the United States located at Arberia, Nr.25 Rr. 4 KORRIKU in Pristina, Kosovo, shall be designated as the "Eliot L. Engel Building".
(b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection (a) shall be deemed to be a reference to the "Eliot L. Engel Building".
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SA 6341. Mr. SCHUMER 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:
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At the appropriate place in title I, insert the following:
SEC. __. LIMITATION ON AVAILABILITY OF FUNDS FOR THE
RETIREMENT OR DECOMMISSIONING OF CERTAIN
TACTICAL AND NAVAL RADAR SYSTEMS.
(a) Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of Defense or the military departments may be obligated or expended to retire, decommission, divest, or otherwise remove from active operational service any of the radar systems specified in subsection (b).
(b) Radar Systems Specified.--The radar systems specified in this subsection are the following:
(1) The AN/SPN-43 shipboard air traffic control and air marshaling radar system.
(2) The AN/SPY-1 phased-array radar system (Aegis Combat System).
(3) The AN/TPQ-36 and AN/TPQ-37 Firefinder counter-battery radar systems.
(4) Airborne Station Keeping Equipment (SKE) radar systems, including the AN/APN-243.
(c) Exception for Beyond-repair Systems.--The limitation in subsection (a) shall not apply to individual units of the radar systems specified in subsection (b) that the Secretary of the military department concerned determines have been damaged or degraded beyond economical repair.
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SA 6342. Mr. SCHUMER (for himself and Mrs. Gillibrand) 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:
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At the end of subtitle D of title X, add the following:
SEC. 1037. LIMITATION ON USE OF FUNDS TO LIMIT COLLECTIVE
BARGAINING.
None of the funds authorized to be appropriated by this Act for the Department of Defense for fiscal year 2027 may be used to implement Executive Order 14251, issued on March 27, 2025, relating to Exclusions from Federal labor management relations programs, or any following policy or guidance.
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SA 6343. Mr. SCHUMER (for himself and 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, 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:
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At the end of subtitle B of title VIII, add the following:
SEC. 823. 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;
(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.
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SA 6344. Mr. SCHUMER (for himself and Mr. Rounds) 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:
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At the appropriate place, insert the following:
DIVISION _--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE
SEC. __01. SHORT TITLE.
This division may be cited as the "Unidentified Anomalous Phenomena Disclosure Act of 2026" or the "UAP Disclosure Act of 2026".
SEC. __02. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) Findings and Declarations.--Congress finds and declares the following:
(1) All Federal Government records related to unidentified anomalous phenomena should be preserved and centralized for historical and Federal Government purposes.
(2) All Federal Government records concerning unidentified anomalous phenomena should carry a presumption of immediate disclosure and all records should be eventually disclosed to enable the public to become fully informed about the history of the Federal Government's knowledge and involvement surrounding unidentified anomalous phenomena.
(3) Legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records.
(4) Legislation is necessary because credible evidence and testimony indicates that Federal Government unidentified anomalous phenomena records exist that have not been declassified or subject to mandatory declassification review as set forth in Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information) due in part to exemptions under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as well as an over-broad interpretation of "transclassified foreign nuclear information", which is also exempt from mandatory declassification, thereby preventing public disclosure under existing provisions of law.
(5) Legislation is necessary because section 552 of title 5, United States Code (commonly referred to as the "Freedom of Information Act"), as implemented by the Executive branch of the Federal Government, has proven inadequate in achieving the timely public disclosure of Government unidentified anomalous phenomena records that are subject to mandatory declassification review.
(6) Legislation is necessary to restore proper oversight over unidentified anomalous phenomena records by elected officials in both the executive and legislative branches of the Federal Government that has otherwise been lacking as of the enactment of this Act.
(7) Legislation is necessary to afford complete and timely access to all knowledge gained by the Federal Government concerning unidentified anomalous phenomena in furtherance of comprehensive open scientific and technological research and development essential to avoiding or mitigating potential technological surprise in furtherance of urgent national security concerns and the public interest.
(b) Purposes.--The purposes of this division are--
(1) to provide for the creation of the unidentified anomalous phenomena Records Collection at the National Archives and Records Administration; and
(2) to require the expeditious public transmission to the Archivist and public disclosure of such records.
SEC. __03. DEFINITIONS.
In this division:
(1) Archivist.--The term "Archivist" means the Archivist of the United States.
(2) Close observer.--The term "close observer" means anyone who has come into close proximity to unidentified anomalous phenomena or non-human intelligence.
(3) Collection.--The term "Collection" means the Unidentified Anomalous Phenomena Records Collection established under section __04.
(4) Controlled disclosure campaign plan.--The term "Controlled Disclosure Campaign Plan" means the Controlled Disclosure Campaign Plan required by section __09(c)(3).
(5) Controlling authority.--The term "controlling authority" means any Federal, State, or local government department, office, agency, committee, commission, commercial company, academic institution, or private sector entity in physical possession of technologies of unknown origin or biological evidence of non-human intelligence.
(6) Director.--The term "Director" means the Director of the Office of Government Ethics.
(7) Executive agency.--The term "Executive agency" means an Executive agency, as defined in subsection 552(f) of title 5, United States Code.
(8) Government office.--The term "Government office" means any department, office, agency, committee, or commission of the Federal Government and any independent office or agency without exception that has possession or control, including via contract or other agreement, of unidentified anomalous phenomena records.
(9) Identification aid.--The term "identification aid" means the written description prepared for each record, as required in section __04.
(10) Leadership of congress.--The term "leadership of Congress" means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(11) Legacy program.--The term "legacy program" means all Federal, State, and local government, commercial industry, academic, and private sector endeavors to collect, exploit, or reverse engineer technologies of unknown origin or examine biological evidence of living or deceased non-human intelligence that pre-dates the date of the enactment of this Act.
(12) National archives.--The term "National Archives" means the National Archives and Records Administration and all components thereof, including presidential archival depositories established under section 2112 of title 44, United States Code.
(13) Non-human intelligence.--The term "non-human intelligence" means any sentient intelligent non-human lifeform regardless of nature or ultimate origin that may be presumed responsible for unidentified anomalous phenomena or of which the Federal Government has become aware.
(14) Originating body.--The term "originating body" means the Executive agency, Federal Government commission, committee of Congress, or other Governmental entity that created a record or particular information within a record.
(15) Prosaic attribution.--The term "prosaic attribution" means having a human (either foreign or domestic) origin and operating according to current, proven, and generally understood scientific and engineering principles and established laws-of-nature and not attributable to non-human intelligence.
(16) Public interest.--The term "public interest" means the compelling interest in the prompt public disclosure of unidentified anomalous phenomena records for historical and Governmental purposes and for the purpose of fully informing the people of the United States about the history of the Federal Government's knowledge and involvement surrounding unidentified anomalous phenomena.
(17) Record.--The term "record" includes a book, paper, report, memorandum, directive, email, text, or other form of communication, or map, photograph, sound or video recording, machine-readable material, computerized, digitized, or electronic information, including intelligence, surveillance, reconnaissance, and target acquisition sensor data, regardless of the medium on which it is stored, or other documentary material, regardless of its physical form or characteristics.
(18) Review board.--The term "Review Board" means the Unidentified Anomalous Phenomena Records Review Board established by section __07.
(19) Technologies of unknown origin.--The term "technologies of unknown origin" means any materials or meta-materials, ejecta, crash debris, mechanisms, machinery, equipment, assemblies or sub-assemblies, engineering models or processes, damaged or intact aerospace vehicles, and damaged or intact ocean-surface and undersea craft associated with unidentified anomalous phenomena or incorporating science and technology that lacks prosaic attribution or known means of human manufacture.
(20) Temporarily non-attributed objects.--
(A) In general.--The term "temporarily non-attributed objects" means the class of objects that temporarily resist prosaic attribution by the initial observer as a result of environmental or system limitations associated with the observation process that nevertheless ultimately have an accepted human origin or known physical cause. Although some unidentified anomalous phenomena may at first be interpreted as temporarily non-attributed objects, they are not temporarily non-attributed objects, and the two categories are mutually exclusive.
(B) Inclusion.--The term "temporarily non-attributed objects" includes--
(i) natural celestial, meteorological, and undersea weather phenomena;
(ii) mundane human-made airborne objects, clutter, and marine debris;
(iii) Federal, State, and local government, commercial industry, academic, and private sector aerospace platforms;
(iv) Federal, State, and local government, commercial industry, academic, and private sector ocean-surface and undersea vehicles; and
(v) known foreign systems.
(21) Third agency.--The term "third agency" means a Government agency that originated a unidentified anomalous phenomena record that is in the possession of another Government agency.
(22) Unidentified anomalous phenomena.--
(A) In general.--The term "unidentified anomalous phenomena" means any object operating or judged capable of operating in outer-space, the atmosphere, ocean surfaces, or undersea lacking prosaic attribution due to performance characteristics and properties not previously known to be achievable based upon commonly accepted physical principles.
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Unidentified anomalous phenomena are differentiated from both attributed and temporarily non-attributed objects by one or more of the following observables:
(i) Instantaneous acceleration absent apparent inertia.
(ii) Hypersonic velocity absent a thermal signature and sonic shockwave.
(iii) Transmedium (such as space-to-ground and air-to-undersea) travel.
(iv) Positive lift contrary to known aerodynamic principles.
(v) Multispectral signature control.
(vi) Physical or invasive biological effects to close observers and the environment.
(B) Inclusions.--The term "unidentified anomalous phenomena" includes what were previously described as--
(i) flying discs;
(ii) flying saucers;
(iii) unidentified aerial phenomena;
(iv) unidentified flying objects (UFOs); and
(v) unidentified submerged objects (USOs).
(23) Unidentified anomalous phenomena record.--The term "unidentified anomalous phenomena record" means a record that is related to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence (and all equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects) that was created or made available for use by, obtained by, or otherwise came into the possession of--
(A) the Executive Office of the President;
(B) the Department of Defense and its progenitors, the Department of War and the Department of the Navy;
(C) the Department of the Army;
(D) the Department of the Navy;
(E) the Department of the Air Force, specifically the Air Force Office of Special Investigations;
(F) the Department of Energy and its progenitors, the Manhattan Project, the Atomic Energy Commission, and the Energy Research and Development Administration;
(G) the Office of the Director of National Intelligence;
(H) the Central Intelligence Agency and its progenitor, the Office of Strategic Services;
(I) the National Reconnaissance Office;
(J) the Defense Intelligence Agency;
(K) the National Security Agency;
(L) the National Geospatial-Intelligence Agency;
(M) the National Aeronautics and Space Administration:
(N) the Federal Bureau of Investigation;
(O) the Federal Aviation Administration;
(P) the National Oceanic and Atmospheric Administration;
(Q) the Library of Congress;
(R) the National Archives and Records Administration;
(S) any Presidential library;
(T) any Executive agency;
(U) any independent office or agency;
(V) any other department, office, agency, committee, or commission of the Federal Government;
(W) any State or local government department, office, agency, committee, or commission that provided support or assistance or performed work, in connection with a Federal inquiry into unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; and
(X) any private sector person or entity formerly or currently under contract or some other agreement with the Federal Government.
SEC. __04. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS
COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION.
(a) Establishment.--
(1) In general.--(A) Not later than 60 days after the date of the enactment of this Act, the Archivist shall commence establishment of a collection of records in the National Archives to be known as the "Unidentified Anomalous Phenomena Records Collection".
(B) In carrying out subparagraph (A), the Archivist shall ensure the physical integrity and original provenance (or if indeterminate, the earliest historical owner) of all records in the Collection.
(C) The Collection shall consist of record copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence (or equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects), which shall be transmitted to the National Archives in accordance with section 2107 of title 44, United States Code.
(D) The Archivist shall prepare and publish a subject guidebook and index to the Collection.
(2) Contents.--The Collection shall include the following:
(A) All unidentified anomalous phenomena records, regardless of age or date of creation--
(i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of the enactment of this Act;
(ii) that are required to be transmitted to the National Archives; and
(iii) that the disclosure of which is postponed under this Act.
(B) A central directory comprised of identification aids created for each record transmitted to the Archivist under section __05.
(C) All Review Board records as required by this Act.
(b) Disclosure of Records.--All unidentified anomalous phenomena records transmitted to the National Archives for disclosure to the public shall--
(1) be included in the Collection; and
(2) be available to the public--
(A) for inspection and copying at the National Archives within 30 days after their transmission to the National Archives; and
(B) digitally via the National Archives online database within a reasonable amount of time not to exceed 180 days thereafter.
(c) Fees for Copying.--
(1) In general.--The Archivist shall--
(A) charge fees for copying unidentified anomalous phenomena records; and
(B) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code.
(2) Amount of fees.--The amount of a fee charged by the Archivist pursuant to paragraph (1)(A) for the copying of an unidentified anomalous phenomena record shall be such amount as the Archivist determines appropriate to cover the costs incurred by the National Archives in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the National Archives in making and providing such copy.
(d) Additional Requirements.--
(1) Use of funds.--The Collection shall be preserved, protected, archived, digitized, and made available to the public at the National Archives and via the official National Archives online database using appropriations authorized, specified, and restricted for use under the terms of this Act.
(2) Security of records.--The National Security Program Office at the National Archives, in consultation with the National Archives Information Security Oversight Office, shall establish a program to ensure the security of the postponed unidentified anomalous phenomena records in the protected, and yet-to-be disclosed or classified portion of the Collection.
(e) Oversight.--
(1) Senate.--The Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the Collection.
(2) House of representatives.--The Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the Collection.
SEC. __05.
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REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY
GOVERNMENT OFFICES.
(a) Identification, Organization, and Preparation for Transmission.--
(1) In general.--As soon as practicable after the date of the enactment of this Act, each head of a Government office shall--
(A) identify and organize records in the possession of the Government office or under the control of the Government office relating to unidentified anomalous phenomena; and
(B) prepare such records for transmission to the Archivist for inclusion in the Collection.
(2) Prohibitions.--(A) No unidentified anomalous phenomena record shall be destroyed, altered, or mutilated in any way.
(B) No unidentified anomalous phenomena record made available or disclosed to the public prior to the date of the enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified.
(C) No unidentified anomalous phenomena record created by a person or entity outside the Federal Government (excluding names or identities consistent with the requirements of section __06) shall be withheld, redacted, postponed for public disclosure, or reclassified.
(b) Custody of Unidentified Anomalous Phenomena Records Pending Review.--During the review by the heads of Government offices under subsection (c) and pending review activity by the Review Board, each head of a Government office shall retain custody of the unidentified anomalous phenomena records of the office for purposes of preservation, security, and efficiency, unless--
(1) the Review Board requires the physical transfer of the records for purposes of conducting an independent and impartial review;
(2) transfer is necessary for an administrative hearing or other Review Board function; or
(3) it is a third agency record described in subsection (c)(2)(C).
(c) Review by Heads of Government Offices.--
(1) In general.--Not later than 300 days after the date of the enactment of this Act, each head of a Government office shall review, identify, and organize each unidentified anomalous phenomena record in the custody or possession of the office for--
(A) disclosure to the public;
(B) review by the Review Board; and
(C) transmission to the Archivist.
(2) Requirements.--In carrying out paragraph (1), the head of a Government office shall--
(A) determine which of the records of the office are unidentified anomalous phenomena records;
(B) determine which of the unidentified anomalous phenomena records of the office have been officially disclosed or made publicly available in a complete and unredacted form;
(C)(i) determine which of the unidentified anomalous phenomena records of the office, or particular information contained in such a record, was created by a third agency or by another Government office; and
(ii) transmit to a third agency or other Government office those records, or particular information contained in those records, or complete and accurate copies thereof;
(D)(i) determine whether the unidentified anomalous phenomena records of the office or particular information in unidentified anomalous phenomena records of the office are covered by the standards for postponement of public disclosure under this division; and
(ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section __06;
(E) organize and make available to the Review Board all unidentified anomalous phenomena records identified under subparagraph (D) the public disclosure of, which in-whole or in-part, may be postponed under this division;
(F) organize and make available to the Review Board any record concerning which the office has any uncertainty as to whether the record is an unidentified anomalous phenomena record governed by this division;
(G) give precedence of work to--
(i) the identification, review, and transmission of unidentified anomalous phenomena records not already publicly available or disclosed as of the date of the enactment of this Act;
(ii) the identification, review, and transmission of all records that most unambiguously and definitively pertain to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence;
(iii) the identification, review, and transmission of unidentified anomalous phenomena records that on the date of the enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; and
(iv) the identification, review, and transmission of unidentified anomalous phenomena records with earliest provenance when not inconsistent with clauses (i) through (iii) and otherwise feasible; and
(H) make available to the Review Board any additional information and records that the Review Board has reason to believe the Review Board requires for conducting a review under this division.
(3) Priority of expedited review for directors of certain archival depositories.--The Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of unidentified anomalous phenomena records in the possession and custody of the depository, and shall make such records available to the Review Board as required by this division.
(d) Identification Aids.--
(1) In general.--(A) Not later than 45 days after the date of the enactment of this Act, the Archivist, in consultation with the heads of such Government offices as the Archivist considers appropriate, shall prepare and make available to all Government offices a standard form of identification, or finding aid, for use with each unidentified anomalous phenomena record subject to review under this division whether in hardcopy (physical), softcopy (electronic), or digitized data format as may be appropriate.
(B) The Archivist shall ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system for cataloging and finding every unidentified anomalous phenomena record subject to review under this division where ever and how ever stored in hardcopy (physical), softcopy (electronic), or digitized data format.
(2) Requirements for government offices.--Upon completion of an identification aid using the standard form of identification prepared and made available under subparagraph (A) of paragraph (1) for the program established pursuant to subparagraph (B) of such paragraph, the head of a Government office shall--
(A) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record, the identification aid describes;
(B) transmit to the Review Board a printed copy for each physical unidentified anomalous phenomena record and an electronic copy for each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes; and
(C) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes, when transmitted to the Archivist.
(3) Records of the national archives that are publicly available.--Unidentified anomalous phenomena records which are in the possession of the National Archives on the date of the enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Review Board or another authorized office under this division, and shall not be required to have such an identification aid unless required by the Archivist.
(e) Transmission to the National Archives.--Each head of a Government office shall--
(1) transmit to the Archivist, and make immediately available to the public, all unidentified anomalous phenomena records of the Government office that can be publicly disclosed, including those that are publicly available on the date of the enactment of this Act, without any redaction, adjustment, or withholding under the standards of this division; and
(2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this division, all unidentified anomalous phenomena records of the Government office the public disclosure of which has been postponed, in whole or in part, under the standards of this division, to become part of the protected, yet-to-be disclosed, or classified portion of the Collection.
(f) Custody of Postponed Unidentified Anomalous Phenomena Records.--An unidentified anomalous phenomena record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established at the National Archives as required in section __04(d)(2).
(g) Periodic Review of Postponed Unidentified Anomalous Phenomena Records.--
(1) In general.--All postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board in the Controlled Disclosure Campaign Plan under section __09(c)(3)(B).
(2) Requirements.--(A) A periodic review under paragraph (1) shall address the public disclosure of additional unidentified anomalous phenomena records in the Collection under the standards of this division.
(B) All postponed unidentified anomalous phenomena records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement relevant to these specific records. Such description shall be provided to the Archivist and published in the Federal Register upon determination.
(C) The time and release requirements specified in the Controlled Disclosure Campaign Plan shall be revised or amended only if the Review Board is still in session and concurs with the rationale for postponement, subject to the limitations in section __09(d)(1).
(D) The periodic review of postponed unidentified anomalous phenomena records shall serve to downgrade and declassify security classified information.
(E) Each unidentified anomalous phenomena record shall be publicly disclosed in full, and available in the Collection, not later than the date that is 25 years after the date of the first creation of the record by the originating body, unless the President certifies, as required by this division, that--
(i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and
(ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.
(h) Requirements for Executive Agencies.--
(1) In general.--Executive agencies shall--
(A) transmit digital records electronically in accordance with section 2107 of title 44, United States Code;
(B) charge fees for copying unidentified anomalous phenomena records; and
(C) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code.
(2) Amount of fees.--The amount of a fee charged by the head of an Executive agency pursuant to paragraph (1)(B) for the copying of an unidentified anomalous phenomena record shall be such amount as the head determines appropriate to cover the costs incurred by the Executive agency in making and providing such copy, except that in no
case may the amount of the fee charged exceed the actual expenses incurred by the Executive agency in making and providing such copy.
SEC. __06.
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GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
Disclosure of unidentified anomalous phenomena records or particular information in unidentified anomalous phenomena records to the public may be postponed subject to the limitations of this division if there is clear and convincing evidence that--
(1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the unidentified anomalous phenomena record is of such gravity that it outweighs the public interest in disclosure, and such public disclosure would reveal--
(A) an intelligence agent whose identity currently requires protection;
(B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the Federal Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or
(C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably and substantially impair the national security of the United States;
(2) the public disclosure of the unidentified anomalous phenomena record would reveal the name or identity of a living person who provided confidential information to the Federal Government and would pose a substantial risk of harm to that person;
(3) the public disclosure of the unidentified anomalous phenomena record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or
(4) the public disclosure of the unidentified anomalous phenomena record would compromise the existence of an understanding of confidentiality currently requiring protection between a Federal Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest.
SEC. __07. ESTABLISHMENT AND POWERS OF THE UNIDENTIFIED
ANOMALOUS PHENOMENA RECORDS REVIEW BOARD.
(a) Establishment.--There is established as an independent agency a board to be known as the "Unidentified Anomalous Phenomena Records Review Board".
(b) Appointment.--
(1) In general.--The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 citizens of the United States to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of government records relating to unidentified anomalous phenomena.
(2) Period for nominations.--(A) The President shall make nominations to the Review Board not later than 90 calendar days after the date of the enactment of this Act.
(B) If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter.
(3) Consideration of recommendations.--(A) The President shall make nominations to the Review Board after considering persons recommended by the following:
(i) The majority leader of the Senate.
(ii) The minority leader of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The minority leader of the House of Representatives.
(v) The Secretary of Defense.
(vi) The National Academy of Sciences.
(vii) Established nonprofit research organizations relating to unidentified anomalous phenomena.
(viii) The American Historical Association.
(ix) Such other persons and organizations as the President considers appropriate.
(B) If an individual or organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of the enactment of this Act, the President shall consider for nomination the persons recommended by the other individuals and organizations described in such subparagraph.
(C) The President may request an individual or organization described in subparagraph (A) to submit additional nominations.
(4) Qualifications.--Persons nominated to the Review Board--
(A) shall be impartial citizens, none of whom shall have had any previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence;
(B) shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the government's understanding of, and activities associated with unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence and who possess an appreciation of the value of such material to the public, scholars, and government; and
(C) shall include at least--
(i) 1 current or former national security official;
(ii) 1 current or former foreign service official;
(iii) 1 scientist or engineer;
(iv) 1 economist;
(v) 1 professional historian; and
(vi) 1 sociologist.
(5) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a review of each individual nominated and appointed to the position of member of the Review Board to ensure the member does not have any conflict of interest during the term of the service of the member.
(B) Reports.--During the course of the review under subparagraph (A), if the Director becomes aware that the member being reviewed possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest.
(c) Security Clearances.--
(1) In general.--All Review Board nominees shall be granted the necessary security clearances and accesses, including any and all relevant Presidential, departmental, and agency special access programs, in an accelerated manner subject to the standard procedures for granting such clearances.
(2) Qualification for nominees.--All nominees for appointment to the Review Board under subsection (b) shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate.
(d) Consideration by the Senate.--Nominations for appointment under subsection (b) shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration.
(e) Vacancy.--A vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy.
(f) Removal of Review Board Member.--
(1) In general.--No member of the Review Board shall be removed from office, other than--
(A) by impeachment and conviction; or
(B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member's duties.
(2) Notice of removal.--(A) If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report specifying the facts found and the grounds for the removal.
(B) The President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law.
(3) Judicial review.--(A) A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia.
(B) The member may be reinstated or granted other appropriate relief by order of the court.
(g) Compensation of Members.--
(1) In general.--A member of the Review Board, other than the Executive Director under section __08(c)(1), shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board.
(2) Travel expenses.--A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member's home or regular place of business in the performance of services for the Review Board.
(h) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of unidentified anomalous phenomena records.
(2) Considerations and rendering of decisions.--In carrying out paragraph (1), the Review Board shall consider and render decisions--
(A) whether a record constitutes a unidentified anomalous phenomena record; and
(B) whether a unidentified anomalous phenomena record or particular information in a record qualifies for postponement of disclosure under this division.
(i) Powers.--
(1) In general.--The Review Board shall have the authority to act in a manner prescribed under this division, including authority--
(A) to direct Government offices to complete identification aids and organize unidentified anomalous phenomena records;
(B) to direct Government offices to transmit to the Archivist unidentified anomalous phenomena records as required under this division, including segregable portions of unidentified anomalous phenomena records and substitutes and summaries of unidentified anomalous phenomena records that can be publicly disclosed to the fullest extent;
(C)(i) to obtain access to unidentified anomalous phenomena records that have been identified and organized by a Government office;
(ii) to direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals which the Review Board has reason to believe are required to fulfill its functions and responsibilities under this division; and
(iii) request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this division;
(D) require any Government office to account in writing for the destruction of any records relating to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence;
(E) receive information from the public regarding the identification and public disclosure of unidentified anomalous phenomena records;
(F) hold hearings, administer oaths, and subpoena witnesses and documents;
(G) use the Federal Acquisition Service in the same manner and under the same conditions as other Executive agencies; and
(H) use the United
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States mails in the same manner and under the same conditions as other Executive agencies.
(2) Enforcement of subpoena.--A subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board.
(j) Witness Immunity.--The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. Witnesses, close observers, and whistleblowers providing information directly to the Review Board shall also be afforded the protections provided to such persons specified under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)).
(k) Oversight.--
(1) Senate.--The Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board.
(2) House of representatives.--Unless otherwise determined appropriate by the House of Representatives, the Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board.
(3) Duty to cooperate.--The Review Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection.
(4) Security clearances.--The Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and staff of such committees designated by such Chairmen and Ranking Members, shall be granted all security clearances and accesses held by the Review Board, including to relevant Presidential and department or agency special access and compartmented access programs.
(l) Support Services.--The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis.
(m) Interpretive Regulations.--The Review Board may issue interpretive regulations.
(n) Termination and Winding Down.--
(1) In general.--The Review Board and the terms of its members shall terminate not later than September 30, 2030, unless extended by Congress.
(2) Reports.--Upon its termination, the Review Board shall submit to the President and Congress reports, including a complete and accurate accounting of expenditures during its existence and shall complete all other reporting requirements under this division.
(3) Transfer of records.--Upon termination and winding down, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.
SEC. __08. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS REVIEW
BOARD PERSONNEL.
(a) Executive Director.--
(1) Appointment.--Not later than 45 days after the date of the enactment of this Act, the President shall appoint 1 citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Review Board. This position counts as 1 of the 9 Review Board members under section __07(b)(1).
(2) Qualifications.--The person appointed as Executive Director shall be a private citizen of integrity and impartiality who--
(A) is a distinguished professional; and
(B) is not a present employee of the Federal Government; and
(C) has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence.
(3) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a review of each individual appointed to the position of Executive Director to ensure the Executive Director does not have any conflict of interest during the term of the service of the Executive Director.
(B) Reports.--During the course of the review under subparagraph (A), if the Director becomes aware that the Executive Director possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest.
(4) Security clearances.--(A) A candidate for Executive Director shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner subject to the standard procedures for granting such clearances.
(B) A candidate shall qualify for the necessary security clearances and accesses prior to being appointed by the President.
(5) Functions.--The Executive Director shall--
(A) serve as principal liaison to the Executive Office of the President and Congress;
(B) serve as Chairperson of the Review Board;
(C) be responsible for the administration and coordination of the Review Board's review of records;
(D) be responsible for the administration of all official activities conducted by the Review Board;
(E) exercise tie-breaking Review Board authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure; and
(F) retain right-of-appeal directly to the President for decisions pertaining to executive branch unidentified anomalous phenomena records for which the Executive Director and Review Board members may disagree.
(6) Removal.--The Executive Director shall not be removed for reasons other for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board.
(b) Staff.--
(1) In general.--The Review Board, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform the duties of the Review Board.
(2) Qualifications.--
(A) In general.--Except as provided in subparagraph (B), a person appointed to the staff of the Review Board shall be a citizen of integrity and impartiality who has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence.
(B) Consultation with director of the office of government ethics.--In their consideration of persons to be appointed as staff of the Review Board under paragraph (1), the Review Board shall consult with the Director--
(i) to determine criteria for possible conflicts of interest of staff of the Review Board, consistent with ethics laws, statutes, and regulations for employees of the executive branch of the Federal Government; and
(ii) ensure that no person selected for such position of staff of the Review Board possesses a conflict of interests in accordance with the criteria determined pursuant to clause (i).
(3) Security clearances.--(A) A candidate for staff shall be granted the necessary security clearances (including all necessary special access program clearances) in an accelerated manner subject to the standard procedures for granting such clearances.
(B)(i) The Review Board may offer conditional employment to a candidate for a staff
position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted unidentified anomalous phenomena record materials.
(ii) If a person hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person's employment.
(4) Support from national declassification center.--The Archivist shall assign one representative in full-time equivalent status from the National Declassification Center to advise and support the Review Board disclosure postponement review process in a non-voting staff capacity.
(c) Compensation.--Subject to such rules as may be adopted by the Review Board, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates--
(1) the Executive Director shall be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule and shall serve the entire tenure as one full-time equivalent; and
(2) the Executive Director shall appoint and fix compensation of such other personnel as may be necessary to carry out this division.
(d) Advisory Committees.--
(1) Authority.--The Review Board may create advisory committees to assist in fulfilling the responsibilities of the Review Board under this division.
(2) FACA.--Any advisory committee created by the Review Board shall be subject to chapter 10 of title 5, United States Code.
(e) Security Clearance Required.--An individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.
SEC. __09.
Text printed in the Record (11,404 characters)
REVIEW OF RECORDS BY THE UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS REVIEW BOARD.
(a) Custody of Records Reviewed by Review Board.--Pending the outcome of a review of activity by the Review Board, a Government office shall retain custody of its unidentified anomalous phenomena records for purposes of preservation, security, and efficiency, unless--
(1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or
(2) such transfer is necessary for an administrative hearing or other official Review Board function.
(b) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date of its appointment, publish a schedule in the Federal Register for review of all unidentified anomalous phenomena records;
(2) not later than 180 days after the date of the enactment of this Act, begin its review of unidentified anomalous phenomena records under this division; and
(3) periodically thereafter as warranted, but not less frequently than semiannually, publish a revised schedule in the Federal Register addressing the review and inclusion of any unidentified anomalous phenomena records subsequently discovered.
(c) Determinations of the Review Board.--
(1) In general.--The Review Board shall direct that all unidentified anomalous phenomena records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that--
(A) a Government record is not an unidentified anomalous phenomena record; or
(B) a Government record, or particular information within an unidentified anomalous phenomena record, qualifies for postponement of public disclosure under this division.
(2) Requirements.--In approving postponement of public disclosure of a unidentified anomalous phenomena record, the Review Board shall seek to--
(A) provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and
(B) determine, in consultation with the originating body and consistent with the standards for postponement under this division, which of the following alternative forms of disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in a unidentified anomalous phenomena record.
(ii) A substitute record for that information which is postponed.
(iii) A summary of a unidentified anomalous phenomena record.
(3) Controlled disclosure campaign plan.--With respect to unidentified anomalous phenomena records, particular information in unidentified anomalous phenomena records, recovered technologies of unknown origin, and biological evidence for non-human intelligence the public disclosure of which is postponed pursuant to section __06, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the President, the Archivist, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives a Controlled Disclosure Campaign Plan, with classified appendix, containing--
(A) a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific unidentified anomalous phenomena records; and
(B) a benchmark-driven plan, based upon a review of the proceedings and in conformity with the decisions reflected therein, recommending precise requirements for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which each postponed item may be appropriately disclosed to the public under this division.
(4) Notice following review and determination.--(A) Following its review and a determination that a unidentified anomalous phenomena record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of the determination of the Review Board and publish a copy of the determination in the Federal Register within 14 days after the determination is made.
(B) Contemporaneous notice shall be made to the President for Review Board determinations regarding unidentified anomalous phenomena records of the executive branch of the Federal Government, and to the oversight committees designated in this division in the case of records of the legislative branch of the Federal Government. Such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section __06.
(d) Presidential Authority Over Review Board Determination.--
(1) Public disclosure or postponement of disclosure.--After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an unidentified anomalous phenomena record of the executive branch of the Federal Government or information within such a record, or of any information contained in a unidentified anomalous phenomena record, obtained or developed solely within the executive branch of the Federal Government, the President shall--
(A) have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section __06; and
(B) provide the Review Board with both an unclassified and classified written certification specifying the President's decision within 30 days after the Review Board's determination and notice to the executive branch agency as required under this division, stating the justification for the President's decision, including the applicable grounds for postponement under section __06, accompanied by a copy of the identification aid required under section __04.
(2) Periodic review.--(A) Any unidentified anomalous phenomena record postponed by the President shall henceforth be subject to the requirements of periodic review, downgrading, declassification, and public disclosure in accordance with the recommended timeline and associated requirements specified in the Controlled Disclosure Campaign Plan unless these conflict with the standards set forth in section __06.
(B) This paragraph supersedes all prior declassification review standards that may previously have been deemed applicable to unidentified anomalous phenomena records.
(3) Record of presidential postponement.--The Review Board shall, upon its receipt--
(A) publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of unidentified anomalous phenomena records; and
(B) revise or amend recommendations in the Controlled Disclosure Campaign Plan accordingly.
(e) Notice to Public.--Every 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review Board first approves the postponement of disclosure of a unidentified anomalous phenomena record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the Senate, or the House of Representatives, including a description of the subject, originating agency, length or other physical description, and each ground for postponement that is relied upon to the maximum extent classification restrictions permitting.
(f) Reports by the Review Board.--
(1) In general.--The Review Board shall report its activities to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity.
(2) First report.--The first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports every 1 year thereafter until termination of the Review Board.
(3) Contents.--A report under paragraph (1) shall include the following information:
(A) A financial report of the expenses for all official activities and requirements of the Review Board and its personnel.
(B) The progress made on review, transmission to the Archivist, and public disclosure of unidentified anomalous phenomena records.
(C) The estimated time and volume of unidentified anomalous phenomena records involved in the completion of the Review Board's performance under this division.
(D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this division.
(E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized by this division, and a record of the volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional legislative authority needs.
(4) Copies and briefs.--Coincident with the reporting requirements in paragraph (2), or more frequently as warranted by new information, the Review Board shall provide copies to, and fully brief, at a minimum the President, the Archivist, leadership of Congress, the Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and the Chairs and Chairmen, as the case may be, and Ranking Members and Vice Chairmen, as the case may be, of such other committees as leadership of Congress determines appropriate on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures, specifically addressing--
(A) recommendations for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which specific unidentified anomalous phenomena records and material may be appropriately disclosed;
(B) the rationale behind each postponement determination and the recommended means to achieve disclosure of each postponed item;
(C) any other findings that the Review Board chooses to offer; and
(D) an addendum containing copies of reports of postponed records to the Archivist required under subsection (c)(3) made since the date of the preceding report under this subsection.
(5) Notice.--At least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date.
(6) Briefing the all-domain anomaly resolution office.--Coincident with the provision in paragraph (5), if not accomplished earlier under paragraph (4), the Review Board shall brief the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or its successor, as subsequently designated by Act of Congress, on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures.
SEC. __10.
Text printed in the Record (8,513 characters)
DISCLOSURE OF RECOVERED TECHNOLOGIES OF UNKNOWN
ORIGIN AND BIOLOGICAL EVIDENCE OF NON-HUMAN
INTELLIGENCE.
(a) Exercise of Eminent Domain.--The Federal Government shall exercise eminent domain over any and all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities in the interests of the public good.
(b) Availability to Review Board.--Any and all such material, should it exist, shall be made available to the Review Board for personal examination and subsequent disclosure determination at a location suitable to the controlling authority of said material and in a timely manner conducive to the objectives of the Review Board in accordance with the requirements of this division.
(c) Actions of Review Board.--In carrying out subsection (b), the Review Board shall consider and render decisions--
(1) whether the material examined constitutes technologies of unknown origin or biological evidence of non-human intelligence beyond a reasonable doubt;
(2) whether recovered technologies of unknown origin, biological evidence of non-human intelligence, or a particular subset of material qualifies for postponement of disclosure under this division; and
(3) what changes, if any, to the current disposition of said material should the Federal Government make to facilitate full disclosure.
(d) Review Board Access to Testimony and Witnesses.--The Review Board shall have access to all testimony from unidentified anomalous phenomena witnesses, close observers and legacy program personnel and whistleblowers within the Federal Government's possession as of and after the date of the enactment of this Act in furtherance of Review Board disclosure determination responsibilities in section __07(h) and subsection (c) of this section.
(e) Solicitation of Additional Witnesses.--The Review Board shall solicit additional unidentified anomalous phenomena witness and whistleblower testimony and afford protections under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)) if deemed beneficial in fulfilling Review Board responsibilities under this division.
SEC. __11. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
(a) Materials Under Seal of Court.--
(1) Information held under seal of a court.--The Review Board may request the Attorney General to petition any court in the United States or abroad to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under seal of the court.
(2) Information held under injunction of secretary of grand jury.--(A) The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under the injunction of secrecy of a grand jury.
(B) A request for disclosure of unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence materials under this division shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury;
(2) the Secretary of State should contact any foreign government that may hold material relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence and seek disclosure of such material; and
(3) all heads of Executive agencies should cooperate in full with the Review Board to seek the disclosure of all material relevant to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence consistent with the public interest.
SEC. __12. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this division requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other provision of law (except section 6103 of the Internal Revenue Code of 1986 specifying confidentiality and disclosure of tax returns and tax return information), judicial decision construing such provision of law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and donations of records to the United States Government.
(b) Freedom of Information Act.--Nothing in this division shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of title 5, United States Code.
(c) Judicial Review.--Nothing in this division shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this division.
(d) Existing Authority.--Nothing in this division revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Federal Government to publicly disclose records in its possession.
(e) Rules of the Senate and House of Representatives.--To the extent that any provision of this division establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted--
(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
(f) SAP and CAP Access.--Nothing in this division shall be construed to create any new access to a special access program or a controlled access program.
SEC. __13. TERMINATION OF EFFECT OF DIVISION.
(a) Provisions Pertaining to the Review Board.--The provisions of this division that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section __07(n).
(b) Other Provisions.--(1) The remaining provisions of this division shall continue in effect until such time as the Archivist certifies to the President and Congress that all unidentified anomalous phenomena records have been made available to the public in accordance with this division.
(2) In facilitation of the provision in paragraph (1), the All-domain Anomaly Resolution Office established pursuant to section
1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or its successor as subsequently designated by Act of Congress, shall develop standardized unidentified anomalous phenomena declassification guidance applicable to any and all unidentified anomalous phenomena records generated by originating bodies subsequent to termination of the Review Board consistent with the requirements and intent of the Controlled Disclosure Campaign Plan with respect to unidentified anomalous phenomena records originated prior to Review Board termination.
SEC. __14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the provisions of this division $20,000,000 for fiscal year 2025.
SEC. __15. CONFORMING REPEAL.
(a) Repeal.--Subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) is hereby repealed.
(b) Clerical Amendment.--The table of contents in section 2 of such Act is amended by striking the items relating to subtitle C of title XVIII.
SEC. __16. SEVERABILITY.
If any provision of this division or the application thereof to any person or circumstance is held invalid, the remainder of this division and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.
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SA 6345. Mr. SCHUMER (for himself and 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, 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:
Text printed in the Record (2,634 characters)
At the end of subtitle E of title VIII, add the following:
SEC. 885. PROHIBITION ON ACQUISITION OF CERTAIN SILICON
CARBIDE-BASED SEMICONDUCTORS MANUFACTURED IN
CHINA.
(a) Restrictions on Silicon Carbide Wafer Sourcing.--The Secretary of Defense shall revise section 252.225 of the Department of Defense Supplement to the Federal Acquisition Regulation to prohibit the procurement of semiconductors, other than commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code), that are manufactured on silicon carbide wafers that are manufactured in the Peoples Republic of China. Such revision may provide the authority for the Secretary to issue a waiver on a case-by-case basis.
(b) Briefing on Financial Instruments.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Deputy Secretary of Defense shall conduct a review, and provide to the congressional defense committees a briefing on the results of such a review, of domestic manufacturers of silicon carbide wafers that are critical to the Department of Defense and that are facing challenges due to Chinese exports of such wafers.
(c) Briefing on Establishment of Common Foundries.--Not later than 180 days after the date of the enactment of this section, the Secretary of Defense provide to the congressional defense committees a briefing that evaluates the merits of encouraging major prime contractors in the defense industrial base to consolidate silicon carbide semiconductor design and fabrication operations in common commercial foundries to encourage economies of scale and quality improvements.
(d) Consultation With the Chips Program Office.--The Secretary shall provide information to the Secretary of Commerce and other appropriate Federal agency heads on the use of Research and Development amounts to develop silicon carbide-related manufacturing technology for manufacturing high-purity single crystal silicon carbide boules, ingots, and wafers at 300mm scale for purposes of--
(1) developing next-generation high-voltage technology; and
(2) advancing state-of-the-art packaging power modules.
(e) Policy on Interagency Deliberations.--Not later than 90 days after the date of the enactment of this section, the Secretary of Defense shall issue a policy for recommendations for interagency consideration in deliberations on encouraging allied and partner countries to ensure the silicon carbide substrate supply chains of such countries for national security systems and critical infrastructure do not include Chinese-manufactured silicon carbide wafers.
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SA 6346. Ms. ROSEN (for herself, Mr. Sullivan, and Mr. Van Hollen) 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:
Text printed in the Record (383 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. MODIFICATION OF MANDATORY RETIREMENT AGE.
Section 812(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4052(a)(1)) is amended by striking "age 65" and inserting "age 67 or the applicable retirement age (as defined in section 216(l) of the Social Security Act (42 U.S.C. 416(l))), whichever is greater,".
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SA 6347. Mr. VAN HOLLEN 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:
Text printed in the Record (11,693 characters)
At the appropriate place in title X, insert the following:
SEC. 10____. NATIONAL FAB LAB NETWORK.
(a) Findings.--Congress finds the following:
(1) Scientific discoveries and technical innovations are critical to the economic and national security of the United States.
(2) Maintaining the leadership of the United States in science, technology, engineering, and mathematics will require a diverse population with the skills, interest, and access to tools required to advance these fields.
(3) Just as earlier digital revolutions in communications and computation provided individuals with the internet and personal computers, a digital revolution in fabrication will allow anyone to make almost anything, anywhere.
(4) These creations include elements of a typical household basket of goods (furnishings, apparel, food production equipment, shelter, transportation, education and communication, recreation, and other goods and services), personal technology, means for personal expression, the production of digital fabrication machinery, community design, and manufacturing capability.
(5) The Center for Bits and Atoms of the Massachusetts Institute of Technology has contributed significantly to the advancement of these goals through its work in creating and advancing digital fabrication facilities, or "fab labs" in the United States and abroad.
(6) Such digital fabrication facilities may include MakerSpaces, Hackerspaces, and other creative spaces that use digital fabrication as a platform for education, innovation, entrepreneurship, personal expression, public access, and social impact.
(7) Such digital fabrication facilities provide a model for a new kind of national laboratory that operates as a network, linking local facilities for advanced manufacturing, providing universal access, cultivating new literacies, and empowering communities.
(8) The nonprofit Fab Foundation was established to support the growth of the international network of digital fabrication facilities, to amplify the educational, entrepreneurial, and social impacts of digital fabrication facilities, and to support the development of regional capacity building organizations to broaden impact as well as address local, regional, and global challenges through the use of digital fabrication technologies.
(9) A coordinated array of national public-private partnerships will be the most effective way to accelerate the provision of universal access to this infrastructure for workforce development, science, technology, engineering, and mathematics education, developing inventions, creating businesses, producing personalized products, and mitigating risks.
(b) Establishment.--There is hereby established a nonprofit corporation to be known as the "National Fab Lab Network" (in this section referred to as the "corporation"), which shall not be an agency or establishment of the United States Government. The corporation shall be subject to the provisions of this section, and, to the extent consistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29-501 et seq.).
(c) Goals and Activities.--
(1) Goals.--The goals of the corporation are as follows:
(A) To provide universal access to digital fabrication.
(B) To foster current and future fab labs.
(C) To create a national network of connected local fab labs to empower individuals and communities in the United States.
(D) To foster the use of distributed digital fabrication tools--
(i) to promote science, technology, engineering and math skills;
(ii) to increase invention and innovation;
(iii) to create businesses and jobs;
(iv) to fulfill personal, professional, and community needs;
(v) to create value and mitigate harm;
(vi) to increase self-sufficiency for individuals, households, and communities; and
(vii) to align workforce development with new and emerging jobs.
(E) To provide a platform for education and research, to catalyze new methods in
science, technology, engineering, and mathematics education, and to introduce digital fabrication as an essential new literacy.
(F) To create new ways of educating the workforce that will enable workers to compete in a 21st century global marketplace.
(2) Activities.--To attain the goals described in paragraph (1), the corporation shall carry out activities, including the following:
(A) Seek to establish a minimum of one fab lab in each congressional district, prioritizing underserved communities.
(B) Seek to establish additional fab labs within the network created under paragraph (1)(C), in response to local demand, and provide guidelines for their sustainable operation.
(C) Link fab labs into a national network and promote further expansion of fab labs across the United States.
(D) Serve as a resource to assist diverse public and private stakeholders with the effective operation of fab labs and the training of fab lab leaders and mentors.
(E) Maintain a national registry of fab labs.
(F) Provide standards and protocols for connecting fab labs regionally, nationally, and globally.
(G) Assist existing fab labs in producing additional fab labs.
(d) Membership and Organization.--Except as provided in this section, eligibility for membership in the corporation and the rights and privileges of members shall be in accordance with the laws governing tax exempt organizations in the District of Columbia.
(e) Governing Body.--
(1) In general.--Except as provided in paragraph (2), directors, officers, and other staff of the corporation, and their powers and duties, shall be in accordance with the laws governing tax exempt organizations in the District of Columbia.
(2) Board membership.--
(A) Composition.--The board of the corporation shall be composed of not fewer than 7 members and not more than 15 members.
(B) Representation.--
(i) In general.--The membership of the board of the corporation shall collectively represent the diversity of fab labs.
(ii) Requirement.--At a minimum, the board of the corporation shall be composed of members from geographic regions across the United States, Tribal communities, educational and research institutions, libraries, nonprofit and commercial organizations, diverse demographic groups, and the Fab Foundation.
(iii) Individual representation.--An individual member of the board of the corporation may represent more than one board role and additional roles may be added to reflect the diversity of the fab lab ecosystem.
(C) Selection.--The initial board of the corporation shall be chosen, in consultation with representatives from the Fab Foundation and in accordance with subparagraph (B)(i), as follows:
(i) Two shall be appointed by the majority leader of the Senate.
(ii) Two shall be appointed by the minority leader of the Senate.
(iii) Two shall be appointed by the Speaker of the House of Representatives.
(iv) Two shall be appointed by the minority leader of the House of Representatives.
(f) Powers.--The corporation may--
(1) coordinate the creation of a national network of local fab labs in the United States;
(2) issue guidelines for the sustainable operation of fab labs;
(3) issue standards and guidelines for fab labs;
(4) serve as a resource for organizations and communities seeking to create fab labs by providing information, assessing suitability, advising on the lab lifecycle, and maintaining descriptions of prospective and operating sites;
(5) accept funds from private individuals, organizations, government agencies, or other organizations;
(6) distribute funds to other organizations to establish and operate fab labs as members of the corporation;
(7) facilitate communication between other organizations seeking to join the corporation with operational entities that can source and install fab labs, provide training, assist with operations, account for spending, and assess impact;
(8) communicate the benefits available through membership in the corporation to communities and the public;
(9) facilitate and participate in synergistic programs, including workforce training, job creation, researching the enabling technology and broader impacts of such programs, and the production of civic infrastructure;
(10) develop processes and methods to mitigate risks associated with digital fabrication;
(11) develop and amend a constitution and bylaws for the management of its property and the regulation of its affairs;
(12) choose directors, officers, trustees, managers, employees, and agents as the activities of the corporation require;
(13) make contracts;
(14) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;
(15) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;
(16) charge and collect membership dues and subscription fees; and
(17) sue and be sued.
(g) Exclusive Right to Name, Term, Seals, Emblems, and Badges.--The corporation and its participating digital fabrication labs have the exclusive right to use--
(1) the name "National Fab Lab Network"; and
(2) any seals, emblems, and badges the corporation adopts.
(h) Restrictions.--
(1) Stock and dividends.--The corporation may not issue securities of any kind or declare or pay a dividend.
(2) Distribution of income or assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the corporation under this section. This paragraph does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of the corporation.
(3) Loans.--The corporation may not make a loan to a director, officer, or employee.
(4) Claim of governmental approval or authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities, but may recognize establishment of the corporation pursuant to subsection (b) of this section.
(i) Records and Inspection.--
(1) Records.--The corporation shall keep--
(A) correct and complete records of account;
(B) minutes of the proceedings of its members, the board of the corporation, and committees having any of the authority of the board; and
(C) at its principal office, a record of the names and addresses of its members entitled to vote.
(2) Inspections.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.
(j) Annual Report.--Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the corporation 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 the activities of the corporation during the prior fiscal year.
(k) Definition.--In this section, the term "fab lab" means a facility that--
(1) contains the range of capabilities required to create form and function from digital designs, including--
(A) computer-controlled machines for additive and subtractive fabrication processes;
(B) tools and components for manufacturing and programming electronic circuits;
(C) materials and methods for short-run production; and
(D) workflows for three-dimensional design and digitization; and
(2) is committed to supporting education, innovation, entrepreneurship, personal expression, self-sufficiency, and social impact for its community through digital fabrication.
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SA 6348. Ms. ROSEN 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER
RESEARCH.
Section 414(h) of title 39, United States Code, is amended by striking "2027" and inserting "2037".
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SA 6349. Mr. SANDERS 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:
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At the end of subtitle E of title V, add the following:
SEC. 549F. BEYOND THE YELLOW RIBBON PROGRAM.
Section 582(k)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101) is amended by striking "For fiscal year 2026, $20,000,000" and inserting "For fiscal year 2027, $25,000,000".
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SA 6350. Mr. SANDERS 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:
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At the end of subtitle E of title V, add the following:
SEC. 549F. BEYOND THE YELLOW RIBBON PROGRAM.
Section 582(k)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101) is amended by striking "For fiscal year 2026, $20,000,000 are authorized to be appropriated" and inserting "For fiscal year 2027, $25,000,000 are authorized to be appropriated, and are appropriated,".
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SA 6351. Mr. FETTERMAN 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:
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At the end of subtitle B of title III, add the following:
SEC. 320C. PILOT PROGRAM TO PROVIDE INTEGRATED CONNECTIVITY
SERVICE.
(a) Establishment.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Energy, Installations, and Environment, shall establish and carry out a pilot program (in this section referred to as the "pilot program") to provide integrated connectivity service to a covered population--
(1) stationed at five covered military installations, as determined by the Secretary; and
(2) at no cost to such covered population.
(b) Program Requirements.--
(1) Service provisioning and ensuring.--To carry out the pilot program, the Assistant Secretary shall enter into a contract with an American contracted entity to act as telecommunications operator for the covered military installation--
(A) to provide the integrated connectivity service with a private network management system or a hybrid-capable network management system;
(B) to ensure the integrated connectivity service can support multiple tenant commands, or activity present on such covered military installations with individualized commitments, such as separate network slices and security policies that can be tailored to the tenant command requirements; and
(C) to provide and ensure operation of the integrated connectivity service.
(2) Integrated connectivity service requirement.--The integrated connectivity service provided under the pilot program shall--
(A) provide broadband internet access service as the baseline service and meet or exceed any speed benchmarks established by the Chairman of the Federal Communications Commission for broadband internet access services, including--
(i) a minimum download speed of 100-Mbps; and
(ii) a minimum upload speed of 20-Mbps; and
(B) support the integration of P5G data services with broadband internet access service over a common integrated connectivity service, where such mobile services are identified as required by the tenant command of the covered military installation.
(3) Goods procured under contract.--Any goods procured under the contract described under paragraph (1) shall be the property of the Department of Defense.
(4) Standard.--Infrastructure setup and operation of the integrated connectivity service shall--
(A) be based on National Institute of Standards and Technology standards specified in Special Publication 800-171 Revision 3, or successor standards, including any future revisions, updates, or successor publications to ensure the availability and security of such integrated connectivity service; and
(B) exclude hybrid-capable network management systems with availability and security risks, such as pure public cloud only network management systems.
(5) Cost.--In carrying out the pilot program, the Assistant Secretary shall account for the full lifecycle costs of such pilot program, including--
(A) the initial build and setup;
(B) a refresh, every five years during the period the authority to carry out the pilot program is effective, of the integrated connectivity service, including a refresh of the underlying infrastructure of the entire integrated connectivity service, to ensure long-term--
(i) availability;
(ii) security; and
(iii) usability; and
(C) monthly recurring costs, including services provided by--
(i) the host nation carrier for bandwidth; and
(ii) the telecommunications operator.
(6) Methodology.--When carrying out the pilot program, the Assistant Secretary shall use industry standard lifecycle methodologies and broadly adopted practices, including the National Institute of Standards and Technology Cybersecurity Framework, Special Publication 800-53, Information Technology infrastructure library and the Plan, Prepare, Design, Implement, Operate, Optimize methodology to deliver a cost-effective, secure, sustainable, right-sized network infrastructure.
(7) Equipment procurement.--Notwithstanding section 8302(a)(2)(A) of title 41, United States Code, for the purpose of providing integrated connectivity service, as described under paragraph (1), the American contracted entity shall procure any necessary articles, materials, or supplies in the United States pursuant to section 8302 of title 41, United States Code.
(c) Report.--Not later than five years after the date of the enactment of this section, and annually thereafter, the Assistant Secretary shall submit to Congress a report on the pilot program, including--
(1) an analysis of the cost; and
(2) a determination of which additional military installations located outside the contiguous United States should be provided with integrated connectivity service.
(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2027 through 2032.
(e) Definitions.--In this section:
(1) The term "5G" means fifth generation mobile network technology, including higher-speed and lower latency device connectivity over mobile radio networks.
(2) The term "Assistant Secretary" means the Assistant Secretary of Defense for Energy, Installations, and Environment.
(3) The term "American contracted entity" means an entity--
(A) organized in the United States and with its principal place of business located within the United States;
(B) majority-owned and controlled by a United States citizen, a lawful permanent resident, or publicly traded on a United States stock exchange and subject to United States laws and jurisdiction;
(C) that employs primarily personnel based in the United States to perform management, engineering, operations, and customer support functions, including staffing key operational and decision-making roles within the United States;
(D) that procures equipment and technology through a supply chain compliant with sections 889 and 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), including the avoidance of prohibited or restricted telecommunications and video surveillance equipment and services; and
(E) that complies with section 8302 of title 41, United States Code, whenever practicable, prioritizing United States manufactured products, United States sourced components, and United States based subcontractors and suppliers wherever and whenever possible, consistent with project requirements, availability, and cost reasonableness.
(4) The term "broadband internet access service" has the meaning given such term in section 8.1(b), title 47, Code of Federal Regulations, or any successor regulation.
(5) The term "cloud only deployment model" means a deployment model in which the network management system is delivered solely as a vendor-managed software-as-a-service offering, with no option for self-hosted, on-premises, or private cloud deployment.
(6) The term "covered military installation" means a military installation as defined in section 2801 of title 10, United States Code, under the jurisdiction of the Secretary of the Army, the Secretary of the Air Force, or the Secretary of the Navy and located in the Middle East.
(7) The term "covered population" means active duty members of the Armed Forces, as defined in section 101(d)(1) of title 10, United States Code, but may be expanded to include employees of a Defense Agency as defined in section 101(a)(11) of title 10, United States Code, by the tenant command of a covered military installation through the telecommunications officer of the covered military installation.
(8) The term "host nation carrier" means a telecommunications provider that is--
(A) licensed or authorized to operate in the foreign nation in which the covered military installation is located; and
(B) provides broadband internet access, data, or mobile communication services within the foreign nation.
(9) The term "hybrid-capable network management system" means a common architectural framework that supports both broadband internet access service and private or hybrid public and P5G mobile connectivity services, as required and is not limited to a public only deployment model or a cloud only deployment model.
(10) The term "integrated connectivity service" means a fixed, high-speed broadband internet access service, and may include private or hybrid mobile connectivity, including P5G, as required by the Secretary of Defense to meet operational requirements.
(11) The term "Mbps" means one million bits per second.
(12) The term "P5G" means a private mobile network service using 5G mobile network technology and available only to members of the Armed Forces stationed on covered military installations participating in the pilot program.
(13) The term "private network management system" means a network management system that is--
(A) compliant with the requirements for a cyber security maturity model certification; and
(B) not cloud-based.
(14) The term "public only deployment model" means a deployment model in which the network management system is hosted exclusively in a third-party public cloud environment, including AWS, Azure, and Google Cloud, and cannot be deployed or operated on customer-owned or on-premises infrastructure.
(15) The term "pure public cloud only network management system" means a network management platform hosted and operated exclusively within a third-party public cloud environment and delivered solely as a cloud-based service, with no capability for deployment, operation, or control within on-premises or private cloud infrastructure.
(16) The term "telecommunications operator" means an American contracted entity responsible for the design, installation, and ongoing operations and maintenance of the broadband internet access service and P5G mobile network access to be provided on a covered military installation.
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SA 6352. Mr. HEINRICH 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:
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At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON TRANSFER OF PLUTONIUM TO PRIVATE
ENTITIES FOR COMMERCIAL USE.
Section 57 of the Atomic Energy Act of 1954 (42 U.S.C. 2077) is amended by adding at the end the following:
"f. Prohibition on Transfer of Plutonium to Private Entities for Commercial Use.--
"(1) Definitions.--In this subsection:
"(A) Commercial activity.--The term `commercial activity' means an activity carried out for profit, including the generation of electricity for sale.
"(B) Nuclear explosive device.--The term `nuclear explosive device' means any device that uses source material or special nuclear material that is designed to or capable of producing a nuclear explosion, including a nuclear weapon, weapon prototype, or a weapon test device, regardless of whether the device is intended for use as a weapon.
"(C) Private entity.--The term `private entity' means a person other than a department, agency, or instrumentality of the United States.
"(D) Separated plutonium.--The term `separated plutonium' means plutonium with respect to which separation of plutonium has occurred.
"(E) Separation of plutonium.--The term `separation of plutonium' means any chemical, physical, or other process applied to spent nuclear fuel or other material containing plutonium that produces a product in which plutonium--
"(i) is isolated from other transuranic elements, including neptunium, americium, and curium, to a degree such that the product could be used in the manufacture of a nuclear explosive device without further separation of the plutonium from those other transuranic elements; or
"(ii) is otherwise rendered usable, or usable with minimal further processing, in the manufacture of a nuclear explosive device.
"(2) Prohibition on transfer and possession of plutonium.--Notwithstanding subsection (a) or section 53, the United States, including the Department of Energy and the Nuclear Regulatory Commission, may not transfer title to, or possession of, any plutonium to a private entity for use by that private entity in commercial activity unless an exception described in paragraph (6) applies.
"(3) Retrieval of previously transferred plutonium.--
"(A) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary of Energy shall retrieve any plutonium that, as of that date of enactment, is in the possession of a private entity as a result of a transfer of the plutonium for use in a commercial activity, unless an exception described in paragraph (6) applies.
"(B) Effect of failure to retrieve.--Any plutonium that the Secretary of Energy is required to retrieve under subparagraph (A) that remains in the possession of a private entity at the end of the 90-day period described in that subparagraph shall be considered to be a possession in violation of paragraph (2).
"(4) Prohibition on importation of separated plutonium by private entities.--Notwithstanding subsection (a) or any license issued under that subsection, no private entity may import into the United States any separated plutonium for use in a commercial activity, unless an exception described in paragraph (6) applies.
"(5) Prohibition on commercial separation of plutonium.--No person operating, pursuant to a license issued under section 103 or 104, a facility that reprocesses spent nuclear fuel or other source material or special nuclear material may use, in that operation, any process that results in the separation of plutonium.
"(6) Exceptions described.--An exception referred to in this subsection is--
"(A) the possession or transfer of plutonium composed of 80 percent or more by weight of the isotope plutonium-238;
"(B) the possession of plutonium by or transfer of plutonium to a contractor or subcontractor operating a facility for the account of the Department of Energy, where title to the plutonium remains with the United States; or
"(C) the possession or transfer of plutonium for purposes of the disposal, disposition, downblending, or vitrification of plutonium under a program of the Department of Energy relating to nuclear proliferation or radioactive waste management, subject to the condition that any plutonium derived from a possession or transfer under this subparagraph shall not be used in a commercial activity.".
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SA 6353. Mr. HEINRICH (for himself, Mr. Schumer, Mrs. Gillibrand, and Mr. Hickenlooper) 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:
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At the appropriate place, insert the following:
SEC. ___. DEFENSE NUCLEAR WASTE REAUTHORIZATIONS.
(a) Economic Assistance and Miscellaneous Payments for the Waste Isolation Pilot Plant.--Section 15(a) of the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579; 106 Stat. 4791; 110 Stat. 2854) is amended--
(1) in the subsection heading, by striking "14-year Authorization" and inserting "In General"; and
(2) in the first sentence--
(A) by striking "each of the 14 fiscal years beginning with"; and
(B) by inserting "and each fiscal year thereafter through the fiscal year during which transuranic waste shipments to or from WIPP have been terminated" before the period at the end.
(b) Extension of Authorization of Cheney Disposal Cell.--Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7922(a)(1)(B)) is amended by striking ", or September 30, 2031, whichever comes first".
(c) West Valley Demonstration Project.--Section 3(a) of the West Valley Demonstration Project Act (Public Law 96-368; 42 U.S.C. 2021a note) is amended by striking "$75,000,000 for each of fiscal years 2020 through 2026" and inserting "$150,000,000 for each of fiscal years 2027 through 2037".
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SA 6354. Ms. HIRONO 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:
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At the end of subtitle D of title V, add the following:
SEC. 539F. PROTECTED SPEECH; PROHIBITION OF RETALIATORY OR
ADVERSE ACTIONS AGAINST RETIRED MEMBERS OF THE
ARMED FORCES.
(a) Prohibition.--
(1) In general.--The Secretary of Defense and the Secretaries of any military department may not take any adverse personnel action against a retired member of the Armed Forces based in whole or in part on the member's speech on matters of public concern or political activity.
(2) Exception.--The prohibition under paragraph (1) shall not apply to a member who is wearing a military uniform.
(b) Adverse Personnel Action.--For purposes of this section, the term "adverse personnel action" includes--
(1) issuance of a letter of censure, reprimand, or admonishment;
(2) initiation or conduct of an officer grade determination;
(3) reduction in retired grade or retired pay; and
(4) any other administrative action intended to penalize or diminish the retired status, grade, or benefits of the retired member.
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SA 6355. 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. EXEMPTION OF DACA RECIPIENTS FROM CIVIL
IMMIGRATION ENFORCEMENT.
Notwithstanding any other provision of law, civil immigration enforcement actions, including arrest, detention, placement in removal proceedings, and issuance of an order of removal from the United States may not be carried out against--
(1) any person who is a recipient of Deferred Action for Childhood Arrivals pursuant to subpart C of part 236 of title 8, Code of Federal Regulations, unless the Department of Homeland Security has made a final determination that such person no longer meets the requirements of such program; or
(2) any applicant seeking to renew a grant of Deferred Action for Childhood Arrivals pursuant to subpart C of part 236 of title 8, Code of Federal Regulations, who appears prima facie eligible for such renewal until a final decision has been made on the renewal application pursuant to such subpart.
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SA 6356. Mr. WHITEHOUSE 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:
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At the end of title XII, add the following:
Subtitle F--REPO for Ukrainians Implementation Act of 2026
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "REPO for Ukrainians Implementation Act of 2026" or the "REPO Implementation Act of 2026".
SEC. 1282. RECOGNITION OF PORTO DECLARATION OF ORGANIZATION
FOR SECURITY AND CO-OPERATION IN EUROPE.
Section 101(a) of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (division F of Public Law 118-50; 22 U.S.C. 9521 note) is amended by adding at the end the following:
"(10) Every member of the European Union, including Belgium, and all but one member of the G7, are also participating states of the Organization for Security and Cooperation in Europe.
"(11) On July 3, 2025, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe adopted unanimously in plenary session the Porto Declaration, which `[c]alls on OSCE participating States to unlock the full value of an estimated U.S. $300 billion in Russian sovereign assets frozen across the region by repurposing the underlying principal, in sizeable increments and on a regular and timely schedule, for Ukraine until the Russian Federation ends its aggression and agrees to compensate Ukraine for damages directly resulting from the war'.".
SEC. 1283. TRANSFER OF ASSETS TO UKRAINE SUPPORT FUND.
Section 104(b)(2) of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (division F of Public Law 118-50; 22 U.S.C. 9521 note) is amended--
(1) in the heading, by striking "Vesting" and inserting "Status of assets";
(2) by striking "For funds confiscated" and inserting the following:
"(A) Vesting of confiscated funds.--For funds confiscated"; and
(3) by adding at the end the following:
"(B) Transfer of funds not confiscated.--For the purpose of placing Russian aggressor state sovereign assets into an interest-bearing account, the President may transfer such funds into the Ukraine Support Fund without confiscating such funds.".
SEC. 1284. INVESTMENT OF AMOUNTS IN UKRAINE SUPPORT FUND.
(a) In General.--Section 104(d) of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (division F of Public Law 118-50; 22 U.S.C. 9521 note) is amended--
(1) in paragraph (1)--
(A) by striking "of any funds" and inserting the following: "of--
"(A) any funds";
(B) by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(B) any amounts that may be credited to the account under paragraph (3)."; and
(2) by adding at the end the following:
"(3) Investment of amounts.--
"(A) Investment of amounts.--The Secretary of the Treasury shall invest such portion of the account established under paragraph (1) as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
"(B) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the account established under paragraph (1) shall be credited to and form a part of the account.".
(b) Implementation.--The President shall ensure that funds in the Ukraine Support Fund established under section 104(d) of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act are invested as required by paragraph (3) of that section, as added by subsection (a), by not later than the date that is 45 days after the date of the enactment of this Act.
SEC. 1285. QUARTERLY OBLIGATION OF FUNDS IN UKRAINE SUPPORT
FUND TO BENEFIT UKRAINE.
(a) In General.--Section 104(f) of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (division F of Public Law 118-50; 22 U.S.C. 9521 note) is amended by adding at the end the following:
"(4) Quarterly obligations.--
"(A) In general.--Not less frequently than every 90 days while funds remain in the Ukraine Support Fund, the Secretary of State may obligate and expend, from the Fund, an amount that is not less than $250,000,000 (except as provided by subparagraph (B)) for the purpose of providing assistance to Ukraine under this subsection.
"(B) Final amounts in fund.--When less than $250,000,000 remains in the Fund, the Secretary of State may obligate and expend the remaining amount for the purpose of providing assistance to Ukraine under this subsection.".
(b) Implementation.--It is the sense of Congress that the President should ensure that the first obligation of amounts pursuant to paragraph (4) of section 104(f) of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act, as added by subsection (a), occurs not later than the date that is 60 days after the date on which Russian sovereign assets are deposited in the Ukraine Support Fund.
SEC. 1286. ENGAGEMENT WITH CERTAIN FOREIGN COUNTRIES.
(a) In General.--Title II of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (division F of Public Law 118-50; 22 U.S.C. 9521 note) is amended by adding at the end the following:
"SEC. 109. ENGAGEMENT WITH FOREIGN COUNTRIES.
"(a) Reports Required.--
"(1) Covered country report.--Not later than 90 days after the date of the enactment of the REPO for Ukrainians Implementation Act of 2026, the President shall submit to the appropriate congressional committees a report specifying--
"(A) the covered countries in which Russian sovereign assets are located;
"(B) the amount of such assets in each such country; and
"(C) a description of such assets, including--
"(i) whether or not such assets are frozen, blocked, or immobilized; and
"(ii) whether or not such assets are accruing interest.
"(2) Report on non-covered countries.--Not later than 270 days after the date of the enactment of the REPO for Ukrainians Implementation Act of 2026, the President shall submit to the appropriate congressional committees a report specifying--
"(A) the foreign countries that are not covered countries in which Russian sovereign assets are located;
"(B) the amount of such assets in each such country; and
"(C) a description of such assets, including--
"(i) whether or not such assets are frozen, blocked, or immobilized; and
"(ii) whether or not such assets are accruing interest.
"(3) Form.--The reports required by paragraphs (1) and (2) shall be submitted in unclassified form but may include a classified annex.
"(b) Sense of Congress on Engagement.--Not later than 30 days after the date of the enactment of the REPO for Ukrainians Implementation Act of 2026, the Secretary of State, in coordination with the Secretary of the Treasury, should commence a robust, sustained, diplomatic effort to persuade the government of each covered country to begin repurposing, on a quarterly basis, an amount that is not less than 5 percent of the Russian sovereign assets located in that country for the benefit of Ukraine.
"(c) Covered Country Defined.--In this section, the term `covered country' means Australia and any country that is a member of the G7 or the European Union, other than the United States.".
(b) Clerical Amendment.--The table of contents in section 1 of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (division F of Public Law 118-50; 22 U.S.C. 9521 note) is amended by inserting after the item relating to section 108 the following:
"Sec. 109. Engagement with foreign countries.".
SEC. 1287. MODIFICATION OF JUDICIAL REVIEW PROVISION.
Section 104(k) of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (division F of Public Law 118-50; 22 U.S.C. 9521 note) is amended by striking "this section" each place it appears and inserting "this division".
SEC. 1288. TECHNICAL CORRECTIONS.
The Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (division F of Public Law 118-50; 22 U.S.C. 9521 note) is amended--
(1) in section 2(2), by striking "paragraph (7)" and inserting "paragraph (6)";
(2) in section 101(a)--
(A) in paragraph (4), by striking "deplore[d]" and inserting "[d]eplore[d]"; and
(B) in paragraph (6), in the matter preceding subparagraph (A), by striking "a resolution" and inserting "Resolution ES-11/5";
(3) in section 102(6), by striking the period at the end and inserting a semicolon;
(4) in section 103(a), in the matter preceding paragraph (1), by striking "section 104(j)" and inserting "section 104(l)";
(5) in section 104--
(A) in subsection (a), by striking "section 501.603(b)(ii)" and inserting "section 501.603(b)(1)(ii)";
(B) in subsection (d)(2), by striking "accounts" and inserting "account"; and
(C) in subsection (f)(1), by striking "Funds" and inserting "funds"; and
(6) in section 105--
(A) in subsection (a), in the matter preceding paragraph (1), by striking "section 104(c)" and inserting "section 104(d)";
(B) in subsection (b), by striking "section 104(f)" and inserting "section 104(g)"; and
(C) in subsection (f), by striking "subsection (c)(2)" and inserting "subsection (c)".
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SA 6357. Mr. BOOKER (for himself and Mr. McCormick) 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:
Text printed in the Record (8,073 characters)
At the appropriate place in title XII, insert the following:
SEC. 12___. EASTERN MEDITERRANEAN GATEWAY ACT.
(a) Short Title.--This section may be cited as the "Eastern Mediterranean Gateway Act".
(b) Purpose.--The purpose of this section is to support the role of Eastern Mediterranean countries as a strategic gateway in the India-Middle East-Europe Economic Corridor (IMEC).
(c) Findings.--Congress finds the following:
(1) The India-Middle East-Europe Economic Corridor (IMEC), launched at the G20 Summit in 2023 with G7 backing, enhances connectivity between Asia, the Middle East, and Europe while serving as a strategic alternative to Chinese infrastructure investments.
(2) The Eastern Mediterranean region is of strategic importance to the United States and its allies, as demonstrated by the United States founding role in the 3+1 framework with Greece, Israel, and Cyprus.
(3) Energy projects such as the Great Sea Interconnector, the Gregy Interconnection Project, the Greece-Bulgaria Interconnector, and the LNG terminals in the Eastern Mediterranean play a key role in European energy security and provide critical infrastructure that can serve as the backbone for linking India, the Gulf, and Europe through the Eastern Mediterranean and improve opportunities for United States energy security.
(4) Cyprus, Greece, Egypt, and Israel are key United States partners in promoting stability, security, and economic development in the region.
(5) Enhanced defense and security cooperation, as well as educational and cultural exchanges, strengthen bilateral and multilateral ties.
(6) According to Presidential Determination 2025-03, "the furnishing of defense articles and defense services to the Republic of Cyprus will strengthen the security of the United States and promote world peace".
(7) The statement of policy in the Israel Relations Normalization Act of 2022 (22 U.S.C. 8601 note), notably that it is the policy of the United States "to expand and strengthen the Abraham Accords to encourage other nations to normalize relations with Israel", should guide the Secretary of State and other United States actors in their work to promote integration between India, the Middle East and southeast Europe.
(8) India has strengthened strategic ties with Greece, Israel, and Cyprus, fostering economic, maritime, and security cooperation that aligns with United States regional priorities.
(9) The success of the India-Middle East-Europe Economic Corridor depends on infrastructure, security, and innovation partnerships rooted in the Eastern Mediterranean region, which serves as the primary connective hub linking the Gulf and Indian subcontinent to Europe.
(d) Sense of Congress.--It is the sense of Congress that--
(1) the significance of diplomatic initiatives such as the Greece-Cyprus-Israel-US "3+1" format, the East Mediterranean Gas Forum and the Abraham Accords should be recognized and the United States should maintain its leadership role in these diplomatic initiatives;
(2) the United States should continue to actively participate in the initiatives of the East Mediterranean Gas Forum;
(3) the Eastern Mediterranean region is a key gateway that can link three continents and the United States should support energy and transportation infrastructure, connectivity initiatives, defense cooperation, and other forms of integration in and around the region;
(4) the United States recognizes the unique role of Eastern Mediterranean countries as both a distinct subregion and a central connector within the broader IMEC corridor;
(5) the "3+1" diplomatic initiative should resume with a meeting of the Secretary of State with the Foreign Ministers of Israel, Greece, and Cyprus; and
(6) the statement of policy in section 203 of the Eastern Mediterranean Security and Energy Partnership Act of 2019 (22 U.S.C. 2373 note) should guide the Secretary of State in promoting connectivity between India, the Middle East and Europe, including participation in the trilateral dialogue on energy, maritime security, cybersecurity and protection of critical infrastructure conducted among Israel, Greece, and Cyprus.
(e) Diplomacy in Eastern Mediterranean Region.--
(1) Strategic dialogues.--The Secretary of State may institutionalize multilateral strategic dialogues between the United States and IMEC countries, including dedicated formats with Eastern Mediterranean countries, with which the United States has a bilateral strategic dialogue.
(2) Prioritization of the eastern mediterranean.--The Secretary of State shall prioritize the Eastern Mediterranean region in United States foreign policy, focusing on energy security and defense cooperation with countries in such region.
(f) Reports and Studies.--
(1) Report on implementation.--
(A) In general.--Not later than one year after the date of the enactment of this Act and annually thereafter for 5 years and every 2 years thereafter for 10 years, the Secretary of State shall submit to the appropriate congressional committees a report describing the implementation and effect of this Act, including an update on energy projects and defense cooperation that are being carried out pursuant to the authorities of this Act and the amendments made by this Act.
(B) Contents.--The report required by subparagraph (A) shall include an assessment detailing how IMEC is helping to boost connections and trade between relevant United States partners with the aim of countering the influence of the People's Republic of China.
(2) Report on multilateral initiatives.--Not later than one year after the date of the enactment of this Act, the Secretary of State shall provide to the appropriate congressional committees a briefing on each multilateral initiative between the United States and IMEC countries.
(3) Analysis of cyprus centre for land, open seas, and port security.--Not later than one year after the date of the enactment of this Act, the Secretary of State shall analyze insights gained from the operation of the Cyprus Centre for Land, Open Seas, and Port Security as a potential model for broad-based multilateral cooperation.
(4) Study of program creation and expansion.--Not later than one year after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Energy, shall submit to the appropriate congressional committees a report describing the cost of, steps to, and feasibility of--
(A) creating bilateral programs with Eastern Mediterranean countries modeled on bilateral programs between the United States and Israel, including--
(i) the Binational Agriculture Research and Development Fund;
(ii) the United States-Israel Binational Industrial Research and Development Foundation (including projects relating to homeland security and cybersecurity);
(iii) the United States-Israel Binational Science Foundation; and
(iv) the United States-Israel Science and Technology Foundation; and
(B) expanding bilateral programs between the United States and Israel, including the programs listed in subparagraph (A), to include other Eastern Mediterranean countries and IMEC countries.
(g) Definitions.--In this section:
(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) Eastern mediterranean country.--The term "Eastern Mediterranean country" refers to the following countries:
(A) The Arab Republic of Egypt.
(B) The Hellenic Republic.
(C) The Republic of Cyprus.
(D) The State of Israel.
(3) IMEC country.--The term "IMEC country" means any of the following countries:
(A) The European Union.
(B) The Federal Republic of Germany.
(C) The French Republic.
(D) The Italian Republic.
(E) The Kingdom of Saudi Arabia.
(F) The Republic of India.
(G) The United Arab Emirates.
(H) The United States.
(I) Any other country that the Secretary of State designates as an IMEC country for purposes of this section.
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SA 6358. Mr. BOOKER (for himself and Mr. Moran) 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:
Text printed in the Record (771 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1271. MODIFICATION TO WAIVERS OF LIMITATIONS ON TRANSFER
OF ARTICLES ON UNITED STATES MUNITIONS LIST TO
THE REPUBLIC OF CYPRUS.
(a) Eastern Mediterranean Security and Energy Partnership Act of 2019.--Section 205(d)(2) of the Eastern Mediterranean Security and Energy Partnership Act of 2019 (22 U.S.C. 2373 note; title II of division J of Public Law 116-94) is amended by striking "one fiscal year" and inserting "five fiscal years".
(b) National Defense Authorization Act for Fiscal Year 2020.--Section 1250A(d)(2) of the National Defense Authorization Act for Fiscal Year 2020 (22 U.S.C. 2373 note; Public Law 116-92) is amended by striking "one fiscal year" and inserting "five fiscal years".
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SA 6359. Mr. BOOKER 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:
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At the end of subtitle D of title VII add the following:
SEC. 771. STRATEGIC PLAN TO ADDRESS MENTAL HEALTH OF MEMBERS
OF THE ARMED FORCES.
(a) Plan.--The Secretary of Defense, in coordination with the Secretary of each military department and the Director of the Defense Health Agency, shall develop a strategic plan to address suicide by members of the Armed Forces and the mental health services provided to such members.
(b) Elements.--The plan under subsection (a) shall include the following:
(1) Developing and enforcing uniform protocols with respect to--
(A) the regulations prescribed for the self-initiated referral process under section 1090b(e) of title 10, United States Code, for members of the Armed Forces seeking mental health evaluations; and
(B) the provision of information, including through workplace posters, flyers, and advertisements, to ensure members of the Armed Forces are aware of such referral process.
(2) Standardized mental health training for members of the Armed Forces, including--
(A) specialized training for commanders, senior enlisted leaders, and medical personnel on identifying and addressing mental health concerns;
(B) the development of a certification process based on completion of training with documented proof of compliance;
(C) training on how to respond when a member of the Armed Forces initiates the referral process under section 1090b(e) of title 10, United States Code; and
(D) training on how to recognize signs indicating mental health distress.
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SA 6360. Mr. BOOKER 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:
Text printed in the Record (1,092 characters)
At the appropriate place in title XI, insert the following:
SEC. __. ASSESSMENT OF CIVILIAN WORKFORCE REDUCTIONS.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall carry out and submit to the Committees on Armed Services of the Senate and the House of Representatives a comprehensive assessment of the impacts of reductions in the civilian workforce of the Department of Defense carried out since January 1, 2025, including resulting experience and skills gaps where losses were not offset by entry- or mid-level hiring.
(b) Elements.--The assessment required by subsection (a) shall include the following:
(1) An evaluation of--
(A) the effects of the reductions described in such subsection on mission execution, technical expertise, and institutional knowledge across critical functional areas; and
(B) risks to readiness, acquisition, and sustainment.
(2) An identification of mitigation strategies, including workforce planning, targeted hiring, training, and retention efforts, to address identified gaps.
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SA 6361. Mr. BOOKER (for himself and Mr. Schatz) 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:
Text printed in the Record (410 characters)
At the end of subtitle A of title V, add the following:
SEC. 508. CONTEMPORANEOUS DOCUMENTATION OF DECISIONS TO DELAY
OR WITHHOLD PROMOTIONS.
The Secretary of Defense shall document any decision to delay or withhold a military officer promotion selected by a promotion board in a written memorandum justification that shall include the specific basis for such action at the time the action is taken.
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SA 6362. Mr. BOOKER (for himself and Mr. Schatz) 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:
Text printed in the Record (838 characters)
At the end of subtitle A of title V, add the following:
SEC. 508. ANONYMIZED AGGREGATE REPORTING TO CONGRESS.
(a) Reporting Requirement.--The Secretary of Defense to submit quarterly anonymized aggregate reports to Congress to support oversight of the integrity of the military promotion process and to identify systemic patterns.
(b) Elements.--The reports required under subsection (a) shall include the following information:
(1) The total number of promotion actions delayed, withheld, returned, or otherwise paused at any stage following selection by a promotion board.
(1) Aggregate demographic breakdowns of affected service members, including gender, sex, race, and ethnicity.
(1) The average duration of such delays.
(1) The percentage of delayed promotions that are subsequently approved, denied, or not executed.
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SA 6363. Mr. RICKETTS (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:
Text printed in the Record (399 characters)
At the appropriate place in subtitle D of title XII, insert the following:
SEC. __. MODIFICATION OF LIMITATION RELATING TO EXPORTS AND
TRANSFERS OF DEFENSE ARTICLES AND SERVICES
UNDER THE AUKUS PARTNERSHIP.
Section 38(l)(4)(B) of the Arms Export Control Act (22 U.S.C. 2778(l)(4)(B)) is amended by inserting ", excluding subclauses (I), (II), and (III)" after "subsection (j)(1)(C)(ii)".
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SA 6364. Mr. RICKETTS 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:
Text printed in the Record (2,116 characters)
At the appropriate place in title X, insert the following:
SEC. 10__. IMPROVEMENT OF SUBMISSION OF MEDICAL DOCUMENTATION
TO THE SECRETARY OF VETERANS AFFAIRS BY
COMMUNITY CARE PROVIDERS.
(a) In General.--The Secretary of Veterans Affairs shall ensure that each contract, agreement, or other arrangement through which the Secretary furnishes hospital care, medical services, or extended care services to eligible veterans through non-Department of Veterans Affairs entities or providers includes clear requirements, including requirements regarding timeliness, regarding the submission of medical documentation to the Secretary after a veteran receives such care or services from the non-Department entity or provider.
(b) Internal Measures.--The Secretary shall establish such goals and related performance measures for medical centers of the Department as the Secretary determines appropriate in obtaining medical documentation from non-Department entities or providers under subsection (a).
(c) Training.--The Secretary may establish goals and related performance measures for the completion by non-Department entities or providers of core training related to the submission to the Secretary of medical documentation under subsection (a) and may monitor the completion of such training.
(d) Outreach.--The Secretary shall ensure that communications by the Secretary with non-Department entities or providers contain clear and accurate information regarding requirements for submitting medical documentation under subsection (a) and completing the core training described in subsection (c).
(e) Submission of Goals, Measures, and Materials.--Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter
for the following five years, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives copies of any goals, performance measures, training materials, or outreach materials pertaining to the submission of medical documentation under this section.
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SA 6365. Mr. RICKETTS (for himself and Mr. Coons) 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:
Text printed in the Record (4,657 characters)
At the end of title XII, add the following:
SEC. 12_1. SHORT TITLE.
This subtitle may be cited as the "Providing Our Regional Companions Upgraded Protection in Nefarious Environments Act" or "PORCUPINE Act".
SEC. 12_2. MODIFICATION OF CERTIFICATION AND REPORTING
REQUIREMENTS UNDER THE ARMS EXPORT CONTROL ACT.
(a) In General.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--
(1) in section 3 (22 U.S.C. 2753)--
(A) in subsection (b)(2), by inserting "Taiwan," before "or the"; and
(B) in subsection (d)--
(i) in paragraph (2)(B), by striking "or New Zealand" and inserting "New Zealand, or Taiwan";
(ii) in paragraph (3)(A)(i), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and
(iii) in paragraph (5), by striking "or New Zealand" and inserting "New Zealand, or Taiwan";
(2) in section 21 (22 U.S.C. 2761)--
(A) in subsection (e)(2)(A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and
(B) in subsection (h)--
(i) in paragraph (1)(A), by striking "or Israel" and inserting "Israel, or Taiwan"; and
(ii) in paragraph (2), by striking "or Israel" and inserting "Israel, or Taiwan";
(3) in section 36 (22 U.S.C. 2776)--
(A) in subsection (b)--
(i) in paragraph (1), in the undesignated matter following subparagraph (P), in the second sentence, by striking "or New Zealand" and inserting "New Zealand, or Taiwan";
(ii) in paragraph (2), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and
(iii) in paragraph (6), in the matter preceding subparagraph (A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan";
(B) in subsection (c)--
(i) in paragraph (2)(A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and
(ii) in paragraph (5), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and
(C) in subsection (d)(2)(A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan";
(4) in section 62(c)(1) (22 U.S.C. 2796a(c)(1)), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and
(5) in section 63(a)(2) (22 U.S.C. 2796b(a)(2)), in the matter preceding subparagraph (A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan".
(b) Report.--Not later than two years after the date of the enactment of this Act, and every two years thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation and effectiveness of the amendments made by this section.
SEC. 12__3. FEASIBILITY ASSESSMENT OF EXPEDITED LICENSING FOR
ALLIES TRANSFERRING MILITARY EQUIPMENT TO
TAIWAN.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall conduct an assessment of the feasibility of establishing an expedited decision-making process for third party transfers of defense articles and services from North Atlantic Treaty Organization member countries, Japan, Australia, the Republic of Korea, New Zealand, or Israel to Taiwan, including transfers and re-transfers of United States-origin grant, Foreign Military Sales, and Direct Commercial Sales end-items not covered by an exemption under the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations.
(b) Elements.--The assessment required by subsection (a) shall include an assessment of the following:
(1) The availability of such an expedited decision-making process for classified and unclassified items.
(2) The feasibility of requiring--
(A) the approval, return, or denial of any licensing application to export defense articles and services that is related to a government-to-government agreement within 15 days after the submission of such application; and
(B) the completion of the review of all other licensing requests not later than 30 days after the submission of such application.
(c) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall provide the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with a briefing on the outcome of the assessment required by subsection (a).
SEC. 12_4. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to alter the policy of the United States toward Taiwan as specified in the Taiwan Relations Act (22 U.S.C. 3301 et seq.).
SEC. 12_5. SUNSET.
This subtitle shall cease to have effect on the date that is seven years after the date of the enactment of this Act.
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SA 6366. Mr. RICKETTS 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:
Text printed in the Record (7,910 characters)
At the end of title XII, add the following:
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Taiwan Energy Security and Anti-Embargo Act of 2026".
SEC. 1272. PROMOTION OF UNITED STATES ENERGY EXPORTS AND
ENERGY INFRASTRUCTURE RESILIENCE FOR TAIWAN.
The Taiwan Enhanced Resilience Act (22 U.S.C. 3351 et seq.) is amended by adding at the end the following:
"PART 8--PROMOTION OF UNITED STATES ENERGY EXPORTS AND ENERGY
INFRASTRUCTURE RESILIENCE FOR TAIWAN
"SEC. 5540A. DEFINITIONS.
"In this part:
"(1) Appropriate congressional committees.--The term `appropriate congressional committees' means--
"(A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Committee on Armed Services of the Senate; and
"(B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Armed Services of the House of Representatives.
"(2) Asymmetric threat.--The term `asymmetric threat' means a threat posed by unconventional means, including a cyberattack, sabotage, or economic coercion, designed to undermine or disrupt the operation of critical infrastructure.
"SEC. 5540B. PROMOTION OF UNITED STATES ENERGY EXPORTS TO
TAIWAN.
"(a) In General.--The Secretary of State, in coordination with the Secretary of Commerce and the Secretary of Energy, may prioritize efforts to support and facilitate--
"(1) United States energy exports to Taiwan; and
"(2) the development of energy projects that diversify Taiwan's energy sources.
"(b) Activities.--In carrying out subsection (a), the Secretaries may--
"(1) engage with United States liquefied natural gas producers, exporters, and infrastructure entities to identify and address barriers to liquefied natural gas exports and storage projects intended for the market of Taiwan;
"(2) facilitate coordination between United States private sector entities, relevant governing authorities, and private sector stakeholders in Taiwan, including to promote investment in energy projects in Taiwan and the export of United States technologies to Taiwan;
"(3) provide diplomatic and technical support for exports of United States energy resources, technologies, and equipment, and storage and related infrastructure for any relevant energy projects linked to Taiwan; and
"(4) coordinate interagency efforts to ensure cohesive and sustained United States support for Taiwan's energy security.
"SEC. 5540C. ENERGY INFRASTRUCTURE RESILIENCE CAPACITY
BUILDING.
"(a) Requirement.--Not later than 180 days after the date of the enactment of the Taiwan Energy Security and Anti-Embargo Act of 2026, the Secretary of State, in coordination with the Secretary of Defense and the Secretary of Energy, may seek to engage with appropriate officials of Taiwan for the purpose of cooperating with the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Defense, and the head of any other applicable ministry of Taiwan for capacity building to enhance energy infrastructure resilience, including defensive military cybersecurity activities.
"(b) Identification of Activities.--In carrying out subsection (a), the Secretary of State may identify cooperative activities--
"(1) to enhance cybersecurity programs to protect grid operating systems, liquefied
natural gas and other energy storage terminals, and supervisory control and data acquisition systems;
"(2) to support physical security improvements, operational redundancy, and continuity-of-operations planning;
"(3) to engage in joint training exercises and scenario-based planning with relevant agencies in Taiwan; and
"(4) to support workforce development, emergency response planning, and institutional modernization of energy sector operators.
"(c) United States-Taiwan Energy Security Center.--The Secretary of State, in coordination with the Secretary of Energy, may establish a joint United States-Taiwan Energy Security Center in the United States, leveraging the expertise of institutions of higher education and private sector entities to foster dialogue and collaboration for academic cooperation in energy security and resilience.
"(d) Authorization of Assistance.--The Secretary of State, in coordination with the Secretary of Defense and the Secretary of Energy, may provide technical assistance to support the activities described in subsection (b) or the center described in subsection (c).
"(e) Implementation.--
"(1) In general.--Assistance under this section shall be provided through the American Institute in Taiwan and in consultation with relevant authorities in Taiwan, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.).
"(2) Notification.--Any assistance provided by the Department of State pursuant this section shall be subject to the regular notification requirements of section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
"(f) Briefings.--Not later than 180 days after the date of the enactment of the Taiwan Energy Security and Anti-Embargo Act of 2026, the Secretary of State, in coordination with the Secretary of Defense and the Secretary of Energy, shall provide to the appropriate congressional committees a briefing on the implementation of this section.
"SEC. 5540D. ANNUAL REPORT.
"(a) In General.--Not later than 180 days after the date of the enactment of the Taiwan Energy Security and Anti-Embargo Act of 2026, and annually thereafter for 3 years, the Secretary of State, in coordination with the Secretary of Commerce, the Secretary of Energy, and the Secretary of Defense, shall submit to the appropriate congressional committees a report that--
"(1) describes actions taken under this part;
"(2) identifies barriers to--
"(A) increased United States energy resource, technology, and equipment exports to Taiwan;
"(B) increased investment in Taiwan's energy sector that would strengthen Taiwan's energy resilience;
"(C) energy infrastructure security cooperation; and
"(D) enhancing the resilience of Taiwan's energy supply against economic coercion and supply chain disruptions, with due consideration for national security implications;
"(3) evaluates the effectiveness of capacity building and technical assistance activities carried out under section 5540C; and
"(4) provides recommendations to expand and diversify Taiwan's energy sources and improve future bilateral energy cooperation between the United States and Taiwan.
"(b) Form.--Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.".
SEC. 1273. TRAINING TO IMPROVE TAIWAN'S CRITICAL ENERGY
INFRASTRUCTURE PROTECTION.
Section 5504(a)(3) of the Taiwan Enhanced Resilience Act (22 U.S.C. 3353(a)(3)) is amended by inserting after "capabilities" the following: "and critical energy infrastructure protection".
SEC. 1274. SENSE OF CONGRESS REGARDING TAIWAN'S USE OF
NUCLEAR ENERGY.
It is the sense of Congress that--
(1) it is in the interests of both the United States and Taiwan for Taiwan--
(A) to maintain nuclear power as an energy source; and
(B) to utilize new nuclear technologies, including Gen III+ nuclear reactors and small modular reactor technology; and
(2) the United States should prioritize assistance and cooperation with Taiwan on nuclear energy to improve technology exports and job creation in the United States and energy security and resilience in Taiwan.
SEC. 1275. RULE OF CONSTRUCTION REGARDING CONTINUED UNITED
STATES POLICY TOWARD TAIWAN AND THE GOVERNMENT
OF THE PEOPLE'S REPUBLIC OF CHINA.
Nothing in this subtitle may be construed as a change to the One China Policy of the United States, which is guided by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the three United States-People's Republic of China Joint Communiques, and the Six Assurances.
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SA 6367. Mr. RICKETTS 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:
Text printed in the Record (3,114 characters)
At the appropriate place in title VII, insert the following:
SEC. 7__. IMPROVEMENT OF MENTAL HEALTH SCREENING CONDUCTED
UNDER SEPARATION HEALTH ASSESSMENTS FOR MEMBERS
OF THE ARMED FORCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) in order to address the mental health challenges following separation of members of the Armed Forces from military service, transitioning members must receive effective mental health screening prior to separation;
(2) all screens conducted for mental health for members of the Armed Forces under the separation health assessment must be validated screens;
(3) it is essential that the Department of Defense fully implement the separation health assessment with validated screening; and
(4) screening for substance use should be considered a necessary mental health screen and included in the separation health assessment.
(b) Validated Mental Health Screens.--The Joint Executive Committee shall ensure the post-traumatic stress disorder (PTSD) mental health screen, the alcohol use mental health screen, and the violence risk mental health screen under the separation health assessment are each modified to be a validated tool, which may include taking steps to validate an existing screen or replacing an existing screen with an already validated screen.
(c) Inclusion of Substance Use in Mental Health Screens.--
(1) In general.--The Joint Executive Committee shall incorporate screening for substance use as a mental health screen and shall assess whether to include such screening in the separation health assessment, including by taking such action as the Joint Executive Committee considers appropriate, which may include taking steps to incorporate a validated screen.
(2) Report.--Not later than 120 days after the date of the enactment of this Act, the Joint Executive Committee shall submit to the appropriate congressional committees a report on the justification of the Joint Executive Committee to include or not include a substance use screen under paragraph (1).
(d) Implementation of Separation Health Assessment.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, under the guidance of the Under Secretary of Defense for Personnel and Readiness, shall fully implement the separation health assessment.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.
(2) Joint executive committee.--The term "Joint Executive Committee" means the Department of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of title 38, United States Code.
(3) Separation health assessment.--The term "separation health assessment" means the health assessment for members of the Armed Forces separating from military service established by the Joint Executive Committee.
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SA 6368. Mr. HUSTED 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:
Text printed in the Record (1,994 characters)
At the appropriate place in title X, insert the following:
SEC. __. TRANSFER OF CERTAIN LAND NEAR DAYTON NATIONAL
CEMETERY TO DEPARTMENT OF VETERANS AFFAIRS.
(a) Transfer.--Not later than 30 days after the date on which the Montgomery County Land Bank makes an offer to transfer to the Department of Veterans Affairs the parcel of land described in subsection (b), the Secretary of Veterans Affairs shall begin the process of entering into an agreement with the Land Bank to carry out such transfer. Under any such agreement--
(1) the Land Bank shall agree to transfer to the Department all right, title, and interest in such parcel at no cost of the land to the Department and for no consideration; and
(2) the Secretary shall agree to accept such transfer--
(A) in order to use such parcel as a national cemetery; and
(B) not later than three years after the date on which the Land Bank offers to transfer the parcel.
(b) Parcel Described.--The parcel of land described in this subsection is the approximately 58 acres of land located in Dayton, Ohio, across from Dayton National Cemetery, bound by the intersection of McCall
Street and South Gettysburg Avenue, the intersection of McCall Street and Resaca Avenue, the intersection of South Gettysburg Avenue and U.S. Route 35 of the Interstate Highway System, and depicted on the map titled "Dayton National Cemetery Proposed Land Transfer" and dated January 26, 2024, and labeled on the map as "Expansion Area".
(c) Rules of Construction.--Nothing in this section shall be construed to--
(1) require or encourage the Secretary to acquire any parcel other than the parcel described in subsection (b); or
(2) require or encourage the Secretary to enter into any special agreement with an entity other than the Montgomery County Land Bank.
(d) Montgomery County Land Bank Defined.--In this section, the term "Montgomery County Land Bank" means the land bank located at 130 W. Second Street, Suite 1425, Dayton, Ohio 45402.
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SA 6369. Mr. CORNYN (for himself and Ms. Baldwin) 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:
Text printed in the Record (10,526 characters)
At the appropriate place, insert the following:
SEC. __. PROHIBITIONS RELATING TO CERTAIN VEHICLES.
(a) Prohibitions Relating to Certain Vehicles Produced or Provided by Entities Based in Certain Countries.--Section 5323(u) of title 49, United States Code, is amended--
(1) by striking paragraphs (1) and (2) and inserting the following:
"(1) Definitions.--In this subsection:
"(A) Covered entity.--The term `covered entity'--
"(i) means an entity (including a corporation, partnership, association, organization, or other entity)--
"(I) the principal place of business of which is in a covered nation;
"(II) that is headquartered in, incorporated in, or otherwise organized under the laws of a covered nation;
"(III) that, regardless of where the entity is organized or doing business, is owned or controlled by a covered nation or covered individual, including circumstances in which a covered individual possesses the power to determine, direct, or decide matters affecting the entity--
"(aa) through--
"(AA) the ownership of a majority of the total outstanding voting interest in the entity;
"(BB) board representation;
"(CC) proxy voting;
"(DD) a special share;
"(EE) contractual arrangements;
"(FF) formal or informal arrangements to act in concert; or
"(GG) other means; and
"(bb) regardless of whether that power is--
"(AA) direct; or
"(BB) exercised or unexercised;
"(IV) that is owned or controlled by a subsidiary or affiliate of an entity described in subclause (I), (II), or (III), or that is the majority owner of a joint venture with an entity described in subclause (I), (II), or (III);
"(V) that is a manufacturer from which the procurement of rolling stock was ever prohibited under this subsection; or
"(VI) that is an owner of, successor of, subsidiary of, or affiliate of a manufacturer described in subclause (V), or is the majority owner of a joint venture with such a manufacturer; and
"(ii) does not include any publicly traded United States entity or a subsidiary thereof, unless the United States Trade Representative determines that the entity is otherwise owned by, controlled by, or subject to the jurisdiction, direction, or effective control of a covered nation.
"(B) Covered funding.--The term `covered funding' means any financial assistance made available under this chapter.
"(C) Covered individual.--The term `covered individual' means any individual, wherever located--
"(i) whose activities are directly or supervised, directed, controlled, financed, or subsidized, in whole or in majority part, by a covered nation;
"(ii) who acts as an agent, representative, or employee of a covered nation or an individual described in clause (i);
"(iii) who acts in any other capacity at the order of, at the request of, or under the direction or control of a covered nation or an individual described in clause (i); or
"(iv) who--
"(I) is a citizen or resident of a covered nation or a country controlled by a covered nation; and
"(II) is not a citizen or permanent resident of the United States.
"(D) Covered nation.--The term `covered nation' has the meaning given the term in section 4872(d) of title 10.
"(E) Covered vehicle.--The term `covered vehicle' means rolling stock that--
"(i) is produced or provided by a covered entity included on the list developed under paragraph (2)(B); or
"(ii) incorporates an electric power train produced or provided by a covered entity included on the list developed under paragraph (2)(B).
"(F) Electric power train.--The term `electric power train' has the meaning given the term in section 571.305 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph).
"(G) Publicly traded united states entity.--The term `publicly traded United States entity' means any entity that--
"(i) is organized or incorporated under the laws of the United States or any State thereof; and
"(ii) has a class of securities listed for trading on a national securities exchange registered under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f) or otherwise traded on a market regulated or recognized by the Securities and Exchange Commission.
"(2) Prohibition.--
"(A) In general.--Subject to subparagraph (C), on and after the date of enactment of this subparagraph, the Secretary may not award or obligate covered funding--
"(i) for a contract or subcontract for the procurement of a covered vehicle; or
"(ii) for the construction, installation, or maintenance of infrastructure to fuel or charge a covered vehicle that is a bus, if the applicable covered vehicle is procured under a contract or subcontract executed on or after the date of enactment of this subparagraph.
"(B) List of covered entities.--
"(i) In general.--Not later than 30 days after the date of enactment of this subparagraph, the United States Trade Representative, in consultation with the Attorney General and the Secretary, shall make publicly available, including on a publicly accessible website, a list of covered entities that produce or provide--
"(I) rolling stock to which the prohibition under subparagraph (A) applies; or
"(II) electric power trains the incorporation of which into rolling stock would render the rolling stock subject to the prohibition under subparagraph (A).
"(ii) Updates.--The United States Trade Representative shall update the list required under clause (i)--
"(I) based on information provided to the United States Trade Representative by the Attorney General and the Secretary; and
"(II) not less frequently than--
"(aa) once every 90 days during the 180-day period beginning on the date of initial publication of the list under that clause; and
"(bb) annually thereafter.
"(C) Exception.--Notwithstanding subparagraph (A), the Secretary may procure a covered vehicle or construct, install, or maintain infrastructure to fuel or charge a covered vehicle for purposes of--
"(i) the inspection or investigation of a motor vehicle or equipment; or
"(ii) motor vehicle safety research, development, or testing.";
(2) in paragraph (4), by striking "paragraph (1)" each place that term appears and inserting "paragraph (2)";
(3) in paragraph (5)--
(A) in subparagraph (A)--
(i) by striking "This subsection, including the" and inserting "The";
(ii) by striking the comma after "(4)";
(iii) by inserting "that does not utilize covered funds" after "subcontract";
(iv) by striking "rail rolling stock manufacturer described in paragraph (1)" and inserting "covered entity";
(v) by striking "the manufacturer" and inserting "the covered entity"; and
(vi) by striking "date of enactment of this subsection" and inserting "date of enactment of this subparagraph";
(B) by striking subparagraph (B) and inserting the following:
"(B) Contract completion.--Notwithstanding paragraph (2), covered funds may be obligated for a contract or subcontract that was eligible for assistance under this chapter under the provisions of this subsection prior to the date of enactment of this subparagraph until the delivery of rolling stock is complete under such contract."; and
(C) by striking subparagraph (C); and
(4) by adding at the end the following:
"(6) Severability.--If any provision of this subsection, or the application of this subsection to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this subsection, and the application of the provision to any other person or circumstance, shall not be affected.".
(b) Prohibitions Relating to Additional Vehicles Produced or Provided by Entities Based in Certain Countries.--
(1) Definitions.--In this subsection:
(A) Covered entity; covered individual; covered nation; covered vehicle; electric power train.--The terms "covered entity"; "covered individual", "covered nation", "covered vehicle", and "electric power train" have the meanings given those terms in section 5323(u)(1) of title 49, United States Code, as added by subsection (a).
(B) Covered funding.--The term "covered funding" means any appropriations made available to the Department, other than funds made available under chapter 53 of title 49, United States Code.
(C) Department.--The term "Department" means the Department of Transportation.
(D) Secretary.--The term "Secretary" means the Secretary of Transportation.
(2) Prohibition.--
(A) In general.--Subject to subparagraph (C), the Department may not award, obligate, allocate, or expend covered funding--
(i) for the procurement of a covered vehicle by the Department or any other agency or person; or
(ii) for the construction, installation, or maintenance of infrastructure to fuel or charge a covered vehicle that is a bus, if the applicable covered vehicle is procured under a contract or subcontract executed on or after the date of enactment of this Act.
(B) List of covered entities.--
(i) In general.--Not later than 30 days after the date of enactment of this Act, the United States Trade Representative, in consultation with the Attorney General and the Secretary, shall make publicly available, including on a publicly accessible website, a list of covered entities that produce or provide--
(I) covered vehicles to which the prohibition under subparagraph (A) applies; or
(II) electric power trains the incorporation of which into a covered vehicle would render the covered vehicle subject to the prohibition under that paragraph.
(ii) Updates.--The United States Trade Representative shall update the list required under clause (i)--
(I) based on information provided to the United States Trade Representative by the Attorney General and the Secretary; and
(II) not less frequently than--
(aa) once every 90 days during the 180-day period beginning on the date of initial publication of the list under that subparagraph; and
(bb) annually thereafter.
(C) Exception.--Notwithstanding subparagraph (A), the Department may procure a covered vehicle or construct, install, or maintain infrastructure to fuel or charge a covered vehicle for purposes of--
(i) the inspection or investigation of a motor vehicle or equipment; or
(ii) motor vehicle safety research, development, or testing.
(3) Severability.--If any provision of this subsection, or the application of this subsection to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this subsection, and the application of the provision to any other person or circumstance, shall not be affected.
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SA 6370. Mr. CORNYN (for himself, Mr. Warner, and Mr. Young) 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:
Text printed in the Record (6,142 characters)
At the end of subtitle G of title X, add the following:
SEC. 1___. REPORT ON CRITICAL MINERAL AND RARE EARTH ELEMENT
RESOURCES.
(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) Critical mineral.--The term "critical mineral" has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(3) Foreign entity of concern.--The term "foreign entity of concern" has the meaning given the term in section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)).
(4) Rare earth elements.--The term "rare earth elements" means cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, promethium, samarium, scandium, terbium, thulium, ytterbium, and yttrium.
(5) Secretary.--The term "Secretary" means the Secretary of the Interior
(6) 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; or
(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.
(b) Report on Critical Mineral and Rare Earth Element Resources.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy and the heads of other relevant Federal agencies, shall submit to Congress a report on all critical mineral and rare earth element resources (including recyclable or recycled materials containing those resources) around the world that includes--
(A) an assessment of--
(i) which of those resources are under the control of a foreign entity of concern, including through ownership, contract, or economic or political influence;
(ii) which of those resources are owned by, controlled by, or subject to the jurisdiction or direction of the United States or a country that is an ally or partner of the United States;
(iii) which of those resources are not owned by, controlled by, or subject to the jurisdiction or direction of a foreign entity of concern or a country described in clause (ii); and
(iv) in the case of those resources not undergoing commercial mining, the reasons for the lack of commercial mining;
(B) for each mine from which significant quantities of critical minerals or rare earth elements are being extracted, as of the date that is 1 year before the date of the report--
(i) an estimate of the annual volume of output of the mine as of that date;
(ii) an estimate of the total volume of mineral or elements that remain in the mine as of that date;
(iii)(I) an identification of the country and entity operating the mine; or
(II) if the mine is operated by more than 1 country or entity, an estimate of the output of each mineral or element from the mine to which each such country or entity has access; and
(iv) an identification of the ultimate beneficial owners of the mine and the percentage of ownership held by each such owner;
(C) for each mine not described in subparagraph (B), to the extent practicable--
(i) an estimate of the aggregate annual volume of output of the mines as of the date that is 1 year before the date of the report;
(ii) an estimate of the aggregate total volume of mineral or elements that remain in the mines as of that date; and
(iii) an estimate of the aggregate total output of each mineral or element from the mine to which a foreign entity of concern has access;
(D)(i) a list of key foreign entities of concern involved in mining critical minerals and rare earth elements;
(ii) a list of key entities in the United States and countries that are allies or partners of the United States involved in mining critical minerals and rare earth elements; and
(iii) an assessment of the technical feasibility of entities listed under clauses (i) and (ii) mining and processing resources identified under subparagraph (A)(iii) using existing advanced technology;
(E) an assessment, prepared in consultation with the Secretary of State, of ways to collaborate with countries in which mines, mineral processing operations, or recycling operations (or any combination thereof) are located that are operated by other countries, or are operated by entities from other countries, to ensure ongoing access by the United States and countries that are allies and partners of the United States to those mines and processing or recycling operations;
(F) a list, prepared in consultation with the Secretary of Commerce, identifying, to the maximum extent practicable, based on publicly available and government-sourced information, strategically significant cases in which entities were forced to divest stock in mining, processing, or recycling operations (or any combination thereof) for critical minerals and rare earth elements based on--
(i) regulatory rulings of the government of a covered nation;
(ii) joint regulatory rulings of the government of a covered nation and the government of another country; or
(iii) rulings of a relevant tribunal or other entity authorized to render binding decisions on divestiture;
(G) a list of strategically significant cases in which the government of a covered nation purchased an entity that was forced to divest stock as described in subparagraph (F);
(H) a list of strategically significant cases in which mining, processing, or recycling operations (or any combination thereof) for critical minerals and rare earth elements that were not subject to a ruling described in subparagraph (F) were taken over by--
(i) the government of a covered nation; or
(ii) an entity located in, or influenced or controlled by, the government of a covered nation; and
(I) an assessment of any significant data gaps or uncertainties in the information required under subparagraphs (F) through (H).
(2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex, if necessary.
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SA 6371. Mr. CORNYN (for himself and Mrs. Shaheen) 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:
Text printed in the Record (8,241 characters)
At the end of title XII, add the following:
Subtitle F--Scam Compound Accountability and Mobilization
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Scam Compound Accountability and Mobilization Act".
SEC. 1272. 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 significant 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) Significant 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) Significant 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) Significant 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 recruitment fraud related to such scam compounds have occurred in Southeast Asia, Europe, North America, and South America.
SEC. 1273. 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 recruitment fraud, by employing effective tools, such as targeted financial sanctions, visa restrictions, asset seizures, 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. 1274. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to comprehensively combat the significant transnational criminal organizations operating scam compounds and exploiting workers, including through human trafficking and 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. 1275. 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 Foreign Affairs of the House of Representatives;
(F) the Committee on the Judiciary of the House of Representatives;
(G) the Committee on Financial Services of the House of Representatives; and
(H) the Permanent Select Committee on Intelligence 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 significant 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 and diplomatic efforts.--The term "relevant foreign assistance programs and diplomatic efforts"--
(A) means unclassified voluntary support programs funded directly by the United States Government that provide assistance to one or more foreign countries for the purpose of combating scam compound operations and related significant transnational criminal organizations; 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 for victims of human trafficking 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 internationally.
(10) Scam compound.--The term "scam compound" means a physical installation where a significant transnational criminal organization carries out cyber-enabled fraud operations, often using victims of human trafficking and forced criminality.
(11) Significant transnational criminal organization.--The term "significant 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.
(12) Strategy.--The term "Strategy" means the strategy to counter scam compounds and hold significant transnational criminal organizations and human traffickers accountable described in section 1276.
(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. 1276.
Text printed in the Record (11,602 characters)
STRATEGY TO COUNTER SCAM COMPOUNDS AND HOLD
SIGNIFICANT 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 of State, 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) significant transnational criminal organizations and human traffickers involved in operating 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
(3) may prioritize efforts focused on Southeast Asian countries where scam compound operations are most prevalent.
(b) Objectives.--The Strategy shall provide for and incorporate the following objectives:
(1) Reducing the ability of significant transnational criminal organizations to operate scam compounds in Southeast Asia and wherever else they may propagate.
(2) Building the capacity, including that of digital forensics, anti-money laundering, 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 survivors of human trafficking and forced criminality under the direction of the Ambassador-at-Large to Monitor and Combat Trafficking in Persons.
(4) Preventing recruitment fraud 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 recruitment fraud, human trafficking or cyber-enabled fraud;
(B) raising awareness among at-risk populations to identify common recruitment fraud 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 and border officials, to identify 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 assisting defrauded United States persons in recovering and returning their stolen assets.
(7) Using sanctions, visa restrictions, and other accountability measures, in coordination with allies and partners to the greatest extent possible, against enabling countries, significant 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, neglecting, 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, 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 indictment of key actors and enablers.
(c) Contents.--The Strategy shall--
(1) include a comprehensive problem statement identifying the structural vulnerabilities exploited by significant transnational criminal organizations operating scam compounds;
(2) develop a comprehensive list of enabling countries and impacted countries;
(3) identify all active executive branch relevant foreign assistance programs and diplomatic efforts underway to address scam compounds, significant transnational criminal organizations connected to scam compounds, and related money laundering, human trafficking and forced criminality, including efforts with enabling countries and impacted countries;
(4) identify relevant foreign assistance resources needed to fully 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
(5) 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 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.
SEC. 1277. ESTABLISHING A TASK FORCE TO IMPLEMENT THE
STRATEGY.
(a) In General.--Not later than 90 days after submitting the Strategy pursuant to section 1276(a), the Secretary of State, 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; 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.
(c) Consultation.--The Task Force, or representatives of the Task Force, should--
(1) consult with State 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 stolen assets;
(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--
(1) conduct a status review of the Strategy and the overall state of scam compounds operated by significant transnational criminal organizations that includes--
(A) a list of enabling countries and impacted countries;
(B) an estimate of the amount of money that has been stolen from United States nationals through scams emanating from scam compounds;
(C) an estimate of the amount of the stolen money 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. 1278. STRENGTHENING TOOLS TO DISMANTLE SCAM COMPOUNDS
AND HOLD SIGNIFICANT TRANSNATIONAL CRIMINAL
ORGANIZATIONS ACCOUNTABLE.
(a) Imposition of Sanctions With Respect to Significant 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 materially assisted in, or provided significant financial or technological support to, or provided significant goods or services in support of, the activities of international scam compounds or enabling services, including recruitment fraud, 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 recruitment fraud, 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.
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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.--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 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.
(2) Exceptions 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)).
(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) Intelligence and Law Enforcement Activities.--Sanctions authorized under this section shall not apply with respect to--
(1) 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
(2) any authorized intelligence or law enforcement activities of the United States.
(f) 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.
(g) Form.--The report required under subsection (f) shall be submitted in an unclassified form, but may include a classified annex.
(h) Exception Relating to Importation of Goods.--
(1) In general.--A requirement to block and prohibit all transactions in all property and interests in property pursuant to subsection (b) shall not include the authority or a requirement to impose sanctions on the importation of goods.
(2) Defined term.--In this subsection, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(i) 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. 1279. 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 of State, 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;
(2) offers recommendations to amend existing forfeiture law to enable the Department of Justice to use assets forfeited as a result of law enforcement activities targeting international scam compound operations to provide financial redress to United States citizen victims of scam operations; and
(3) offers recommendations for the administration of such a redress mechanism.
(b) Form.--The report required under subsection (a) shall be submitted in an unclassified form.
SEC. 1280. 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 Secretary of State is authorized to provide nongovernmental organizations, nonprofit organizations, and intergovernmental entities access to current and archival high-resolution satellite imagery 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, such as forced labor or forced criminality.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State 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. 1280A. 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.
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SA 6372. Mr. CORNYN (for himself, Mr. Coons, and Ms. Cortez Masto) 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. CONDITIONAL TERMINATION OF THE UNITED STATES-
PEOPLE'S REPUBLIC OF CHINA INCOME TAX
CONVENTION.
(a) In General.--The Secretary of the Treasury shall provide written notice to the People's Republic of China through diplomatic channels of the United States' intent to terminate the United States-The People's Republic of China Income Tax Convention, done at Beijing April 30, 1984, and entered into force January 1, 1987, as provided by Article 28 of the Convention, not later than 30 days after the President notifies the Secretary of the Treasury that the People's Liberation Army has initiated an armed attack against the Republic of China (commonly known as "Taiwan").
(b) Congressional Notification.--The President shall submit written notification of a termination described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Finance of the Senate.
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SA 6373. Mr. COTTON (for himself and Mr. Warner) 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:
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At the appropriate place, insert the following:
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:
Sec. 1. Short title; table of contents. Sec. 2. Definitions.
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. Sec. 302. Repeal of National Intelligence Management Council. Sec. 303. Repeal of various positions, units, centers, councils, and offices. Sec. 304. Transfer of National Intelligence University. Sec. 305. Limitation on domestic activities at the National Counterterrorism Center. Sec. 306. Timely provision of security direction to intelligence community whistleblowers. Sec. 307. No police, subpoena, or law enforcement powers or internal security functions for Director of National Intelligence.
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TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
Sec. 401. Extension of Central Intelligence Agency authority regarding unmanned aircraft systems. Sec. 402. 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. Prohibition on availability of funds for relocation of Office of Intelligence and Analysis to certain facilities. Sec. 503. Funds for foreign intelligence activities conducted with and by the National Reconnaissance Office. Sec. 504. Modification of annual report on Federal Bureau of Investigation case data. Sec. 505. Establishment of Office of Counterintelligence. Sec. 506. Role of National Security Agency in collection and analysis of signals intelligence.
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. Limitation on intelligence community support for offensive cyber operations conducted by nongovernmental entities. Sec. 611. Biological intelligence activities of the intelligence community. Sec. 612. Prohibition on participation in prediction markets. Sec. 613. Repeal of certain report and briefing requirements. Sec. 614. Intelligence community personnel travel, allowances, and related expenses regulations. Sec. 615. Prohibition on sending and receiving objects using entities owned or controlled by persons or governments of certain countries. Sec. 616. Enhancing intelligence cooperation in the Indo-Pacific region. Sec. 617. Intelligence activities related to Ukraine. Sec. 618. Requirements relating to intelligence sharing with countries of significant concern to the United States. Sec. 619. 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. Proliferation assessments regarding artificial intelligence technology. Sec. 710. Review of artificial intelligence security vulnerabilities under Vulnerabilities Equities Process. Sec. 711. Prohibition on certain artificial intelligence models on intelligence community systems.
Sec. 801. Modification to notification requirements for authorized and ordered departures. Sec. 802. Identification of reallocable frequencies. Sec. 803. Intelligence support to the U.S. International Development Finance Corporation. Sec. 804. Establishing processes and procedures for protecting Federal Reserve information. Sec. 805. Offenses involving espionage. Sec. 806. Parental bereavement leave. Sec. 807. Definition of foreign instrumentality for purposes of economic espionage prohibition. Sec. 808. Protection of trade secrets. Sec. 809. 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.
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
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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
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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 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. TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY.
(a) Transfer.--The Director of National Intelligence shall transfer the functions of the National Intelligence University to the National Defense University described in section 2165 of title 10, United States Code.
(b) Repeal.--Title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) is amended by striking subtitle D (50 U.S.C. 3227 et seq.).
(c) Conforming Amendments.--
(1) Title 10.--Section 2151(b) of title 10, United States Code, is amended by striking paragraph (3).
(2) Title 17.--Section 105(d)(2) of title 17, United States Code, is amended--
(A) by striking subparagraph (M); and
(B) by redesignating subparagraph (N) as subparagraph (M).
(3) Damon paul nelson and matthew young pollard intelligence authorization act for fiscal years 2018, 2019, and 2020.--The Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116-92) is amended by striking section 5324 (50 U.S.C. 3334a).
(d) Clerical Amendment.--The table of contents for the National Security Act of 1947 (50 U.S.C. 3002 et seq.) is amended, in the matter preceding section 2 of such Act, by striking the items relating to subtitle D of title X.
SEC. 305. 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. 306. 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. 307. 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. EXTENSION OF CENTRAL INTELLIGENCE AGENCY AUTHORITY
REGARDING UNMANNED AIRCRAFT SYSTEMS.
Section 15A(m) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3515a(m)) is amended by striking "December 31, 2027" and inserting "the date set forth in section 210G(j)(1) of the Homeland Security Act of 2002 (6 U.S.C. 124n(j)(1))".
SEC. 402. 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.
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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. PROHIBITION ON AVAILABILITY OF FUNDS FOR RELOCATION
OF OFFICE OF INTELLIGENCE AND ANALYSIS TO
CERTAIN FACILITIES.
None of the funds authorized to be appropriated by this division for fiscal year 2027 for the National Intelligence Program (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), may be obligated or expended to move or relocate the Office of Intelligence and Analysis of the Department of Homeland Security to any facility other than a facility owned by the Department of Homeland Security.
SEC. 503. 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 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. 504. 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. 505. 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. 506. 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.".
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.
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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 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.
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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.
(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.
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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 and the Undersecretary of Defense for Intelligence and Security 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.
(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 Undersecretary of Defense for Intelligence and Security.
(3) The Director of the Defense Intelligence Agency.
(4) The Director of the Central Intelligence Agency.
(5) The Director for Intelligence for the United States Indo-Pacific Command.
(6) The Director of the National-Geospatial Intelligence Agency.
(7) The Director of the National Security Agency.
(8) The Assistant Secretary of the Treasury for Intelligence and Analysis.
(9) The Assistant Secretary of State for Intelligence and Research.
(10) Such other heads of the elements of the intelligence community that the Director of National Intelligence and the Undersecretary of Defense for Intelligence and Security determine appropriate.
(d) Leadership; Organization; Meetings.--
(1) Co-chairs.--The Director of National Intelligence (or a designee of the Director) and the Undersecretary of Defense for Intelligence and Security (or a designee of the Undersecretary) shall be co-chairs of the Task Force.
(2) Working groups.--The Task Force may create subordinate working groups as determined by the co-chairs.
(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. LIMITATION ON INTELLIGENCE COMMUNITY SUPPORT FOR
OFFENSIVE CYBER OPERATIONS CONDUCTED BY
NONGOVERNMENTAL ENTITIES.
(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. LIMITATION ON INTELLIGENCE COMMUNITY SUPPORT FOR
OFFENSIVE CYBER OPERATIONS CONDUCTED BY
NONGOVERNMENTAL ENTITIES.
"(a) In General.--An element of the intelligence community may not provide intelligence or support for an offensive cyber operation conducted by a nongovernmental entity, unless such an entity--
"(1) is conducting the offensive cyber operation on behalf of such element and is operating under the authorities and supervision of such element; or
"(2) is otherwise authorized by the President of the United States to conduct the offensive cyber operation.
"(b) Definitions.--In this section:
"(1) Nongovernmental entity.--The term `nongovernmental entity' means any entity that is not an entity of the United States Government.
"(2) Offensive cyber operation.--The term `offensive cyber operation' means any activity carried out in cyberspace, or any associated preparatory action, that affects an information system, network, or any other computer infrastructure that is not owned or lawfully operated by the entity carrying out the activity or action.".
(b) Clerical Amendment.--The table of contents of such Act is amended by adding at the end the following:
"Sec. 1115. Limitation on intelligence community support for offensive cyber operations conducted by nongovernmental entities.".
SEC. 611. 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.
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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, in such coordination with the Secretary of Defense as the Director considers appropriate, shall--
"(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 after the item relating to section 123 the following:
"Sec. 124. Biological intelligence activities of the intelligence community.".
SEC. 612. 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. 613. 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. 614. 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. 615.
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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 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. 616. 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. 617. 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
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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;
(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. 618. REQUIREMENTS RELATING TO INTELLIGENCE SHARING WITH
COUNTRIES OF SIGNIFICANT CONCERN 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 the government of a country of significant concern 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.
"(C) Country of significant concern to the united states defined.--In this subsection, the term `country of significant concern to the United States' means--
"(i) Israel;
"(ii) Ukraine;
"(iii) Taiwan; and
"(iv) any other country designated as such by the President.".
SEC. 619. 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.
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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 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.
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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 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.
(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.
(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, consult with the Civil Liberties Protection Officer of the Office of the Director of National Intelligence.
(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 assessing--
(i) the effectiveness of intelligence sharing under the pilot program;
(ii) the adequacy of safeguards for sources, methods, and privacy;
(iii) the scope of participation; and
(iv) whether the 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 require the disclosure of classified information to unauthorized persons; or
(3) to establish commercial, competition, or technology policy outside the purview of the intelligence community.
(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.
(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.
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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.
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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--
"(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.--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.
"(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.".
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.
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;
(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.
SEC. 707.
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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. PROLIFERATION ASSESSMENTS REGARDING ARTIFICIAL
INTELLIGENCE TECHNOLOGY.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the congressional intelligence committees; and
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) Controlled artificial intelligence technology.--The term "controlled artificial intelligence technology" means--
(A) any United States-origin model weights, semiconductors, and semiconductor manufacturing equipment as classified under Export Control Classification Number 3A090, 4A090, 4E091, 3B001, 3B002, or 3B994 of the Commerce Control List or corresponding entries in the Export Administration Regulation, as in effect on the day before the date of the enactment of this Act, or any subsequent revisions to the Commerce Control List as may be amended by the Bureau of Industry and Security; or
(B) any other related technology that the Director of National Intelligence, in coordination with the Director of the National Security Agency and the Director of the Central Intelligence Agency, determines could pose a potential risk to the national security of the United States if proliferated to adversaries of the United States.
(3) Export control terms.--The terms "export", "Export Administration Regulations", "in-country transfer", "reexport", and "United States person" have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(b) Statement of Policy.--It shall be the policy of the intelligence community to prioritize collection and analysis on the proliferation risks associated with controlled artificial intelligence technology acquisitions that could be exploited by adversaries of the United States.
(c) Requirement.--Not more than 90 days after the date of the enactment of this Act, not less frequently than once every 180 days thereafter, and not later than 30 days after any supplemental request by the congressional intelligence committees, the Director
of National Intelligence shall, acting through the National Intelligence Council and in coordination with the Director of the Central Intelligence Agency, the Assistant Secretary of State for Intelligence and Research, the Director of the National Security Agency, and the such heads of other elements of the intelligence community as the Director of National Intelligence considers appropriate, submit to the appropriate congressional committees a written assessment regarding the risks associated with the proliferation of controlled artificial intelligence technology to countries of proliferation concern.
(d) Substance.--Each report submitted under subsection (c) shall include the assessment of the intelligence community of the proliferation consequences for United States national security, including an assessment of--
(1) the acquiring country's export control system with respect to controlled artificial intelligence technology, including integrated circuits, integrated circuit design software, tools, and manufacturing equipment;
(2) information on any past, present, or expected interactions, including commercial ties and cooperation, between commercial entities or government entities in the acquiring country and other countries of proliferation concern, including the People's Republic of China and the Russian Federation;
(3) actual or suspected transfers of controlled artificial intelligence technology to such countries, including the People's Republic of China and the Russian Federation;
(4) the consequences that onward proliferation of United States controlled artificial intelligence technology from the acquiring country would have for United States efforts to both deny adversaries access to controlled artificial intelligence technology and maintain a significant competitive advantage in frontier artificial intelligence development, integrated design, and integrated manufacturing, especially relative to the progress of the People's Republic of China and the Russian Federation;
(5) the capacity of the intelligence community and United States commercial entities to have near real-time awareness of the any potential technology leakage or export violations by the acquiring country;
(6) potential measures that the intelligence community assesses could reasonably be taken by the acquiring country to mitigate both the proliferation concerns identified by the intelligence community and the consequences of any potential onward proliferation as detailed in paragraph (4);
(7) whether acquisition of controlled artificial intelligence technology would reinforce United States artificial intelligence dominance;
(8) the intended and likely end-uses, including military, intelligence, and domestic surveillance applications, and whether such uses are consistent with United States national security interests; and
(9) current and planned agreements and arrangements between the United States and the government of the acquiring country.
(e) Form.--Each report submitted under subsection (c) shall be submitted in unclassified form, but may include a classified annex.
SEC. 710.
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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 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. 711. 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 comply with 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).
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. IDENTIFICATION OF REALLOCABLE FREQUENCIES.
Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended--
(1) in subsection (h)(7)(A)--
(A) in clause (i), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and adjusting the margins accordingly;
(B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly;
(C) by striking "If any of the information" and inserting the following:
"(i) In general.--If a portion of the information"; and
(D) by adding at the end the following:
"(ii) Full classification.--
"(I) In general.--Notwithstanding paragraphs (5) and (6), if the classification of information required to be included in the transition plan of a Federal entity prohibits even the public release of a redacted transition plan, as determined by the head of the Federal entity, the Federal entity shall--
"(aa) notify the NTIA that the entire transition plan must be classified and that even a redacted version cannot be made public; and
"(bb) classify the transition plan in accordance with the levels of materials contained in the transition plan.
"(II) Rule of construction.--Nothing in subclause (I) may be construed as relieving a Federal entity from the requirement under paragraph (1) to submit to the NTIA and to the Technical Panel established by paragraph (3) a transition plan for the implementation by such entity of the applicable relocation or sharing arrangement."; and
(2) in subsection (l)--
(A) by striking "For purposes of" and inserting the following:
"(1) In general.--For purposes of"; and
(B) by adding at the end the following:
"(2) Elements of the intelligence community.--Notwithstanding paragraph (1) or any other provision of this part, each element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) shall be considered a Federal entity and shall be eligible to receive payment from the Spectrum Relocation Fund for any auction-related relocation or sharing costs incurred by the element regardless of the existence of a Government station license.".
SEC. 803.
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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, shall provide intelligence and analytic support to the U.S. International Development Finance Corporation to 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. 804. ESTABLISHING PROCESSES AND PROCEDURES FOR
PROTECTING FEDERAL RESERVE INFORMATION.
(a) In General.--The Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, and in consultation with the relevant heads of the elements of the intelligence community, as determined by the Directors, shall--
(1) brief the Board of Governors of the Federal Reserve System on foreign threats to the Federal Reserve System; and
(2) work with the Chair of the Board of Governors of the Federal Reserve System to create and implement standardized security and classification measures for protecting information collected, generated, and stored by the Federal Reserve System.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Chair of the Board of Governors of the Federal Reserve System shall jointly submit to the appropriate congressional committees a report detailing the status of implementing the security measures described in subsection (a).
(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on the Judiciary and the Committee on Financial Services of the House of Representatives.
SEC. 805. OFFENSES INVOLVING ESPIONAGE.
(a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following:
"Sec. 3302. Espionage offenses
"Notwithstanding any other provision of law, an indictment may be found or an information may be instituted at any time without limitation for a violation of section 794 or a conspiracy to violate such section.".
(b) Clerical Amendment.--The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following:
"3302. Espionage offenses.". (c) Applicability.--The amendment made by subsection (a)--(1) subject to paragraph (2) of this subsection, shall apply to an offense committed before, on, or after the date of enactment of this Act; and (2) shall not authorize the prosecution of any offense for which the applicable statute of limitations expired before the date of enactment of this Act. (d) Conforming Amendment.--Section 19 of the Internal Security Act of 1950 (18 U.S.C. 792 note; 64 Stat. 1005) is amended by striking ", 793, or 794" and inserting "or 793".
SEC. 806. PARENTAL BEREAVEMENT LEAVE.
Section 6329d(b)(1) of title 5, United States Code, is amended by inserting ", including any instance of the natural or spontaneous loss of an unborn child (as defined in section 1841(d) of title 18), such as through miscarriage, stillbirth, or a loss that occurs due to a medical intervention for a pregnancy emergency, such as the treatment of an ectopic pregnancy" after "of the employee".
SEC. 807. DEFINITION OF FOREIGN INSTRUMENTALITY FOR PURPOSES
OF ECONOMIC ESPIONAGE PROHIBITION.
Section 1839(1) of title 18, United States Code, is amended--
(1) by striking "that is substantially owned" and inserting the following: "that is--
"(A) substantially owned"; and
(2) by adding at the end the following: "or
"(B) domiciled in a covered nation, as defined in section 4872 of title 10;".
SEC. 808. PROTECTION OF TRADE SECRETS.
(a) Requiring Advantage to Foreign Entity or Injury to United States Under Economic Espionage Statute.--Section 1831(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking "benefit any foreign government, foreign instrumentality, or foreign agent" and inserting "provide any advantage to a foreign government, foreign instrumentality, or foreign agent, or injure or disadvantage in any way the United States, an instrumentality of the United States, or an agent of the United States".
(b) Extending Jurisdiction Over Economic Espionage and Trade Secret Offenses.--Section 1837 of title 18, United States Code, is amended--
(1) in paragraph (1), by striking "or" at the end;
(2) in paragraph (2), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
"(3) the victim is--
"(A) a natural person who is a citizen or permanent resident alien of the United States; or
"(B) a person, including an organization, headquartered or incorporated in the United States; or
"(4) an act committed in furtherance of the offense used or took place through--
"(A) communications in interstate or foreign commerce; or
"(B) financial infrastructure in the United States.".
(c) Criminalizing Unauthorized Transmission of Trade Secrets Outside the United States.--Section 1832 of title 18, United States Code, is amended by adding at the end the following:
"(c) Transmission of Trade Secrets Outside the United States.--
"(1) Offense.--It shall be unlawful for a person, knowing that prior authorization is required, without such authorization to knowingly--
"(A) transmit a trade secret outside the United States;
"(B) attempt to commit an offense described in subparagraph (A); or
"(C) conspire with one or more other persons to commit an offense described in subparagraph (A).
"(2) Penalties.--
"(A) In general.--Except as provided in subparagraph (B), any person who violates paragraph (1) shall be fined not more than $5,000,000, imprisoned not more than 5 years, or both.
"(B) Organizations.--Any organization that commits an offense described in paragraph (1) shall be fined not less than 3 times the value of the stolen trade secret to the victim, including expenses for research and design and other costs of reproducing the trade secret that the organization has thus avoided.".
(d) Criminalizing Inciting Economic Espionage and Theft of Trade Secrets.--Chapter 90 of title 18, United States Code, is amended--
(1) in section 1831, by adding at the end the following:
"(c) Incitement or Solicitation of Economic Espionage.--
"(1) In general.--It shall be unlawful for a person to solicit, command, induce, or otherwise endeavor to persuade another person to engage in an offense described in subsection (a).
"(2) Penalties.--Any person who violates paragraph (1) shall be fined under this title or imprisoned not more than 10 years, or both.
"(d) Rule of Construction.--Nothing in this section shall be construed to limit or abridge--
"(1) any right protected under the Constitution of the United States; or
"(2) any whistleblowing procedure under any Federal statute."; and
(2) in section 1832, as amended by subsection (c), by adding at the end the following:
"(d) Incitement or Solicitation of Theft of Trade Secrets.--
"(1) In general.--It shall be unlawful for a person to knowingly solicit, command, induce, or otherwise endeavor to persuade another person to engage in an offense described in subsection (a) or (c).
"(2) Penalties.--Any person who violates paragraph (1) shall be fined under this title or imprisoned not more than 10 years, or both.
"(e) Rule of Construction.--Nothing in this section shall be construed to limit or abridge--
"(1) any right protected under the Constitution of the United States; or
"(2) any whistleblowing procedure under any Federal statute.".
(e) Definition of Foreign Instrumentality for Purposes of Economic Espionage Prohibition.--Section 1839(1) of title 18, United States Code, is amended--
(1) by striking "that is substantially owned" and inserting the following: "that is--
"(A) substantially owned"; and
(2) by adding at the end the following: "or
"(B) domiciled in a covered nation, as defined in section 4872 of title 10, provided that, for purposes of this subparagraph, an organization, corporation, firm, or entity--
"(i) is domiciled in a covered nation only if it is organized under the laws of that nation or maintains its principal place of business in that nation; and
"(ii) shall not be considered domiciled in a covered nation solely because it conducts business operations, maintains offices or facilities, owns property, or has employees, subsidiaries, or affiliates in that nation, unless such subsidiaries or affiliates are substantially owned or controlled by that nation;".
SEC. 809. 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".
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SA 6374. Mr. KELLY (for himself, Mr. Warnock, and Ms. Warren) 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. NOTIFICATIONS TO CONGRESS OF ARRESTS OF MEMBERS OF
THE ARMED FORCES BY DEPARTMENT OF HOMELAND
SECURITY.
Not later than 24 hours after learning that a member of the Armed Forces, or a family member of such a member, has been detained by a component of the Department of Homeland Security, the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of the detention.
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SA 6375. Mr. KELLY (for himself 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:
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At the appropriate place, insert the following:
SEC. __. 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 waivers.--
"(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.".
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SA 6376. Mr. KELLY (for himself and Mr. Young) 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:
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At the appropriate place in title X, insert the following:
SEC. ___. SHIP AMERICAN.
(a) In General.--Chapter 553 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 55341. Establishment of Ship America Office
"(a) Establishment.--The Maritime Administrator shall establish within the Maritime Administration an office to be known as the `Ship America Office'. The Maritime Administrator shall appoint the head of the Ship America Office (in this section referred to as the `Ship America Associate Administrator').
"(b) Duties.--The Ship America Associate Administrator shall have the following duties:
"(1) Providing assistance to private sector entities, Federal financial assistance recipients, Federal agencies, Federal contractors, and owners and operators of oceangoing vessels of the United States to facilitate the movement of commercial and government cargo on vessels of the United States in international commerce.
"(2) Maximizing compliance across Federal agencies with this chapter, section 2631 of title 10, and any other cargo preference law of the United States.
"(3) Providing training and assistance to Federal employees, in all Federal agencies responsible for shipping preference cargo, on the legal obligations under this chapter, section 2631 of title 10, and any other cargo preference law of the United States.
"(4) Developing a `Ship America' verification program to develop self-certification industry standards, in partnership with private sector entities, to allow private sector entities to verifiably demonstrate that a product was transported to the United States aboard a vessel of the United States.
"(5) Supporting the efforts of the executive branch to develop and sustain a fleet of vessels of the United States and maritime industrial base to meet the sealift needs of Federal agencies.
"(6) Where practicable, making accessible, and regularly updating, the publicly available contact information for oceangoing vessels of the United States for the purposes of moving international commerce.
"(7) Publishing, and regularly updating, centralized information on the commercial benefits available to private sector entities for moving commercial cargo on oceangoing vessels of the United States.
"(8) Preparing the reports under subsection (c).
"(c) Reports Required.--Not later than 1 year after the date of enactment of this section, and biennially thereafter, the Maritime Administrator, acting through the Ship America Associate Administrator, shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on--
"(1) the opportunities and challenges faced by commercial entities to move cargo on oceangoing vessels of the United States; and
"(2) recommendations to increase international commerce moving on vessels of the United States.
"(d) Preventing Duplication.--
"(1) In general.--In establishing the Ship America Office, the Administrator shall ensure that the activities of the Office do not duplicate existing programs or activities of the Maritime Administration.
"(2) Integration.--To the maximum extent practicable, the Secretary shall transfer and integrate to the Ship America Office all functions described in subsection (b) that were being carried out by personnel and programs of the Maritime Administration on the day before the date of enactment of this section.".
(b) Goods Imported on Vessels of the United States.--Chapter 605 of title 46, United States Code, is amended--
(1) in section 60502(a)(1)--
(A) in the matter preceding subparagraph (A), by striking "the vessel";
(B) in subparagraph (A), by striking "is entitled" and all that follows through "imported in" and inserting the following: "the cost of importing goods aboard the vessel is comparable to or greater than the cost of importing goods aboard"; and
(C) in subparagraph (B)--
(i) by striking "(i) is owned" and inserting the following: "the vessel-- "
"(i) is owned"; and
(ii) by adjusting the margins of clause (ii) appropriately; and
(2) in section 60503(a), by inserting ", except for the duties imposed under section 60502 of this title," after "suspension of discriminating duties".
(c) Priority for Vessels of the United States.--Part D of subtitle V of title 46, United States Code, is amended by inserting after chapter 553 the following:
"CHAPTER 555--PRIORITY FOR VESSELS OF THE UNITED STATES
"Sec. "55501. Priority for vessels of the United States.
"Sec. 55501. Priority for vessels of the United States
"(a) In General.--The Secretary of Transportation may allow a vessel of the United States to be given priority at any port in the United States, ahead of a waiting vessel of a country that is a covered nation (as defined in section 4872(f)(2) of title 10)).
"(b) Exception.--Notwithstanding subsection (a), if the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Transportation, finds that it is in the national interest, the Secretary may waive the priority under this section at any port. The Secretary shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, by not later than 30 days after an action waiving priority under this section at a port.".
(d) Moving Cargo on Vessels of the United States.--
(1) Assessment required.--Not later than 180 days after the date of enactment of this Act, the Maritime Readiness Advisor, in consultation with the Secretary of Transportation, in consultation with the Secretary of State, the Secretary of Homeland Security, the Secretary of Commerce, the Chair of the Federal Maritime Commission, and the United States Trade Representative, shall--
(A) conduct an assessment that identifies authorities available under current Federal law, as of the date of such identification, that may be utilized to incentivize the movement of commercial cargo on vessels of the United States in international commerce;
(B) review methods for greater assurances of access, in crisis and conflict, to vessels of international allies and partners of the United States; and
(C) make recommendations to the President to utilize such authorities.
(2) Inclusions.--With respect to goods shipped directly to ports in the United States, the assessment required under paragraph (1) shall include an evaluation of--
(A) tax benefits for taxpayers who ship goods aboard vessels of the United States;
(B) modifications to import duties for goods imported or exported aboard vessels of the United States;
(C) privileges for vessels of the United States that enable vessels of the United States to provide improved service relative to other vessels in international commerce; and
(D) any other authorities that would incentivize the movement of goods aboard vessels of the United States.
(3) Report to congress.--Upon carrying out the assessment required under paragraph (1), the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives--
(A) a list of the recommendations made under paragraph (1)(C); and
(B) a list of additional actions that could be taken by Congress to further incentivize the movement of commercial cargo on vessels of the United States.
(e) Energizing American Shipbuilding.--
(1) National policy on strategic energy asset export transportation.--
(A) Requirement for transportation of exports of natural gas on vessels documented under laws of the united states.--
Section 3 of the Natural Gas Act (15 U.S.C.
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717b) is amended by adding at the end the following:
"(g) Transportation of Exports of Natural Gas on Vessels Documented Under Laws of the United States.--
"(1) Condition for approval.--Except as provided in paragraph (7), with respect to an application to export natural gas under subsection (a), the Commission shall include in the order issued for that application the condition that the person submitting the application transport the natural gas on a vessel that meets the requirements described in paragraph (3).
"(2) Purpose.--The purpose of the requirement under paragraph (1) is to ensure that, of all natural gas exported by vessel in a calendar year, the following percentage is exported by a vessel that meets the requirements described in paragraph (3):
"(A) In each of the 7 calendar years following the calendar year in which this subsection is enacted, not less than 2 percent.
"(B) In each of the 8th and 9th calendar years following the calendar year in which this subsection is enacted, not less than 3 percent.
"(C) In each of the 10th and 11th calendar years following the calendar year in which this subsection is enacted, not less than 4 percent.
"(D) In each of the 12th and 13th calendar years following the calendar year in which this subsection is enacted, not less than 6 percent.
"(E) In each of the 14th and 15th calendar years following the calendar year in which this subsection is enacted, not less than 7 percent.
"(F) In each of the 16th and 17th calendar years following the calendar year in which this subsection is enacted, not less than 9 percent.
"(G) In each of the 18th and 19th calendar years following the calendar year in which this subsection is enacted, not less than 11 percent.
"(H) In each of the 20th and 21st calendar years following the calendar year in which this subsection is enacted, not less than 13 percent.
"(I) In the 22nd calendar year after the calendar year in which this subsection is enacted and each calendar year thereafter, not less than 15 percent.
"(3) Requirements for vessels.--A vessel meets the requirements described in this paragraph--
"(A) with respect to each of the 5 calendar years following the calendar year in which this subsection is enacted--
"(i) if--
"(I) the vessel is documented under the laws of the United States; and
"(II) with respect to any retrofit work necessary for the vessel to export natural gas--
"(aa) such work is done in a shipyard in the United States; and
"(bb) any component of the vessel listed in paragraph (4) that is installed during the course of such work is manufactured in the United States; or
"(ii) if--
"(I) the vessel is built in the United States;
"(II) the vessel is documented under the laws of the United States;
"(III) all major components of the hull and superstructure of the vessel are manufactured (including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products) in the United States; and
"(IV) the components of the vessel listed in paragraph (4) are manufactured in the United States; and
"(B) with respect to the 6th calendar year following the calendar year in which this subsection is enacted, and each calendar year thereafter, if the vessel meets the requirements of subparagraph (A)(ii).
"(4) Components.--The components of a vessel listed in this paragraph are the following:
"(A) Air circuit breakers.
"(B) Welded shipboard anchor and mooring chain.
"(C) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping.
"(D) Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461.
"(E) Auxiliary equipment for shipboard services, including pumps.
"(F) Propulsion equipment, including engines, propulsion motors, reduction gears, and propellers.
"(G) Shipboard cranes.
"(H) Spreaders for shipboard cranes.
"(I) Rotating electrical equipment, including electrical alternators and motors.
"(J) Compressors, pumps, and heat exchangers used in managing and re-liquefying boil-off gas from liquefied natural gas.
"(5) Waiver authority.--The Commission may waive the requirement under clause (i)(II)(bb) or (ii)(IV), as applicable, of paragraph (3)(A) with respect to a component of a vessel if the Secretary of the department in which the Coast Guard is operating determines that--
"(A) application of the requirement would--
"(i) result in an increase of 25 percent or more in the cost of the component of the vessel; or
"(ii) cause unreasonable delays to be incurred in building or retrofitting the vessel; or
"(B) such component is not manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality.
"(6) Opportunities for credentialed merchant mariners.--Except as provided in paragraph (7), the Commission shall include, in any order issued under subsection (a) that authorizes a person to export natural gas, a condition that the person provide opportunities for individuals with a merchant mariner credential (as defined in section 2101 of title 46, United States Code) to receive experience and training necessary to become credentialed in working on a vessel transporting natural gas.
"(7) Exception.--The Commission may not include in any order issued under subsection (a) authorizing a person to export natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas a condition described in paragraph (1), or a condition described in paragraph (6), if the United States Trade Representative certifies to the Commission, in writing, that such condition would violate obligations of the United States under such free trade agreement.
"(8) Use of federal information.--In carrying out paragraph (1), the Commission--
"(A) shall use information made available by--
"(i) the Energy Information Administration; or
"(ii) any other Federal agency or entity the Commission determines appropriate; and
"(B) may use information made available by a private entity only if applicable information described in subparagraph (A) is not available.".
(B) Conforming amendment.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by striking "or the exportation of natural gas" and inserting "or, subject to subsection (g), the exportation of natural gas".
(2) Crude oil.--Section 101 of title I of division O of the Consolidated Appropriations Act, 2016 (42 U.S.C.
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6212a) is amended--
(A) in subsection (b), by striking "subsections (c) and (d)" and inserting "subsections (c), (d), and (e)"; and
(B) by adding at the end the following:
"(e) Transportation of Exports of Crude Oil on Vessels Documented Under Laws of the United States.--
"(1) In general.--Notwithstanding any other provision of law and except as provided in paragraph (6), as a condition to export crude oil, the President shall require that a person exporting crude oil transport the crude oil on a vessel that meets the requirements described in paragraph (3).
"(2) Purpose.--The purpose of the requirement under paragraph (1) is to ensure that, of all crude oil exported by vessel in a calendar year, the following percentage is exported by a vessel that meets the requirements described in paragraph (3):
"(A) In each of the 7 calendar years following the calendar year in which this subsection is enacted, not less than 3 percent.
"(B) In each of the 8th, 9th, and 10th calendar years following the calendar year in which this subsection is enacted, not less than 6 percent.
"(C) In each of the 11th, 12th, and 13th calendar years following the calendar year in which this subsection is enacted, not less than 8 percent.
"(D) In the 14th calendar year following the calendar year in which this subsection is enacted and each calendar year thereafter, not less than 10 percent.
"(3) Requirements for vessels.--A vessel meets the requirements described in this paragraph--
"(A) with respect to each of the 4 calendar years following the calendar year in which this subsection is enacted--
"(i) if--
"(I) the vessel is documented under the laws of the United States; and
"(II) with respect to any retrofit work necessary for the vessel to export crude oil--
"(aa) such work is done in a shipyard in the United States; and
"(bb) any component of the vessel listed in paragraph (4) that is installed during the course of such work is manufactured in the United States; or
"(ii) if--
"(I) the vessel is built in the United States;
"(II) the vessel is documented under the laws of the United States;
"(III) all major components of the hull and superstructure of the vessel are manufactured (including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products) in the United States; and
"(IV) the components of the vessel listed in paragraph (4) are manufactured in the United States; and
"(B) with respect to the 5th calendar year following the calendar year in which this subsection is enacted and each calendar year thereafter, if the vessel meets the requirements of subparagraph (A)(ii).
"(4) Components.--The components of a vessel listed in this paragraph are the following:
"(A) Air circuit breakers.
"(B) Welded shipboard anchor and mooring chain.
"(C) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping.
"(D) Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461.
"(E) Auxiliary equipment for shipboard services, including pumps.
"(F) Propulsion equipment, including engines, propulsion motors, reduction gears, and propellers.
"(G) Shipboard cranes.
"(H) Spreaders for shipboard cranes.
"(I) Rotating electrical equipment, including electrical alternators and motors.
"(5) Waiver authority.--The President may waive the requirement under clause (i)(II)(bb) or clause (ii)(IV), as applicable, of paragraph (3)(A) with respect to a component of a vessel if the Secretary of the department in which the Coast Guard is operating determines that--
"(A) application of the requirement would--
"(i) result in an increase of 25 percent or more in the cost of the component of the vessel; or
"(ii) cause unreasonable delays to be incurred in building or retrofitting the vessel; or
"(B) such component is not manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality.
"(6) Exception.--The President may not, under paragraph (1), condition the export of crude oil to a nation with which there is in effect a free trade agreement requiring national treatment for trade in crude oil if the United States Trade Representative certifies to the President, in writing, that such condition would violate obligations of the United States under such free trade agreement.
"(7) Opportunities for credentialed merchant mariners.--The Maritime Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, shall ensure that the owner or operator of a vessel documented under chapter 121 of title 46, United States Code, transporting crude oil provides opportunities for individuals with a merchant mariner credential (as defined in section 2101 of title 46, United States Code) to receive experience and training necessary to become credentialed in working on such vessels.
"(8) Use of federal information.--In carrying out paragraph (1), the President--
"(A) shall use information made available by--
"(i) the Energy Information Administration; or
"(ii) any other Federal agency or entity the Commission determines appropriate; and
"(B) may use information made available by a private entity only if applicable information described in subparagraph (A) is not available.".
(3) Energy information administration information.--The Secretary of Energy, acting through the Administrator of the Energy Information Administration (referred to in this section as the "Secretary"), shall collect, and make readily available to the public on the internet website of the Energy Information Administration, information on exports by vessel of natural gas and crude oil, including--
(A) forecasts for, and data on, those exports for the calendar year following the calendar year in which this Act is enacted and each calendar year thereafter; and
(B) forecasts for those exports for multi-year periods after the date of enactment of this Act, as determined appropriate by the Secretary.
(f) Importation of Chinese Goods on American Ships.--Chapter 605 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 60508. Importation of Chinese goods on American ships
"(a) In General.--Notwithstanding any other provision of law, beginning on the date that is 1 year after the date on which the final rule required under subsection (d) is published in the Federal Register, each shipper shall ensure that for each year, not less than the covered percentage applicable for that year, as described in subsection (b), of covered goods by tonnage imported into the United States by the shipper from a foreign port or place, excluding any port or place in North America, is imported on a vessel of the United States that is in compliance with the applicable requirements of section 8103 of this title.
"(b) Percentage.--The covered percentage under this section is the following:
"(1) One percent for the year that begins on the date that is 1 year after the date on which the final rule required under subsection (d) is published in the Federal Register.
"(2) Two percent for the year that begins on the date that is 2 years after the date on which such final rule is so published.
"(3) Three percent for the year that begins on the date that is 3 years after the date on which such final rule is so published.
"(4) Four percent for the year that begins on the date that is 4 years after the date on which such final rule is so published.
"(5) Five percent for the year that begins on the date that is 5 years after the date on which such final rule is so published.
"(6) Six percent for the year that begins on the date that is 6 years after the date on which such final rule is so published.
"(7) Seven percent for the year that begins on the date that is 7 years after the date on which such final rule is so published.
"(8) Eight percent for the year that begins on the date that is 8 years after the date on which such final rule is so published.
"(9) Nine percent for the year that begins on the date that is 9 years after the date on which such final rule is so published.
"(10) Ten percent--
"(A) for the year that begins on the date that is 10 years after the date on which such final rule is so published; and
"(B) for each year thereafter.
"(c) Fine for Failure to Comply.--
"(1) In general.--On an annual basis, the Maritime Administrator, in consultation with the Secretary of Homeland Security, shall issue a fine to any shipper failing to comply with the requirements under this section.
"(2) Amount.--The amount of a fine under this section shall be in an amount set by the Maritime Administrator, in consultation with the Secretary of Homeland Security, that is greater than the difference in cost between--
"(A) the cost of employing a vessel of the United States that is in compliance with the applicable requirements of section 8103 of this title; and
"(B) the cost of employing a foreign vessel that is registered under the laws of a country with an open registry.
"(3) Use of amounts.--Any amount collected under this subsection shall be deposited in the Maritime Security Trust Fund established under section 50301(b) of this title.
"(d) Rulemaking Required.--Not later than 4 years after the date of enactment of this section, the Maritime Administrator, in consultation with the Secretary of Homeland Security, shall promulgate a final rule that establishes a system that--
"(1) identifies persons and goods that are subject to the requirements of this section;
"(2) establishes requirements for such persons and goods that meet the applicable percentages established under subsection (b);
"(3) establishes clear enforcement mechanisms to ensure compliance with this section; and
"(4) determines the amount of a fine issued under subsection (c).
"(e) Authorization of Appropriations.--For each fiscal year, there is authorized to be appropriated, out of the Maritime Security Trust Fund established under section 50301(b) of this title, an amount sufficient to reimburse the Maritime Administrator for the costs incurred under this section, including administrative expenses.
"(f) Definitions.--In this section:
"(1) Country with an open registry.--The term `country with an open registry' means a country that allows vessels to be documented under the laws of the country, without regard to the citizenship of the owner of the vessel or the citizenship of the crew of the vessel.
"(2) Covered goods.--The term `covered goods' means goods manufactured in the People's Republic of China.
"(3) Shipper.--The term `shipper' has the meaning given such term in section 40102 of this title.".
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SA 6377. Mr. KELLY (for himself and Mr. Young) 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:
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At the appropriate place in title X, insert the following:
SEC. __. UNITED STATES GOVERNMENT CARGO.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) only the Maritime Administrator, acting in the Administrator's capacity as Director of the National Shipping Authority, has the authority to determine the non-availability of qualified capacity of vessels of the United States (referred to in this subsection as "qualified United States flag capacity") at fair and reasonable rates for commercial vessels of the United States to meet the requirements of section 55305 or 55314 of title 46, United States Code;
(2) the requirements of section 55305 or 55314 of title 46, United States Code, may only be waived temporarily by the President, the Secretary of Defense, the Secretary of State, or the Secretary of Transportation during a declared emergency justifying such a temporary waiver, following a determination by the Maritime Administrator, acting in the Maritime Administrator's capacity as Director of the National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States pursuant to section 55305(d) of title 46, United States Code; and
(3) nothing in title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) authorizes an agency to waive the requirements of section 55305 or 55314 of title 46, United States Code, without first obtaining--
(A) delegated authority from the President of the United States;
(B) an emergency declaration justifying such a temporary waiver, pursuant to section 55305(d) of title 46, United States Code; and
(C) a determination by the Maritime Administrator, acting in the Maritime Administrator's capacity as Director of the National Shipping Authority, on the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States pursuant to section 55305(d) of title 46, United States Code.
(b) Applicable Percentage.--
(1) In general.--Section 55305(a) of title 46, United States Code, is amended by striking "at least 50" and inserting "100".
(2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this Act.
(c) Waiver.--
(1) In general.--Section 55305(d)(1) of title 46, United States Code, is amended to read as follows:
"(1) Waiver authority.--
"(A) In general.--Notwithstanding any other provision of law, when the President, the Secretary of Defense, the Secretary of State, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314 of this title, the President, the Secretary of Defense, the Secretary of State, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator's capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314 of this title, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 of this title shall be authorized.
"(B) Interagency agreement for the determination of non-availability.--
"(i) In general.--Not later than 180 days after the date of enactment of the SHIPS for America Act of 2026, the Maritime Administrator shall facilitate an interagency agreement with the head of each agency subject to the requirements of subsection (a).
"(ii) Contents.--Each interagency agreement shall include--
"(I) an explanation of the process the agency shall follow to request a determination of non-availability by the Maritime Administrator under subparagraph (A);
"(II) a standard process that the Maritime Administrator shall follow for making such a determination of non-availability; and
"(III) deadlines--
"(aa) for when an agency shall submit a request for such a determination of non-availability prior to the transportation of equipment, materials, or commodities subject to subsection (a); and
"(bb) for when the Maritime Administrator shall make such a determination of non-availability after receiving a request for a temporary waiver under subparagraph (A).
"(iii) Congressional notification.--The Secretary of Transportation shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives--
"(I) when each interagency agreement required under this subparagraph is finalized; and
"(II) any time that an interagency agreement required under this subparagraph is updated.".
(2) Conforming amendments.--Section 55305(d) of title 46, United States Code, is amended--
(A) in paragraph (3)(B) by striking "or the Secretary of Defense" and inserting ", the Secretary of Defense, or the Secretary of State"; and
(B) in paragraph (4)(B)(i), by inserting "or the Secretary of State" after "the Secretary of Defense".
(d) Regulations and Guidance.--Not later than 1 year after the date of enactment of this Act, the Maritime Administrator, notwithstanding any other provision of law, regulation, or administrative order, shall--
(1) promulgate regulations under chapter 553 of title 46, United States Code, to fully implement and ensure compliance with sections 55305, 55314, 55315, and 55316 of such title;
(2) issue interagency guidance to other Federal departments and agencies on how to administer the programs that are subject to such sections in accordance with those sections, as applicable; and
(3) publish such guidance in the Federal Register and on the website of the Maritime Administration.
(e) Consultation.--The Administrator may consult with the Food Aid Consultative Group established by section 205 of the Food for Peace Act (7 U.S.C. 1725) in carrying out this section.
(f) Repeal of Earlier Regulatory Deadline.--Subsection (a) of section 3502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 55305 note; Public Law 117-263) is repealed.
(g) Audit Required.--Section 55301 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by striking "section 55305" and inserting "sections 55305, 55314, 55315, and 55316"; and
(2) by adding at the end the following:
"(d) Notification of Violation.--The Maritime Administrator shall--
"(1) upon receiving any credible information, as determined by the Administrator, that a shipment of a Federal department or agency covered by a report required under subsection (a) was not in compliance with the requirements of section 55305, 55314, 55315, or 55316 of this title (as applicable), notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 14 days after receiving such information; and
"(2) upon receiving any credible information, as determined by the Administrator, that a Federal department or agency that administers a program covered by a report required under subsection (a) was not in compliance with the requirements of section 2631 of title 10, United States Code, notify the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives not later than 14 days after receiving such information.".
(h) Financing the Transportation of Agricultural Products and Other Cargo.--Subchapter II of chapter 553 of title 46, United States Code, is amended by inserting after section 55315 the following:
"Sec. 55316. Financing the transportation of agricultural
products and other cargo
"(a) Financing of Increased Costs.--Subject to the availability of appropriations, the Secretary of Transportation shall finance any reasonable increased ocean freight costs, as assessed by the Maritime Administrator, incurred in any fiscal year by a covered agency that result from the application of section 55305 of this title, including the application of such section to the activities specified in section 55314(b) of this title.
"(b) Reimbursement of Increased Costs.--
"(1) In general.--The Secretary of Transportation shall reimburse a covered agency for the amount by which, in any fiscal year--
"(A) the total cost of ocean freight and ocean freight differential for which obligations are incurred by the covered agency under section 55305 of this title, including pursuant to the application of such section to the activities specified in section 55314(b) of this title; exceeds
"(B) 20 percent of the total value of the cargo, including agricultural products, transported under such section 55305, including pursuant to the application of such section to such activities, and the cost of the ocean freight and ocean freight differential, as assessed by the Maritime Administrator, on which obligations are incurred by the covered agency during that fiscal year.
"(2) Agricultural products shipped from inventory.--For purposes of this subsection, agricultural products shipped from the inventory of the Commodity Credit Corporation shall be valued as provided in section 412(d) of the Food for Peace Act (7 U.S.C.
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1736f(d)).
"(c) Interagency Agreement.--
"(1) In general.--Not later than 180 days after the date of enactment of the SHIPS for America Act of 2026, the Secretary of Transportation shall enter into an interagency agreement with the head of each covered agency.
"(2) Contents.--Each interagency agreement shall include--
"(A) an explanation of the process the covered agency shall follow to receive a reimbursement from the Secretary of Transportation under this section;
"(B) a standard methodology for calculating the reimbursement a covered agency is entitled to under this section; and
"(C) deadlines--
"(i) by which a covered agency shall submit a reimbursement request in order to receive reimbursement; and
"(ii) by which the Secretary of Transportation shall approve a properly filed reimbursement request, which date shall not be more than 90 days after the date on which the reimbursement request is submitted.
"(3) Congressional notification.--The Secretary of Transportation shall notify the appropriate committees of Congress--
"(A) when each interagency agreement required under this subsection is finalized; and
"(B) any time that an interagency agreement required under this subsection is updated.
"(d) Audit Required.--
"(1) In general.--For each fiscal year, the Inspector General of the Department of Transportation shall conduct an audit of all reimbursements made by the Secretary of Transportation under this section during such fiscal year to ensure all such reimbursements were made in accordance with the requirements of this section.
"(2) Documents required.--Each covered agency entitled to reimbursement under subsection (b) shall--
"(A) provide to the Inspector General any documents or other information requested by the Inspector General in order to complete the audit, including the information described in subparagraph (B); and
"(B) require any party that enters into a contract with such covered agency related to the implementation of section 55305 of this title, or any activities specified in section 55314(b) of this title, to provide the covered agency, as a condition for entering into such contract, with information relevant for the audit as determined by the Inspector General.
"(3) Report.--Not later than 90 days after the end of each fiscal year, the Inspector General shall submit a report detailing the findings of such audit with respect to such fiscal year to the appropriate committees of Congress and make the report publicly available.
"(e) Definitions.--In this section:
"(1) Agricultural product.--The term `agricultural product' has the meaning given the term in section 55314(c) of this title.
"(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) Covered agency.--The term `covered agency' means any agency that administers an activity specified in section 55314(b) of this title.".
(i) Applicability.--Section 55314 of title 46, United States Code, is amended--
(1) by inserting before subsection (b) the following:
"(a) Applicability.--The requirements under section 55305 of this title shall apply with respect to the activities specified in subsection (b).";
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking "Secretary of Agriculture or the Commodity Credit Corporation" and inserting "Federal Government";
(B) in paragraph (1), by striking "the Food for Peace Act (7 U.S.C. 1691 et seq.)" inserting "titles I, II, or III of the Food for Peace Act (7 U.S.C. 1701 et seq.)";
(C) in paragraph (4), by striking "agricultural commodities or their products" and inserting "agricultural products";
(D) in paragraph (5), by striking "agricultural commodities or their products" and inserting "agricultural products";
(E) in paragraph (6), by striking "agricultural commodities or their products" and inserting "agricultural products";
(F) in paragraph (7), by striking "agricultural commodities" and inserting "agricultural products";
(G) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (6), (7), (8), and (9), respectively; and
(H) by inserting after paragraph (3) the following:
"(4) carried out under the Food for Progress Act of 1985 (7 U.S.C. 1736o);
"(5) carried out under the McGovern-Dole International Food for Education and Child Nutrition Program under section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1);"; and
(3) by adding at the end the following:
"(c) Agricultural Product Defined.--In this section, the term `agricultural product' means any food product, including an agricultural commodity (as such term is defined in section 402 of the Food for Peace Act (7 U.S.C. 1732)), specialty crop (as such term is defined in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note)), or processed food product, exported from the United States.".
(j) Clarifying Amendments.--
(1) Agricultural commodities emergency assistance clarification.--Section 202(a) of the Food for Peace Act (7 U.S.C. 1722(a)) is amended by striking "Notwithstanding" and inserting "Subject to the requirements of sections 55305 and 55314 of title 46, United States Code, and notwithstanding".
(2) Administrative provisions clarification.--Section 407(b)(2)(A) of the Food for Peace Act (7 U.S.C. 1736a(b)(2)(A)) is amended by striking "Notwithstanding" and inserting "Subject to the requirements of sections 55305 and 55314 of title 46, United States Code, and notwithstanding".
______
SA 6378. Ms. CORTEZ MASTO 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:
Text printed in the Record (1,734 characters)
At the end of subtitle G of title X, add the following:
SEC. 1___. PROHIBITION ON FOREIGN ENTITIES ENTERING INTO
EVENT CONTRACTS INVOLVING NATIONAL DEFENSE
INFORMATION.
Section 5c of the Commodity Exchange Act (7 U.S.C. 7a-2) is amended by inserting after subsection (c) the following:
"(d) Prohibition on Foreign Entities Entering Into Event Contracts Involving National Defense Information.--
"(1) Definitions.--In this subsection:
"(A) Covered entity.--The term `covered entity' means an entity--
"(i) that makes available for clearing or trading any covered event contract; and
"(ii) a majority of the ownership interest of which is held by one or more non-United States persons.
"(B) Covered event contract.--The term `covered event contract' means an agreement, contract, transaction, or swap in an excluded commodity that is based upon an occurrence, extent of an occurrence, or contingency (other than a change in the price, rate, value, or levels of a commodity described in section 1a(19)(i)) involving national defense information described in section 793 of title 18, United States Code.
"(2) Requirement.--To be designated as a contract market or registered as a swap execution facility under this Act, a covered entity shall take such actions as are necessary to ensure that the covered entity does not enter into or offer to enter into any covered event contract with a United States person.
"(3) Suspension or revocation of registration.--A covered entity designated or registered as a contract market or swap execution facility under this Act that knowingly violates paragraph (2) shall be subject to suspension of registration or revocation as a registered entity in accordance with section 5e.".
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SA 6379. Ms. CORTEZ MASTO (for herself and Mr. Grassley) 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:
Text printed in the Record (530 characters)
At the appropriate place in subtitle G of title X, insert the following:
SEC. ___. EXPANSION OF UNITED STATES SECRET SERVICE
INVESTIGATIVE AUTHORITIES.
Section 3056(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking "or" after "871" and inserting ", or 1960" after "879"; and
(2) in paragraph (3)--
(A) by inserting "structured transactions," after "devices,";
(B) by striking "federally insured"; and
(C) by inserting ", as defined in section 5312 of title 31" after "institution".
______
SA 6380. Ms. CORTEZ MASTO 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:
Text printed in the Record (2,557 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. MONEY TRANSMITTING BUSINESS.
(a) In General.--Section 1960 of title 18, United States Code, is amended by striking subsections (a) and (b) and inserting the following:
"(a) Offense.--It shall be unlawful for any person to knowing conduct, control, manage, supervise, direct, or own all or part of a money transmitting business which affects interstate or foreign commerce in any manner or degree that--
"(1) is operated without an appropriate money transmitting license in a State where such operation is punishable as a misdemeanor or a felony under State law, whether or not the defendant knew that the operation was required to be licensed or that the operation was so punishable;
"(2) fails to comply with the money transmitting business registration requirements under section 5330 of title 31, United States Code, or regulations prescribed under such section, whether or not the defendant knew that the operation was required to comply with those registration requirements or that the operation was so punishable; or
"(3) otherwise involves the transportation or transmission of funds that are known to the defendant to have been derived from a criminal offense or are intended to be used to promote or support unlawful activity.
"(b) Criminal Penalty.--Any person who violates subsection (a) shall be--
"(1) fined in accordance with this title, imprisoned for not more than 10 years, or both;
"(2) in the case of an offense involving more than $1,000,000 during a 12-month period, or in which the defendant engaged in a transaction or transactions involving more than $1,000,000 during a 12-month period, fined double the amount provided in subsection (b)(3) or (c)(3) (as applicable) of section 3571, imprisoned for not more than 20 years, or both; or
"(3) in the case of an offense that was committed with the knowledge or belief that any funds transmitted would be used in furtherance of a Federal crime of terrorism, as defined in section 2332b(g)(5), fined under this title or imprisoned for any term of years or for life, or both.".
(b) Conforming Amendment.--Section 3056(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking "or" after "871" and inserting ", or 1960" after "879"; and
(2) in paragraph (3)--
(A) by inserting "money laundering, structured transactions," after "documents or devices,";
(B) by striking "federally insured"; and
(C) by inserting ", as defined in section 5312 of title 31" after "institution".
______
SA 6381. Ms. CORTEZ MASTO (for herself and Mr. Daines) 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:
Text printed in the Record (1,279 characters)
At the end of subtitle G of title X, add the following:
SEC. ___. INSTALLATION OF MECHANICAL INSULATION PROPERTY AS
AN ENERGY OR WATER EFFICIENCY MEASURE IN
FEDERAL BUILDINGS.
Section 543(f) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (E) through (H) as subparagraphs (F) through (I), respectively; and
(B) by inserting after subparagraph (D) the following:
"(E) Mechanical insulation property.--The term `mechanical insulation property' means insulation material, facing, or accessory product that--
"(i) is placed into service--
"(I) in connection with a mechanical system; and
"(II) in a manner that meets or exceeds the minimum requirements of Standard 90.1 of the American Society of Heating, Refrigerating and Air-Conditioning Engineers (as in effect on the date of enactment of the National Defense Authorization Act for Fiscal Year 2027); and
"(ii) results in a reduction in energy loss from the mechanical system."; and
(2) in paragraph (3)(A), by inserting ", including identification of energy- and water-saving measures (including the installation of mechanical insulation property, if applicable)," after "a comprehensive energy and water evaluation".
______
SA 6382. Ms. CORTEZ MASTO 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:
Text printed in the Record (4,535 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. CERTIFICATION PROGRAM FOR FACILITIES THAT
MANUFACTURE INTEGRATED CIRCUITS.
(a) Clean Fabrication Facilities Certification Program.--
(1) Certification.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce shall issue regulations requiring any facility located outside of a country subject to a comprehensive United States arms embargo that engages in the production of integrated circuits to attest, on an annual basis, that--
(A) the facility does not and will not use any semiconductor manufacturing equipment that was produced by an entity of concern; and
(B) if the facility does use semiconductor manufacturing equipment that was produced by an entity of concern, the facility will phase out the use of that equipment not later than 1 year after the submission of the certification.
(2) Compliance.--
(A) In general.--For the purpose of encouraging compliance with regulations issued pursuant to paragraph (1), the Secretary may issue regulations that require, for any facility that does not complete the certification requirements described in paragraph (1)--
(i) a license for the export, reexport, and in-country transfer of items subject to the jurisdiction of the United States to any such facility located outside of the United States; and
(ii) special authorization for any such facility that is located in the United States to engage in transactions that involve a country subject to a comprehensive United States arms embargo.
(B) Review policy.--In the regulations issued pursuant to subparagraph (A), the Secretary shall include a review policy for applications for licenses or special authorizations that--
(i) applies on a case-by-case basis; and
(ii) takes into account the national security risk associated with the facility continuing to use semiconductor manufacturing equipment produced by an entity of concern.
(C) Authorization to enforce compliance.--To implement the regulations issued pursuant to subparagraph (A), the Secretary may--
(i) update the foreign direct product rule to subject a foreign-produced item to the jurisdiction of the United States if the item--
(I) is the direct product of technology or software that is subject to the Export Administration Regulation; or
(II) is or contains the product of a complete plant or major component of a plant that is a direct product of an item, including technology or software, that is subject to the Export Administration Regulation; and
(ii) issue a new rule that regulates or restricts transactions between a United States persons and an entity of concern.
(3) Penalties.--
(A) Failure to certify.--A facility that fails to complete the certification required under paragraph (1) and that receives an item subject to the Export Administration Regulations shall be deemed to have committed a violation of section 1760 of the Export Control Reform Act of 2018 (50 U.S.C. 4819) and the penalties set forth in subsections (b) and (c) of that section shall apply to the same extent that such penalties apply to a person who commits a violation of that section.
(B) False certification.--Any person that knowingly submits a certification under paragraph (1) that contains a materially false statement or misrepresentation shall be deemed to have committed a violation of section 1760 of the Export Control Reform Act of 2018 (50 U.S.C. 4819) and the criminal penalties set forth in subsection (b) of that section shall apply to the same extent that such penalties apply to a person who commits a criminal violation of that section.
(b) Definitions.--In this section:
(1) The term "advanced semiconductor manufacturing equipment" means any semiconductor fabrication, assembly, test, or packaging equipment that enables the production of commercially available integrated circuits.
(2) The term "country subject to a comprehensive United States arms embargo" means Macau and any country listed in Country Group D:5 in Supplement No. 1 to part 740 of the Export Administration Regulations.
(3) The term "entity of concern" means an entity headquartered in, or the ultimate parent company of which is headquartered in, a country subject to a comprehensive United States arms embargo.
(4) The terms "export", "Export Administration Regulations", "in-country transfer", "reexport", and "United States person" have the meanings given such terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
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SA 6383. Mr. KELLY (for himself and Mr. Young) 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:
Text printed in the Record (4,401 characters)
At the appropriate place in title X, insert the following:
SEC. ___. MARITIME SECURITY TRUST FUND ESTABLISHED.
Section 50301 of title 46, United States Code, is amended--
(1) by striking the section heading and inserting "Funds established";
(2) in subsection (e)--
(A) in paragraph (2), by redesignating subparagraphs (A), (B), and (C), as clauses (i), (ii), and (iii), respectively, and adjusting the margins accordingly;
(B) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly;
(C) in subparagraph (A), as redesignated by subparagraph (B), by striking "paragraph (2)" and inserting "subparagraph (B)";
(D) in subparagraph (B), as redesignated by subparagraph (B), in the matter preceding clause (i), by striking "Paragraph (1)" and inserting "Subparagraph (A)"; and
(E) in subparagraph (C), as redesignated by subparagraph (B), by striking "Paragraph (1)" and inserting "Subparagraph (A)";
(3) in subsection (f), by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly;
(4) by redesignating subsections (b) through (g) as paragraphs (2) through (7), respectively, and adjusting the margins accordingly;
(5) in subsection (a), by striking "In General" and all that follows through "There is a" and inserting the following:
"(a) Vessel Operations Revolving Fund.--
"(1) In general.--There is a";
(6) in paragraph (4), by striking "subsection (a)" and inserting "paragraph (1)"; and
(7) by adding at the end the following:
"(b) Maritime Security Trust Fund.--
"(1) In general.--There is a `Maritime Security Trust Fund' for use in carrying out programs or activities associated with supporting the merchant marine of the United States and the maritime industrial base.
"(2) Transfer of amounts.--The Fund shall be credited with amounts equivalent to the receipts from each of the following:
"(A) The taxes received in the Treasury under--
"(i) section 60301 of this title (relating to regular tonnage taxes);
"(ii) section 60302 of this title (relating to special tonnage taxes); and
"(iii) section 60303 of this title (relating to light money).
"(B) The revenue collected from--
"(i) duties imposed under section 466 of the Tariff Act of 1930 (19 U.S.C. 1466) (relating to equipment and repair of vessels);
"(ii) duties, fees, or monetary penalties imposed by the United States Trade Representative under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) pursuant to the determination of the Trade Representative that the targeting of the maritime, logistics, and shipbuilding sectors for dominance by the People's Republic of China is unreasonable and burdens or restricts United States commerce, notice of which was published in the Federal Register on January 23, 2025 (90 Fed. Reg. 8089); and
"(iii) duties imposed under section 60502 of this title (relating to discriminating duty on goods imported in foreign vessels or from contiguous countries).
"(C) Any penalties paid with respect to a vessel pursuant to any of the following sections of this title:
"(i) Section 2017.
"(ii) Section 2302.
"(iii) Section 3318.
"(iv) Section 3718.
"(v) Section 4106.
"(vi) Section 5116.
"(vii) Section 11303.
"(viii) Section 11501.
"(ix) Section 12151.
"(x) Section 12507.
"(xi) Section 14701.
"(xii) Section 30707, with respect to the portion of the fine that goes to the United States Government under subsection (c) of such section.
"(xiii) Section 31309.
"(xiv) Section 31330.
"(xv) Section 41107.
"(xvi) Section 41108.
"(xvii) Section 42108.
"(xviii) Section 44104.
"(xix) Section 70052.
"(xx) Section 70119.
"(xxi) Section 70506.
"(xxii) Section 80509.
"(D) Any revenue generated in connection with the seizure and forfeiture of a maritime vessel under--
"(i) section 3 of the Act of August 5, 1935 (49 Stat. 518, chapter 438; 19 U.S.C. 1703);
"(ii) section 70052 of this title; and
"(iii) section 70507 of this title.
"(3) Total balance.--The total amount in the Maritime Security Trust Fund at any time shall not exceed $20,000,000,000.
"(4) Expenditures.--Amounts in the Maritime Security Trust Fund shall be available to meet those obligations of the United States heretofore and hereafter incurred which are authorized to be paid out of the Maritime Security Trust Fund.".
______
SA 6384. Ms. CORTEZ MASTO 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:
Text printed in the Record (9,413 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. DESIGNATION OF SOUTHERN PAIUTE WILDERNESS, NEVADA.
(a) Definitions.--In this section:
(1) Secretary.--The term "Secretary" means the Secretary of the Interior.
(2) State.--The term "State" means the State of Nevada.
(3) Wilderness area.--The term "wilderness area" means the wilderness area designated by subsection (b)(1).
(b) Addition to the National Wilderness Preservation System.--
(1) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as a component of the National Wilderness Preservation System the approximately 736,188 acres of Federal land managed by the Director of the United States Fish and Wildlife Service in Clark and Lincoln Counties, Nevada, to be known as the "Southern Paiute Wilderness".
(2) Boundary.--The boundary of any portion of the wilderness area that is bordered by a road shall be not less than 50 feet from the centerline of the road.
(3) Map and legal description.--
(A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area.
(B) Effect.--The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map or legal description.
(C) Availability.--The map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the United States Fish and Wildlife Service.
(4) Withdrawal.--Subject to valid existing rights, the wilderness area is withdrawn from--
(A) all forms of entry, appropriation, and disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing and geothermal leasing laws.
(c) Management.--Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
(2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
(d) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land within the boundary of the wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of, the wilderness area.
(e) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as the wilderness area--
(i) is within the Mojave Desert;
(ii) is arid in nature; and
(iii) includes ephemeral streams;
(B) the hydrology of the land designated as the wilderness area is predominantly characterized by complex flow patterns and alluvial fans with impermanent channels;
(C) the subsurface hydrogeology of the region in which the land designated as the wilderness area is located is characterized by--
(i) groundwater subject to local and regional flow gradients; and
(ii) unconfined and artesian conditions;
(D) the land designated as the wilderness area is generally not suitable for use or development of new water resource facilities; and
(E) because of the unique nature and hydrology of the desert land in the wilderness area, it is possible to provide for proper management and protection of the wilderness area and other values of land in ways different from ways used in other laws.
(2) Effect.--Nothing in this section--
(A) constitutes an express or implied reservation by the United States of any water or water rights with respect to the wilderness area;
(B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any future wilderness designations;
(D) affects the interpretation of, or any designation made under, any other Act; or
(E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States.
(3) State water law.--The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness area.
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the term "water resource facility" means an irrigation or pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission or other ancillary facility, and other water diversion, storage, or carriage structure.
(ii) Exclusion.--In this paragraph, the term "water resource facility" does not include a wildlife guzzler.
(B) Restriction on new water resource facilities.--Except as otherwise provided in this section, on and after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the wilderness area.
(f) Wildfire, Insects, and Disease.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in the wilderness area as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency).
(g) Data Collection.--Subject to such terms and conditions as the Secretary may prescribe, nothing in this section precludes the installation and maintenance of hydrologic, meteorological, or climatological collection devices in the wilderness area, if the Secretary determines that the devices and access to the devices are essential to flood warning, flood control, or water reservoir operation activities.
(h) Military Overflights.--Nothing in this section restricts or precludes--
(1) low-level overflights of military aircraft over the wilderness area, including military overflights that can be seen or heard within the wilderness area;
(2) flight testing or evaluation; or
(3) the designation or creation of new units of special use airspace or the establishment of military flight training routes, over the wilderness area.
(i) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness area.
(2) Management activities.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the wilderness area that are necessary to maintain or restore fish and wildlife populations and the habitats to support
the populations, if the activities are carried out--
(A) consistent with relevant wilderness management plans or comprehensive conservation plans; and
(B) in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) appropriate policies, including policies authorizing the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks.
(3) Existing activities.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the State may continue to use aircraft (including helicopters) to survey, capture, transplant, monitor, and provide water for wildlife populations.
(4) Wildlife water development projects.--Subject to subsection (e), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness area if--
(A) the structures and facilities would, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and
(B) the visual impacts of the structures and facilities on the wilderness area can reasonably be minimized.
(5) Hunting, fishing, and trapping.--
(A) In general.--The Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness area.
(B) Consultation.--Except in an emergency, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under subparagraph (A).
(j) Preservation of Public Access.--The area depicted as "Corn Creek / Alamo Road" on the map entitled "Desert National Wildlife Range Proposed Southern Paiute Wilderness Area" and dated September 7, 2023, shall be preserved for public access.
______
SA 6385. Ms. CORTEZ MASTO 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:
Text printed in the Record (472 characters)
At the end of subtitle G of title X, add the following:
SEC. _____. ENHANCED PENALTIES FOR CERTAIN CRIMES AGAINST
VETERANS.
Section 2326(2) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking "or" at the end;
(2) in subparagraph (B), by striking the comma and inserting "; or"; and
(3) by inserting after subparagraph (B) the following:
"(C) targeted veterans (as such term is defined in section 101 of title 38) of any age,".
______
SA 6386. Ms. CORTEZ MASTO 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:
Text printed in the Record (1,010 characters)
At the appropriate place, insert the following:
SEC. ___. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST
VETERANS.
(a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following:
"Sec. 1353. Fraud regarding veterans' benefits
"(a) Whoever knowingly executes, or attempts to execute,
any scheme or artifice to defraud an individual of veterans'
benefits, or in connection with obtaining veteran's benefits
for that individual, shall be fined under this title,
imprisoned for not more than 5 years, or both.
"(b) In this section--
"(1) the term `veteran' has the meaning given that term in
section 101 of title 38; and
"(2) the term `veterans' benefits' means any benefit
provided by Federal law for a veteran or a dependent or
survivor of a veteran.".
(b) Clerical Amendment.--The table of sections for chapter
63 of title 18, United States Code, is amended by adding at
the end the following: "1353. Fraud regarding veterans' benefits.".
______
SA 6387. Ms. CORTEZ MASTO (for herself and Mr. Rounds) 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:
Text printed in the Record (4,386 characters)
At the appropriate place, insert the following:
SEC. ___. TRIBAL COURTS AS COURTS OF COMPETENT JURISDICTION
UNDER STORED COMMUNICATIONS ACT.
(a) Definitions.--Section 2711 of title 18, United States Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking "or" at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following:
"(C) a Tribal court; or"; and
(D) in subparagraph (D), as so redesignated, by striking "and" at the end; and
(2) by striking paragraph (4) and inserting the following:
"(4) the term `governmental entity' means a department or agency of--
"(A) the United States;
"(B) any State or political subdivision thereof; or
"(C) any Indian Tribe or political subdivision thereof;
"(5) 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); and
"(6) the term `Tribal court' means a court of general criminal jurisdiction of an Indian Tribe authorized by the law of that Indian Tribe to issue search warrants.".
(b) Required Disclosure of Customer Communications or Records.--Section 2703 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking the first sentence and inserting the following:
"(1) In storage 180 days or less.--A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for 180 days or less, only pursuant to a warrant issued by a court of competent jurisdiction--
"(A) issued using the procedures described in the Federal Rules of Criminal Procedure;
"(B) in the case of a State court, issued using State warrant procedures;
"(C) in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President); or
"(D) in the case of a Tribal court, issued using warrant procedures that comply with section 202(a)(2) of Public Law 90-284 (commonly known as the `Indian Civil Rights Act of 1968') (25 U.S.C. 1302(a)(2)).
"(2) In storage more than 180 days.--"; and
(B) in paragraph (2), as so designated, by striking "one hundred and eighty days" and inserting "180 days";
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking "using the procedures described in the Federal Rules of Criminal Procedure" and all that follows through "prescribed by the President)" and inserting "in accordance with subsection (a)(1)"; and
(B) in subparagraph (B)(i), by striking "or State" each place it appears and inserting ", State, or Tribal"; and
(3) in subsection (c)--
(A) in paragraph (1)(A), by striking "using the procedures described in the Federal Rules of Criminal Procedure" and all that follows through "prescribed by the President)" and inserting "in accordance with subsection (a)(1)"; and
(B) in paragraph (2), in the undesignated matter following subparagraph (F), by striking "or State" each place it appears and inserting ", State, or Tribal".
(c) Delayed Notice.--Section 2705(a)(1)(B) of title 18, United States Code, is amended by striking "or State" each place it appears and inserting ", State, or Tribal".
(d) Civil Action.--Section 2707(g) of title 18, United States Code, is amended, in the second sentence, by inserting "Tribal," after "State,".
(e) Wrongful Disclosure of Video Tape Rental or Sale Records.--Section 2710 of title 18, United States Code, is amended--
(1) in subsection (b)(2)(C), by inserting after "an equivalent State warrant," the following: "a warrant issued by a Tribal court using warrant procedures that comply with section 202(a)(2) of Public Law 90-284 (commonly known as the `Indian Civil Rights Act of 1968') (25 U.S.C. 1302(a)(2)),"; and
(2) in subsection (d), by striking "a State, or a political subdivision of a State" and inserting "a State or a political subdivision thereof, or an Indian Tribe or a political subdivision thereof".
______
SA 6388. Ms. CORTEZ MASTO 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 E of title X, add the following:
Text printed in the Record (9,935 characters)
SEC. 1050. INNOVATIVE AND EMERGING BORDER TECHNOLOGY PLAN.
(a) Short Title.--This section may be cited as the "Emerging Innovative Border Technologies Act".
(b) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner for U.S. Customs and Border Protection (referred to in this section as "CBP") and the Under Secretary for Science and Technology of the Department of Homeland Security, and in consultation with the Department of Homeland Security's Chief Information Officer, Chief Procurement Officer, Privacy Officer, Officer for Civil Rights and Civil Liberties, and General Counsel, and any other relevant offices and components of the Department of Homeland Security, shall submit a plan to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives for identifying, integrating, and deploying new, innovative, disruptive, or other emerging or advanced technologies that are safe and secure to enhance CBP capabilities to meet its mission needs along international borders or at ports of entry.
(c) Contents.--The plan required under subsection (b) shall include--
(1) information regarding how CBP utilizes the CBP Innovation Team authority under subsection (c) and other mechanisms to carry out the purposes described in subsection (b);
(2) an assessment of the contributions directly attributable to such utilization;
(3) information regarding--
(A) the composition of each CBP Innovation Team; and
(B) how each CBP Innovation Team coordinates and integrates efforts with the CBP acquisition program office and other partners within CBP and the Department of Homeland Security;
(4) the identification of technologies used by other Federal departments or agencies not in use by CBP that could assist in enhancing mission needs along international borders or at ports of entry;
(5) an analysis of authorities available to CBP to procure technologies referred to in subsection (b);
(6) an assessment of whether additional or alternative authorities are needed to carry out the purposes described in subsection (b);
(7) an explanation of how CBP plans to scale existing programs related to emerging or advanced technologies that are safe and secure into programs of record;
(8) a description of each planned security-related technology program, including objectives, goals, and timelines for each such program;
(9) an assessment of the potential privacy, civil rights, civil liberties, and safety impacts of these technologies on individuals, and potential mitigation measures;
(10) an assessment of CBP legacy border technology programs that could be phased out and replaced with technologies referred to in subsection (b), including cost estimates relating to such phase out and replacement;
(11) information relating to how CBP is coordinating with the Department of Homeland Security's Science and Technology Directorate--
(A) to research and develop new, innovative, disruptive, or other emerging or advanced technologies that are safe and secure to carry out the purposes described in subsection (b);
(B) to identify new, innovative, disruptive, or other emerging or advanced technologies that are safe and secure and that are in development or have been deployed by the private and public sectors and may satisfy the mission needs of CBP, with or without adaptation;
(C) to incentivize the private sector to develop technologies, including privacy enhancing technologies, that may help CBP meet mission needs to enhance, or address capability gaps in, border security operations; and
(D) to identify and assess ways to increase opportunities for communication and collaboration with the private sector, small, and disadvantaged businesses, intra-governmental entities, university centers of excellence, and Federal laboratories to leverage emerging technology and research within the public and private sectors;
(12) information relating to how CBP is coordinating with the Department of Homeland Security official responsible for artificial intelligence policy to ensure the plan complies with the Department's policies and measures promoting responsible use of artificial intelligence;
(13) information regarding metrics and key performance parameters for evaluating the effectiveness of efforts to identify, integrate, and deploy new, innovative, disruptive, or other emerging or advanced technologies that are safe and secure to carry out the purposes described in subsection (b);
(14) the identification of recent technological advancements relating to--
(A) manned aircraft sensor, communication, and common operating picture technology;
(B) unmanned aerial systems and related technology, including counter-unmanned aerial system technology;
(C) surveillance technology, including--
(i) mobile surveillance vehicles;
(ii) associated electronics, including cameras, sensor technology, and radar;
(iii) tower-based surveillance technology;
(iv) advanced unattended surveillance sensors; and
(v) deployable, lighter-than-air, ground surveillance equipment;
(D) nonintrusive inspection technology, including non-X-ray devices utilizing muon tomography and other advanced detection technology;
(E) tunnel detection technology; and
(F) communications equipment, including--
(i) radios;
(ii) long-term evolution broadband; and
(iii) miniature satellites;
(15) information relating to how CBP is coordinating with the Department of Homeland Security's Chief Information Officer, Chief Technology Officer, Privacy Officer, Civil Rights and Civil Liberties Officer, General Counsel, and other relevant offices and components of the Department in researching, developing, acquiring, or scaling new, innovative, disruptive, or other emerging or advanced technologies that are safe and secure; and
(16) any other information the Secretary determines to be relevant.
(d) CBP Innovation Team Authority.--
(1) In general.--The Commissioner for CBP is authorized to maintain 1 or more CBP Innovation Teams to research and adapt commercial technologies that are new, innovative, disruptive, privacy enhancing, or otherwise emerging or advanced and may be used by CBP--
(A) to enhance mission needs along international borders and at ports of entry; and
(B) to assess potential outcomes, including any negative consequences, of the introduction of emerging or advanced technologies with respect to which documented capability gaps in border security operations are yet to be determined.
(2) Functions.--Each CBP Innovation Team shall--
(A) operate consistent with the Department of Homeland Security's and CBP's--
(i) procurement and acquisition management policy; and
(ii) policies pertaining to responsible use of artificial intelligence; and
(B) consult with the Officer for Civil Rights and Civil Liberties and the Privacy Officer of the Department of Homeland Security to ensure programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner.
(3) Operating procedures, planning, strategic goals.--The Commissioner for CBP shall require each CBP Innovation Team maintained pursuant to paragraph (1) to establish, in coordination with other appropriate offices of the Department of Homeland Security--
(A) operating procedures, which shall include--
(i) specificity regarding roles and responsibilities within each such team and with respect to Department of Homeland Security and non-Federal partners; and
(ii) protocols for entering into agreements to rapidly transition such technologies to existing or new programs of record to carry out the purposes described in subsection (a);
(B) planning and strategic goals for each such team that includes projected costs, time frames, metrics, and key performance parameters relating to the achievement of identified strategic goals, including a metric to measure the rate at which technologies described in subsection (a) are transitioned to existing or new programs of record in accordance with subparagraph (A); and
(C) operating procedures that ensure each such team is in compliance with all applicable laws, rules, and regulations and with the Department of Homeland Security's policies pertaining to procurement and acquisition management, privacy, civil rights and civil liberties, and the responsible use of artificial intelligence, including risk assessments and ongoing monitoring to ensure accuracy and reliability.
(4) Annual report.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Commissioner for CBP shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives information relating to the activities of the CBP Innovation Teams, including--
(A) copies of operating procedures and protocols required under paragraph (3)(A) and planning and strategic goals required under paragraph (3)(B);
(B) descriptions of the technologies piloted by each such team during the immediately preceding fiscal year, including--
(i) information regarding which such technologies are determined to have been successful; and
(ii) the identification of documented capability gaps that are being addressed; and
(C) information regarding the status of efforts to rapidly transition technologies determined successful to existing or new programs of record.
(e) Cost-Benefit.--Before initiating the large-scale deployment of any new technology contained in the plan required under
subsection (b), the Secretary of Homeland Security shall consider the costs and benefits to the Federal Government to ensure that the deployment of such technology will provide quantifiable improvements to border security.
______
SA 6389. Ms. CORTEZ MASTO (for herself and Mr. Daines) 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:
Text printed in the Record (2,863 characters)
At the end of subtitle G of title X, add the following:
SEC. 10__. ANNUAL HYDROPOWER LICENSING STATUS REPORT.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following:
"SEC. 37. ANNUAL LICENSING STATUS REPORT.
"(a) In General.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Commission shall submit to Congress a report on the status of--
"(1) the licensing process for each new license, and for each subsequent license for which sections 14 and 15 have been waived, for which the existing licensee has notified the Commission under section 15(b)(1) at least 3 years prior to submission of the report that the existing licensee intends to file an application for the new license or subsequent license, but the new license or subsequent license has not yet been issued under section 15; and
"(2) the licensing process for each original license under section 4(e) for which a citizen, association, corporation, State, Indian Tribe, or municipality has notified the Commission, pursuant to applicable regulations, at least 3 years prior to submission of the report that the citizen, association, corporation, State, Indian Tribe, or municipality intends to file an application for the original license, but the original license has not yet been issued under section 4(e).
"(b) Inclusions.--Each report submitted under subsection (a) shall include, with respect to the licensing process for each new license and subsequent license described in that subsection and the licensing process for each original license described in that subsection--
"(1) the date the notice of intent described in that subsection was provided to the Commission;
"(2) any docket number assigned with respect to the licensing process;
"(3) whether any application for the new license, subsequent license, or original license, as applicable, has been filed;
"(4) information regarding the status of the application, including the date the Commission anticipates the Commission will issue the original license, subsequent license, or new license, as applicable;
"(5) the date of any upcoming proceeding or other meeting relating to the original license, subsequent license, or new license, as applicable; and
"(6) a description of any ongoing or completed actions required of the existing licensee, citizen, association, corporation, State, Indian Tribe, municipality, Commission, any fish and wildlife agency referred to in section 15(b)(3), and any other applicable agency.
"(c) Disaggregation of Information by License Type.--The information included in each report submitted under subsection (a) shall be disaggregated by whether the information relates to a new license, or a subsequent license, issued under section 15 or an original license issued under section 4(e).".
______
SA 6390. Ms. CORTEZ MASTO 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:
Text printed in the Record (1,635 characters)
In section 1248, strike subsection (c) and insert the following
(a) Covered AI Chip Defined.--In this section, the term "covered AI chip" means any advanced integrated circuit, computer, or other product that--
(1)(A) is designed by or manufactured using technology originating in the United States, including items produced abroad using intellectual property, design software, or semiconductor manufacturing equipment originating in the United States; and
(B)(i) is classified or classifiable under Export Control Classification Number 3A090, 4A090, 5A002.z, related .z Export Control Classification Numbers, or any successor classification; or
(ii) is an item that is functionally equivalent to an item classified or classifiable as described in clause (i);
(2) an integrated circuit, computer, or other product that is--
(A) classified under Export Control Classification Number 3A090 or 4A090 or related Export Control Classification Numbers; or
(B) functionally equivalent or substantially similar to a circuit, computer, or product described in subparagraph (A); or
(3) an integrated circuit that has one or more digital processing units with--
(A) a total processing performance of 4,800 or more;
(B) a total processing performance of 2,400 or more and a performance density of 1.6 or more;
(C) a total processing performance of 1,600 or more and a performance density of 3.2 or more; or
(D) a total DRAM bandwidth of 1,400 gigabytes per second or more, interconnect bandwidth of 1,100 gigabytes per second or more, or a sum of DRAM bandwidth and interconnect bandwidth of 1,700 gigabytes per second or more.
______
SA 6391. Ms. CORTEZ MASTO 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:
Text printed in the Record (30 characters)
At the end, add the following:
DIVISION E--SOUTHERN NEVADA ECONOMIC DEVELOPMENT AND CONSERVATION ACT
Text printed in the Record (11,364 characters)
SEC. 5001. SHORT TITLE.
This division may be cited as the "Southern Nevada Economic Development and Conservation Act".
SEC. 5002. DEFINITIONS.
In this division:
(1) County.--The term "County" means Clark County, Nevada.
(2) Federal incidental take permit.--The term "Federal incidental take permit" means an incidental take permit issued under section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) to--
(A) the Nevada Department of Transportation;
(B) the County; or
(C) any of the following cities in the State:
(i) Las Vegas.
(ii) North Las Vegas.
(iii) Henderson.
(iv) Boulder City.
(v) Mesquite.
(3) Secretary.--The term "Secretary" means the Secretary of the Interior.
(4) Secretary concerned.--The term "Secretary concerned" means--
(A) the Secretary, with respect to Federal land managed by the Director of the Bureau of Land Management; and
(B) the Secretary of Agriculture, with respect to National Forest System land.
(5) State.--The term "State" means the State of Nevada.
SEC. 5101. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE MOAPA
BAND OF PAIUTES.
(a) Definition of Tribe.--In this section and section 5102, the term "Tribe" means the Moapa Band of Paiutes of the Moapa River Indian Reservation, Nevada.
(b) Transfer of Land.--
(1) In general.--Subject to valid existing rights, including existing rights-of-way for water and wastewater facilities and for electric generation, storage, transmission, distribution, and supporting facilities, all right, title, and interest of the United States in and to the land described in subsection (c) shall be--
(A) held in trust by the United States for the benefit of the Tribe; and
(B) part of the reservation of the Tribe.
(2) Certain transmission facilities.--
(A) In general.--The transfer of land under paragraph (1) shall be subject to the reservation to the United States of electric transmission corridor rights-of-way, which shall be administered by the Secretary under the laws applicable to such rights-of-way.
(B) Requirements.--The Secretary shall ensure that any payments after the date of enactment of this Act for the right-of-way under subparagraph (A) shall be--
(i) made for the benefit of the Tribe; and
(ii) transferred from the Secretary to the Tribe in a timely manner.
(c) Description of Land.--The land referred to in subsection (b)(1) is the approximately 44,950 acres of land administered by the Bureau of Land Management and the Bureau of Reclamation, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024.
(d) Survey.--Not later than 60 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (b)(1).
(e) Gaming.--Land taken into trust under this section shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
(f) Water Rights.--
(1) In general.--There shall not be Federal reserved rights to surface water or groundwater for any land taken into trust by the United States for the benefit of the Tribe under subsection (b)(1).
(2) State water rights.--The Tribe shall retain any right or claim to water under State law for any land taken into trust by the United States for the benefit of the Tribe under subsection (b)(1).
SEC. 5102. TRIBAL FEE LAND TO BE HELD IN TRUST.
(a) In General.--All right, title, and interest of the Tribe in and to the land described in subsection (b) shall be--
(1) held in trust by the United States for the benefit of the Tribe; and
(2) part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in subsection (a) is the approximately 196 acres of land held in fee by the Tribe, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024.
(c) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey to establish the boundaries of the land taken into trust under subsection (a).
SEC. 5103. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE LAS
VEGAS PAIUTE TRIBE.
(a) Definition.--In this section, the term "Tribe" means the Las Vegas Paiute Tribe.
(b) Transfer of Land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (c) shall be--
(1) held in trust by the United States for the benefit of the Tribe; and
(2) part of the reservation of the Tribe.
(c) Description of Land.--The land referred to in subsection (b) is the approximately 3,156 acres of land administered by the Bureau of Land Management, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024.
(d) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey to establish the boundaries of the land taken into trust under subsection (b).
(e) Renewable Energy Transmission Corridor.--As a condition of the transfer of land under subsection (b), not later than 30 days after the date on which the land is taken into trust by the United States for the benefit of the Tribe under subsection (b), a 300-foot-wide right-of-way (as generally depicted on the map described in subsection (c)) shall be granted by the Tribe to a qualified electric utility for the construction and maintenance of high-voltage transmission facilities consistent with existing renewable energy transmission agreements between the Tribe and the qualified electric utility on the Snow Mountain Reservation.
(f) Gaming.--Land taken into trust under this section shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
(g) Water Rights.--
(1) In general.--Nothing in this section affirms or denies Federal reserved rights to surface water or groundwater for any land taken into trust by the United States for the benefit of the Tribe under subsection (b).
(2) State water rights.--The Tribe shall retain any right or claim to water under State law for any land taken into trust by the United States for the benefit of the Tribe under subsection (b).
(h) Intergovernmental Agreement.--Nothing in this section affects the implementation of the March 2021 Intergovernmental Agreement between the Las Vegas Paiute Tribe and the City of Las Vegas.
(i) Conforming Amendment.--Section 3092 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3870) is amended by striking subsection (d).
SEC. 5201. DEFINITION OF PUBLIC PARK UNDER THE RED ROCK
CANYON NATIONAL CONSERVATION AREA PROTECTION
AND ENHANCEMENT ACT OF 2002.
Section 102 of the Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002 (16 U.S.C. 460ccc-4 note; Public Law 107-282) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively;
(2) by inserting before paragraph (2) (as so redesignated) the following:
"(1) Associated supportive use.--The term `associated supportive use' means a use that supports the overall function and enjoyment of a public park."; and
(3) by inserting after paragraph (2) (as so redesignated) the following:
"(3) Public park.--The term `public park' includes land developed or managed by a partnership between Clark County, Nevada, and a private entity for recreational uses and associated supportive uses, including uses that require a fee for admittance or use of property within the public park.".
SEC. 5202. RED ROCK CANYON NATIONAL CONSERVATION AREA
BOUNDARY ADJUSTMENT.
Section 3(a) of the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)) is amended by striking paragraph (2) and inserting the following:
"(2) The conservation area shall consist of approximately 253,950 acres of land, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024.".
SEC. 5203. LAND DISPOSAL AND PUBLIC PURPOSE CONVEYANCES.
(a) Land Disposal.--
(1) In general.--Section 4(a) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2344; 116 Stat. 2007; 127 Stat. 3872) is amended, in the first sentence, by striking "September 17, 2012." and inserting "November 14, 2024. The Secretary and Clark County shall jointly nominate not more than 25,000 acres from land depicted on the map as `Proposed Expanded Las Vegas Disposal Boundary' for addition to the disposal boundary.".
(2) Sand and gravel.--For purposes of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2343) or the Clark County Conservation of Public Land and Natural Resources Act of 2002 (Public Law 107-282; 116 Stat. 1994), the Secretary may authorize any of the following:
(A) The movement of common varieties of sand and gravel on a surface estate acquired under the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2343) or the Clark County Conservation of Public Land and Natural Resources Act of 2002 (Public Law 107-282; 116 Stat. 1994) by the owner of the surface estate for purposes including recontouring or balancing the surface estate or filling utility trenches on the surface estate.
(B) The disposal of sand or gravel described in subparagraph (A) at an off-site landfill.
(b) Recreation and Public Purpose Act Conveyances.--Not later than 180 days after the date of enactment of this Act, the Secretary shall offer to enter into an agreement with the County under which the County is authorized to implement immediate management modifications necessary to protect and improve public health and safety on Federal land conveyed to the County under the authority of the Act of June 14, 1926 (commonly known as the "Recreation and Public Purposes Act") (43 U.S.C. 869 et seq.), for public safety facilities (including flood control and water management facilities), parks, and educational facilities, without requiring approval of the Secretary, consistent with the requirements of that Act.
(c) Use of Public-Private Partnerships by Units of Local Government for Affordable Housing.--Section 7(b) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2349) is amended--
(1) in the first sentence, by striking "The Secretary" and inserting the following:
"(1) In general.--The Secretary"; and
(2) by adding the following:
"(2) Review prioritization.--If a local governmental entity submits an application to use land for affordable housing purposes under this subsection, the Secretary shall prioritize review of the application over other pending land disposal applications under this Act.
"(3) Deadline.--The Secretary (and the Secretary of Housing and Urban Development, if applicable) shall complete all necessary reviews of an application submitted under this subsection not later than 180 days after the date of submission of the application, consistent with any applicable laws.".
SEC. 5204.
Text printed in the Record (11,609 characters)
REVOCATION OF IVANPAH AREA OF CRITICAL
ENVIRONMENTAL CONCERN AND ESTABLISHMENT OF
SPECIAL MANAGEMENT AREAS.
(a) Revocation of Ivanpah Area of Critical Environmental Concern.--Any portion of the designation by the Bureau of Land Management of the Ivanpah Area of Critical Environmental Concern in the State dated February 14, 2014, not included within a Special Management Area designated by subsection (b) is revoked.
(b) Establishment of Special Management Areas.--The following areas in the County are designated as special management areas:
(1) Stump springs special management area.--Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 140,976 acres, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, which shall be known as the "Stump Springs Special Management Area".
(2) Bird springs valley special management area.--Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 39,327 acres, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, which shall be known as the "Bird Springs Valley Special Management Area".
(3) Desert tortoise protective corridor special management area.--Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 45,881 acres, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, which shall be known as the "Desert Tortoise Protective Corridor Special Management Area".
(4) Jean lake special management area.--Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 2,645 acres, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, which shall be known as the "Jean Lake Special Management Area".
(5) Gale hills special management area.--Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 16,355 acres, as generally depicted on the map entitled
"Southern Nevada Land Management" and dated November 14, 2024, which shall be known as the "Gale Hills Special Management Area".
(6) California wash special management area.--Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 10,120 acres, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, which shall be known as the "California Wash Special Management Area".
(7) Bitter springs special management area.--Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 61,813 acres, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, which shall be known as the "Bitter Springs Special Management Area".
(8) Muddy mountains special management area.--Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 33,430 acres, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, which shall be known as the "Muddy Mountains Special Management Area".
(9) Mesa milkvetch special management area.--Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 8,417 acres, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, which shall be known as the "Mesa Milkvetch Special Management Area".
(c) Purposes.--The purposes of a special management area designated by subsection (b) (referred to in this section as a "Special Management Area") are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife (including wildlife referred to in the Clark County Multiple Species Habitat Conservation Plan), educational, and scenic resources of the Special Management Area.
(d) Management of Special Management Areas.--
(1) In general.--The Secretary shall manage each Special Management Area--
(A) in a manner that--
(i) conserves, protects, and enhances the purposes for which the Special Management Area is established; and
(ii) ensures protection of species covered by the Clark County Multiple Species Habitat Conservation Plan and Federal incidental take permit; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) any other applicable law.
(2) Uses.--The Secretary shall allow only uses of a Special Management Area that are consistent with the purposes for which the Special Management Area is established.
(3) Motorized vehicles; new roads.--
(A) Motorized vehicles.--Except as needed for emergency response or administrative purposes, the use of motorized vehicles in the Special Management Areas shall be permitted only on roads and motorized routes designated for the use of motorized vehicles in the management plan developed under subsection (h).
(B) New roads.--No new permanent or temporary roads or other motorized vehicle routes shall be constructed within the Special Management Areas after the date of enactment of this Act.
(e) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of each Special Management Area.
(2) Effect.--A map or legal description filed under paragraph (1) shall have the same force and effect as if included in this division.
(3) Corrections.--The Secretary, in consultation and coordination with the County, may correct minor errors in a map or legal description filed under paragraph (1).
(4) Public availability.--A copy of each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(f) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land that is acquired by the United States within a Special Management Area shall--
(1) become part of the Special Management Area in which the acquired land or interest in land is located;
(2) be withdrawn in accordance with subsection (g); and
(3) be managed in accordance with subsection (d).
(g) Withdrawal.--Subject to valid existing rights, all Federal land within a Special Management Area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(h) Management Plan.--As soon as practicable, but not later than 1 year, after the date on which the County is issued an amended Federal incidental take permit under section 5205, the Secretary, in consultation and coordination with the County, shall--
(1) develop a comprehensive management plan for the long-term protection and management of the Special Management Areas; and
(2) amend the applicable resource management plan to incorporate the provisions of the management plan for the Special Management Areas developed under paragraph (1).
(i) Transportation and Utility Corridors.--
(1) In general.--Consistent with this subsection, the management plan for the Special Management Areas developed under subsection (h) shall establish provisions, including avoidance, minimization, and mitigation measures, for ongoing maintenance of public utility and other rights-of-way in existing designated transportation and utility corridors within a Special Management Area.
(2) Effect.--Nothing in this section--
(A) affects the existence, use, operation, maintenance, repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation improvement funding, removal, or replacement of any utility facility or appurtenant right-of-way within an existing designated transportation and utility corridor within a Special Management Area;
(B) precludes the Secretary from authorizing the establishment of a new or the renewal or expansion of an existing utility facility right-of-way within an existing designated transportation and utility corridor within a Special Management Area, including the potential realignment of a corridor numbered 224-225 established under section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926) through the Stump Springs Management Area--
(i) in accordance with--
(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions as the Secretary determines to be appropriate; or
(C) prohibits access to, or the repair or replacement of, a transmission line within a right-of-way within a Special Management Area issued before the date of enactment of this Act.
(j) Effect.--Nothing in this section prevents or interferes with--
(1) the construction or operation of the Ivanpah Valley Airport authorized under the Ivanpah Valley Airport Public Lands Transfer Act (Public Law 106-362; 114 Stat. 1404); or
(2) the Airport Environs Overlay District authorized under section 501(c) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (Public Law 107-282; 116 Stat. 2008) and section 3092(i) of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3875).
SEC. 5205. RELATIONSHIP TO THE CLARK COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN.
(a) Extension of Habitat Conservation Plan.--On receipt from the County of a complete application for an amendment to the applicable Federal incidental take permit, as required by sections 17.22(b)(1) and 17.32(b)(1) of title 50, Code of Federal Regulations (or successor regulations), and an amended Clark County Multiple Species Habitat Conservation Plan which incorporates the Special Management Areas established by section 5204(b) and the provisions of the management plan required under section 5204(h), the Secretary shall, in accordance with this division, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and any other applicable Federal environmental laws--
(1) credit approximately 358,954 acres of the land conserved and designated as Special Management Areas under section 5204(b), as depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, as mitigation to fully or partially offset, as determined by the Secretary using the best available scientific and commercial information, additional incidental take impacts resulting from development of additional land within the County covered under the existing Clark County Multiple Species Habitat Conservation Plan or to be covered through an amendment to the Clark County Multiple Species Habitat Conservation Plan and Federal incidental take permit; and
(2) extend the Clark County Multiple Species Habitat Conservation Plan and Federal incidental take permit for the maximum authorized duration, as determined by the Secretary.
(b) Effect.--Nothing in this division otherwise limits, alters, modifies, or amends the Clark County Multiple Species Habitat Conservation Plan.
SEC. 5206.
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DESIGNATION OF MAUDE FRAZIER MOUNTAIN.
(a) In General.--The peak of Frenchman Mountain in the State located at latitude 3610031'45" N, by longitude 11459031'52" W, shall be designated as "Maude Frazier Mountain".
(b) References.--Any reference in a law, map, regulation, document, record, or other paper of the United States to the peak described in subsection (a) shall be considered to be a reference to "Maude Frazier Mountain".
SEC. 5207. AVAILABILITY OF SPECIAL ACCOUNT.
Section 4(e)(3)(A)(ii) of the Southern Nevada Public Land Management Act of 1998
(Public Law 105-263; 112 Stat. 2346; 120 Stat. 3045) is amended by striking "the Great Basin National Park, and other areas" and inserting "the Great Basin National Park, the Tule Springs Fossil Bed National Monument, and other areas".
SEC. 5208. NEVADA CANCER INSTITUTE LAND CONVEYANCE.
Section 2603(a)(3) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1118) is amended by inserting ", or any successors in interest" before the period at the end.
SEC. 5209. SLOAN CANYON NATIONAL CONSERVATION AREA BOUNDARY
ADJUSTMENT.
(a) Definitions.--In this section:
(1) Conservation area.--The term "Conservation Area" means the Sloan Canyon National Conservation Area.
(2) Secretary.--The term "Secretary" means the Secretary (acting through the Director of the Bureau of Land Management).
(b) Boundary Adjustment.--
(1) Map.--Section 603(4) of the Sloan Canyon National Conservation Area Act (16 U.S.C. 460qqq-1(4)) is amended by striking "map entitled `Southern Nevada Public Land Management Act' and dated October 1, 2002" and inserting "map entitled `Proposed Sloan Canyon Expansion' and dated May 20, 2024".
(2) Acreage.--Section 604(b) of the Sloan Canyon National Conservation Area Act (16 U.S.C. 460qqq-2(b)) is amended by striking "48,438" and inserting "57,728".
(c) Right-of-Way.--Section 605 of the Sloan Canyon National Conservation Area Act (16 U.S.C. 460qqq-3) is amended by adding at the end the following:
"(h) Horizon Lateral Pipeline Right-of-Way.--
"(1) In general.--Notwithstanding sections 202 and 503 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1763) and subject to valid existing rights and paragraph (3), the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this subsection as the `Secretary'), shall, not later than 1 year after the date of enactment of this subsection, grant to the Southern Nevada Water Authority (referred to in this subsection as the `Authority'), not subject to the payment of rents or other charges, the temporary and permanent water pipeline infrastructure, and outside the boundaries of the Conservation Area, powerline, facility, and access road rights-of-way depicted on the map for the purposes of--
"(A) performing geotechnical investigations within the rights-of-way; and
"(B) constructing and operating water transmission and related facilities.
"(2) Excavation and disposal.--
"(A) In general.--The Authority may, without consideration, excavate and use or dispose of sand, gravel, minerals, or other materials from the tunneling of the water pipeline necessary to fulfill the purpose of the rights-of-way granted under paragraph (1).
"(B) Memorandum of understanding.--Not later than 30 days after the date on which the rights-of-way are granted under paragraph (1), the Secretary and the Authority shall enter into a memorandum of understanding identifying Federal land on which the Authority may dispose of materials under subparagraph (A) to further the interests of the Bureau of Land Management.
"(3) Requirements.--A right-of-way issued under this subsection shall be subject to the following requirements:
"(A) The Secretary may include reasonable terms and conditions, consistent with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765), as are necessary to protect Conservation Area resources.
"(B) Construction of the water pipeline shall not permanently adversely affect conservation area surface resources.
"(C) The right-of-way shall not be located through or under any area designated as wilderness.".
(d) Preservation of Transmission and Utility Corridors and Rights-of-Way.--The expansion of the Conservation Area boundary under the amendment made by subsection (b)--
(1) shall be subject to valid existing rights, including land within a designated utility transmission corridor or a transmission line right-of-way grant approved by the Secretary in a record of decision issued before the date of enactment of this Act; and
(2) shall not preclude--
(A) any activity authorized in accordance with a designated corridor or right-of-way referred to in paragraph (1), including the operation, maintenance, repair, or replacement of any authorized utility facility within the corridor or right-of-way; or
(B) the Secretary from authorizing the establishment of a new utility facility right-of-way within an existing designated transportation and utility corridor referred to in paragraph (1)--
(i) in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws; and
(ii) subject to such terms and conditions as the Secretary determines to be appropriate.
(e) Management of the Conservation Area.--Except as provided in the amendment made by subsection (c), nothing in this section or the amendments made by this section shall modify the management of the Conservation Area pursuant to section 605 of the Sloan Canyon National Conservation Area Act (16 U.S.C. 460qqq-3).
SEC. 5210. CLARK COUNTY CONVEYANCE.
(a) Definition of Job Creation Zone.--In this section, the term "Job Creation Zone" means the approximately 350 acres of Federal land located in Sloan, Nevada, and identified as "Clark County Job Creation Zone" on the map entitled "Southern Nevada Land Management" and dated November 14, 2024.
(b) Clark County Conveyance.--
(1) Conveyance.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), on request of the County, the Secretary shall, without consideration and subject to all valid existing rights, convey to the County all right, title, and interest of the United States in and to the Job Creation Zone, except as otherwise provided in this subsection.
(2) Use of land for nonresidential development.--
(A) In general.--After the date of the conveyance to the County under paragraph (1), the County may sell, lease, or otherwise convey any portion or portions of the Job Creation Zone for purposes of nonresidential development, subject to subparagraphs (B) and (C).
(B) Fair market value.--Any sale, lease, or other conveyance of land under subparagraph (A) shall be for not less than fair market value.
(C) Disposition of proceeds.--The gross proceeds from the sale, lease, or other conveyance of land under subparagraph (A) shall be distributed in accordance with section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2345).
(3) Use of land for recreation or other public purposes.--The County may elect to retain parcels in the Job Creation Zone for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the "Recreation and Public Purposes Act") (43 U.S.C. 869 et seq.), by providing to the Secretary written notice of the election.
(4) Noise compatibility requirements.--The County shall--
(A) plan and manage the Job Creation Zone in accordance with section 47504 of title 49, United States Code, and regulations promulgated in accordance with that section; and
(B) agree that if any land in the Job Creation Zone is sold, leased, or otherwise conveyed by the County, the sale, lease, or conveyance shall contain a limitation to require uses compatible with airport noise compatibility planning.
(5) Reversion.--
(A) In general.--If any parcel of land within the Job Creation Zone is not conveyed for nonresidential development under this section or reserved for recreation or other public purposes under paragraph (3) by the date that is 30 years after the date of enactment of this Act, the parcel of land shall, at the discretion of the Secretary, revert to the United States.
(B) Inconsistent use.--If the County uses any parcel of land within the Job Creation Zone in a manner that is inconsistent with the uses specified in this subsection, at the discretion of the Secretary, the parcel shall revert to the United States.
SEC. 5301. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION
SYSTEM.
(a) Designation.--Section 202(a) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (16 U.S.C. 1132 note; Public Law 107-282; 116 Stat. 1999) is amended--
(1) in paragraph (3), by striking "2002" and inserting "2002, and the approximately 10,095 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024";
(2) in paragraph (4), by striking "2002" and inserting "2002, and the approximately 3,789 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024";
(3) in paragraph (5), by striking "2002" and inserting "2002, and the approximately 19,716 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024";
(4) in paragraph (11), by striking "2002" and inserting "2002, and the approximately 33,164 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024";
(5) in paragraph (12), by striking "2002" and inserting "2002, and the approximately 30,134 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024";
(6) in paragraph (16), by striking "2002" and inserting "2002, and the approximately 29,966 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024";
(7) in paragraph (17), by striking "2002" and inserting "2002, and the approximately 699 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024"; and
(8) by adding at the end the following:
"(19) Mount stirling wilderness.--Certain Federal land managed by the Bureau of Land Management and the Forest Service, comprising approximately 72,942 acres, as
generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024, which shall be known as the `Mount Stirling Wilderness'.
"(20) Gates of the grand canyon wilderness.--Certain Federal land managed by the National Park Service, comprising approximately 91,963 acres, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024, which shall be known as the `Gates of the Grand Canyon Wilderness'.
"(21) New york mountains wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 14,459 acres, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024, which is incorporated in, and considered to be a part of, the Mojave Wilderness designated by section 601(a)(3) of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108 Stat.
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4496).
"(22) Piute mountains wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,520 acres, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024, which is incorporated in, and considered to be a part of, the Mojave Wilderness designated by section 601(a)(3) of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-13 433; 108 Stat. 4496).
"(23) Southern paiute wilderness.--Certain Federal land managed by the Director of the United States Fish and Wildlife Service, comprising approximately 1,276,246 acres, as generally depicted as `Southern Paiute Wilderness' on the map entitled `Southern Nevada Land Management' and dated November 14, 2024, which shall be known as the `Southern Paiute Wilderness'.
"(24) Lucy gray wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 9,601 acres, as generally depicted on the map entitled `Southern Nevada Land Management' and dated November 14, 2024, which shall be known as the `Lucy Gray Wilderness'.".
(b) Applicable Law.--Subject to valid existing rights and notwithstanding section 203(a) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (16 U.S.C. 1132 note; Public Law 107-282; 116 Stat. 2002), any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering land designated as wilderness or a wilderness addition by an amendment to section 202(a) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (16 U.S.C. 1132 note; Public Law 107-282; 116 Stat. 1999) made by subsection (a).
TITLE IV--LOCAL GOVERNMENT CONVEYANCES IN THE STATE OF NEVADA FOR PUBLIC PURPOSES
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SEC. 5401. CITY OF BOULDER CITY, NEVADA, CONVEYANCE.
(a) Definitions.--In this section:
(1) City.--The term "City" means the city of Boulder City, Nevada.
(2) Federal land.--The term "Federal land" means the public land that was reserved to the United States, as described in item 2 under exhibit B of Patent Nev-048100, which was created pursuant to Public Law 85-339 (72 Stat. 31).
(b) Authorization of Conveyance.--On request of the City, the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States in and to the Federal land, except as otherwise provided in this section.
(c) Administration of Acquired Land.--
(1) In general.--The Federal land conveyed under subsection (b) shall be subject to valid existing rights.
(2) Administrative authority.--The Secretary shall continue to have administrative authority over the Federal land conveyed under subsection (b) after the date of the conveyance.
(d) Reversion.--
(1) In general.--If the Federal land conveyed under subsection (b) ceases to be used for the public purpose for which the Federal land was conveyed, the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States.
(2) Responsibility of city.--If the Secretary determines under paragraph (1) that the Federal land should revert to the United States and that the Federal land is contaminated with hazardous waste, the City shall be responsible for remediation of the contamination of the Federal land.
SEC. 5402. CITY OF MESQUITE, NEVADA, CONVEYANCE FOR THE
PROTECTION OF THE VIRGIN RIVER WATERSHED.
(a) Definitions.--In this section:
(1) City.--The term "City" means the city of Mesquite, Nevada.
(2) Federal land.--The term "Federal land" means the approximately 250 acres of Federal land, as generally depicted on the Map.
(3) Map.--The term "Map" means the map entitled "City of Mesquite, River Park" and dated November 18, 2024.
(b) Authorization of Conveyance.--Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), on request of the City, the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States (except for the reversionary interest described in subsection (d)) in and to the Federal land for use by the City in developing and implementing a watershed management plan for the protection of the Virgin River watershed, subject to the provisions of this section.
(c) Map and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall complete the surveys necessary to develop the final legal descriptions of the Federal land to be conveyed under subsection (b).
(2) Corrections.--The Secretary may correct any minor errors in the Map or legal descriptions prepared under paragraph (1).
(3) Availability.--The Map and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the Las Vegas Field Office of the Bureau of Land Management.
(d) Reversion.--
(1) In general.--If the Federal land conveyed under subsection (b) ceases to be used for the public purpose for which the Federal land was conveyed, the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States.
(2) Responsibility of city.--If the Secretary determines under paragraph (1) that the Federal land should revert to the United States and that the Federal land is contaminated with hazardous waste, the City shall be responsible for the remediation of the contamination of the Federal land.
SEC. 5403. CLARK COUNTY, NEVADA, CONVEYANCE TO SUPPORT PUBLIC
SAFETY AND WILDFIRE RESPONSE.
(a) Authorization of Conveyance.--Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), on request of the County, the Secretary concerned shall convey to the County, on completion of any necessary environmental analysis under any applicable law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), without consideration, all right, title, and interest of the United States in and to the following parcels of Federal land, subject to the provisions of this section and consistent with uses allowed under the Act of June 14, 1926 (commonly known as the "Recreation and Public Purposes Act") (43 U.S.C. 869 et seq.).
(1) Mount charleston public safety complex.--The approximately 12-acre parcel of Federal land generally depicted as Parcel A on the map entitled "Southern Nevada Economic Development and Conservation Act Mount Charleston Public Safety Complex" and dated November 22, 2024, and the 1.5-acre parcel of Federal land depicted on the map entitled "Southern Nevada Economic Development and Conservation Act Parcel for Lee Canyon Fire Station" and dated November 22, 2024, for police and fire facilities.
(2) Public safety training facilities.--The approximately 127.6 acres of Federal land, as generally depicted on the map entitled "Metro Parcels" and dated November 18, 2024, for public safety training facilities.
(b) Payment of Costs.--As a condition of the conveyance under subsection (a), the County shall pay any costs relating to any land surveys and other associated costs of conveying the parcels of Federal land under subsection (a).
(c) Map and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare legal descriptions of the parcels of Federal land to be conveyed under subsection (a).
(2) Corrections.--The Secretary concerned may correct any minor errors in the maps described in subsection (a) or legal descriptions prepared under paragraph (1).
(3) Availability.--The maps described in subsection (a) and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management or the Forest Service, as applicable.
(d) Reversion.--
(1) In general.--If any parcel of Federal land conveyed under subsection (a) ceases to be used for the public purpose for which the parcel of Federal land was conveyed, the parcel of Federal land shall revert to the United States, at the discretion of the Secretary concerned, if the Secretary concerned determines that reversion is in the best interest of the United States.
(2) Responsibility of county.--If the Secretary concerned determines under paragraph (1) that a parcel of Federal land should revert to the United States and that the parcel of Federal land is contaminated with hazardous waste, the County shall be responsible for remediation of the contamination of the parcel of Federal land.
SEC. 5404. MOAPA VALLEY WATER DISTRICT, NEVADA, CONVEYANCE TO
SUPPORT ACCESS TO RURAL WATER SUPPLY.
(a) Definitions.--In this section:
(1) District.--The term "District" means the Moapa Valley Water District.
(2) Federal land.--The term "Federal land" means the approximately 121 acres of Federal land, as generally depicted on the Map.
(3) Map.--The term "Map" means the map entitled "Moapa Valley Water District-Facilities and Land Conveyances" and dated November 18, 2024.
(b) Authorization of Conveyance.--
(1) In general.--Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and subject to paragraph (2), on request of the District, the Secretary shall convey to the District, without consideration, all right, title, and interest of the United States in and to the Federal land for the construction, operation, and maintenance of critical water conveyance infrastructure necessary to supply water to the communities of Logandale, Overton, Glendale, and Moapa, Nevada, except as otherwise provided in this section.
(2) Limitation.--If any parcel of Federal land authorized for conveyance under paragraph (1) is subject to transfer for the benefit of the Tribe (as defined in section 5101(a)), the interest in the parcel of Federal land to be conveyed to the District under paragraph (1) shall be in the form of a right-of-way for construction, maintenance, and operation of critical water conveyance infrastructure.
(c) Map and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare final legal descriptions of the Federal land to be conveyed under subsection (b).
(2) Corrections.--The Secretary may correct any minor errors in the Map or legal descriptions prepared under paragraph (1).
(3) Availability.--The Map and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(d) Reversion.--
(1) In general.--If the Federal land conveyed under subsection (b) ceases to be used for the public purpose for which the Federal land was conveyed, as described in subsection (b), the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States.
(2) Responsibility of district.--If the Secretary determines under paragraph (1) that the Federal land should revert to the United States and that the Federal land is contaminated with hazardous waste, the District shall be responsible for remediation of the contamination of the Federal land.
SEC. 5405. CITY OF NORTH LAS VEGAS, NEVADA, CONVEYANCE FOR
FIRE TRAINING FACILITY.
(a) Definitions.--In this section:
(1) City.--The term "City" means the City of North Las Vegas, Nevada.
(2) Federal land.--The term "Federal land" means the approximately 10 acres of Federal land, as generally depicted on the Map.
(3) Map.--The term "Map" means the map entitled "North Las Vegas Fire Department Training Facility" and dated November 18, 2024.
(b) Authorization of Conveyance.--Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), on request of the City, the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States in and to the Federal land for the construction, operation, and maintenance of a training facility necessary to support public safety and fire response, subject to the provisions of this section, and consistent with uses allowed under the Act of June 14, 1926 (commonly known as the "Recreation and Public Purposes Act") (43 U.S.C.
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869 et seq.).
(c) Payment of Costs.--As a condition of the conveyance under subsection (b), the City shall pay any costs relating to any surveys and other associated costs of conveying the Federal land.
(d) Map and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare final legal descriptions of the Federal land to be conveyed under subsection (b).
(2) Corrections.--The Secretary may correct any minor errors in the Map or legal descriptions prepared under paragraph (1).
(3) Availability.--The Map and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(e) Reversion.--
(1) In general.--If the Federal land conveyed under subsection (b) ceases to be used for the public purpose for which the Federal land was conveyed, the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States.
(2) Responsibility of city.--If the Secretary determines under paragraph (1) that the Federal land should revert to the United States and that the Federal land is contaminated with hazardous waste, the City shall be responsible for remediation of the contamination on the Federal land.
TITLE V--IMPLEMENTATION OF LOWER VIRGIN RIVER WATERSHED PLAN
SEC. 5501. IMPLEMENTATION OF LOWER VIRGIN RIVER WATERSHED
PLAN.
Section 3(d)(3) of Public Law 99-548 (commonly known as the "Mesquite Lands Act of 1988") (100 Stat. 3061; 110 Stat. 3009-202; 116 Stat. 2018) is amended--
(1) by striking subparagraphs (A) and (B) and inserting the following:
"(A) for the development and implementation of a watershed plan for the Lower Virgin River; and"; and
(2) by redesignating subparagraph (C) as subparagraph (B).
SEC. 5601. SOUTHERN NEVADA LIMITED TRANSITION AREA.
(a) Definition of Transition Area.--Section 2602(a) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1117) is amended by striking paragraph (4) and inserting the following:
"(4) Transition area.--The term `Transition Area' means the approximately 742 acres of Federal land located in Henderson, Nevada, identified as `Subject Area' on the map entitled `Limited Transition Area (LTA) 2023 Amendment' and dated November 18, 2024, excluding the east 100 feet of the NW\1/4\ sec. 21, T. 23 S., R. 61 E., identified on the map as `NV Energy Utility Corridor'.".
(b) Use of Land for Nonresidential Development; Retention of Land by City.--Section 2602(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1117) is amended--
(1) in paragraph (2)--
(A) by striking subparagraphs (A) and (B) and inserting the following:
"(A) Authorized uses.--After the conveyance to the City under paragraph (1), the City may sell, lease, or otherwise convey any portion of the Transition Area for purposes of--
"(i) nonresidential development; or
"(ii) limited residential development that--
"(I) augments and integrates any nonresidential development under clause (i); and
"(II) is not freestanding.
"(B) Fair market value.--Any land sold, leased, or otherwise conveyed under subparagraph (A) shall be for not less than fair market value."; and
(B) in subparagraph (C), by inserting "and applicable State law" before the period at the end;
(2) by striking paragraph (3) and inserting the following:
"(3) Use of land for recreation or other public purposes; retention by city.--The City may elect to retain parcels in the Transition Area--
"(A) for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.), by providing to the Secretary written notice of the election; or
"(B) for any other use by the City, by providing to the Secretary--
"(i) written notice of the election; and
"(ii) consideration in an amount equal to the fair market value of the land retained, which shall be subject to disposition in accordance with paragraph (2)(D)."; and
(3) in paragraph (5)(A), by striking "or reserved for recreation or other public purposes under paragraph (3)" and inserting ", reserved for recreation or other public purposes under paragraph (3)(A), or retained by the City under paragraph (3)(B)".
SEC. 5701. OFF-HIGHWAY VEHICLE RECREATION AREAS.
(a) Establishment.--Subject to valid existing rights, and to rights-of-way for the construction, maintenance, and operation of Moapa Valley Water District facilities, as depicted on the map entitled "Moapa Valley Water District-Facilities and Land Conveyances", and dated November 13, 2019, the following areas of Federal land administered by the Bureau of Land Management in the State are established as off-highway vehicle recreation areas:
(1) Laughlin off-highway vehicle recreation area.--The approximately 13,050 acres of Federal land, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, to be known as the "Laughlin Off-Highway Vehicle Recreation Area".
(2) Logandale trails off-highway vehicle recreation area.--The approximately 21,729 acres of Federal land, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, to be known as the "Logandale Trails Off-Highway Vehicle Recreation Area".
(3) Nelson hills off-highway vehicle recreation area.--The approximately 43,775 acres of Federal land, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, to be known as the "Nelson Hills Off-Highway Recreation Area".
(4) Sandy valley off-highway vehicle recreation area.--The approximately 39,022 acres of Federal land, as generally depicted on the map entitled "Southern Nevada Land Management" and dated November 14, 2024, to be known as the "Sandy Valley Off-Highway Vehicle Recreation Area".
(b) Purposes.--The purposes of each off-highway vehicle recreation area established by subsection (a) (referred to in this section as an "off-highway vehicle recreation area") are to preserve, protect, and enhance for the benefit and enjoyment of present and future generations--
(1) off-highway vehicle use;
(2) other activities as the Secretary determines to be appropriate; and
(3) the scenic, watershed, habitat, cultural, historic, and ecological resources of the off-highway vehicle recreation areas.
(c) Management Plans.--
(1) In general.--Not later than 2 years after the date of enactment of this Act, in
accordance with applicable law, the Secretary shall develop a comprehensive plan for the long-term management of each off-highway vehicle recreation area.
(2) Consultation.--In developing the management plans under paragraph (1), the Secretary shall consult with--
(A) appropriate State, Tribal, and local governmental entities; and
(B) members of the public.
(d) Management.--The Secretary shall manage the off-highway vehicle recreation areas--
(1) to support the purposes described in subsection (b); and
(2) in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(e) Motorized Vehicles.--
(1) In general.--Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the off-highway vehicle recreation areas shall be permitted only on roads and trails designated for the use of motorized vehicles by the applicable management plan under subsection (c).
(2) Interim management.--During the period beginning on the date of enactment of this Act and ending on the date on which the management plan under subsection (c) for an off-highway vehicle recreation area takes effect, the use of motorized vehicles in the off-highway vehicle recreation areas shall be permitted in accordance with applicable land management requirements.
(3) Effect of subsection.--Nothing in this subsection prevents the Secretary from closing an existing road or trail to protect natural resources or public safety, as the Secretary determines to be appropriate.
(f) Transportation and Utility Corridors.--Nothing in this section--
(1) affects the existence, use, operation, maintenance, repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation improvement funding, removal, or replacement of any utility facility or appurtenant right-of-way within an existing designated transportation and utility corridor within an off-highway vehicle recreation area;
(2) precludes the Secretary from authorizing the establishment of a new utility facility right-of-way within an existing designated transportation and utility corridor within an off-highway vehicle recreation area--
(A) in accordance with--
(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii) any other applicable law; and
(B) subject to such terms and conditions as the Secretary determines to be appropriate; or
(3) prohibits access to, or the repair or replacement of, a transmission line within a right-of-way grant within an off-highway vehicle recreation area issued before the date of enactment of this Act.
(g) Withdrawal.--Subject to valid existing rights, all Federal land within the boundaries of an off-highway vehicle recreation area, together with any land designated as the "Nellis Dunes Off-Highway Vehicle Recreation Area" under section 3092(j)(3)(A) of Public Law 113-291 (16 U.S.C. 460aaaa(3)(A)), is withdrawn from--
(1) all forms of appropriation or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(h) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of each off-highway vehicle recreation area.
(2) Errors.--The Secretary may correct any minor error in--
(A) a map referred to in subsection (a); or
(B) a legal description under paragraph (1).
(3) Treatment.--The maps and legal descriptions referred to in paragraph (2) shall--
(A) be on file and available for public inspection in the appropriate offices of the Bureau of Land Management; and
(B) have the same force and effect as if included in this division, subject to paragraph (2).
SEC. 5702. LOWER LAS VEGAS WASH WEIRS.
(a) In General.--Subject to valid existing rights, the availability of appropriations, and all applicable laws, the Secretary shall complete construction of the 6 erosion control weirs on the lower Las Vegas Wash within the Lake Mead National Recreation Area that are unfinished as of the date of enactment of this Act, as identified in the study of the Federal Highway Administration entitled "2010 Lower Las Vegas Wash Planning Study".
(b) Deadline.--It is the intent of Congress that the construction of the weirs described in subsection (a) be completed by the Secretary by not later than 8 years after the date of enactment of this Act.
SEC. 5703. CRITICAL FLOOD CONTROL FACILITIES.
The Secretary shall amend the Las Vegas Resource Management Plan dated 1998 to allow for the design and construction of flood control facilities in the Coyote Springs Desert Tortoise Area of Critical Environmental Concern, as described in the most-recent update of the Las Vegas Valley Master Plan for Flood Control Facilities developed by the Regional Flood Control District, as generally depicted on the map attached to that update entitled "Regional Flood Control District Master Plan Facilities in the Coyote Springs Area of Critical Environmental Concern".
SEC. 5704.
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JURISDICTION OVER FISH AND WILDLIFE.
Nothing in this division affects the jurisdiction of the State with respect to the management of fish or wildlife on any Federal land located in the State.
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SA 6392. Mr. PETERS 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:
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Strike section 812 and insert the following:
SEC. 812. REQUIREMENTS FOR INFORMATION RELATED TO SUPPLY
CHAIN RISK.
Section 3252 of title 10, United States Code, is amended to read as follows:
"Sec. 3252. Requirements for information relating to supply
chain risk
"(a) Authority.--Subject to subsection (b), the head of a covered agency may--
"(1) carry out a covered procurement action; and
"(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
"(b) Determination and Notification.--The head of a covered agency may exercise the authority provided in subsection (a) only after--
"(1) consulting with and receiving a written recommendation from procurement officials, general counsels, or other relevant officials of the covered agency, including the chief acquisition officer and the chief information officer of the agency (or comparable employee);
"(2) making a determination in writing, in unclassified or classified form, that--
"(A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk, including the facts, evidence, and conclusions of the risk assessment upon which this determination was made;
"(B) less intrusive measures have been taken and are not reasonably expected to reduce such supply chain risk, including--
"(i) the facts and evidence upon which this determination was made;
"(ii) the options that were considered in making this determination;
"(iii) the actions taken from this consideration; and
"(iv) why such options were not reasonably available to reduce supply chain risk;
"(D) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and
"(E) in the case of termination of an existing agreement, contract, or license, such action is necessary to address an imminent risk to national security;
"(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committee, and briefings upon request not later than 1 day after the request, which notice shall include--
"(A) a summary of the risk assessment and the facts and evidence upon which the risk assessment is based, including the nature of the supply chain risk, that serves as the basis for the written determination required by paragraph (2);
"(B) a summary of the basis for the determination, including a discussion of less intrusive measures that were taken and why they were not reasonably expected to reduce supply chain risk; and
"(C) a legal opinion from the Department of Defense Office of the General Counsel that the determination required in paragraph (2), as well as the analysis required in subparagraphs (A) and (B), meets the statutory requirements of this section;
"(4) determining and certifying to the appropriate congressional committees that a foreign entity of concern in the supply chain has carried out nefarious, malicious, or concerning actions warranting such exercise of authority; and
"(5) the Inspector General of the Department of Defense conducts a review and determines that all requirements under this subsection have been met.
"(c) Limitation on Disclosure.--If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information--
"(1) no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and
"(2) the agency head shall--
"(A) notify appropriate parties of a covered procurement action and the basis for such action only to the extent necessary to effectuate the covered procurement action;
"(B) allow the appropriate parties of a covered procurement action a 30-day window to address the Department's concerns or take other remedial actions;
"(C) notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and
"(D) ensure the confidentiality of any such notifications.
"(d) Limitations on Authority.--(1) Unless a complete and detailed notification has been received by the appropriate congressional committees within 5 days of a determination under this section, the determination shall have no effect for purposes of this section until the notification has been received.
"(2) A determination under this section shall not be invoked for contract disputes or as a negotiating tool and shall only be invoked to protect critical defense systems from adversary exploitation by screening out suppliers who pose unacceptable risks of sabotage or malicious subversion in the procurement process.
"(e) Additional Requirements Before Carrying Out a Covered Procurement Action.--(1) The head of a covered agency may carry out a covered procurement action [against affecting] a domestic source or non-FOCI entity only after--
"(2) notifying the domestic source or non-FOCI entity that a covered action is being considered;
"(3) providing the domestic source or non-FOCI entity, to the extent consistent with the national security and law enforcement interests, of information that forms the basis for the covered action, in accordance with paragraph (3);
"(4) allowing the domestic source or non-FOCI entity 30 days after receipt of the notice to submit information and argument to the head of the covered agency in response to such notification; and
"(5) submitting notice to the appropriate congressional committees that the covered procurement action is not being taken for any purpose described in paragraph (2).
"(2) The head of a covered agency may not directly or indirectly exclude a domestic source or non-FOCI entity as a source pursuant to subsection (a) for--
"(A) exercising, declining to waive, or declining to renegotiate any right under, or any term or condition of, a contract, subcontract, agreement, license, or other arrangement with a Federal agency; or
"(B) declining to enter into such an arrangement on terms proposed by a Federal official.
"(f) Non-punitive Purposes.--The authority under this section shall be exercised solely to protect the integrity and security of covered systems, and not for purposes of punishment, coercion, or retaliation.
"(g) Judicial Review.--Covered procurement actions carried out under this section shall be subject to judicial review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedure Act').
"(h) Rule of Construction.--Limitations on disclosure allowed under this section do not preclude judicial review. Nothing in this section shall be considered to restrict judicial review available under the law.
"(i) Definitions.--In this section:
"(1) Appropriate congressional committees.--The term `appropriate congressional committees' means--
"(A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and
"(B) in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees.
"(2) Covered item of supply.--The term `covered item of supply' means an item of information technology (as that term is defined in section 11101 of title 40) that is purchased for inclusion in a covered system and the loss of integrity of which could result in a supply chain risk for a covered system.
"(3) Covered procurement.--The term `covered procurement' means--
"(A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 3206(a)(3)(B) of this title, or an evaluation factor, as provided in section 3206(b)(1) of this title, relating to supply chain risk;
"(B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 3406(d)(3) of this title, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or
"(C) any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.
"(4) Covered procurement action.--The term `covered procurement action' means any of the following actions, if the action takes place in the course of conducting a covered procurement:
"(A) The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of section 3243 of this title for the purpose of reducing supply chain risk in the acquisition of covered systems.
"(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
"(C) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
"(5) Covered system.--The term `covered system' means a national security system, as that term is defined in section 3552(b)(6) of title 44.
"(6) Domestic source.--The term `domestic source' has the meaning given the term in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552).
"(7) Head of a covered agency.--The term `head of a covered agency' means each of the following:
"(A) The Secretary of Defense.
"(B) The Secretary of the Army.
"(C) The Secretary of the Navy.
"(D) The Secretary of the Air Force.
"(8) Non-FOCi entity.--The term `non-FOCI entity' means--
"(A) a domestic source; or
"(B) an entity that has not been identified to be operating under foreign ownership, control, or influence pursuant to a Defense Counterintelligence and Security Agency review of such entity.
"(9) Supply chain risk.--The term `supply chain risk' means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.".
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SA 6393. Mr. PETERS (for himself and Mr. Rounds) 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:
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At the end of subtitle E of title VIII, add the following:
SEC. 885. CHANGES WITH RESPECT TO THE FEDERAL ACQUISITION
SECURITY COUNCIL.
(a) Definition of Source of Concern, Covered Source of Concern, Recommended Order, and Designated Order.--Section 1321 of title 41, United States Code, is amended--
(1) by amending paragraph (3) to read as follows:
"(3) Covered article.--The term `covered article'--
"(A) has the meaning given that term in section 4713; and
"(B) includes operational technology (as defined in section 3 of the Internet of Things Cybersecurity Improvement Act of 2020 (Public Law 116-207; 15 U.S.C. 278g-3a)).";
(2) by redesignating paragraphs (5) through (8) as paragraphs (7) through (10), respectively;
(3) by inserting after paragraph (4) the following:
"(5) Covered source of concern.--The term `covered source of concern' means a source of concern that sells, produces, or is involved in the development of a covered article that is designated in section 1328(c) as a statutorily designated covered article.
"(6) Designated order.--The term `designated order' means an order described under section 1323(c)(3)."; and
(4) by adding at the end the following:
"(11) Recommended order.--The term `recommended order' means an order recommended under section 1323(c)(2).
"(12) Source of concern.--
"(A) In general.--The term `source of concern' means a source--
"(i) subject to the jurisdiction, direction, or control of the government of a foreign adversary, or operates on behalf of the government of a foreign adversary; or
"(ii) that poses a risk to the national security of the United States based on collaboration with, whole or partial ownership or control by, or being affiliated with a military, internal security force, or intelligence agency of a foreign adversary.
"(B) Foreign adversary defined.--In this paragraph, the term `foreign adversary' has the meaning given the term `covered nation' in section 4872(d) of title 10.".
(b) Establishment and Members of Council.--Section 1322 of title 41, United States Code, is amended--
(1) in subsection (a), by striking "executive branch" and inserting "Executive Office of the President";
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
"(1) In general.--The members of the Council shall be as follows:
"(A) The Administrator for Federal Procurement Policy.
"(B) The Deputy Director for Management of the Office of Management and Budget.
"(C) The following officials, each of whom shall occupy a position at the level of Assistant Secretary or Deputy Assistant Secretary (or equivalent):
"(i) Two officials from the Office of the Director of National Intelligence, one of which shall be from the National Counterintelligence and Security Center.
"(ii) Two officials from the Department of Defense, one of which shall be one from the National Security Agency.
"(iii) Two officials from the Department of Homeland Security, one of which shall be one from the Cybersecurity and Infrastructure Security Agency.
"(iv) An official from the General Services Administration.
"(v) An official from the Office of the National Cyber Director.
"(vi) Two officials from the Department of Justice, one of which shall be one from the Federal Bureau of Investigation.
"(vii) Two officials from the Department of Commerce, one of which shall be from the National Institute of Standards and Technology and one of which shall be from the Bureau of Industry and Security.
"(viii) An official from any executive agency not listed under clauses (i) through (vii) whose temporary or permanent participation is determined by the Chairperson of the Council to be necessary to carry out the functions of the Council while maintaining the intended balance in subject matter expertise."; and
(B) in paragraph (2)--
(i) in the heading, by striking "Lead representatives" and inserting "Members";
(ii) by amending subparagraph (A)(i) to read as follows:
"(i) In general.--The head of each executive agency listed under paragraph (1)(C) shall designate the official or officials from that agency who shall serve on the Council in accordance with such paragraph.";
(iii) by amending subparagraph (A)(ii) to read as follows:
"(ii) Requirements.--To the extent feasible, any official designated under clause (i) shall have expertise in supply chain risk management, acquisitions, law, or information and communications technology.";
(iv) by amending subparagraph (B) to read as follows:
"(B) Functions.--A member of the Council shall--
"(i) regularly participate in the activities of the Council;
"(ii) ensure that any information requested by the Council from the agency represented by the member is provided to the Council; and
"(iii) ensure that the head of the agency represented by the member and other appropriate personnel of the agency are aware of the activities of the Council.";
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
"(1) In general.--
"(A) Designation.--Not later than 45 days after the date of the enactment of this paragraph, the President shall a designate a member of the Council to serve as Chairperson of the Council.
"(B) Transition.--The Chairperson of the Council on the day before the date of the enactment of this paragraph shall remain the Chairperson until the President makes a designation pursuant to subparagraph (A)."; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking " subsection (b)(1)(H)" and inserting "subsection (b)(1)(C)(viii)"; and
(ii) in subparagraph (C), by striking "lead representative of each agency represented on the Council" and inserting "members of the Council"; and
(4) in subsection (d)--
(A) by striking "The Council" and inserting the following:
"(1) Council meetings.--The Council"; and
(B) by adding at the end the following:
"(2) Other meetings.--The Chairperson of the Council shall meet, not less frequently than semiannually, with--
"(A) the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence; or
"(B) in the case that any of the officials under subparagraph (A) delegated authority to an official under section 1323(c)(6)(C), with the delegated official.".
(c) Functions and Authorities.--Section 1323 of title 41, United States Code, is amended--
(1) in subsection (a)--
(A) by striking "supply chain" each place it appears and inserting "acquisition security and supply chain";
(B) in paragraph (1), as amended by subparagraph (A), by striking ", particularly" and inserting "that arise";
(C) in paragraph (2), as amended by subparagraph (A)--
(i) by striking "sharing information" and inserting "exchanging information";
(ii) by inserting "associated with the acquisition and use of covered articles" after "risk";
(iii) in subparagraph (B), by striking "; and" and inserting a semicolon;
(iv) by redesignating subparagraph (C) as subparagraph (D); and
(v) by inserting after subparagraph (B) the following:
"(C) the process for an executive agency to submit supply chain risk information to the Council in furtherance of identifying, mitigating, or managing its supply chain risk; and";
(D) in paragraph (6), as amended by subparagraph (A), by--
(i) striking "posed by" and inserting "associated with"; and
(ii) inserting "and use" before "of covered articles";
(E) in paragraph (7), by striking "posed by acquisitions" and inserting "associated with the acquisition";
(F) by redesignating paragraph (7) as paragraph (12); and
(G) by inserting after paragraph (6) the following:
"(7) Implementing a prioritization scheme for evaluating the security risks associated with the acquisition and use of covered articles sold, produced, or developed by a covered source of concern.
"(8) Evaluating each covered source of concern to determine whether to issue a designated order with respect to the covered source of concern or a covered article sold, produced, or developed by the covered source of concern.
"(9) Evaluating sources of concern to determine whether to issue a recommended order with respect to the source of concern, or any covered article sold, produced, or developed by the source of concern.
"(10) Monitoring and evaluating compliance by the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence with the requirement to issue designated orders under subsection (c)(6)(B).
"(11) Reporting to Congress annually on the security risks associated with the acquisition and use of covered articles sold, produced, or developed by sources of concern.";
(2) in subsection (b)--
(A) by striking "The Council" and inserting the following:
"(1) In general.--The Council";
(B) in paragraph (1), as so redesignated, by striking "a program office and"; and
(C) by adding at the end the following:
"(2) Federal acquisition security council program office.--
"(A) Establishment.--Not later than 45 days after the date of the enactment of this paragraph, the President shall establish a Federal Acquisition Security Council Program Office (referred to in this paragraph as the `Program Office') within the Executive Office of the President to carry out the duties described under subparagraph (B).
"(B) Duties.--The Program Office shall provide to the Council, including any committees, working groups, or other constituent bodies established by the Council under paragraph (1)--
"(i) administrative, legal, and policy support; and
"(ii) analysis and subject matter expertise on information communications technology, acquisition security, and supply chain risk.
"(C) Structure.--The head of the Program Office shall be designated by the Chairperson of the Council.
"(D) Prohibition.--The Program Office may not provide administrative support to the Council for any activities of the Council carried out pursuant to a provision of law other than a provision of law under this subchapter.
"(E) Funding and resources.--The Program Office may use the staff and resources of the Executive Office of the President or maintain dedicated staff and resources, as appropriate, in the performance of the duties of the Office.
"(F) Shared staffing authority.--
"(i) In general.--The Program Office may accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C.
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3003)) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years.
"(ii) Rule of construction.--Nothing in this subparagraph may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details.
"(iii) Nonreimbursable detail.--A nonreimbursable detail made under this subparagraph shall not be considered an augmentation of the appropriations of the receiving element of the Program Office."; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking "supply chain risk" and inserting "acquisition security and supply chain risk associated with the acquisition of covered articles";
(ii) in subparagraph (A), by inserting "recommended" before "exclusion orders";
(iii) in subparagraph (B), by inserting "recommended" before "removal orders";
(iv) in subparagraph (C), by striking "; and" and inserting a semicolon;
(v) in subparagraph (D), by striking the period at the end and inserting "; and"; and
(vi) by adding at the end the following:
"(E) issuing designated orders.";
(B) in paragraph (2)--
(i) in the heading, by striking "Recommendations" and inserting "Recommended orders";
(ii) by striking "use" and inserting ", using";
(iii) by striking "to issue recommendations" and inserting ", recommend orders";
(iv) by striking "Such recommendations" and inserting "Any such order recommended";
(v) by inserting "to the officials described under clause (iii) of paragraph (6)(A) for issuance under such paragraph" after "thereof,";
(vi) in subparagraph (D), by striking "supply chain risk" and inserting "acquisition security and supply chain risk associated with the acquisition of covered articles"; and
(vii) in subparagraph (E), by striking "exclusion or removal";
(C) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively;
(D) by inserting after paragraph (2) the following:
"(3) Designated orders.--
"(A) Exclusion or removal of covered sources of concern.--
"(i) In general.--Not later than 270 days after a source of concern is designated as a covered source of concern, the Council--
"(I) shall provide to the officials described under clause (iii) of paragraph (6)(B) for issuance under such paragraph orders requiring--
"(aa) the exclusion of the covered source of concern from any executive agency procurement action, including source selection and consent for a contractor; or
"(bb) the removal of covered articles sold, produced, or developed by the covered source of concern from the information system of executive agencies; or
"(II) report to Congress why the Council has determined to not issue an order described under subclause (I) with respect to the covered source of concern or covered articles sold, produced, or developed by the covered source of concern.
"(ii) Contents of order.--Any order provided under clause (i) shall include--
"(I) information regarding the scope and applicability of the order, including any information necessary to positively identify the covered source of concern or covered articles sold, produced, or developed by the covered source of concern required to be excluded or removed under the order;
"(II) a summary of any risk assessment reviewed or conducted in support of the order;
"(III) a summary of the basis for the order, including a discussion of less intrusive measures that were considered and why such measures were not reasonably available to reduce security risk;
"(IV) a description of the actions necessary to implement the order; and
"(V) where practicable, in the Council's sole and unreviewable discretion, a description of mitigation steps that could be taken by the covered source of concern that may result in the Council rescinding the order.
"(B) Exclusion or removal of second order sources or covered articles.--
"(i) Issuance.--In the case that the Council provides an order under subparagraph (A), the Council may also provide an order to the officials described under paragraph (6)(A)(iii) requiring the exclusion of sources or covered articles from executive agency procurement actions or removal of covered articles from executive agency information systems if--
"(I) such covered articles or such sources use a covered source of concern in the performance of a contract with the executive agency; or
"(II) such sources enter into a contract, the performance of which such source knows or has reason to believe will require, in the performance of a contract with the executive agency, the use of a covered source of concern or the use of a covered article sold, produced, or developed by a covered source of concern.
"(ii) Effective date considerations.--Any effective date prescribed by the Council for an order issued pursuant to clause (i) shall take into account--
"(I) the risk posed by the covered source of concern or the covered article sold, produced, or developed by the covered source of concern to the national security of the United States;
"(II) the likelihood of the covered source of concern or the covered article sold, produced, or developed by the covered source of concern causing imminent threat to public health and safety;
"(III) the availability of an alternative source or covered article sold, produced, or developed by an alternative source; and
"(IV) an assessment of the potential direct or quantifiable costs that may be incurred by the Federal Government, a State, local, or Tribal government, or by the private sector, as a result of compliance by the head of an executive agency with such an exclusion or removal order.";
(E) in paragraph (4), as so redesignated--
(i) in the heading, by striking "of recommendation and review" and inserting "and review of recommended and designated orders";
(ii) by striking "the recommendation" each place it appears, and inserting "the order";
(iii) in the matter preceding subparagraph (A), by striking "A notice of the Council's recommendation under paragraph (2)" and inserting "Before the Council recommends an order under paragraph (2) or issues an order under paragraph (3), a notice";
(iv) in subparagraph (A), by striking "a recommendation has been made" and inserting "the order will be recommended or issued";
(v) in subparagraph (D), by striking "paragraph (5)" and inserting "paragraph (6)"; and
(vi) in subparagraph (E), by striking the "the recommendation" and inserting "the order";
(F) in paragraph (5), as so redesignated--
(i) by striking "paragraph (3)" and inserting "paragraph (4)";
(ii) in subparagraph (A), by striking "paragraph (5)" and inserting "paragraph (6)";
(iii) in subparagraph (B), by striking "paragraph (6)" and inserting "paragraph (7)";
(iv) by striking "Any notice" and inserting "(A) In general.--Any notice"; and
(v) by inserting at the end the following:
"(B) Information collected.--Any information collected from a source after notice under paragraph (4) shall be exempt from public disclosure and disclosure under subsection (b)(3)(B) of section 552 of title 5 (commonly referred to as the `Freedom of Information Act'), until an order is issued pursuant to paragraph (6)."; and
(G) in paragraph (6), as so redesignated--
(i) by amending subparagraph (A) to read as follows:
"(A) Issuance of recommended orders.--
"(i) Modifications to order.--After considering any response properly submitted by a source under paragraph (4) related to an order to be recommended under paragraph (2), the Council shall--
"(I) make such modifications to the order as the Council considers appropriate; and
"(II) provide the order (together with any information submitted by a source under paragraph (4) related to such order) to the officials described under clause (iii).
"(ii) Order.--Not later than 90 days after receiving a recommended order, the officials described under clause (iii) shall--
"(I) issue the order to the heads of the applicable agencies; or
"(II) submit a notification to the Council that the order will not be issued, that includes in the notification to the Council, all the reasons for why the order will not be issued.
"(iii) Officials.--The officials described in this clause are as follows:
"(I) The Secretary of Homeland Security, for exclusion and removal orders applicable to civilian agencies, to the extent not covered by subclause (II) or (III).
"(II) The Secretary of Defense, for exclusion and removal orders applicable to the Department of Defense and national security systems other than sensitive compartmented information systems.
"(III) The Director of National Intelligence, for exclusion and removal orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by subclause (II).";
(ii) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively;
(iii) by inserting after subparagraph (A) the following:
"(B) Issuance of designated order.--
"(i) Modifications.--After considering any response properly submitted by a source under paragraph (4) related to a designated order, the Council shall--
"(I)(aa) make any such modifications to the order as the Council considers appropriate; or
"(bb) if the Council determines that the issuance of a designated order is not warranted, rescind the designated order and notify the source of the rescission; and
"(II) except in the case that the Council rescinds the designated order under subclause (I)(bb), provide the designated order (including any modifications made to such order by the Council) to the officials described in clause (iii).
"(ii) Issuance.--The officials described in clause (iii) shall, not later than 90 days after receiving a designated order, issue the order to the heads of the applicable agencies.
"(iii) Officials.--The officials described in this clause are as follows:
"(I) The Secretary of Homeland Security, for exclusion and removal orders applicable to civilian agencies, to the extent not covered by subclause (II) or (III).
"(II) The Secretary of Defense, for exclusion and removal orders applicable to the Department of Defense and national security systems other than sensitive compartmented information systems.
"(III) The Director of National Intelligence, for exclusion and removal orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by subclause (II).
"(iv) Waiver.--An official described under clause (iii) may waive for a period of not more than 365 days the application of an order issued by such official under clause (ii) with respect to a covered source of concern or a covered article sold, produced, or developed by a covered source of concern if the official submits, not later than 30 days after making such waiver, a written notification to the Council, appropriate congressional committees, the Speaker and Minority Leader of the House of Representatives, and the Majority and Minority Leaders of the Senate that contains the justification for such waiver.
"(v) Renewal of waiver.--An official described under clause (iii) may renew a waiver under clause (iv) for an additional period of not more than 180 days if--
"(I) the renewal of the waiver is in the national security interests of the United States; and
"(II) the official submits, not later than 30 days after renewing such waiver, a written notification to the Council, appropriate congressional committees, the Speaker and Minority Leader of the House of Representatives, and the Majority and Minority Leaders of the Senate that includes the justification for renewing the wavier.
"(vi) National security waiver.--An official described under clause (iii) may waive the application of an order issued by such official under clause (ii) with respect to a covered source of concern or a covered article
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sold, produced, or developed by a covered source of concern for 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.
"(vii) Rescission of order.--An exclusion or removal order issued under this subparagraph by an official may be rescinded only by the Council.";
(iv) in subparagraph (C), as so redesignated--
(I) by striking "subparagraph (A)" and inserting "subparagraph (A)(iii) or (B)(iii)";
(II) by striking "this subparagraph" and inserting "subparagraph (A)(iii) or (B)(iii)"; and
(III) by striking ", except" and all that follows before the period at the end;
(v) in subparagraph (D), as so redesignated--
(I) by striking "this paragraph" and inserting "subparagraph (A)(iii) or (B)(iii)"; and
(II) by striking "help";
(vi) in subparagraph (E), as so redesignated, by striking "this paragraph" and inserting "subparagraph (A)"; and
(vii) by adding after subparagraph (F), as so redesignated, the following:
"(G) Effective date of orders.--The effective date of an order issued under this paragraph may not be more than 365 days after the order is issued.";
(H) in paragraph (7), as so redesignated, by striking "paragraph (5)(A)" and inserting "subparagraph (A) or (B) of paragraph (6)"; and
(I) in paragraph (8), as so redesignated, by striking "paragraph (5)" and inserting "paragraph (6)";
(4) in subsection (e), by inserting "the Chief Data Officers Council," before "the Chief Acquisition"; and
(5) in subsection (f)(2), by striking the period at the end and inserting ", unless such source is a covered source of concern.".
(d) Strategic Plan.--Section 1324(a) of title 41, United States Code, is amended--
(1) by inserting ", and periodically thereafter" after "2018";
(2) in the matter preceding paragraph (1), by inserting "acquisition security and" before "supply chain risks";
(3) in paragraph (8), by inserting "acquisition security and" before "supply chain risks"; and
(4) in paragraph (9)(A), by inserting "acquisition security and" before "supply chain risk".
(e) Requirements for Executive Agencies.--Section 1326 of title 41, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking "; and" and inserting a semicolon;
(B) in paragraph (2), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(3) providing any information requested by the Chairperson of the Council for the purpose of carrying out activities of this subchapter, subject to applicable law or policy on the control and handling of classified, sensitive, or proprietary information.";
(2) by striking "supply chain" each place it appears and inserting "security and supply chain"; and
(3) in subsection (b)(6), by striking "supply chain" and inserting "security or supply chain".
(f) Judicial Procedure.--Section 1327(b) of title 41, United States Code, is amended--
(1) in paragraph (1), by striking "section 1323(c)(6)" and inserting "section 1323(c)(7)";
(2) in paragraph (3), by striking "sections 1323(c)(5)" and inserting "sections 1323(c)(6)"; and
(3) in paragraph (4), by amending subparagraph (B)(i) to read as follows:
"(i) Filing of record.--The United States shall file with the court an administrative record, which shall consist of--
"(I) in the case of a designated order issued under section 1323(c)(6) by the appropriate official, the information the Council relied upon in providing such order to such official; and
"(II) the information that the appropriate official relied upon in issuing an exclusion or removal order under section 1323(c)(6) or a covered procurement action under section 4713.".
(g) Additional Provisions.--Section 1328 of title 41, United States Code, is amended to read as follows:
"Sec. 1328. Additional provisions
"(a) Compliance With Existing Prohibitions.--In implementing this subchapter, the Council shall coordinate, as applicable and practicable, with the head of an agency to assist with compliance by the agency with--
"(1) section 889 of the John S. McCain National Defense Authorization Act of 2019 (Public Law 115-232; 41 U.S.C. 3901 note);
"(2) section 5949 of the James M. Inhofe National Defense Authorization Act of 2023 (Public Law 117-263; 41 U.S.C. 4713 note); and
"(3) the American Security Drone Act of 2023 (Public Law 118-31; 41 U.S.C. 3901 note).
"(b) Update to Regulations.--The Federal Acquisition Security Council shall update, not later than two years after the date of the enactment of this section, any regulations of the Council as necessary.
"(c) Statutorily Designated Covered Article Defined.--The term `statutorily designated covered article' pursuant to section 1321(5)--
"(1) means a vehicle or a mechanical device commonly known as an `unmanned ground vehicle system' that--
"(A) is capable of locomotion, navigation, or movement on the ground; and
"(B) 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
"(2) includes--
"(A) humanoid robots, mobile robotics, remote surveillance vehicles, and autonomous patrol technologies; and
"(B) the vehicle, its payload, and any external device used to control the vehicle.".
(h) Reallocating Existing Resources.--Section 5949(l)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended by inserting before the period at the end the following: "and the Federal Acquisition Security Council Program Office established under section 1323(b)(2) of title 41, United States Code".
(i) Implementation by the Department of Defense.--
(1) Notification.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a notification of the designation of the officials of the Department of Defense who shall serve on the Council in accordance with clause (b)(1)(C)(ii) of section 1322 of title 41, United States.
(2) Performance of duties.--The Secretary shall ensure that the officials designated--
(A) regularly participate in the activities of the Council;
(B) ensure that any information requested by the Council from the agency represented by the such official or officials is provided to the Council in a timely manner; and
(C) establish procedures to ensure that Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, the Chair of the Joint Requirements Oversight Council, the Assistant Secretary of Defense for Industrial Base Policy, and other appropriate personnel of the Department of Defense are informed of the activities of the Council in a timely manner.
(j) Technical and Conforming Changes.--Subchapter III of chapter 13 of title 41, United States Code, is amended--
(1) in the table of sections for the subchapter by adding after the item related to section 1327 the following:
"1328. Additional provisions."; and (2) by striking "of this title" each place the term appears. ______
SA 6394. Mr. HUSTED 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:
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At the end of title X, add the following:
SEC. 1094. BENEFIT CALCULATION FOR CERTAIN AUTO AND DEFENSE
PENSIONS.
(a) In General.--
(1) Increase to full vested plan benefit.--
(A) 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 paragraph (4) 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.
(B) 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 paragraph (4), 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.
(2) Recalculation of certain benefits.--
(A) In general.--In any case in which the amount of monthly benefits with respect to an eligible participant or beneficiary described in paragraph (1) was calculated prior to the date of enactment of this Act, the corporation shall recalculate such amount pursuant to paragraph (1), and shall adjust any subsequent payments of such monthly benefits accordingly, as soon as practicable after such date.
(B) 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 subparagraph (A) in an amount equal to--
(i) in the case of an eligible participant, the excess of--
(I) 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
(II) the sum of any applicable payments made to the eligible participant; and
(ii) in the case of an eligible beneficiary, the sum of--
(I) the amount that would be determined under clause (i) with respect to the participant of which the eligible beneficiary is a beneficiary if such participant were still in pay status; plus
(II) 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.
(C) Eligible participants and beneficiaries.--
(i) In general.--For purposes of this section, an eligible participant or beneficiary is a participant or beneficiary who--
(I) 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;
(II) has received or will receive applicable payments in connection with such plan (within the meaning of clause (ii)) that does not exceed the full vested plan benefits of such participant or beneficiary; and
(III) 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:
(I) Payments under the plan equal to the normal benefit guarantee of the participant or beneficiary.
(II) 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.
(3) Definitions.--For purposes of this subsection--
(A) 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).
(B) 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.
(4) Covered plans.--The covered plans specified in this paragraph are the following:
(A) The Delphi Hourly-Rate Employees Pension Plan.
(B) The Delphi Retirement Program for Salaried Employees.
(C) The PHI Non-Bargaining Retirement Plan.
(D) The ASEC Manufacturing Retirement Program.
(E) The PHI Bargaining Retirement Plan.
(F) The Delphi Mechatronic Systems Retirement Program.
(5) 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.
(b) Trust Fund for Payment of Increased Benefits.--
(1) 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.
(2) 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 subsection (a) 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.
(3) 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 subsection (a) and for necessary administrative and operating expenses of the corporation relating to such payment.
(c) 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.
______
SA 6395. Mr. WICKER (for himself and Mrs. Gillibrand) 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:
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At the end of subtitle G of title X, add the following:
SEC. ___01. VIEQUEST RECOVERY AND REDEVELOPMENT ACT.
(a) Short Title.--This section may be cited as the "Vieques Recovery and Redevelopment Act".
(b) Findings.--The Congress finds the following:
(1) Vieques is an island municipality of Puerto Rico, measuring approximately 21 miles long by 4 miles wide, and located approximately 8 miles east of the main island of Puerto Rico.
(2) Prior to Hurricane Maria, residents of Vieques were served by an urgent medical care facility, the Susana Centeno Family Health Center, and residents had to travel off-island to obtain medical services, including most types of emergency care because the facility did not have the basic use of x-ray machines, CT machines, EKG machines, ultrasounds, or PET scans.
(3) The predominant means of transporting passengers and goods between Vieques and the main island of Puerto Rico is by ferry boat service, and over the years, the efficiency of this service has frequently been disrupted, unreliable, and difficult for cancer patients to endure to receive treatment. Each trip to Ceiba, Puerto Rico, for the cancer patient is an additional out-of-pocket expense ranging from $120 to $200.
(4) The United States Military maintained a presence on the eastern and western portions of Vieques for close to 60 years, and used parts of the island as a training range during those years, dropping over 80 million tons of ordnance and other weaponry available to the United States military since World War II.
(5) The unintended, unknown, and unavoidable consequences of these exercises were to expose Americans living on the islands to the residue of that weaponry which includes heavy metals and many other chemicals now known to harm human health.
(6) According to Government and independent documentation, the island of Vieques has high levels of heavy metals and has been exposed to chemical weapons and toxic chemicals. Since the military activity in Vieques, island residents have suffered from the health impacts from long-term exposure to environmental contamination as a result of 62 years of military operations, and have experienced higher rates of certain diseases among residents, including cancer, cirrhosis, hypertension, diabetes, heavy metal diseases, along with many unnamed and uncategorized illnesses. These toxic residues have caused the American residents of Vieques to develop illnesses due to ongoing exposure.
(7) In 2017, Vieques was hit by Hurricane Maria, an unusually destructive storm that devastated Puerto Rico and intensified the existing humanitarian crisis on the island by destroying existing medical facilities.
(8) The medical systems in place prior to Hurricane Maria were unable to properly handle the health crisis that existed due to the toxic residue left on the island by the military's activities.
(9) After Maria, the medical facility was closed due to damage and continues to be unable to perform even the few basic services that it did provide. Vieques needs a medical facility that can treat and address the critical and urgent need to get life-saving medical services to its residents. Due to legal restrictions, the Federal Emergency Management Agency (in this section referred to as "FEMA") is unable to provide a hospital where its capabilities exceed the abilities of the facility that existed prior to Maria; therefore Vieques needs assistance to build a facility to manage the vast health needs of its residents.
(10) Every American has benefitted from the sacrifices of those Americans who have lived and are living on Vieques and it is our intent to acknowledge that sacrifice and to treat those Americans with the same respect and appreciation that other Americans enjoy.
(11) In 2012, the residents of Vieques were denied the ability to address their needs in Court due to sovereign immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD (D.P.R.). However, the United States Court of Appeals for the First Circuit referred the issue to Congress and urged it to address the humanitarian crisis. This bill attempts to
satisfy that request such that Americans living on Vieques have a remedy for the suffering they have endured.
(c) Settlement of Claims Against the United States for Certain Residents of the Island of Vieques, Puerto Rico.--
(1) Appointment of special master.--
(A) In general.--The Attorney General shall appoint a Special Master not later than 90 days after the date of the enactment of this Act to consider claims by the Municipality of Vieques.
(B) Qualifications.--The Attorney General shall consider the following in choosing the Special Master:
(i) The individual's experience in the processing of victims' claims in relation to foreign or domestic governments.
(ii) The individual's balance of experience in representing the interests of the United States.
(iii) The individual's experience in matters of national security.
(iv) The individual's demonstrated abilities in investigation and fact findings in complex factual matters.
(v) Any experience the individual has had advising the United States Government.
(2) Award amounts related to claims by the municipality of vieques.--
(A) Award.--The Special Master, in exchange for its administrative claims, shall provide the following as compensation to the Municipality of Vieques:
(i) Staff.--The Special Master shall oversee the construction of a level three trauma center (in this section, referred to as "medical facility") with a cancer center and renal dialysis unit and its equipment. The medical facility shall be able to treat life-threatening, chronic, heavy metal, and physical and mental diseases. The medical facility shall be able to provide basic x-ray, EKG, internal medicine expertise, medical coordination personnel and case managers, ultrasound, and resources necessary to screen residents of Vieques for diseases, illnesses, cancers, or any other prevailing health problems on Vieques.
(ii) Operations.--The Special Master shall provide medical care for pediatric and adult patients who reside on the island of Vieques, and have been determined by the by the Special Master to meet the requirements of paragraph (1) allowing the patients to be referred for tertiary and quaternary health care facilities when necessary, and providing the transportation and medical costs when traveling off the island of Vieques.
(iii) Interim services.--Before the medical facility on the island of Vieques is operational, the Special Master shall provide to claimants described in paragraph (1) who are receiving treatment for the diseases or illnesses described in subparagraph (C) of that paragraph--
(I) urgent health care air transport to hospitals on the mainland of Puerto Rico from the island of Vieques;
(II) medical coordination personnel and case managers;
(III) telemedicine communication abilities; and
(IV) any other services that are necessary to alleviate the health crisis on the island of Vieques.
(iv) Screening.--The Special Master shall make available, at no cost to the patient, medical screening for cancer, cirrhosis, diabetes, and heavy metal contamination on the island of Vieques.
(v) Academic partner.--The Special Master shall appoint an academic partner, with appropriate experience and an established relationship with the Municipality of Vieques, that shall--
(I) lead a research and outreach endeavor on behalf of the Municipality of Vieques;
(II) select the appropriate scientific expertise and administer defined studies, conducting testing and evaluation of the soils, seas, plant and animal food sources, and the health of residents; and
(III) determine and implement the most efficient and effective way to reduce the environmental toxins to a level sufficient to return the soils, seas, food sources, and health circumstances to a level that reduces the diseases on the island of Vieques to the average in the United States.
(vi) Duties.--The Special Master shall provide amounts necessary for the academic partner and medical coordinator to carry out the duties described in clauses (i) through (iv).
(vii) Procurement.--The Special Master shall provide amounts necessary to compensate the Municipality of Vieques for--
(I) contractual procurement obligations and additional expenses incurred by the Municipality of Vieques as a result of the enactment of this section and settlement of its claim; and
(II) any other damages and costs to be incurred by the Municipality of Vieques, if the Special Master determines that it is necessary to carry out the purpose of this section.
(viii) Power source.--The Special Master shall determine the best source of producing independent power on the island of Vieques that is hurricane resilient and can effectively sustain the needs of the island and shall oversee the construction of the power source through funds provided by the Federal Emergency Management Agency and the government of Puerto Rico.
(B) Source.--
(i) In general.--Except as provided in clause (ii), amounts awarded under this section shall be made from amounts appropriated under section 1304 of title 31, United States Code, commonly known as the "Judgment Fund", as if claims were adjudicated by a United States District Court under section 1346(b) of title 28, United States Code.
(ii) Limitation.--Total amounts awarded under this section shall not exceed $350,000,000.
(C) Determination and payment of claims.--
(i) Establishment of filing procedures.--The Attorney General shall establish procedures whereby the Municipality of Vieques may submit claims for payments under this section to the Special Master.
(ii) Determination of claims.--The Special Master shall, in accordance with this subsection, determine whether the municipal claim meets the requirements of this section. Claims filed by residents of the island of Vieques that have been disposed of by a court under chapter 171 of title 28, United States Code, shall be treated as if such claims are currently filed.
(3) Action on claims.--The Special Master shall make a determination on any claim filed under the procedures established under this section not later than 150 days after the date on which the claim is filed.
(4) Payment in full settlement of claims by the municipality of vieques against the united states.--The acceptance by the Municipality of Vieques of a payment of an award under this section shall--
(A) be final and conclusive;
(B) be deemed to be in full satisfaction of all claims under chapter 171 of title 28, United States Code; and
(C) constitute a complete release by the Municipality of Vieques of such claim against the United States and against any employee of the United States acting in the scope of employment who is involved in the matter giving rise to the claim.
(5) Limitation on claims.--A claim to which this section applies shall be barred unless the claim is filed within 15 years after the date of the enactment of this Act.
(6) Attorney's fees.--A representative of the Municipality of Vieques shall receive 17 percent of the amount of the claim for services rendered for filing claims under this section.
______
SA 6396. Mr. HAGERTY (for himself, Ms. Alsobrooks, Mrs. Hyde-Smith, Ms. Cortez Masto, and 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:
Text printed in the Record (11,736 characters)
At the end of subtitle G of title X, add the following:
SEC. _____. TRANSACTION ACCOUNT INSURANCE.
(a) Depository Institutions.--
(1) In general.--Section 11(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)) is amended by striking subparagraph (B) and inserting the following:
"(B) Net amount of insured deposit.--
"(i) In general.--The net amount due to any depositor at an insured depository institution shall not exceed the sum of--
"(I) the standard maximum deposit insurance amount as determined in accordance with subparagraphs (C), (D), (E), and (F) and paragraph (3); and
"(II) the net amount under clause (ii).
"(ii) Insurance for noninterest-bearing transaction accounts.--
"(I) In general.--Except as provided in subclause (IV), not later than the end of the 6-month period beginning on the date of enactment of this clause, the Corporation shall insure the net amount that any depositor maintains, in the aggregate, in 1 or more noninterest-bearing transaction accounts at an insured depository institution, in the amount determined under subclause (II).
"(II) Insured amount.--The Corporation and the National Credit Union Administration shall jointly issue a final rule to establish the maximum amount for insurance described in subclause (I), which shall be in an amount that is--
"(aa) not less than the standard maximum deposit insurance amount and standard maximum share insurance amount on the date such rule is issued;
"(bb) not more than $5,000,000; and
"(cc) based on considerations of enhancing the financial stability of the banking and credit union systems, promoting economic growth, and providing for the safety of the Deposit Insurance Fund and the National Credit Union Share Insurance Fund.
"(III) Aggregation.--For the purpose of determining the net amount due to any depositor under subclause (I), the Corporation shall aggregate the amounts of all deposits in noninterest-bearing transaction accounts at insured depository institutions that are subsidiaries of a single depository institution holding company.
"(IV) Exclusion.--
"(aa) Definition.--In this subclause, the term `foreign bank' does not include any bank organized under the laws of any territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, the deposits of which are insured by the Corporation pursuant to this Act.
"(bb) Exclusion.--The Corporation may not insure under subclause (I) amounts maintained at--
"(AA) any insured depository institution that is a subsidiary of a bank holding company that is identified as a global systemically important BHC under section 217.402 of title 12, Code of Federal Regulations (or any successor regulation); or
"(BB) any insured branch of a foreign bank.
"(cc) Rule of construction.--Nothing in this subclause may be construed to exclude any insured depository institution described in subitem (AA) from the standard maximum deposit insurance amount described in clause (i)(I).
"(V) No subsequent adjustments.--After the Corporation issues a rule pursuant to subclause (II), the amount of insurance provided under subclause (I) may not subsequently be modified or repealed except by an Act of Congress.".
(2) Technical and conforming amendment.--Section 3(m) of the Federal Deposit Insurance Act (12 U.S.C. 1813(m)) is amended--
(A) in paragraph (1), by inserting ", including deposits in a noninterest-bearing transaction account," after "deposits"; and
(B) by adding at the end the following:
"(5) Noninterest-bearing transaction account.--The term `noninterest-bearing transaction account' means a deposit or account maintained at an insured depository institution--
"(A) with respect to which interest is neither accrued nor paid;
"(B) on which the depositor or account holder is permitted to make withdrawals by negotiable or transferable instrument, payment orders of withdrawal, telephone or other electronic media transfers, or other similar items for the purpose of making payments or transfers to third parties or others; and
"(C) on which the insured depository institution does not reserve the right to require advance notice of an intended withdrawal.".
(3) Assessments.--During the transition period under subsection (c), no insured depository institution with total assets of $10,000,000,000 or less shall be required to pay--
(A) any special assessment under section 7(b)(5) or 13(c)(4)(G) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(5), 1823(c)(4)(G)) as a condition to insurance on a noninterest-bearing transaction account, as defined in paragraph (5) of section 3(m) of the Federal Deposit Insurance Act (12 U.S.C. 1813(m)), as added by paragraph (2) of this subsection; or
(B) any increase in assessments under section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) solely to offset any impact on the reserve ratio arising out of the extension of insurance to noninterest-bearing transaction accounts in excess of the standard maximum deposit insurance amount as determined in accordance with subparagraphs (C), (D), (E), and (F) of paragraph (1) and paragraph (3) of section 11(a) of that Act (12 U.S.C. 1821(a)).
(b) Credit Unions.--
(1) In general.--Section 207(k)(1)(A) of the Federal Credit Union Act (12 U.S.C. 1787(k)(1)(A)) is amended--
(A) by striking "Subject to the provisions of paragraph (2), the net amount" and inserting the following:
"(i) Net amount of insurance payable.--Subject to clause (ii) and the provisions of paragraph (2), the net amount"; and
(B) by adding at the end the following:
"(ii) Insurance for noninterest-bearing transaction accounts.--
"(I) In general.--Notwithstanding clause (i), not later than the end of the 6-month period beginning on the date of enactment of this clause, the Board shall insure the net amount that any member, or any person with funds lawfully held in a member account, maintains, in the aggregate, in 1 or more noninterest-bearing transaction accounts at an insured credit union.
"(II) Insured amount.--The Administration and the Federal Deposit Insurance Corporation shall jointly issue a final rule to establish the maximum amount for insurance described in subclause (I), which shall be in an amount that is--
"(aa) not less than the standard maximum share insurance amount and the standard maximum deposit insurance amount on the date such rule is issued;
"(bb) not more than $5,000,000; and
"(cc) based on considerations of enhancing the financial stability of the banking and credit union systems, promoting economic growth, and providing for the safety of the Fund and the Deposit Insurance Fund.
"(III) Exclusion.--The amount described in subclause (I) shall not be taken into account when computing the net amount due to a member, or to any person with funds lawfully held in a member account, described in that subclause under clause (i).".
"(IV) No subsequent adjustments.--Beginning on the date on which a rule is issued under subclause (II), the amount of insurance provided under subclause (I) may not subsequently be modified or repealed except by an Act of Congress.".
(2) Technical and conforming amendments.--Section 101 of the Federal Credit Union Act (12 U.S.C. 1752) is amended--
(A) in paragraph (5), by inserting "such terms mean a noninterest-bearing transaction account," after "Act,";
(B) in paragraph (8), by striking "and" at the end;
(C) in paragraph (9), by striking the period at the end and inserting "; and"; and
(D) by adding at the end the following:
"(10) The term `noninterest-bearing transaction account' means an account of a member, or nonmember that is eligible to maintain an insured account, maintained at an insured credit union--
"(A) with respect to which interest is neither accrued nor paid;
"(B) on which the member or account holder is permitted to make withdrawals by negotiable or transferable instrument, payment orders of withdrawal, telephone or other electronic media transfers, or other similar items for the purpose of making payments or transfers to third parties or others; and
"(C) on which the insured credit union does not reserve the right to require advance notice of an intended withdrawal.".
(c) Transition Period.--
(1) Depository institutions.--
(A) In general.--Notwithstanding any other provision of law, insured deposits in noninterest-bearing transaction accounts, as described in clause (ii) of section 11(a)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)(B)), as added by subsection (a)(1) of this section, shall be included in the determination of the value of the estimated insured deposits described in sections 3(y)(3) and 7(b)(3)(B) of that Act (12 U.S.C. 1813(y)(3), 1817(b)(3)(B)) in accordance with the plan required under subparagraph (B).
(B) Plan.--Not later than 1 year after the date of enactment of this Act, the Federal Deposit Insurance Corporation shall publish in the Federal Register a plan for gradually increasing, during the period ending on the date that is 10 years after the date of enactment of this Act, the portion of insured deposits described in subparagraph (A) in the determination described in that subparagraph, reaching 100 percent at the end of the period.
(2) Credit unions.--
(A) In general.--Notwithstanding any other provision of law, insured shares in noninterest-bearing transaction accounts, as described in clause (ii) of section 207(k)(1)(A) of the Federal Credit Union Act (12 U.S.C. 1787(k)(1)(A)), as added by subsection (b)(1) of this section, shall be included in the determination of the value of the aggregate amount of the insured shares, as defined in section 202(h) of that Act (12 U.S.C. 1782(h)), in accordance with the plan required under subparagraph (B).
(B) Plan.--Not later than 1 year after the date of enactment of this Act, the National Credit Union Administration Board shall publish in the Federal Register a plan for gradually increasing, during the period ending on the date that is 10 years after the date of enactment of this Act, the portion of insured shares described in subparagraph (A) in the determination described in that subparagraph, reaching 100 percent at the end of the period.
(C) Capitalization deposit.--For purposes of section 202(c)(1) of the Federal Credit Union Act (12 U.S.C. 1782(c)(1)), insured shares described in subparagraph (A) shall be taken into account only to the extent such insured shares are included under the plan required under subparagraph (B).
(D) Regulations.--The National Credit Union Administration may issue such regulations, orders, or guidance as necessary or appropriate to carry out subparagraphs (A), (B), and (C) and to administer section 202 of the Federal Credit Union Act (12 U.S.C. 1782) in a manner consistent with the transition period described in subparagraph (B).
(d) Regulations.--The Federal Deposit Insurance Corporation and the National Credit Union Administration may promulgate regulations carrying out the amendments made by this section, including prohibiting insured depository institutions, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813), insured credit unions, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752), and third parties, as applicable, from evading the limitation of insurance established under those amendments to only--
(1) noninterest-bearing transaction accounts;
(2) deposits or accounts at insured depository institutions not excluded under clause (ii)(IV) of section 11(a)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)(B)), as added by subsection (a) of this section; and
(3) shares, deposits, or accounts at insured credit unions.
______
SA 6397. Mr. CRUZ (for himself and Ms. Cantwell) 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:
Text printed in the Record (1,736 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. AUTHORIZATION OF APPROPRIATIONS FOR THE COAST
GUARD.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking "fiscal years 2022 and 2023" and inserting "fiscal years 2026 and 2027";
(2) in paragraph (1)--
(A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following:
"(i) $11,851,875,000 for fiscal year 2026; and
"(ii) $13,500,000,000 for fiscal year 2027.";
(B) in subparagraph (B), by striking "$23,456,000" and inserting "$25,570,000"; and
(C) in subparagraph (C), by striking "subparagraph (A)(ii), $24,353,000" and inserting "clause (ii) of subparagraph (A), $26,848,500";
(3) in paragraph (2)(A), by striking clauses (i) and (ii) and inserting the following:
"(i) $3,651,480,000 for fiscal year 2026; and
"(ii) $3,700,000,000 for fiscal year 2027.";
(4) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following:
"(A) $67,701,000 for fiscal year 2026; and
"(B) $70,000,000 for fiscal year 2027."; and
(5) by striking paragraph (4) and inserting the following:
"(4) For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for purposes of retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10--
"(A) $1,057,929,000 for fiscal year 2026; and
"(B) $1,215,000,000 for fiscal year 2027.".
______
SA 6398. Mr. RICKETTS (for himself and Mr. Kim) 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:
Text printed in the Record (10,212 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. 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 Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and 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 Secretary of Commerce, acting through 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 Secretary of Commerce, acting through 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, in which the Secretaries 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 Secretary of Commerce, acting through 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 Secretary of Commerce, acting through 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 Secretary of Commerce, acting through 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 Secretary of Commerce 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 Secretary of Commerce 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 Secretary of Commerce 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 Secretary of Commerce, acting through 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 Secretary of Commerce 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 the Secretaries have 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 Secretary of Commerce, acting through 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 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 Secretary of Commerce, acting through 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 Secretary of Commerce, acting through 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 Secretary of Commerce, acting through 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 Secretary of Commerce, acting through 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 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.
Text printed in the Record (5,736 characters)
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 Secretary of Commerce, acting through 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 Secretary of Commerce, acting through 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.
______
SA 6399. Mr. RICKETTS (for himself and Mr. Coons) 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:
Text printed in the Record (11,797 characters)
At the end of title XII, add the following:
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Taiwan Energy Security and Anti-Embargo Act of 2026".
SEC. 1272. FINDINGS.
Congress makes the following findings:
(1) Taiwan is a vital democratic partner the energy security of which is critical to the strategic interests of the United States in the Indo-Pacific region.
(2) Enhancing Taiwan's energy resilience through diversified and reliable sources reduces vulnerability to coercion, disruption, or attack by authoritarian regimes.
(3) The United States possesses abundant supplies of energy resources, technologies, and expertise that support economic growth, job creation, and the national security interests of the United States.
(4) Promoting United States energy exports to and partnerships with Taiwan aligns with United States energy diplomacy objectives, strengthens bilateral economic and security ties, and contributes to regional stability.
(5) Taiwan's energy infrastructure, including electric grid systems and liquefied natural gas import facilities, is vulnerable to asymmetric and kinetic threats from the People's Republic of China.
(6) Supporting Taiwan's efforts to improve the resilience and security of its energy infrastructure advances deterrence and promotes continuity of government operations in the event of a crisis.
SEC. 1273. PROMOTION OF UNITED STATES ENERGY EXPORTS AND
ENERGY INFRASTRUCTURE RESILIENCE FOR TAIWAN.
The Taiwan Enhanced Resilience Act (22 U.S.C. 3351 et seq.) is amended by adding at the end the following:
"PART 8--PROMOTION OF UNITED STATES ENERGY EXPORTS AND ENERGY
INFRASTRUCTURE RESILIENCE FOR TAIWAN
"SEC. 5540A. DEFINITIONS.
"In this part:
"(1) Appropriate congressional committees.--The term `appropriate congressional committees' means--
"(A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, and the Committee on Energy and Natural Resources of the Senate; and
"(B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.
"(2) Asymmetric threat.--The term `asymmetric threat' means a threat posed by unconventional means, including a cyberattack, sabotage, or economic coercion, designed to undermine or disrupt the operation of critical infrastructure.
"SEC. 5540B. PROMOTION OF UNITED STATES ENERGY EXPORTS TO
TAIWAN.
"(a) In General.--The Secretary of State, in coordination with the Secretary of Commerce and the Secretary of Energy, may prioritize efforts to support and facilitate--
"(1) United States energy exports to Taiwan; and
"(2) the development of energy projects that diversify Taiwan's energy sources.
"(b) Activities.--In carrying out subsection (a), the Secretaries may--
"(1) engage with United States liquefied natural gas producers, exporters, and infrastructure entities to identify and address barriers to liquefied natural gas exports and storage projects intended for the market of Taiwan;
"(2) facilitate coordination between United States private sector entities, relevant governing authorities, and private sector stakeholders in Taiwan, including to promote investment in energy projects in Taiwan and the export of United States technologies to Taiwan;
"(3) provide diplomatic and technical support for liquefied natural gas exports, exports of other United States energy resources and technologies, and storage and related infrastructure for any relevant energy projects linked to Taiwan;
"(4) consult with Taiwan to assess and strengthen liquefied natural gas import and storage capabilities; and
"(5) coordinate interagency efforts to ensure cohesive and sustained United States support for Taiwan's energy security.
"SEC. 5540C. ENERGY INFRASTRUCTURE RESILIENCE CAPACITY
BUILDING.
"(a) Requirement.--Not later than 180 days after the date of the enactment of the Taiwan Energy Security and Anti-Embargo Act of 2026, the Secretary of State, in coordination with the Secretary of Defense and the Secretary of Energy, may seek to engage with appropriate officials of Taiwan for the purpose of cooperating with the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Defense, and the head of any other applicable ministry of Taiwan for capacity building to enhance energy infrastructure resilience, including defensive military cybersecurity activities.
"(b) Identification of Activities.--In carrying out subsection (a), the Secretary of State may identify cooperative activities--
"(1) to enhance cybersecurity programs to protect grid operating systems, liquefied natural gas and other energy storage terminals, and supervisory control and data acquisition systems;
"(2) to support physical security improvements, operational redundancy, and continuity-of-operations planning;
"(3) to engage in joint training exercises and scenario-based planning with relevant agencies in Taiwan; and
"(4) to support workforce development, emergency response planning, and institutional modernization of energy sector operators.
"(c) United States-Taiwan Energy Security Center.--The Secretary of State, in coordination with the Secretary of Energy, may establish a joint United States-Taiwan Energy Security Center in the United States, leveraging the expertise of institutions of higher education and private sector entities to foster dialogue and collaboration for academic cooperation in energy security and resilience.
"(d) Authorization of Assistance.--The Secretary of State, in coordination with the Secretary of Defense and the Secretary of Energy, may provide technical assistance to support the activities described in subsection (b) or the center described in subsection (c).
"(e) Implementation.--
"(1) In general.--Assistance under this section shall be provided through the American Institute in Taiwan and in consultation with relevant authorities in Taiwan, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.).
"(2) Notification.--Any assistance provided by the Department of State pursuant this section shall be subject to the regular notification requirements of section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
"(f) Briefings.--Not later than 180 days after the date of the enactment of the Taiwan Energy Security and Anti-Embargo Act of 2026, the Secretary of State, in coordination with the Secretary of Defense and the Secretary of Energy, shall provide to the appropriate congressional committees a briefing on the implementation of this section.
"SEC. 5540D. ANNUAL REPORT.
"(a) In General.--Not later than 180 days after the date of the enactment of the Taiwan Energy Security and Anti-Embargo Act of 2026, and annually thereafter for 3 years, the Secretary of State, in coordination with the Secretary of Commerce, the Secretary of Energy, and the Secretary of Defense, shall submit to the appropriate congressional committees a report that--
"(1) describes actions taken under this part;
"(2) identifies barriers to--
"(A) increased United States energy exports to Taiwan;
"(B) increased investment in Taiwan's energy sector that would strengthen Taiwan's energy resilience;
"(C) energy infrastructure security cooperation; and
"(D) enhancing the resilience of Taiwan's energy supply against economic coercion and supply chain disruptions, with due consideration for national security implications;
"(3) evaluates the effectiveness of capacity building and technical assistance activities carried out under section 5540C; and
"(4) provides recommendations to expand and diversify Taiwan's energy sources and improve future bilateral energy cooperation between the United States and Taiwan.
"(b) Form.--Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.".
SEC. 1274. TRAINING TO IMPROVE TAIWAN'S CRITICAL ENERGY
INFRASTRUCTURE PROTECTION.
Section 5504(a)(3) of the Taiwan Enhanced Resilience Act (22 U.S.C. 3353(a)(3)) is amended by inserting after "capabilities" the following: "and critical energy infrastructure protection".
SEC. 1275. FINDINGS AND SENSE OF CONGRESS REGARDING TAIWAN'S
USE OF NUCLEAR ENERGY.
(a) Findings.--Congress makes the following findings:
(1) According to the International Atomic Energy Agency, nuclear energy--
(A) is the second safest source of energy;
(B) is one of only 2 clean energies that offer non-stop baseload power required for sustainable economic growth and improved human welfare; and
(C) when compared with other sources of electricity from cradle to grave, has the lowest carbon footprint, uses fewer materials, and takes up less land.
(2) A nuclear fuel assembly lasts up to 6 years, making supply more resistant to maritime disruption.
(3) Taiwan has built a robust civilian nuclear capability over previous decades that has shown the potential to provide clean, reliable power to Taiwan.
(4) On May 17, 2025, the Maanshan-2, Taiwan's last operating nuclear power plant, was shut down after its 40-year operating license expired.
(5) There are compelling economic and security reasons to evaluate placing existing infrastructure back in service to ensure Taiwan has clean, reliable power that is more resilient in a contingency.
(6) As a result of Taiwan's substantial use of energy in industrial manufacturing and production, and emerging energy requirements for electrification, artificial intelligence, and data center support, there is considerable benefit for Taiwan to evaluate new small modular reactors technology to augment its energy capacity and resilience.
(7) As Taiwan modernizes its military, the power demand from command-and-control systems, intelligence platforms, drone operations, and joint battlespace integration will continue to increase.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is in the interests of both the United States and Taiwan for Taiwan--
(A) to maintain nuclear power as an energy source; and
(B) to utilize new nuclear technologies, including Gen III+ nuclear reactors and small modular reactor technology; and
(2) the United States should prioritize assistance and cooperation with Taiwan on nuclear energy to improve technology exports and job creation in the United States and energy security and resilience in Taiwan.
SEC. 1276. INSURANCE FOR VESSELS TRANSPORTING VITAL GOODS TO
STRATEGIC PARTNERS.
Section 53902 of title 46, United States Code, is amended by adding at the end the following:
"(d) Vessels Transporting Vital Goods to Strategic Partners.--
"(1) In general.--The Secretary of Transportation may provide insurance and reinsurance under this chapter for any vessel engaged in commerce transporting critical energy, humanitarian, or other goods to Taiwan or another strategic partner of the United States that is facing coercive maritime threats if the Secretary determines, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, that providing such insurance or reinsurance is necessary to support vital strategic commerce or to deter coercive maritime behavior that undermines regional security.
"(2) Nonapplicability of certain condition.--The condition under section 53902(c) shall not apply with respect to a vessel described in paragraph (1).".
SEC. 1277. RULE OF CONSTRUCTION REGARDING CONTINUED UNITED
STATES POLICY TOWARD TAIWAN AND THE GOVERNMENT
OF THE PEOPLE'S REPUBLIC OF CHINA.
Nothing in this subtitle may be construed as a change to the One China Policy of the
United States, which is guided by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the three United States-People's Republic of China Joint Communiques, and the Six Assurances.
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SA 6400. Mr. RICKETTS (for himself, Mr. Kim, Mr. Risch, and Mr. Schumer) 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:
Text printed in the Record (10,807 characters)
At the appropriate place in title X, insert the following:
SEC. 10___. MULTILATERAL ALIGNMENT OF CONTROLS ON
SEMICONDUCTOR MANUFACTURING EQUIPMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) export controls on semiconductor manufacturing equipment and components represent one of the United States' most effective defenses of this foundational technology;
(2) advanced computing applications like artificial intelligence are transforming military affairs and the balance of power;
(3) the United States and its allies have an advantage in the foundational technologies that underpin advanced computing applications, including advanced-node integrated circuits and the equipment and software required to design and produce advanced-node integrated circuits;
(4) robust controls on semiconductor manufacturing equipment and components have been a bipartisan priority across multiple administrations, reflecting a shared recognition that protecting America's semiconductor advantage is essential to national security;
(5) the adversaries of the United States are exploiting gaps in the current export control regime;
(6) certain entities, including ChangXin Memory Technologies, Hua Hong Semiconductor Limited, Huawei Technologies Company, Semiconductor Manufacturing International Corporation, and Yangtze Memory Technologies Corporation are engaged in efforts to produce advanced-node integrated circuits that are especially crucial for the Military-Civil Fusion efforts of the People's Republic of China and warrant comprehensive export controls to prevent those companies from accessing items made with United States technologies;
(7) companies located in adversary countries that produce semiconductor manufacturing equipment are critical to adversaries' efforts to overcome exports controls to develop advanced-node integrated circuit production capabilities, and such companies should not be permitted to utilize or benefit from United States or allied technology or components;
(8) the United States Government should work closely with allies and partners of the United States to align export controls on semiconductor manufacturing equipment and components to prevent gaps in controls, reduce the risk of circumvention, and ensure a level global playing field; and
(9) securing a diplomatic agreement, including through the use of positive incentives to encourage adoption of these controls, is the best and most sustainable path to alignment.
(b) Identifying Chokepoints.--Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the covered agency heads shall--
(1) jointly 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.
(c) Diplomatic Engagement.--
(1) In general.--The covered agency heads shall prioritize and, upon the date of the enactment of this Act, immediately engage in diplomatic efforts to 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 for the export of all applicable items to any covered facility and the servicing of all applicable items at any covered facility, with a policy of denying such license.
(2) Briefing on diplomatic efforts.--Not later than 90 days after the date of the enactment of this Act, the covered agency heads shall provide a briefing to members of the appropriate congressional committees that--
(A) describes the status of diplomatic efforts to secure the adoption by allied supplier countries of the controls described in paragraph (1);
(B) outlines and assesses positive incentives to encourage adoption of these controls; and
(C) identifies--
(i) countries that have not adopted the controls described in paragraph (1)(A);
(ii) countries that have not adopted the controls described in paragraph (1)(B); and
(iii) measures that the United States has taken to implement the controls described in subparagraphs (A) and (B) of paragraph (1).
(d) Application of Controls and Exhaustion of Diplomatic Recourse.--
(1) Application of controls.--Not later than 150 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, in consultation with the Secretary of State, shall issue regulations that--
(A) apply countrywide controls to covered semiconductor manufacturing equipment produced in the United States; and
(B) apply comprehensive end-user or end-use restrictions to all covered facilities located in countries of concern.
(2) Exhaustion of diplomatic recourse.--Except as provided in paragraph (4), for each allied supplier country, the covered agency heads 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--
(i) countrywide controls, or policies that have the same practical effect, on all semiconductor manufacturing equipment that is subject to the jurisdiction of the allied supplier country; and
(ii) licensing requirements, with a policy of denying the license, for the export of all applicable items to any covered facility, or other policies with the same practical effect; or
(B)(i) the country has not adopted the controls described in subparagraph (A) or (B) of subsection (c)(1);
(ii) the covered agency heads have prioritized and exhausted available diplomatic channels;
(iii) such channels have failed to secure export controls from the allied supplier country that have the same practical effect as those described in subparagraphs (A) and (B) of subsection (c)(1); and
(iv) continued delay would materially undermine the national security of the United States.
(3) Extension of controls.--For each allied supplier country for which the covered agency heads submitted a certification described in paragraph (2)(B), the Secretary of Commerce, in consultation with the Secretary of State, shall issue regulations that--
(A) establish jurisdiction over and apply countrywide controls, by directly controlling the equipment, indirectly restricting the end-use of essential components of such equipment, or both, to covered semiconductor manufacturing equipment exported from the allied supplier country; and
(B) require a license for the servicing of any applicable item that is also subject to the jurisdiction of the allied supplier country in any covered facility located in a country of concern and implement a policy of denying the license for such servicing; and
(C) establish jurisdiction over applicable items from the allied supplier country and apply end-user or end-use controls prohibiting the export of such items to any covered facility.
(4) National security waiver.--The covered agency heads may jointly grant a one-time waiver to extend the 150-day deadline for certification under paragraph (2) by not more than 90 days, if the covered agency heads, with concurrence from the Secretary of Defense and the Secretary of Energy, jointly--
(A) submit a report to the appropriate congressional committees describing--
(i) justification for why the deadline could not be met; and
(ii) the interim steps the covered agency heads have 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, despite the risk that countries of concern may take advantage of the delay to further stockpile covered semiconductor manufacturing equipment; and
(ii) 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 and implement controls that have the same practical effect as, or are more stringent than, the controls that would otherwise be imposed under paragraph (3).
(e) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the covered agency heads shall provide to the appropriate congressional committees a report that includes--
(1) a list of all covered semiconductor manufacturing equipment;
(2) a list of all entities that own or operate a covered facility;
(3) the scope of the countrywide controls imposed by the United States and allied supplier countries on each covered semiconductor manufacturing equipment identified pursuant to paragraph (1);
(4) a summary of diplomatic engagements and unilateral actions undertaken by the covered agency heads in the 12-months period prior to the submission of the report to close any gap among allied supplier countries in the countrywide controls imposed by such countries for covered semiconductor manufacturing equipment; and
(5) a certification that the export of any covered semiconductor manufacturing equipment to a country of concern and the export of any applicable items to any covered facility, or servicing of any such item located in
a country of concern, requires a license issued by the United States or an allied supplier country, with a policy of denying such license.
(f) Termination and Reimposition of Controls Upon Allied Action.--
(1) Termination or modification.--The Secretary of Commerce, in consultation with the Secretary of State, may terminate or modify any control imposed under subsection (d)(3) for items exported from an allied supplier country, if the country has established controls, including licensing policies, that have the same practical effect as those described in subsection (c)(1).
(2) Reimposition.--If, after terminating or modifying a control under paragraph (1), the covered agency heads determine that the allied supplier country has materially weakened, suspended, or revoked the control that justified the termination or modification under paragraph (1), the Secretary of Commerce shall, in consultation with the Secretary of State and 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 (d)(3) that was terminated or modified under paragraph (1).
(g) Rule of Construction.--Nothing in this Act may be construed as diminishing or superseding the authority of the Secretary of Commerce to control the export, reexport, or in-country transfer of items under the Export Control Reform Act of 2018 (50 U.S.C.
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4801 et seq.).
(h) Definitions.--In this section:
(1) Advanced-node integrated circuits.--The term "advanced-node integrated circuits" has the meaning given that term in section 772.1 of the Export Administration Regulations.
(2) Allied supplier country.--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) Applicable item.--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 contain 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) Appropriate congressional committees.--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) Capabilities comparable to those of the product sold by the global market leader.--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) Country of concern.--The term "country of concern" has the meaning given the term "covered nation" in section 4872(f) of title 10, United States Code.
(7) Countrywide controls.--The term "countrywide controls" means licensing requirements, with a policy of denying any such license, for the export, reexport, in-country transfer, or servicing of specified items to any destination within a country of concern, excluding exports 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) Covered agency heads.--The term "covered agency heads" means the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, and the Secretary of State.
(9) Covered facility.--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) any entity referenced in subparagraphs (A) or (B) of section 5949(j)(3) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 41 U.S.C. 4713 note);
(ii) Hua Hong Semiconductor Limited;
(iii) Huawei Technologies Company;
(iv) 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
(v) any entity that is a subsidiary, affiliate, or successor to, or has a joint venture, teaming agreement, joint development or research agreement, technology transfer or collaboration agreement, or other similar type of arrangement with an entity described in any of clauses (i) through (iv).
(10) Covered semiconductor manufacturing equipment.--The term "covered semiconductor manufacturing equipment"--
(A) means semiconductor manufacturing equipment or a component therefor that--
(i) is an applicable item; and
(ii) the covered agency heads determine 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 semiconductor manufacturing equipment, materials, and software that, as of the date of the enactment of this Act, require a license for the export, reexport, or in-country transfer to any destination in a country of concern;
(ii) all deep ultraviolet immersion photolithography machines, through silicon via deposition and etch tools, cryogenic etch equipment, and cobalt deposition equipment; and
(iii) all semiconductor manufacturing equipment or components specified in Export Control Classification Number 3B993 (as in effect on the date of the enactment of this Act) except any item the covered agency heads determine do not meet the requirements of subparagraph (A).
(11) Export; in-country transfer; reexport; export administration regulation.--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).
(12) In sufficient volumes.--The term "in sufficient volumes" means in volumes sufficient to meet 75 percent of current demand from all countries of concern.
(13) Servicing.--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.
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SA 6401. Mr. WELCH (for himself, Mr. Durbin, 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:
Text printed in the Record (840 characters)
In section 1224(a), strike paragraph (1) and insert the following:
(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 and the Secretary of Commerce, 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--
At the end of section 1224(d)(2)(B), add the following:
(viii) A description of non-regulatory opportunities to fast-track agency processing procedures to accelerate export of United States Munitions List-listed military explosives and Commerce Control List-listed dual-use precursors, manufacturing equipment, and components for production of covered systems in Ukraine.
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SA 6402. Mr. WELCH (for himself and 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:
Text printed in the Record (697 characters)
At the end of subtitle A of title X, add the following:
SEC. 1006. PROHIBITION AGAINST USING DEPARTMENT OF DEFENSE
FUNDING TO SUPPORT DOMESTIC IMMIGRATION
ENFORCEMENT OPERATIONS.
No amounts appropriated or otherwise made available to the Department of Defense may be used to enter into any new contract or agreement or to renew any existing contract or agreement if the primary purpose of such contract or agreement is expeditionary logistics, contingency contracting, base operations support, theater opening or sustainment contracting, or operational contract support, for the purpose of supporting
domestic immigration enforcement operations of the Department of Homeland Security.
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SA 6403. Mr. WELCH 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:
Text printed in the Record (1,365 characters)
At the appropriate place in title X, insert the following:
SEC. ___. CLASSIFIED BRIEFING AND REPORT ON
COUNTERINTELLIGENCE THREATS POSED BY GOVERNMENT
OF ISRAEL.
(a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Director of National Intelligence, provide to all members of Congress and appropriately cleared staff of members and committees of Congress a classified briefing, and submit to Congress and such members and committees a classified report, on counterintelligence threats posed by the Government of Israel.
(b) Elements.--The briefing and the report required by subsection (a) shall address the scope, intensity, and trends of espionage by the Government of Israel directed against--
(1) United States companies doing business with the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), including attendant risks to sensitive defense and intelligence-related intellectual property and proprietary corporate information;
(2) members and staff of Congress; and
(3) officials and agencies of the United States Government, including senior officials of the executive branch of the Federal Government engaged in sensitive negotiations with countries in the Middle East.
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SA 6404. Mr. WELCH 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:
Text printed in the Record (639 characters)
At the end of section 1217, add the following:
(c) Effective Date.--This section shall take effect upon certification by the Secretary of Defense, in collaboration with the Secretary of State and the Director of National Intelligence, that the military and security forces of the Government of Israel have not, during the three years preceding the date of the enactment of this Act, engaged in wanton destruction of civilian infrastructure, crimes against humanity, or ethnic cleansing in Lebanon, Gaza, the West Bank, or any other geographic area that came under the administration of the Government of Israel after June 5, 1967.
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SA 6405. Mr. SCHATZ 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:
Text printed in the Record (922 characters)
At the appropriate place in title X, insert the following:
SEC. ___. PENTAGON PRESS ACCESS.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall--
(1) restore to the press access to areas of the Pentagon that were accessible to the press on May 22, 2025, including the "Correspondence Corridor" and other designated press working spaces;
(2) restore to the press unescorted access to relevant areas of the Pentagon that were accessible without an escort on May 22, 2025;
(3) require the Pentagon Force Protection Agency to lead the process to manage press credentials; and
(4) prohibit any changes to press access at the Pentagon, including the designation of press work spaces, access areas, and press credentials, without prior consultation with the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
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SA 6406. Mr. SCHATZ 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:
Text printed in the Record (1,688 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1270A. COUNTER-PRC THREATS TO GLOBAL FREEDOM OF
EXPRESSION.
(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.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Democracy, Human Rights, and Labor, shall submit a report to the appropriate congressional committees that describes the Department of State's strategy for countering the People's Republic of China's threats to global freedom of expression.
(c) Elements.--The strategy required under subsection (b) shall include--
(1) specific measurable goals to counter the People's Republic of China's threats to global freedom of expression;
(2) a list of measures for how progress will be tracked with respect to meeting each goal of such strategy;
(3) the role and responsibilities of each relevant office, including the respective office's programmatic work in individual countries, in countering the People's Republic of China's threats to digital freedom and executing such strategy, including through the use of foreign assistance;
(4) a description of how the Department of State will routinely consult with relevant civil society organizations and stakeholders; and
(5) a description of any barriers to implementing such strategy.
(d) Form of Report.--Each report required under this section shall be submitted in unclassified form, but may include a classified annex.
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SA 6407. Mr. HEINRICH (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:
Text printed in the Record (10,849 characters)
At the end, add the following:
SEC. 5001. SHORT TITLE.
This division may be cited as the "Recovering America's Wildlife Act of 2026".
SEC. 5002. STATEMENT OF PURPOSE.
The purpose of this division is to extend financial and technical assistance to States, territories, the District of Columbia, and Indian Tribes, including under the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), for the purpose of avoiding the need to list species, or recovering species currently listed as a threatened species or an endangered species, under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or under State law.
SEC. 5101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b) is amended in subsection (c)--
(1) by redesignating paragraphs (2) and (3) as paragraphs (9) and (10); and
(2) by striking paragraph (1) and inserting the following:
"(1) Establishment of subaccount.--
"(A) In general.--There is established in the fund a subaccount to be known as the `Wildlife Conservation and Restoration Subaccount' (referred to in this section as the `Subaccount').
"(B) Availability.--Amounts in the Subaccount shall be available without further appropriation, for each fiscal year, for apportionment in accordance with this Act.
"(C) Deposits into subaccount.--The Secretary of the Treasury shall transfer from the general fund of the Treasury to the Subaccount--
"(i) for fiscal year 2028, $100,000,000;
"(ii) for fiscal year 2029, $300,000,000;
"(iii) for fiscal year 2030, $500,000,000;
"(iv) for fiscal year 2031, $700,000,000;
"(v) for fiscal year 2032, $900,000,000;
"(vi) for fiscal year 2033, $1,100,000,000; and
"(vii) for fiscal year 2034, and each fiscal year thereafter, $1,300,000,000.
"(2) Supplement not supplant.--Amounts transferred to the Subaccount shall supplement, but not replace, existing funds available to the States from--
"(A) the funds distributed pursuant to the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.); and
"(B) the fund.
"(3) Innovation grants.--
"(A) In general.--Beginning in fiscal year 2028, the Secretary shall distribute 10 percent of funds apportioned from the Subaccount through a competitive grant program to State fish and wildlife departments, the District of Columbia fish and wildlife department, fish and wildlife departments of territories, or to regional associations of fish and wildlife departments (or any group composed of more than 1 such entity).
"(B) Purpose.--Such grants shall be provided for the purpose of catalyzing innovation of techniques, tools, strategies, or collaborative partnerships that accelerate, expand, or replicate effective and measurable recovery efforts for species of greatest conservation need and species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the habitats of such species.
"(C) Review committee.--The Secretary shall appoint a review committee comprised of--
"(i) a State Director from each regional association of State fish and wildlife departments;
"(ii) the head of a department responsible for fish and wildlife management in a territory;
"(iii) one delegate from the United States Fish and Wildlife Service, for the purpose of providing technical assistance; and
"(iv) beginning in fiscal year 2028, four individuals representing four different nonprofit organizations each of which is actively participating in carrying out wildlife conservation restoration activities using funds apportioned from the Subaccount.
"(D) Support from united states fish and wildlife service.--Using not more than 3 percent of the amounts apportioned under subparagraph (A) to carry out a competitive grant program, the United States Fish and Wildlife Service shall provide any personnel or administrative support services necessary for such committee to carry out its responsibilities under this Act.
"(E) Evaluation.--Such committee shall evaluate each proposal submitted under this paragraph and recommend projects for funding, giving preference to solutions that accelerate the recovery of species identified as priorities through regional scientific assessments of species of greatest conservation need.
"(4) Use of funds.--Funds apportioned from the Subaccount shall be used for purposes consistent with section 5002 of the Recovering America's Wildlife Act of 2026 and--
"(A) shall be used to implement the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as required under section 4(e), by carrying out, revising, or enhancing existing wildlife and habitat conservation and restoration programs and developing and implementing new wildlife conservation and restoration programs to recover and manage species of greatest conservation need and the key habitats and plant community types essential to the conservation of those species, as determined by the appropriate State fish and wildlife department;
"(B) shall be used to develop, revise, and enhance the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as may be required by this Act;
"(C) shall be used to assist in the recovery of species found in the State, territory, or the District of Columbia that are listed as endangered species, threatened species, candidate species or species proposed for listing, or species petitioned for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or under State law;
"(D) may be used for wildlife conservation education and wildlife-associated recreation projects;
"(E) may be used to manage a species of greatest conservation need whose range is shared with another State, territory, Indian Tribe, or foreign government and for the conservation of the habitat of such species;
"(F) may be used to manage, control, and prevent invasive species, disease, and other risks to species of greatest conservation need; and
"(G) may be used for law enforcement activities that are directly related to the protection and conservation of a species of greatest conservation need and the habitat of such species.
"(5) Minimum required spending for endangered species recovery.--Not less than an average of 15 percent over a 5-year period of amounts apportioned to a State, territory, or the District of Columbia from the Subaccount shall be used for purposes described in paragraph (4)(C). The Secretary may reduce the minimum requirement of a State, territory, or the District of Columbia on an annual basis if the Secretary determines that the State, territory, or the District of Columbia is meeting the conservation and recovery needs of all species described in paragraph (4)(C).
"(6) Public access to private lands not required.--Funds apportioned from the Subaccount shall not be conditioned upon the provision of public access to private lands, waters, or holdings.
"(7) Requirements for matching funds.--
"(A) For the purposes of the non-Federal fund matching requirement for a wildlife conservation or restoration program or project funded by the Subaccount, a State, territory, or the District of Columbia may use as matching non-Federal funds--
"(i) funds from Federal agencies other than the Department of the Interior and the Department of Agriculture;
"(ii) donated private lands and waters, including privately owned easements;
"(iii) in circumstances described in subparagraph (B), revenue generated through the sale of State hunting and fishing licenses; and
"(iv) other sources consistent with part 80 of title 50, Code of Federal Regulations, in effect on the date of enactment of the Recovering America's Wildlife Act of 2026.
"(B) Revenue described in subparagraph (A)(iii) may only be used to fulfill the requirements of such non-Federal fund matching requirement if--
"(i) no Federal funds apportioned to the State fish and wildlife department of such State from the Wildlife Restoration Program or the Sport Fish Restoration Program have been reverted because of a failure to fulfill such non-Federal fund matching requirement by such State during the previous 2 years; and
"(ii) the project or program being funded benefits the habitat of a hunted or fished species and a species of greatest conservation need.
"(8) Definitions.--In this subsection, the following definitions apply:
"(A) Partnerships.--The term `partnerships' may include collaborative efforts with Federal agencies, State agencies, local agencies, Indian Tribes, nonprofit organizations, academic institutions, industry groups, and private individuals to implement a State's Wildlife Conservation Strategy.
"(B) Species of greatest conservation need.--The term `species of greatest conservation need' may be any species or subspecies, including terrestrial, semiaquatic, aquatic, marine, and invertebrate species that are of low population, declining, rare, or facing threats and in need of conservation attention, as determined by each State fish and wildlife department, with respect to funds apportioned to such State.
"(C) Territory and territories.--The terms `territory' and `territories' mean the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
"(D) Wildlife.--The term `wildlife' means any species of wild, freeranging fauna, including fish, and also fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range.".
(b) Allocation and Apportionment of Available Amounts.--Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking "to the District of Columbia and to the Commonwealth of Puerto Rico, each" and inserting "To the District of Columbia";
(ii) in subparagraph (B)--
(I) by striking "to Guam" and inserting "To Guam"; and
(II) by striking "not more than one-fourth of one percent" and inserting "not less than one-third of one percent"; and
(iii) by adding at the end the following:
"(C) To the Commonwealth of Puerto Rico, a sum equal to not less than 1 percent thereof.";
(B) in paragraph (2)(A)--
(i) by amending clause (i) to read as follows:
"(i) one-half of which is based on the ratio to which the land and water area of such State bears to the total land and water area of all such States;";
(ii) in clause (ii)--
(I) by striking "two-thirds" and inserting "one-quarter"; and
(II) by striking the period and inserting "; and"; and
(iii) by adding at the end the following:
"(iii) one-quarter of which is based upon the ratio to which the number of species listed as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C.
Text printed in the Record (11,874 characters)
1531 et seq.) in such State bears to the total number of such species listed in all such States.";
(C) by amending paragraph (2)(B) to read as follows:
"(B) The amounts apportioned under this paragraph shall be adjusted equitably so that no such State, unless otherwise designated, shall be apportioned a sum which is less than 1 percent or more than 5 percent of the amount available for apportionment under--
"(i) subparagraph (A)(i);
"(ii) subparagraph (A)(ii); and
"(iii) the overall amount available for subparagraph (A)."; and
(D) in paragraph (3), by striking "3 percent" and inserting "1.85 percent";
(2) in subsection (e)(4)--
(A) by amending subparagraph (B) to read as follows:
"(B) Not more than an average of 15 percent over a 5-year period of amounts apportioned to each State, territory, or the District of Columbia under this section for a wildlife conservation and restoration program may be used for wildlife conservation education and wildlife-associated recreation."; and
(B) by inserting after subparagraph (B), as so amended, the following:
"(C) 5 percent of amounts apportioned to each State, each territory, or the District of Columbia under this section for a wildlife conservation and restoration program shall be reserved for States and territories that include plants among their species of greatest conservation need and in the conservation planning and habitat prioritization efforts of their Wildlife Conservation Strategy. Each eligible State, territory, or the District of Columbia shall receive an additional 5 percent of their apportioned amount. Any unallocated resources shall be allocated proportionally among all States and territories under the formulas of this section."; and
(3) by adding at the end following:
"(f) Minimization of Planning and Reporting.--Nothing in this Act shall be interpreted to require a State to create a comprehensive strategy related to conservation education or outdoor recreation.
"(g) Accountability.--
"(1) In general.--Not more than one year after the date of enactment of the Recovering America's Wildlife Act of 2026 and every 3 years thereafter, each State fish and wildlife department shall submit a 3-year work plan and budget for implementing its Wildlife Conservation Strategy and a report describing the results derived from activities accomplished under subsection (e) during the previous 3 years to the United States Fish and Wildlife Service for review, which shall summarize such findings and submit a report to--
"(A) the Committee on Environment and Public Works of the Senate; and
"(B) the Committee on Natural Resources of the House of Representatives.
"(2) Requirements.--The format of the 3-year work plans, budgets, and reports required under paragraph (1) shall be established by the United States Fish and Wildlife Service, in consultation with the Association of Fish and Wildlife Agencies.
"(3) Gao study.--Not later than 7 years after the date of enactment of the Recovering America's Wildlife Act of 2026, the Comptroller General of the United States shall conduct a study to examine the progress of States, territories, the District of Columbia, and Indian Tribes towards achieving the purpose described in section 5002 of that Act.".
SEC. 5102. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(1) in paragraph (7), by striking "including fish,"; and
(2) in paragraph (9), by inserting "Indian Tribes, academic institutions," before "wildlife conservation organizations".
(b) Conforming Amendments.--The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended--
(1) in section 3--
(A) in subsection (a)--
(i) by striking "(1) An amount equal to" and inserting "An amount equal to"; and
(ii) by striking paragraph (2);
(B) in subsection (c)--
(i) in paragraph (9), as redesignated by section 101(a)(1), by striking "or an Indian tribe"; and
(ii) in paragraph (10), as redesignated by section 101(a)(1), by striking "Wildlife Conservation and Restoration Account" and inserting "Subaccount"; and
(C) in subsection (d), by striking "Wildlife Conservation and Restoration Account" and inserting "Subaccount";
(2) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d)--
(i) in the heading, by striking "Account" and inserting "Subaccount"; and
(ii) by striking "Account" each place it appears and inserting "Subaccount"; and
(B) in subsection (e)(1), by striking "Account" and inserting "Subaccount"; and
(3) in section 8 (16 U.S.C. 669g), in subsection (a), by striking "Account" and inserting "Subaccount".
SEC. 5103. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended--
(1) by redesignating section 14 as section 16; and
(2) by inserting after section 13 the following:
"SEC. 14. SAVINGS CLAUSE.
"Nothing in this Act shall be construed to enlarge or diminish the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the law and regulations of the State on lands and waters within the State, including on Federal lands and waters.
"SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
"If any conflict arises between any provision of this Act and any provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) or the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), then the provision in the Alaska National Interest Lands Conservation Act or the Alaska Native Claims Settlement Act shall prevail.".
SEC. 5201. INDIAN TRIBES.
(a) Definitions.--In this section:
(1) Account.--The term "Account" means the Tribal Wildlife Conservation and Restoration Account established by subsection (b)(1).
(2) Indian tribe.--The term "Indian Tribe" has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term "Secretary" means the Secretary of the Interior.
(4) Tribal species of greatest conservation need.--The term "Tribal species of greatest conservation need" means any species identified by an Indian Tribe as requiring conservation management because of declining population, habitat loss, or other threats, or because of their biological or cultural importance to such Tribe.
(5) Wildlife.--The term "wildlife" means--
(A) any species of wild flora or fauna including fish and marine mammals;
(B) flora or fauna in a captive breeding, rehabilitation, and holding or quarantine program, the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range or to maintain a species for conservation purposes; and
(C) does not include game farm animals.
(b) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury an account to be known as the "Tribal Wildlife Conservation and Restoration Account".
(2) Availability.--Amounts in the Account shall be available for each fiscal year without further appropriation for apportionment in accordance with this title.
(3) Deposits into account.--Beginning in fiscal year 2028, and for each fiscal year thereafter, the Secretary of the Treasury shall transfer $97,500,000 from the general fund of the Treasury to the Account.
(c) Distribution of Funds to Indian Tribes.--Each fiscal year, the Secretary of the Treasury shall deposit funds into the Account and distribute such funds through a noncompetitive application process according to guidelines and criteria, and reporting requirements determined by the Secretary of the Interior, acting through the Director of the Bureau of Indian Affairs, in consultation with Indian Tribes. Such funds shall remain available until expended.
(d) Wildlife Management Responsibilities.--The distribution guidelines and criteria described in subsection (c) shall be based, in part, upon an Indian Tribe's wildlife management responsibilities. Any funding allocated to an Indian Tribe in Alaska may only be used in a manner consistent with the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), and Public Law 85-508 (commonly known as the "Alaska Statehood Act") (48 U.S.C. note prec. 21). Alaska Native Corporations or Tribes may enter into cooperative agreements with the State of Alaska on conservation projects of mutual concern.
(e) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), the Secretary may distribute funds from the Account to an Indian Tribe for any of the following purposes:
(A) To develop, carry out, revise, or enhance wildlife conservation and restoration programs to manage Tribal species of greatest conservation need and the habitats of such species, as determined by the Indian Tribe.
(B) To assist in the recovery of species listed as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(C) For wildlife conservation education and wildlife-associated recreation projects.
(D) To manage a Tribal species of greatest conservation need and the habitat of such species, the range of which may be shared with a foreign country, State, or other Indian Tribe.
(E) To manage, control, and prevent invasive species as well as diseases and other risks to wildlife.
(F) For law enforcement activities that are directly related to the protection and conservation of wildlife.
(G) To develop, revise, and implement comprehensive wildlife conservation strategies and plans for such Tribe.
(H) For the hiring and training of wildlife conservation and restoration program staff.
(2) Conditions on the use of funds.--
(A) Required use of funds.--In order to be eligible to receive funds under subsection (c), a Tribe's application must include a proposal to use funds for at least one of the purposes described in subparagraphs (A) and (B) of paragraph (1).
(B) Imperiled species recovery.--In distributing funds under this section, the Secretary shall distribute not less than 15 percent of the total funds distributed to proposals to fund the recovery of a species, subspecies, or distinct population segment listed as a threatened species, endangered species, or candidate species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or Tribal law.
(C) Limitation.--In distributing funds under this section, the Secretary shall distribute not more than 15 percent of all funds distributed under this section for the purpose described in paragraph (1)(C).
(f) No Matching Funds Required.--No Indian Tribe shall be required to provide matching funds to be eligible to receive funds under this section.
(g) Public Access Not Required.--Funds apportioned from the Tribal Wildlife Conservation and Restoration Account shall not be conditioned upon the provision of public or non-Tribal access to Tribal or private lands, waters, or holdings.
(h) Administrative Costs.--Of the funds deposited under subsection (b)(3) for each fiscal year, not more than 3 percent shall be used by the Secretary for administrative costs.
(i) Savings Clause.--Nothing in this section shall be construed as modifying or abrogating a treaty with any Indian Tribe, or as enlarging or diminishing the authority, jurisdiction, or responsibility of an Indian Tribe to manage, control, or regulate wildlife.
(j) Statutory Construction With Respect to Alaska.--If any conflict arises between any provision of this section and any provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) or the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), then the provision in the
Alaska National Interest Lands Conservation Act or the Alaska Native Claims Settlement Act shall prevail.
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SA 6408. Mr. HEINRICH 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:
Text printed in the Record (5,748 characters)
At the appropriate place in subtitle G of title X, insert the following:
SEC. ___. PREVENTING FIREFIGHTER OCCUPATIONAL ILLNESS AND
INJURY BY EXPANDING THE AVAILABILITY OF NEXT-
GENERATION TURNOUT GEAR.
(a) Definitions.--In this section:
(1) Eligible entity.--The term "eligible entity" means a nonprofit organization, institution of higher education, national fire service organization, or national fire safety organization, as determined by the Secretary, with experience in not fewer than 3 of the following:
(A) Conducting research on issues related to cancer and other occupational illnesses among firefighters.
(B) Educating firefighters and other users of turnout gear on safe use, cleaning, and decontamination of turnout gear.
(C) Educating firefighters on matters related to physical health, safety, and wellness.
(D) Experience collaborating with other national nonprofit organizations to support research on firefighter safety and health.
(E) Demonstrated ability to collaborate with researchers on matters related to firefighter health and safety.
(F) Representing membership comprised of structural, wildfire, and aircraft firefighters and supervisors.
(2) Moisture barrier materials.--The term "moisture barrier material" means the component of turnout gear that principally prevents the transfer of hazardous liquids, including hot liquids, fireground chemicals, and infectious fluids, and contributes to the overall thermal insulation of the firefighter without imposing undue burdens or otherwise compromising the performance of turnout gear.
(3) PFAS.--The term "PFAS" means per- and polyfluoroalkyl substances that contain at least one fully fluorinated carbon atom or any other substance the Secretary determines appropriate.
(4) Secretary.--The term "Secretary" means the Secretary of Health and Human Services.
(5) Turnout gear.--The term "turnout gear" means protective clothing worn as a main source of protection for firefighters and emergency medical services personnel during firefighting and post-fire operations to minimize exposure to hazards that cause serious injuries and illnesses that may result from contact with thermal, physical, chemical, biological, or other workplace hazards. Turnout gear--
(A) includes protective clothing designed to protect firefighters performing structural firefighting, proximity firefighting, wildland firefighting, and urban interface firefighting; and
(B) may also include other personal protective equipment referred to in section 33(c)(3)(I)(i) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(c)(3)(I)(i)).
(b) Research Programs.--
(1) In general.--Subject to the availability of appropriations, not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health, in consultation with the heads of other Federal agencies as appropriate, shall establish a program to award grants to eligible entities to support research, development, and testing of next-generation turnout gear and associated materials.
(2) Requirements.--
(A) PFAS-free components.--Grants awarded under this subsection shall support the research, development, and testing of materials to design and produce PFAS-free turnout gear.
(B) Partnership.--The Secretary shall require that applications for grants under this subsection include a description of how the eligible entity will partner with organizations in, and relevant to, the firefighting industry, including organizations that directly represent members who serve in nonmanagerial firefighting roles, and how such partnership will help move the results of research, development, and testing described in subparagraph (A) into practice, including guidance and training for first responders and others who regularly use turnout gear.
(3) Considerations.--In making awards under this subsection, the Secretary may consider the extent to which the activities proposed support the research, development, and testing described in subparagraph (A) that is likely to prevent occupational illness and injury for firefighters, including innovations that provide the following:
(A) Enhanced protection against primary and secondary exposure to particulates and byproducts of combustion.
(B) Reduced maintenance that includes contamination resistance and greater ease of cleaning or visible warning indicators to alert firefighters to hazardous exposures or the need for decontamination.
(C) Consideration of body composition in development of prototypes and other products.
(4) Authorization of appropriations.--There are authorized to be appropriated $25,000,000 for each of fiscal years 2027 through fiscal year 2031 to carry out this subsection.
(c) Training Programs.--
(1) In general.--Subject to the availability of appropriations, the Secretary, beginning in fiscal year 2028, shall award grants to, or enter into contracts or cooperative agreements with, eligible entities, as determined by the Secretary, to develop and disseminate guidance and training for firefighters and other first responders on best practices for reducing potentially harmful exposures by safely wearing, decontaminating, and caring for turnout gear developed in accordance with subsection (b).
(2) Authorization of appropriations.--There are authorized to be appropriated $2,000,000 for each of fiscal years 2028 through fiscal year 2032 to carry out this subsection.
(d) Report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the progress made in achieving the goals under subsections (b) and (c).
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SA 6409. Mr. HEINRICH 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:
Text printed in the Record (11,998 characters)
At the appropriate place in title VII, insert the following:
SEC. 7___. PROHIBITION ON AND REVERSAL OF ACTIONS TO MODIFY
SCOPE OF MEDICAL SERVICES PROVIDED AT CERTAIN
MILITARY MEDICAL TREATMENT FACILITIES.
(a) Prohibition.--The Secretary of Defense may not take any action to carry out a service change described in subsection (c).
(b) Reversal and Restoration.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall carry out the following actions:
(1) Reverse any steps taken to carry out a service change described in subsection (c).
(2) Restore personnel and clinical services affected by any such service change to the level existing as of March 3, 2026 (unless such level is otherwise modified by a provision of law enacted on or after such date).
(c) Service Change Described.--A service change described in this subsection is a service change specified in the notification of service changes submitted by the Under Secretary of Defense for Personnel and Readiness to the Committees on Armed Services of the House of Representatives and the Senate on March 4, 2026, pursuant to section 1073d(f) of title 10, United States Code, including the following:
(1) Eisenhower army medical center, fort gordon, georgia.--With respect to the Eisenhower Army Medical Center, Fort Gordon, Georgia--
(A) converting the military medical treatment facility from an inpatient hospital to an outpatient ambulatory care center;
(B) discontinuing inpatient, operating, and emergency room services; and
(C) realigning medical manpower to other military medical treatment facilities.
(2) 88th medical group, wright-patterson air force base, ohio.--With respect to the 88th Medical Group, Wright-Patterson Air Force Base, Ohio--
(A) converting the military medical treatment facility from an inpatient hospital to an outpatient ambulatory care center with surgical capabilities;
(B) discontinuing inpatient, operating, and emergency room services;
(C) realigning medical manpower to other military medical treatment facilities;
(D) closing pediatric cardiology services; and
(E) discontinuing contracts for chiropractic services.
(3) Naval hospital beaufort, south carolina.--With respect to the Naval Hospital Beaufort, South Carolina--
(A) converting the military medical treatment facility from an inpatient hospital to an outpatient ambulatory care center;
(B) discontinuing inpatient, operating, and emergency room services;
(C) realigning medical manpower to other military medical treatment facilities; and
(D) discontinuing contracts for chiropractic services.
(4) 22d medical group, mcconnell air force base, kansas.--With respect to the 22d Medical Group, McConnell Air Force Base, Kansas, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(5) 19th medical group, little rock air force base, arkansas.--With respect to the 19th Medical Group, Little Rock Air Force Base, Arkansas--
(A) limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members; and
(B) discontinuing contracts for nutrition services.
(6) 341st medical group, malmstrom air force base, montana.--With respect to the 341st Medical Group, Malmstrom Air Force Base, Montana, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(7) 28th medical group, ellsworth air force base, south dakota.--With respect to the 28th Medical Group, Ellsworth Air Force Base, South Dakota, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(8) 92d medical group, fairchild air force base, washington.--With respect to the 92d Medical Group, Fairchild Air Force Base, Washington, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(9) 90th medical group, francis e. warren air force base, wyoming.--With respect to the 90th Medical Group, Francis E. Warren Air Force Base, Wyoming, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(10) 355th medical group, davis-monthan air force base, arizona.--With respect to the 355th Medical Group, Davis-Monthan Air Force Base, Arizona, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(11) 9th medical group, beale air force base, california.--With respect to the 9th Medical Group, Beale Air Force Base, California, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(12) 45th medical group, patrick space force base, florida.--With respect to the 45th Medical Group, Patrick Space Force Base, Florida, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(13) 4th medical group, seymour johnson air force base, north carolina.--With respect to the 4th Medical Group, Seymour Johnson Air Force Base, North Carolina, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(14) 20th medical group, shaw air force base, south carolina.--With respect to the 20th Medical Group, Shaw Air Force Base, South Carolina--
(A) limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members; and
(B) discontinuing contracts for nutrition services.
(15) 460th medical group, buckley space force base, colorado.--With respect to the 460th Medical Group, Buckley Space Force Base, Colorado, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(16) 27th special operations medical group, cannon air force base, new mexico.--With respect to the 27th Special Operations Medical Group, Cannon Air Force Base, New Mexico, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(17) 412th medical group, edwards air force base, california.--With respect to the 412th Medical Group, Edwards Air Force Base, California, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(18) 30th medical group, vandenberg space force base, california.--With respect to the 30th Medical Group, Vandenberg Space Force Base, California, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(19) Naval health clinic corpus christi, texas.--With respect to Naval Health Clinic Corpus Christi, Texas, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members.
(20) 23d medical group, moody air force base, georgia.--With respect to the 23d Medical Group, Moody Air Force Base, Georgia, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members living on base.
(21) 366th medical group, mountain home air force base, idaho.--With respect to the 366th Medical Group, Mountain Home Air Force Base, Idaho, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members living on base.
(22) 319th medical group, grand forks air force base, north dakota.--With respect to the 319th Medical Group, Grand Forks Air Force Base, North Dakota, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members living on base.
(23) 61st medical squadron, los angeles space force base, california.--With respect to the 61st Medical Squadron, Los Angeles Space Force Base, California, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty and the dependents of such members living on base.
(24) 78th medical group, robins air force base, georgia.--With respect to the 78th Medical Group, Robins Air Force Base, Georgia, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty.
(25) 72d medical group, tinker air force base, oklahoma.--With respect to the 72d Medical Group, Tinker Air Force Base, Oklahoma, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty.
(26) 75th medical group, hill air force base, utah.--With respect to the 75th Medical Group, Hill Air Force Base, Utah, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty.
(27) 66th medical squadron, hanscom air force base, massachusetts.--With respect to the 66th Medical Squadron, Hanscom Air Force Base, Massachusetts, limiting access to the military medical treatment facility only to members of the Armed Forces serving on active duty.
(28) David grant medical center, travis air force base, california.--With respect to the David Grant Medical Center, Travis Air Force Base, California, closing the labor and delivery services.
(29) 42d medical group, maxwell air force base, alabama.--With respect to the 42d Medical Group, Maxwell Air Force Base, Alabama, discontinuing educational and developmental intervention services.
(30) Vilseck army health clinic, germany.--With respect to the Vilseck Army Health Clinic, Germany, discontinuing physical medicine and rehabilitation services.
(31) Desert sage community based medical home, william beaumont army medical center, fort bliss, texas.--With respect to the Desert Sage Community Based Medical Home, William Beaumont Army Medical Center, Fort Bliss, Texas, closing such home.
(32) Naval health clinic patuxent river, branch health clinic dahlgren, virginia.--With respect to Naval Health Clinic Patuxent River, Branch Health Clinic Dahlgren, Virginia, discontinuing radiology services.
(33) Army health clinic munson, fort leavenworth, kansas.--With respect to Army Health Clinic Munson, Fort Leavenworth, Kansas, discontinuing mammography services.
(34) Naval health clinic lemoore, california.--With respect to Naval Health Clinic Lemoore, California, discontinuing operating room services.
(35) 55th medical group, offutt air force base, nebraska.--With respect to the 55th Medical Group, Offutt Air Force Base, Nebraska--
(A) discontinuing contracts for nutrition services; and
(B) discontinuing contracts for chiropractic services.
(36) 7th medical group, dyess air force base, texas.--With respect to the 7th Medical Group, Dyess Air Force Base, Texas, discontinuing contracts for nutrition services.
(37) 2d medical group, barksdale air force base, louisiana.--With respect to the 2d Medical Group, Barksdale Air Force Base, Louisiana--
(A) discontinuing contracts for nutrition services; and
(B) discontinuing contracts for chiropractic services.
(38) 87th medical group, joint base mcguire-dix-lakehurst, new jersey.--With respect to the 87th Medical Group, Joint Base McGuire-Dix-Lakehurst, New Jersey--
(A) discontinuing contracts for nutrition services; and
(B) discontinuing contracts for
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chiropractic services.
(39) 1st special operations medical group, hurlburt field, florida.--With respect to 1st Special Operations Medical Group, Hurlburt Field, Florida, discontinuing contracts for chiropractic services.
(40) 10th medical group, united states air force academy, colorado.--With respect to 10th Medical Group, United States Air Force Academy, Colorado, discontinuing contracts for chiropractic services.
(41) 96th medical group, eglin air force base, florida.--With respect to 96th Medical Group, Eglin Air Force Base, Florida, discontinuing contracts for chiropractic services.
(d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on each action taken under subsection (b).
(e) Service Change Defined.--The term "service change" means, with respect to a military medical treatment facility, an action by the Secretary of Defense to modify the scope of medical care provided at the facility, or the beneficiary population served at the facility, as described in section
1073d(f) of title 10, United States Code, including with respect to reducing or transferring personnel, converting an inpatient hospital to an outpatient ambulatory care center, and restricting the type of beneficiary that can access the facility.
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SA 6410. Mr. HEINRICH 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:
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At the end of subtitle G of title X, add the following:
SEC. 1__. INDIAN SCHOOL EQUALIZATION FORMULA.
(a) Purposes.--The purposes of this section are to study--
(1) the resources that Bureau-funded schools need to provide competitive salaries and benefits to recruit and retain high-quality teachers, administrators, and all school staff;
(2) funding and other resources needed by the Bureau of Indian Education to ensure that students attending Bureau-funded schools receive a high-quality education; and
(3) potential revenue sources to bring Bureau of Indian Education funding, resources, and salaries into parity with other school systems.
(b) Definitions.--In this section:
(1) Assistant secretary.--The term "Assistant Secretary" means the Assistant Secretary for Indian Affairs.
(2) Bureau-funded school.--The term "Bureau-funded school" has the meaning given the term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).
(3) Indian school equalization formula.--The term "Indian School Equalization Formula" means the Indian School Equalization Formula described in subparts B and C of part 39 of title 25, Code of Federal Regulations (or successor regulations).
(4) Indian school equalization program.--The term "Indian School Equalization Program" means the Indian School Equalization Program described in part 39 of title 25, Code of Federal Regulations (or successor regulations).
(5) Indian tribe.--The term "Indian Tribe" means any Indian or Alaska Native Tribe, band, nation, pueblo, village, or other community included on the most recent list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(6) Secretary.--The term "Secretary" means the Secretary of the Interior.
(7) Tribally controlled school.--The term "tribally controlled school" has the meaning given the term in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511).
(c) Indian School Equalization Formula Study.--
(1) Study required.--
(A) In general.--Not later than 1 year after the date of enactment of this Act, and in accordance with subparagraph (C), the Secretary, in coordination with the Assistant Secretary and the Director of the Bureau of Indian Education, shall carry out a study relating to updating the Indian School Equalization Formula, including by completing the process of developing alternative methods for the equitable distribution of the Indian School Equalization Formula, with consideration given to the factors described in subparagraph (B).
(B) Factors described.--The factors referred to in subparagraph (A) are the following:
(i) Ensuring that the Indian School Equalization Formula provides sufficient funding to adequately fund Bureau-funded schools, including--
(I) schools operated by the Bureau of Indian Education; and (II) tribally controlled schools.
(ii) The highest rate of basic compensation, which shall be equal to the higher of--
(I) the highest quartile or average State-by-State salaries for school teachers, principals, other leadership positions, and all school staff at public schools that are not Bureau-funded schools; and
(II) the rate of basic compensation for teacher and teaching positions in the Department of Defense as determined under the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901 et seq.).
(C) Requirements.--In carrying out the study of the Indian School Equalization Formula under subparagraph (A), the Secretary shall--
(i) ensure that an updated Indian School Equalization Formula provides sufficient funding to fully support salaries for school teachers, principals, other leadership positions, and all school staff at a rate commensurate with salaries of non-Bureau of Indian Education teachers, principals, other leadership positions, and all school staff described in subclauses (I) and (II) of subparagraph (B)(ii);
(ii) consider the weights or ratios related to--
(I) tribally controlled schools; (II) schools with fewer than 100 students; and (III) schools located in rural areas; and
(iii) ensure that, in an updated Indian School Equalization Formula, that Havasupai Elementary School is awarded an additional cost factor of 12.5 Weighted Student Unit (as defined in section 39.2 of title 25, Code of Federal Regulations (or a successor regulation)).
(2) Report.--The Secretary, in coordination with the Assistant Secretary and the Director of the Bureau of Indian Education, and in consultation with national organizations representing Indian Tribes and students attending Bureau-funded schools, shall submit to Congress and make publicly available to Indian Tribes a report describing--
(A) the adequacy of the Indian School Equalization Formula and the Indian School Equalization Program in fulfilling the needs of Bureau-funded schools and tribally controlled schools; and
(B) recommendations for increasing or modifying factors to improve the Indian School Equalization Formula.
(d) Study of Revenue Resources.--Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Assistant Secretary and the Director of the Bureau of Indian Education, shall carry out a study to identify potential revenue sources to bring Bureau-funded schools into parity with other schools.
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SA 6411. Mr. HEINRICH 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. SEABED MINING.
(a) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior (referred to in this section as the "Secretary") shall, subject to subsection (b)--
(1) update section 581.13(a) of title 30, Code of Federal Regulations, to ensure that the invitation of adjacent State and Territory Governors described in that section for activities described in that section is mandatory; and
(2) promulgate new regulations to establish and maintain a seabed mining leasing program substantially similar to the oil and gas leasing program described in section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), subject to the conditions that--
(A) all references to State Governors and States in that section shall include Territory Governors and Territories; and
(B) in the event of a significant natural or other similarly impactful local disaster that would impact the ability of a State or Territory government to participate to the fullest extent possible in a leasing program comment period--
(i) the lease process shall be delayed at the request of the affected State or Territory Governor; and
(ii) the lease process may only recommence upon agreement between the Secretary and the affected State or Territory Governor.
(b) Moratorium and Study on Seabed Mining.--
(1) Temporary moratorium.--Notwithstanding any other provision of law, beginning on the date of enactment of this Act and ending on the date that the report described in paragraph (2)(C) is submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, the Secretary shall not review, issue, grant, or approve any new license, permit, lease, or other instrument for the exploration, commercial recovery, or mining of minerals in the exclusive economic zone or the outer Continental Shelf pursuant to the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1401 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
(2) Study.--
(A) In general.--The Secretary shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on seabed mining for critical minerals.
(B) Requirements.--The study described in subparagraph (A) shall include--
(i) an overview of the technological feasibility and economic potential of extracting seabed minerals;
(ii) identification of information needed to establish baselines in habitats found at proposed mining sites and surrounding areas; and
(iii) the potential social, cultural, environmental, and economic impacts of seabed mining, including cumulative effects and possible methods to mitigate negative impacts.
(C) Report.--Not later than 3 years after the date on which the Secretary enters into an agreement with the National Academies of Sciences, Engineering, and Medicine under subparagraph (A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes the findings of the study described in that subparagraph.
SA 6412. Mr. HEINRICH 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:
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At the end of subtitle G of title X, add the following:
SEC. __. ENCOURAGING MORE EQUITABLE TREATMENT OF OSTEOPATHIC
AND ALLOPATHIC CANDIDATES IN RESIDENCY
APPLICATION AND REVIEW PROCESS.
(a) Short Title.--This section may be cited as "Fair Access In Residency Act of 2026" or the "FAIR Act of 2026".
(b) In General.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended--
(1) in clause (i), by inserting at the end the following new sentence: "For discharges occurring on or after October 1, 2027, the amount determined under the previous sentence for a hospital shall be reduced by 2 percent for each prior fiscal year (beginning with fiscal year 2026) for which the hospital has not submitted to the Secretary the information described in subclause (xiv)."; and
(2) by adding at the end the following new clause:
"(xiv) For purposes of clause (i), the information described in this clause is, with respect to a hospital and a fiscal year, the following:
"(I) The number of applicants for residency in each of the hospital's approved medical residency training programs beginning in such fiscal year--
"(aa) from osteopathic medical schools; and
"(bb) from allopathic medical schools.
"(II) The number of such applicants accepted into each such program beginning in such fiscal year from each such type of medical school.
"(III) An affirmation that--
"(aa) the policy of the hospital is to consider for acceptance to each such program applicants from both osteopathic and allopathic medical schools; and
"(bb) in the case that the hospital requires applicants to submit an examination score as a prerequisite for acceptance in such a program, the hospital accepts scores from, at the election of the applicant, either the Comprehensive Osteopathic Medical Licensing Examination of the United States or the United States Medical Licensing Examination.".
(c) Publication.--The Secretary of Health and Human Services shall publish on a public website the information described in subclauses (I) and (II) of section 1886(d)(5)(B)(xiv) of the Social Security Act, as added by subsection (b), and the affirmation described in subclause (III) of such section, that is submitted by a hospital with respect to an approved medical residency training program (as defined in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A))) for each fiscal year (beginning with fiscal year 2026).
(d) Rule of Construction.--Nothing in this Act shall be construed as federalizing medical education, or as establishing a mandate for an approved medical residency training program (as defined in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A))) to accept students (or to accept a certain number of students) from osteopathic or allopathic medical schools.
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SA 6413. Mr. HEINRICH 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:
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At the end of part III of subtitle F of title V, add the following:
SEC. 566. ANNUAL REPORTS 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, and annually thereafter, 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
(ii) the commander concerned before the relocation of the family and the commander concerned after that relocation.
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SA 6414. Mr. HEINRICH 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:
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At the appropriate place in title X, insert the following:
SEC. 10__. REIMBURSEMENT RATES FOR HOME AND COMMUNITY-BASED
SERVICES FOR VETERANS.
(a) Homemaker and Home Health Aide Program.--Section 1720L(c) of title 38, United States Code, is amended by adding at the end the following:
"(3) On and after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027, the Secretary--
"(A) in the case of any reimbursement rates for services furnished under the Homemaker and Home Health Aide program that were reduced after December 31, 2025, shall reinstate the rates in effect on such date; and
"(B) may not reduce the reimbursement rates for such services to an amount that is less than the rates in effect on such date, unless the Secretary notifies Congress of such reduction not later than 90 days before such reduction takes effect.
"(4) Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027, and annually thereafter, the Secretary shall submit to Congress a report--
"(A) specifying whether the number of providers furnishing services under the Homemaker and Home Health Aide program is adequate to meet veteran demand for such services;
"(B) identifying any regions where provider participation in furnishing such services is inadequate to meet such demand; and
"(C) identifying how the Secretary plans to ensure adequate provider participation in furnishing such services to ensure the needs of veterans for such care are met.".
(b) Report on Reimbursement Rates.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report that includes--
(1) the data sources used to establish reimbursement rates for services under subsections (c) and (e) of section 1720L of title 38, United States Code, including any use of data from the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.), or the private market;
(2) the weighting and adjustment factors applied to such data;
(3) the role of any contractors or third-party administrators in determining such rates;
(4) a description of any consultation with providers of home and community-based services in establishing such rates, including how such input was solicited, considered, and incorporated; and
(5) a description of any formulas, models, or analytical methods used to establish such rates, including any variables, assumptions, weighting, and any additional data sources or factors considered by the Secretary.
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SA 6415. Mr. WYDEN (for himself and Mr. Merkley) 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. OREGON RECREATION ENHANCEMENT.
(a) Definitions.--In this section:
(1) Secretary.--The term "Secretary" means--
(A) the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or
(B) the Secretary of Agriculture, with respect to National Forest System land.
(2) State.--The term "State" means the State of Oregon.
(b) Rogue Canyon and Molalla Recreation Areas, Oregon.--
(1) Designation.--For the purposes of protecting, conserving, and enhancing the unique and nationally important recreational, ecological, scenic, cultural, watershed, and fish and wildlife values of the areas, the following areas in the State are designated as recreation areas for management by the Secretary in accordance with paragraph (3):
(A) Rogue canyon recreation area.--The approximately 98,150 acres of Bureau of Land Management land within the boundary generally depicted as the "Rogue Canyon Recreation Area" on the map entitled "Rogue Canyon Recreation Area Wild Rogue Wilderness Additions" and dated November 19, 2019, which is designated as the "Rogue Canyon Recreation Area".
(B) Molalla recreation area.--The approximately 29,884 acres of Bureau of Land Management land within the boundary generally depicted on the map entitled "Molalla Recreation Area" and dated September 26, 2018, which is designated as the "Molalla Recreation Area".
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of each recreation area designated by paragraph (1).
(B) Effect.--The maps and legal descriptions prepared under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions.
(C) Public availability.--The maps and legal descriptions prepared under subparagraph (A) shall be available for public inspection in the appropriate offices of the Bureau of Land Management.
(3) Administration.--
(A) Applicable law.--The Secretary shall administer each recreation area designated by paragraph (1)--
(i) in a manner that conserves, protects, and enhances the purposes for which the recreation area is established; and
(ii) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(III) other applicable laws.
(B) Uses.--The Secretary shall only allow those uses of a recreation area designated by paragraph (1) that are consistent with the purposes for which the recreation area is established.
(C) Wildfire risk assessment.--Not later than 280 days after the date of enactment of this Act, the Secretary, in consultation with the Oregon Governor's Council on Wildfire Response, shall conduct a wildfire risk assessment that covers--
(i) the recreation areas designated by paragraph (1);
(ii) the Wild Rogue Wilderness; and
(iii) any Federal land adjacent to an area described in clause (i) or (ii).
(D) Wildfire mitigation plan.--
(i) In general.--Not later than 1 year after the date on which the wildfire risk assessment is conducted under subparagraph (C), the Secretary shall develop a wildfire mitigation plan, based on the wildfire risk assessment, that identifies, evaluates, and prioritizes treatments and other management activities that can be implemented on the Federal land covered by the wildfire risk assessment (other than Federal land designated as a unit of the National Wilderness Preservation System) to mitigate wildfire risk to communities located near the applicable Federal land.
(ii) Plan components.--The wildfire mitigation plan developed under clause (i) shall include--
(I) vegetation management projects (including mechanical treatments to reduce hazardous fuels and improve forest health and resiliency);
(II) evacuation routes for communities located near the applicable Federal land, which shall be developed in consultation with State and local fire agencies; and
(III) strategies for public dissemination of emergency evacuation plans and routes.
(iii) Applicable law.--The wildfire mitigation plan under clause (i) shall be developed in accordance with--
(I) this subsection; and (II) any other applicable law.
(E) Road construction.--
(i) In general.--Except as provided in clause (ii) or as the Secretary determines necessary for public safety, no new permanent or temporary roads shall be constructed (other than the repair and maintenance of existing roads) within a recreation area designated by paragraph (1).
(ii) Temporary roads.--Consistent with the purposes of this section, the Secretary may construct temporary roads within a recreation area designated by paragraph (1) to implement the wildfire mitigation plan developed under subparagraph (D), unless the temporary road would be within an area designated as a unit of the National Wilderness Preservation System.
(iii) Effect.--Nothing in this subparagraph affects the administration by the Secretary of the Molalla Forest Road in accordance with applicable resource management plans.
(F) Effect on wildfire management.--Nothing in this subsection alters the authority of the Secretary (in cooperation with other Federal, State, and local agencies, as appropriate) to conduct wildland fire operations within a recreation area designated by paragraph (1), consistent with the purposes of this section.
(G) Withdrawal.--Subject to valid existing rights, all Federal surface and subsurface land within a recreation area designated by paragraph (1) is withdrawn from all forms of--
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials.
(H) No effect on wilderness areas.--Any wilderness area located within a recreation area designated by paragraph (1) shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(4) Adjacent management.--Nothing in this subsection creates any protective perimeter or buffer zone around a recreation area designated by paragraph (1).
(c) Expansion of Wild Rogue Wilderness Area.--
(1) Definitions.--In this subsection:
(A) Map.--The term "map" means the map entitled "Rogue Canyon Recreation Area Wild Rogue Wilderness Additions" and dated November 19, 2019.
(B) Wilderness additions.--The term "Wilderness additions" means the land added to the Wild Rogue Wilderness under paragraph (2)(A).
(2) Expansion of wild rogue wilderness area.--
(A) Expansion.--The approximately 59,512 acres of Federal land in the State generally depicted on the map as "Proposed Wilderness" shall be added to and administered as part of the Wild Rogue Wilderness in accordance with the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95-237), except that--
(i) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and
(ii) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable.
(B) Map; legal description.--
(i) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by subparagraph (A).
(ii) Force of law.--The map and legal description filed under clause (i) shall have the same force and effect as if included in this subsection, except that the Secretary may correct typographical errors in the map and legal description.
(iii) Public availability.--The map and legal description filed under clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service.
(C) Fire, insects, and disease.--The Secretary may take such measures within the Wilderness additions as the Secretary determines to be necessary for the control of fire, insects, and disease, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)).
(D) Withdrawal.--Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of--
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials.
(E) Tribal rights.--Nothing in this paragraph alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe.
(d) Withdrawal of Federal Land, Curry County and Josephine County, Oregon.--
(1) Definitions.--In this subsection:
(A) Eligible federal land.--The term "eligible Federal land" means--
(i) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or
(ii) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act.
(B) Maps.--The term "Maps" means--
(i) the Bureau of Land Management map entitled "Hunter Creek and Pistol River Headwaters Withdrawal Proposal" and dated January 12, 2015; and
(ii) the Bureau of Land Management map entitled "Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal" and dated January 12, 2015.
(2) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation under the mineral leasing and geothermal leasing laws.
(3) Availability of maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management.
(4) Existing uses not affected.--Except with respect to the withdrawal under paragraph (2), nothing in this subsection restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law.
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SA 6416. Mr. WYDEN (for himself and Mr. Merkley) 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:
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At the end of subtitle G of title X, add the following:
SEC. 10__. MALHEUR COMMUNITY EMPOWERMENT FOR THE OWYHEE.
(a) Definitions.--In this section:
(1) Bureau.--The term "Bureau" means the Bureau of Land Management.
(2) County.--The term "County" means Malheur County, Oregon.
(3) Federal land.--The term "Federal land" means land in the County managed by the Bureau.
(4) Long-term ecological health.--The term "long-term ecological health", with respect to an ecosystem, means the ability of the ecological processes of the ecosystem to function in a manner that maintains the composition, structure, activity, and resilience of the ecosystem over time, including an ecologically appropriate diversity of plant and animal communities, habitats, connectivity, and conditions that are sustainable through successional processes.
(5) Malheur c.e.o. group.--The term "Malheur C.E.O. Group" means the group established by subsection (c)(2).
(6) Operational flexibility.--The term "operational flexibility", with respect to grazing on the Federal land, means--
(A) a seasonal adjustment of livestock positioning for the purposes of that grazing pursuant to a flexible grazing use authorized under the program with respect to which written notice is provided; or
(B) an adjustment of water source placement with respect to which written notice is provided.
(7) Program.--The term "program" means the Malheur County Grazing Management Program authorized under subsection (b)(1).
(8) Secretary.--The term "Secretary" means the Secretary of the Interior.
(9) State.--The term "State" means the State of Oregon.
(b) Malheur County Grazing Management Program.--
(1) In general.--The Secretary may carry out a grazing management program on the Federal land, to be known as the "Malheur County Grazing Management Program", in accordance with applicable law (including regulations) and the memorandum entitled "Bureau of Land Management Instruction Memorandum 2018-109" (as in effect on September 30, 2021), to provide to authorized grazing permittees and lessees increased operational flexibility to improve the long-term ecological health of the Federal land.
(2) Permit operational flexibility.--
(A) Flexible grazing use alternative for a grazing permit or lease.--At the request of an authorized grazing permittee or lessee, for purposes of renewing a grazing permit or lease under the program, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary shall develop and analyze at least 1 alternative to provide operational flexibility in livestock grazing use to account for changing conditions.
(B) Consultation.--The Secretary shall develop alternatives under subparagraph (A) in consultation with--
(i) the applicable grazing permittee or lessee;
(ii) affected Federal and State agencies;
(iii) the Malheur C.E.O. Group;
(iv) the Burns Paiute Tribe or the Fort McDermitt Paiute and Shoshone Tribes, as applicable;
(v) other landowners in the affected allotment; and
(vi) interested members of the public.
(C) Implementation of interim operational flexibilities.--If an applicable monitoring plan has been adopted under subparagraph (D), in order to improve long-term ecological health, on the request of an authorized grazing permittee or lessee, the Secretary shall, using new and existing data, allow a variance to the terms and conditions of the existing applicable grazing permit or lease for the applicable year due to significant changes in weather, forage production, effects of fire or drought, or other temporary conditions--
(i) to adjust the season of use, the beginning date of the period of use, the ending date of the period of use, or both the beginning date and ending date, as applicable, under the grazing permit or lease, subject to the requirements that--
(I) unless otherwise specified in the appropriate allotment management plan or any other activity plan that is the functional equivalent to the appropriate allotment management plan under section 4120.2(a)(3) of title 43, Code of Federal Regulations (or a successor regulation), the applicable adjusted date of the season of use occurs--
(aa) not earlier than 14 days before the beginning date specified in the applicable permit or lease; and
(bb) not later than 14 days after the ending date specified in the applicable permit or lease; and
(II) the authorized grazing permittee or lessee provides written notice of the adjustment to the Bureau not later than 2 business days before the date of adjustment;
(ii) to adjust the dates for pasture rotation based on average vegetation stage and soil condition by not more than 14 days, subject to the requirement that the authorized grazing permittee or lessee shall provide to the Bureau written notice of the adjustment not later than 2 business days before the date of adjustment;
(iii) to adjust the placement of water structures for livestock or wildlife by not more than 100 yards from an associated existing road, pipeline, or structure, subject to applicable laws and the requirement that the authorized grazing permittee or lessee shall provide to the Bureau written notice of the adjustment not later than 2 business days before the date of adjustment; and
(iv) in a case in which the monitoring plan adopted under subparagraph (D) indicates alterations in the operational flexibilities are necessary to achieve ecological health or avoid immediate ecological degradation of the allotment or allotment area, to adjust the operational flexibilities immediately, subject to the requirement that the authorized grazing permittee or lessee shall provide written notice of the adjustment to the Bureau and the individuals and entities described in clauses (ii) through (vi) of subparagraph (B).
(D) Monitoring plans.--
(i) Monitoring plans for permit flexibility.--
(I) In general.--The Secretary shall adopt cooperative rangeland monitoring plans and rangeland health objectives to apply to actions taken under subparagraph (A) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land under the program, in consultation with grazing permittees or lessees and other individuals and entities described in subparagraph (B), using existing or new scientifically supportable data.
(II) Requirements.--A monitoring plan adopted under subclause (I) shall--
(aa) identify situations in which providing operational flexibility in grazing permit or lease uses under the program is appropriate to improve long-term ecological health of the Federal land;
(bb) identify ways in which progress under the program would be measured toward long-term ecological health of the Federal land;
(cc) include for projects monitored under the program--
(AA) a description of the condition standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions;
(BB) a description of monitoring methods and protocols;
(CC) a schedule for collecting data;
(DD) an identification of the responsible party for data collection and storage;
(EE) an evaluation schedule;
(FF) a description of the anticipated use of the data;
(GG) provisions for adjusting any components of the monitoring plan; and
(HH) a description of the method to communicate the criteria for adjusting livestock grazing use; and
(dd) provide for annual reports on the effects of flexibility in grazing permit or lease uses under the program to allow the Secretary to make management adjustments to account for the information provided in the annual report.
(ii) Monitoring plans for interim operational flexibility.--
(I) In general.--The Secretary shall adopt cooperative rangeland utilization monitoring plans and rangeland health objectives to apply to actions taken under subparagraph (C) and to monitor and evaluate the improvements or degradations to the long-term ecological health of the Federal land identified for flexible use under the program.
(II) Requirements.--A monitoring plan developed under subclause (I) shall--
(aa) evaluate the percent utilization of available forage;
(bb) identify the appropriate percentage of utilization for the feed type, ecosystem, time of year, and type of animal using the allotment;
(cc) include--
(AA) a description of the utilization standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions;
(BB) a description of utilization evaluation protocol;
(CC) an evaluation schedule identifying periods during which utilization data will be collected;
(DD) provisions for adjusting any components of the monitoring plan, including acceptance of data from identified third parties; and
(EE) a description of the method to communicate the criteria for adjusting livestock grazing use based on the on-the-ground conditions after the period of use; and
(dd) provide for annual reports on the effects of flexibility in grazing permit or lease uses under the program to allow the Secretary to make management adjustments to account for the information provided in the annual report.
(E) Terms and conditions.--
(i) Preferred alternative.--If the Secretary determines that an alternative considered under the program that provides operational flexibility is the preferred alternative, the Secretary shall--
(I) incorporate the alternative, including applicable monitoring plans adopted under subparagraph (D), into the terms and conditions of the applicable grazing permit or lease; and
(II) specify how the monitoring information with respect to the preferred alternative should be used to inform management adjustments under the program.
(ii) Adjustments.--Before implementing any measure for purposes of operational flexibility with respect to a grazing use authorized under the terms and conditions of a permit or lease with respect to which an alternative has been incorporated under clause
(i), the grazing permittee or lessee shall notify the Secretary in writing of the proposed adjustment.
(iii) Additional requirements.--The Secretary may include any other requirements in a permit or lease with respect to which an alternative has been incorporated under clause (i) that the Secretary determines to be necessary.
(3) Review; termination.--
(A) Review.--
(i) In general.--Subject to clause (ii), not earlier than the date that is 8 years after the date of enactment of this Act, the Secretary shall conduct a review of the program to determine whether the objectives of the program are being met.
(ii) No effect on program permits and leases.--The review of the program under clause (i) shall not affect the existence, renewal, or termination of a grazing permit or lease entered into under the program.
(B) Termination.--If, based on the review conducted under subparagraph (A), the Secretary determines that the objectives of the program are not being met, the Secretary shall, on the date that is 10 years after the date of enactment of this Act--
(i) modify the program in a manner to ensure that the objectives of the program would be met; or
(ii) terminate the program.
(4) No effect on grazing privileges.--Nothing in this section--
(A) affects grazing privileges provided under the Act of June 28, 1934 (commonly known as the "Taylor Grazing Act"; 43 U.S.C. 315 et seq.);
(B) requires the Secretary to consider modifying or terminating the classification of any existing grazing district on the Federal land in any subsequent plan or decision of the Secretary; or
(C) precludes the Secretary from modifying or terminating an existing permit or lease in accordance with applicable law (including regulations).
(c) Malheur C.E.O. Group.--
(1) Definitions.--In this subsection:
(A) Consensus.--The term "consensus" means a unanimous agreement by the voting members of the Malheur C.E.O. Group present and constituting a quorum at a regularly scheduled business meeting of the Malheur C.E.O.
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Group.
(B) Federal agency.--
(i) In general.--The term "Federal agency" means an agency or department of the Government of the United States.
(ii) Inclusions.--The term "Federal agency" includes--
(I) the Bureau of Reclamation; (II) the Bureau of Indian Affairs; (III) the Bureau; (IV) the United States Fish and Wildlife Service; and (V) the Natural Resources Conservation Service.
(C) Quorum.--The term "quorum" means 1 more than \1/2\ of the voting members of the Malheur C.E.O. Group.
(2) Establishment.--There is established the Malheur C.E.O. Group to assist in carrying out this subsection.
(3) Membership.--
(A) In general.--The Malheur C.E.O. Group shall consist of 18 members, to be appointed in accordance with subparagraph (B), including--
(i) 5 voting members who represent private interests, of whom--
(I) 3 members represent livestock grazing interests, of whom--
(aa) 1 member resides in the northern \1/3\ of the County;
(bb) 1 member resides in the center \1/3\ of the County; and
(cc) 1 member resides in the southern \1/3\ of the County;
(II) 1 member is in the recreation or tourism industry; and (III) 1 member is from an applicable irrigation district;
(ii) 2 voting members who represent the environmental community, 1 of whom is based in the County;
(iii) 1 voting member who represents the hunting or fishing community;
(iv) 2 voting members who are representatives of Indian Tribes, of whom--
(I) 1 member shall be a representative of the Burns Paiute Tribe; and
(II) 1 member shall be a representative of the Fort McDermitt Paiute and Shoshone Tribes;
(v) 2 nonvoting members who are representatives of Federal agencies with authority and responsibility in the County and who shall provide technical assistance, 1 of whom shall represent the Bureau;
(vi) 2 nonvoting members who are representatives of State agencies with authority and responsibility in the County and who shall provide technical assistance, of whom--
(I) 1 member shall be from the State Department of Fish and Wildlife; and
(II) 1 member shall be from the State Parks Department; and
(vii) 4 nonvoting members who are representatives of units of local government within the County and who shall provide technical assistance, 1 of whom shall be from the County weeds eradication department.
(B) Appointment; term; vacancy.--
(i) Appointment.--
(I) Governmental agencies.--A member of the Malheur C.E.O. Group representing a Federal agency or State or local agency shall be appointed by the head of the applicable agency.
(II) Private interests.--A member of the Malheur C.E.O. Group representing private interests shall be appointed by the applicable represented groups.
(ii) Term.--A member of the Malheur C.E.O. Group shall serve for a term of 3 years.
(iii) Vacancy.--A vacancy on the Malheur C.E.O. Group shall be filled in the manner described in clause (i).
(4) Projects.--
(A) In general.--The Malheur C.E.O. Group shall propose eligible projects described in subparagraph (B) on Federal land and water and non-Federal land and water in the County to be carried out by the Malheur C.E.O. Group or a third party, using funds provided by the Malheur C.E.O. Group, if a consensus of the Malheur C.E.O. Group approves the proposed eligible project.
(B) Description of eligible projects.--An eligible project referred to in subparagraph (A) is a project--
(i) that complies with existing law (including regulations); and
(ii) relating to--
(I) ecological restoration, including development, planning, and implementation;
(II) range improvements for the purpose of providing more efficient and effective ecologically beneficial management of domestic livestock, fish, wildlife, or habitat;
(III) invasive species management or eradication, including invasive weeds, vegetation, fish, or wildlife;
(IV) restoration of springs and related water infrastructure to enhance the availability of sustainable flows of freshwater for livestock, fish, or wildlife;
(V) conservation of cultural sites;
(VI) economic development or recreation management; or
(VII) research, monitoring, or analysis.
(C) Requirement.--
(i) In general.--In the case of an eligible project proposed under subparagraph (A) that is to be carried out on Federal land or requires the use of Federal funds, the project may not be carried out without the approval of the head of the applicable Federal agency.
(ii) Failure to approve.--If an eligible project described in clause (i) is not approved by the head of the applicable Federal agency, not later than 14 business days after the date on which the proposal is submitted to the head of the applicable Federal agency, the head of the Federal agency shall provide to the Malheur C.E.O. Group in writing a description of the reasons for not approving the proposed eligible project.
(D) Failure to approve by consensus.--If an eligible project proposed under subparagraph (A) is not agreed to by consensus after 3 votes are conducted by the Malheur C.E.O. Group, the proposed eligible project may be agreed to by a quorum of the members of the Malheur C.E.O. Group, subject to the limitations that--
(i) the eligible project may not be carried out on Federal land; and
(ii) no Federal funds may be used for an eligible project that is agreed to in accordance with this subparagraph.
(E) Acceptance of donations.--The Malheur C.E.O. Group may--
(i) accept and place into a trust fund any donations, grants, or other funds received by the Malheur C.E.O. Group; and
(ii) use amounts placed into a trust fund under subparagraph (A) to carry out eligible projects approved in accordance with this subsection, including eligible projects carried out on Federal land or water or using Federal funds, if the project is approved by the head of the applicable Federal agency.
(F) Cost-sharing requirement.--
(i) In general.--The Federal share of the total cost of an eligible project carried out using amounts made available under paragraph (9) shall be not more than 75 percent.
(ii) Form of non-federal contribution.--The non-Federal contribution required under clause (i) may be provided in the form of in-kind contributions.
(G) Funding recommendations.--All funding recommendations developed by the Malheur C.E.O. Group shall be based on a consensus of the Malheur C.E.O. Group members.
(5) Technical assistance.--Any Federal agency with authority and responsibility in the County shall, to the extent practicable, provide technical assistance to the Malheur C.E.O. Group on request of the Malheur C.E.O. Group.
(6) Public notice and participation.--The Malheur C.E.O. Group shall conduct all meetings subject to applicable open meeting and public participation laws.
(7) Priorities.--For purposes of approving eligible projects proposed under paragraph (4)(A), the Malheur C.E.O. Group shall give priority to voluntary habitat, range, and ecosystem restoration projects focused on improving the long-term ecological health of the Federal land and natural bodies of water.
(8) Additional projects.--To the extent permitted by applicable law and subject to the availability of appropriations, Federal agencies may contribute to the implementation of projects recommended by the Malheur C.E.O. Group and approved by the Secretary.
(9) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to the Secretary to carry out this subsection $1,000,000 for each of fiscal years 2026 through 2036.
(B) Maintenance and distribution.--Amounts made available under subparagraph (A) shall be maintained and distributed by the Secretary.
(C) Administrative expenses.--Not more than more than 5 percent of amounts made available under subparagraph (A) for a fiscal year may be used for the administration of this Act.
(D) Grants.--Of the amounts made available under subparagraph (A), not more than 10 percent may be made available for a fiscal year to provide grants to the Malheur C.E.O. Group.
(10) Effect.--
(A) Existing activities.--The activities of the Malheur C.E.O. Group shall supplement, and not replace, existing activities to manage the natural resources of the County.
(B) Legal rights, duties, or authorities.--Nothing in this subsection affects any legal right, duty, or authority of any person or Federal agency, including any member of the Malheur C.E.O. Group.
(d) Land Designations.--
(1) Definition of wilderness area.--In this subsection, the term "wilderness area" means a wilderness area designated by paragraph (2)(A).
(2) Designation of wilderness areas.--
(A) In general.--In accordance with the Wilderness Act (16 U.S.C.
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1131 et seq.), the following Federal land in the County comprising approximately 1,102,393 acres, as generally depicted on the referenced maps, is designated as wilderness and as components of the National Wilderness Preservation System:
(i) Fifteenmile creek wilderness.--Certain Federal land, comprising approximately 61,647 acres, as generally depicted on the map entitled "Proposed Wilderness Trout Creek-Oregon Canyon Group" and dated December 12, 2023, which shall be known as the "Fifteenmile Creek Wilderness".
(ii) Oregon canyon mountains wilderness.--Certain Federal land, comprising approximately 53,559 acres, as generally depicted on the map entitled "Proposed Wilderness Trout Creek-Oregon Canyon Group" and dated December 12, 2023, which shall be known as the "Oregon Canyon Mountains Wilderness".
(iii) Twelvemile creek wilderness.--Certain Federal land, comprising approximately 38,099 acres, as generally depicted on the map entitled "Proposed Wilderness Trout Creek-Oregon Canyon Group" and dated December 12, 2023, which shall be known as the "Twelvemile Creek Wilderness".
(iv) Upper west little owyhee wilderness.--Certain Federal land, comprising approximately 93,199 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Upper West Little Owyhee Wilderness".
(v) Lookout butte wilderness.--Certain Federal land, comprising approximately 66,242 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Lookout Butte Wilderness".
(vi) Mary gautreaux owyhee river canyon wilderness.--Certain Federal land, comprising approximately 211,679 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Mary Gautreaux Owyhee River Canyon Wilderness".
(vii) Black butte wilderness.--Certain Federal land, comprising approximately 12,058 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Black Butte Wilderness".
(viii) Twin butte wilderness.--Certain Federal land, comprising approximately 18,150 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Twin Butte Wilderness".
(ix) Oregon butte wilderness.--Certain Federal land, comprising approximately 31,934 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Oregon Butte Wilderness".
(x) Mahogany butte wilderness.--Certain Federal land, comprising approximately 8,953 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Mahogany Butte Wilderness".
(xi) Deer flat wilderness.--Certain Federal land, comprising approximately 12,250 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Deer Flat Wilderness".
(xii) Sacramento hill wilderness.--Certain Federal land, comprising approximately 9,574 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Sacramento Hill Wilderness".
(xiii) Deadman butte wilderness.--Certain Federal land, comprising approximately 7,152 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Deadman Butte Wilderness".
(xiv) Big grassey wilderness.--Certain Federal land, comprising approximately 44,238 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "Big Grassey Wilderness".
(xv) North fork owyhee wilderness.--Certain Federal land, comprising approximately 5,276 acres, as generally depicted on the map entitled "Proposed Wilderness Upper Owyhee" and dated December 12, 2023, which shall be known as the "North Fork Owyhee Wilderness".
(xvi) Mary gautreaux lower owyhee canyon wilderness.--Certain Federal land, comprising approximately 77,121 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Mary Gautreaux Lower Owyhee Canyon Wilderness".
(xvii) Jordan craters wilderness.--Certain Federal land, comprising approximately 29,255 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Jordan Craters Wilderness".
(xviii) Owyhee breaks wilderness.--Certain Federal land, comprising approximately 31,637 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Owyhee Breaks Wilderness".
(xix) Dry creek wilderness.--Certain Federal land, comprising approximately 33,209 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Dry Creek Wilderness".
(xx) Dry creek buttes wilderness.--Certain Federal land, comprising approximately 88,289 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Dry Creek Buttes Wilderness".
(xxi) Upper leslie gulch wilderness.--Certain Federal land, comprising approximately 2,997 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Upper Leslie Gulch Wilderness".
(xxii) Slocum creek wilderness.--Certain Federal land, comprising approximately 7,534 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Slocum Creek Wilderness".
(xxiii) Honeycombs wilderness.--Certain Federal land, comprising approximately 41,122 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Honeycombs Wilderness".
(xxiv) Wild horse basin wilderness.--Certain Federal land, comprising approximately 18,402 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Wild Horse Basin Wilderness".
(xxv) Quartz mountain wilderness.--Certain Federal land, comprising approximately 32,943 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Quartz Mountain Wilderness".
(xxvi) The tongue wilderness.--Certain Federal land, comprising approximately 5,909 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as "The Tongue Wilderness".
(xxvii) Three fingers rock north wilderness.--Certain Federal land, comprising approximately 12,462 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Three Fingers Rock North Wilderness".
(xxviii) Burnt mountain wilderness.--Certain Federal land, comprising approximately 8,115 acres, as generally depicted on the map entitled "Proposed Wilderness Lower Owyhee" and dated December 12, 2023, which shall be known as the "Burnt Mountain Wilderness".
(xxix) Camp creek wilderness.--Certain Federal land, comprising approximately 72,597 acres, as generally depicted on the map entitled "Proposed Wilderness Camp Creek Group" and dated December 12, 2023, which shall be known as the "Camp Creek Wilderness".
(B) Maps and legal descriptions.--
(i) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of each wilderness area.
(ii) Effect.--Each map and legal description prepared under clause (i) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or legal description.
(iii) Public availability.--The maps and legal descriptions prepared under clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau.
(C) Management.--
(i) In general.--Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(I) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
(II) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
(ii) Grazing.--The Secretary shall allow the continuation of the grazing of livestock, in the wilderness areas, if established before the date of enactment of this Act, in accordance with--
(I) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(II) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405).
(iii) Roads adjacent to wilderness areas.--Nothing in this Act requires the closure of any adjacent road outside the boundary of a wilderness area.
(iv) Fish and wildlife management activities.--
(I) In general.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas, if the management activities are--
(aa) consistent with applicable wilderness management plans; and
(bb) conducted in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405).
(II) Inclusions.--Management activities under subclause (I) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks.
(v) Existing activities.--Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), the State may use aircraft (including helicopters) in the wilderness areas to survey capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep and feral stock, feral horses, and feral burros.
(3) Management of land not designated as wilderness.--
(A) Release of wilderness study areas.--
(i) Finding.--Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the Clarks Butte Wilderness Study Area, Saddle Butte Wilderness Study Area, and Bowden Hills Wilderness Study Area have been adequately studied for wilderness designation.
(ii) Release.--Except as provided in subparagraph (B), the land described in clause (i)--
(I) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(II) shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C.
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1701 et seq.), including any applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712).
(B) Management of certain land with wilderness characteristics.--Any portion of the Federal land that was previously determined by the Secretary to be land with wilderness characteristics that is not designated as wilderness by paragraph (2)(A) and is not designated on the Map as "land with wilderness characteristics" shall be managed by the Secretary in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
(e) Land Conveyances to Burns Paiute Tribe and Castle Rock Co-stewardship Area.--
(1) Jonesboro ranch, road gulch, and black canyon land conveyances.--
(A) Conveyance and taking into trust.--
(i) Title.--As soon as practicable after the date of enactment of this Act, the Secretary shall accept title to the land described in subparagraph (B), if conveyed or otherwise transferred to the United States by, or on behalf of, the Burns Paiute Tribe.
(ii) Trust.--Land to which title is accepted by the Secretary under clause (i) shall--
(I) be held in trust by the United States for the benefit of the Burns Paiute Tribe; and
(II) be part of the reservation of the Burns Paiute Tribe.
(B) Description of land.--The land referred to in subparagraph (A)(i) is the following:
(i) Jonesboro ranch.--The parcel commonly known as "Jonesboro Ranch", located approximately 6 miles east of Juntura, Oregon, consisting of 21,548 acres of Federal land, 6,686 acres of certain private land owned by the Burns Paiute Tribe and associated with the Jonesboro Ranch containing the pastures referred to as "Saddle Horse" and "Trail Horse", "Indian Creek", "Sperry Creek", "Antelope Swales", "Horse Camp", "Dinner Creek", "Upper Hunter Creek", and "Tim's Peak", generally depicted as "Jonesboro Parcels (Transfer)" on the map entitled "Proposed Wilderness Camp Creek Group" and dated December 12, 2023, and more particularly described as follows:
(I) T. 20 S., R. 38 E., secs. 25 and 36, Willamette Meridian.
(II) T. 20 S., R. 39 E., secs. 25-36, Willamette Meridian.
(III) T. 20 S., R. 40 E., secs. 30, 31, and 32, Willamette Meridian.
(IV) T. 21 S., R. 39 E., secs. 1-18, 20-29, and 32-36, Willamette Meridian.
(V) T. 21 S., R. 40 E., secs. 5-8, 17-19, 30, and 31, Willamette Meridian.
(VI) T. 22 S., R. 39 E., secs. 1-5, 8, and 9, Willamette Meridian.
(ii) Road gulch; black canyon.--The approximately 4,137 acres of State land containing the pastures referred to as "Road Gulch" and "Black Canyon" and more particularly described as follows:
(I) T. 20 S., R. 39 E., secs. 10, 11, 15, 14, 13, 21-28, and 36, Willamette Meridian.
(II) T 20 S., R. 40 E., secs. 19, 30, 31, and 32, Willamette Meridian.
(C) Applicable law.--Land taken into trust under subparagraph (A)(ii) shall be administered in accordance with the laws (including regulations) generally applicable to property held in trust by the United States for the benefit of an Indian Tribe.
(D) Map of trust land.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map depicting the land taken into trust under subparagraph (A)(ii).
(E) Land exchange.--Not later than 3 years after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the State under which the Secretary would exchange Federal land for the portions of the area described in subparagraph (B)(ii) that are owned by the State.
(2) Castle rock land to be held in trust and co-stewardship area.--
(A) Land to be held in trust.--All right, title, and interest of the United States in and to the approximately 2,500 acres of land in the Castle Rock Wilderness Study Area, as depicted as "Lands to be Taken into Trust" on the map entitled "Land into Trust and Co-Stewardship Castle Rock Group" and dated December 12, 2023, shall--
(i) be held in trust by the United States for the benefit of the Burns Paiute Tribe; and
(ii) be part of the reservation of the Burns Paiute Tribe.
(B) Castle rock co-stewardship area.--
(i) Memorandum of understanding.--
(I) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall seek to enter into a memorandum of understanding with the Burns Paiute Tribe to provide for the co-stewardship of the area depicted as "Tribal Co-Stewardship Area" on the map entitled "Land into Trust and Co-Stewardship Castle Rock Group" and dated December 12, 2023, to be known as the "Castle Rock Co-Stewardship Area".
(II) Requirement.--The memorandum of understanding entered into under subclause (I) shall ensure that the Castle Rock Co-Stewardship Area is managed in a manner that--
(aa) ensures that Tribal interests are adequately considered;
(bb) provides for maximum protection of cultural and archaeological resources; and
(cc) provides for the protection of natural resources with cultural significance.
(ii) Management agreements.--In accordance with applicable law (including regulations), the Secretary may enter into 1 or more management agreements with the Burns Paiute Tribe to authorize the Burns Paiute Tribe to carry out management activities in the Castle Rock Co-Stewardship Area in accordance with the memorandum of understanding entered into under clause (i)(I).
(iii) Grazing.--The grazing of livestock in the Castle Rock Co-Stewardship Area, if established before the date of enactment of this Act, shall be permitted to continue in accordance with applicable law (including regulations).
(iv) Water rights.--Nothing in this subparagraph--
(I) affects any valid and existing water rights; or
(II) provides the Burns Paiute Tribe with any new water right or claim.
(C) Withdrawal.--Subject to valid existing rights, the land taken into trust under subparagraph (A) and the land comprising the Castle Rock Co-Stewardship Area are withdrawn from--
(i) all forms of entry, appropriation, and disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) operation of the mineral leasing and geothermal leasing laws and mineral materials laws.
(3) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $2,000,000 for fiscal year 2026.
(4) Effect on tribal rights and certain existing uses.--Nothing in this subsection, including any designation or nondesignation of land transferred into trust to be held by the United States for the benefit of the Burns Paiute Tribe under this subsection--
(A) alters, modifies, enlarges, diminishes, or abrogates rights secured by a treaty, statute, Executive order, or other Federal law of any Indian Tribe, including off-reservation reserved rights; or
(B) affects--
(i) existing rights-of-way; or
(ii) preexisting grazing uses and existing water rights or mining claims, except as specifically negotiated between any applicable Indian Tribe and the Secretary.
SA 6417. Mr. PETERS 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:
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At the end of subtitle G of title X, add the following:
SEC. 1__. PROHIBITION ON THE DISPOSITION OF HART-DOLE-INOUYE
FEDERAL CENTER.
The Administrator of General Services may not take any action to dispose of the Hart-Dole-Inouye Federal Center located at 74 North Washington Avenue in Battle Creek, Michigan.
______
SA 6418. Mr. PETERS (for himself 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:
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At the appropriate place, insert the following:
SEC. ___. STRENGTHENING SUPPORT FOR AMERICAN MANUFACTURING.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the House of Representatives.
(2) Covered offices and bureaus.--The term "covered offices and bureaus" means offices and bureaus of the Department of Commerce identified under subsection (b)(1)(A).
(3) Critical supply chain.--The term "critical supply chain" means an end-to-end system that converts raw materials into finished products in critical sectors, including in--
(A) the defense industrial base;
(B) the public health and biological preparedness industrial base;
(C) the information and communications technology industrial base;
(D) the energy sector industrial base;
(E) the transportation industrial base; and
(F) agricultural supply chains.
(4) Critical supply chain resilience.--The term "critical supply chain resilience" means mitigating gaps and vulnerabilities in critical supply chains, including by--
(A) reducing risk of malicious sabotage or external or internal manipulation; and
(B) improving the ability to withstand supply chain interruptions such as logistical challenges and workforce, materials, equipment, or product shortages.
(5) Manufacturing and industrial innovation.--The term "manufacturing and industrial innovation" means--
(A) providing assistance, resources, or services to manufacturers or manufacturing workers in the United States;
(B) offering expertise, improvements, research, and development or other assistance in technological innovations or advanced manufacturing in partnership with or for use by manufacturers in the United States; or
(C) developing policy that substantially impacts the manufacturing sector in the United States.
(6) Secretary.--The term "Secretary" means the Secretary of Commerce.
(b) Study Relating to Manufacturing Programs of the Department of Commerce.--
(1) Assessment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall produce a report that--
(A) identifies offices and bureaus of the Department of Commerce with responsibilities related to--
(i) critical supply chain resilience; and
(ii) manufacturing and industrial innovation;
(B) identifies the duties, responsibilities, programs, and expertise relevant to critical supply chain resilience and manufacturing and industrial innovation of each covered office and bureau;
(C) identifies and assesses the purpose, statutory authority, effectiveness, efficiency, and limitations of each covered office and bureau;
(D) identifies gaps between offices with duplicative duties, responsibilities, programs, and expertise within the Department of Commerce that are implementing activities related to critical supply chain resilience and manufacturing and industrial innovation; and
(E) provides recommendations to improve the effectiveness, efficiency, and impact of each covered office and bureau, including recommendations to--
(i) optimize operations within or across covered offices and bureaus;
(ii) improve coordination across covered offices and bureaus; and
(iii) improve coordination with Federal agencies implementing similar activities related to critical supply chain resilience and manufacturing and industrial innovation.
(2) National academy of public administration.--The Secretary shall contract with the National Academy of Public Administration in producing the report under paragraph (1).
(3) Report.--Not later than 180 days after the date on which the Secretary produces the report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress--
(A) the report produced under paragraph (1);
(B) recommendations for potential legislative action addressing recommendations in the report produced under paragraph (1); and
(C) a response from the Secretary to the recommendations included in the report produced under paragraph (1).
______
SA 6419. Mr. PETERS (for himself 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:
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At the appropriate place, insert the following:
SEC. __01. SHORT TITLE.
This subtitle may be cited as the "Securing Semiconductor Supply Chains Act".
SEC. __02. SELECTUSA DEFINED.
In this subtitle, the term "SelectUSA" means the SelectUSA program of the Department of Commerce established by Executive Order 13577 (76 Fed. Reg. 35715).
SEC. __03. FINDINGS.
Congress makes the following findings:
(1) Semiconductors underpin the United States and global economies, including manufacturing sectors. Semiconductors are also essential to the national security of the United States.
(2) A shortage of semiconductors, brought about by the COVID-19 pandemic and other complex factors impacting the overall supply chain, has threatened the economic recovery of the United States and industries that employ millions of United States citizens.
(3) Addressing current challenges and building resilience against future risks requires ensuring a secure and stable supply chain for semiconductors that will support the economic and national security needs of the United States and its allies.
(4) The supply chain for semiconductors is complex and global. While the United States plays a leading role in certain segments of the semiconductor industry, securing the supply chain requires onshoring, reshoring, or diversifying vulnerable segments, such as for--
(A) fabrication;
(B) advanced packaging; and
(C) materials and equipment used to manufacture semiconductor products.
(5) The Federal Government can leverage foreign direct investment and private dollars to grow the domestic manufacturing and production capacity of the United States for vulnerable segments of the semiconductor supply chain.
(6) The SelectUSA program of the Department of Commerce, in coordination with other Federal agencies and State-level economic development organizations, is positioned to boost foreign direct investment in domestic manufacturing and to help secure the semiconductor supply chain of the United States.
SEC. __04. COORDINATION WITH STATE-LEVEL ECONOMIC DEVELOPMENT
ORGANIZATIONS.
Not later than 180 days after the date of the enactment of this Act, the Executive Director of SelectUSA shall solicit comments from State-level economic development organizations--
(1) to review--
(A) what efforts the Federal Government can take to support increased foreign direct investment in any segment of semiconductor-related production;
(B) what barriers to such investment may exist and how to amplify State efforts to attract such investment;
(C) public opportunities those organizations have identified to attract foreign direct investment to help increase investment described in subparagraph (A); and
(D) resource gaps or other challenges that prevent those organizations from increasing such investment; and
(2) to develop recommendations for--
(A) how SelectUSA can increase such investment independently or through partnership with those organizations; and
(B) working with countries that are allies or partners of the United States to ensure that foreign adversaries (as defined in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2))) do not benefit from United States efforts to increase such investment.
SEC. __05. REPORT ON INCREASING FOREIGN DIRECT INVESTMENT IN
SEMICONDUCTOR-RELATED MANUFACTURING AND
PRODUCTION.
Not later than 2 years after the date of the enactment of this Act, the Executive Director of SelectUSA, in coordination with the Federal Interagency Investment Working
Group established by Executive Order 13577 (76 Fed. Reg. 35,715; relating to establishment of the SelectUSA Initiative), shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes--
(1) a review of the comments SelectUSA received from State-level economic development organizations under section __04;
(2) a description of activities SelectUSA is engaged in to increase foreign direct investment in semiconductor-related manufacturing and production; and
(3) an assessment of strategies SelectUSA may implement to achieve an increase in such investment and to help secure the United States supply chain for semiconductors, including by--
(A) working with other relevant Federal agencies; and
(B) working with State-level economic development organizations and implementing any strategies or recommendations SelectUSA received from those organizations.
SEC. __06. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for the purpose of carrying out this subtitle. The Executive Director of SelectUSA shall carry out this subtitle using amounts otherwise available to the Executive Director for such purposes.
______
SA 6420. Mr. PETERS 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:
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At the appropriate place in title X, insert the following:
SEC. 10__. WORKFORCE FRAMEWORKS FOR CRITICAL AND EMERGING
TECHNOLOGIES.
(a) Definitions.--
(1) In general.--In this section, the terms "competencies", "workforce categories", and "workforce framework" have the meanings given such terms in subsection (f) of section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272), as added by subsection (b) of this section.
(2) Amendment to nist act.--Section 2 of such Act (15 U.S.C. 272) is amended by adding at the end the following:
"(f) Definitions.--In this section:
"(1) Competencies.--The term `competencies' means knowledge and skills.
"(2) Workforce categories.--The term `workforce categories' means a high-level grouping of tasks across an organization as defined by work roles within the category.
"(3) Workforce framework.--The term `workforce framework' means a common taxonomy and lexicon for any given domain that includes the building blocks of tasks, knowledge, or skills that can be structured to form work roles or competency areas.".
(b) Expansion of Functions of Director of National Institute of Standards and Technology To Include Workforce Frameworks for Critical and Emerging Technologies.--Section 2(b) of such Act (15 U.S.C. 272(b)) is amended--
(1) in paragraph (12), by striking "; and" and inserting a semicolon;
(2) in paragraph (13), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following:
"(14)(A) to develop, maintain, and provide industry, government, research, nonprofit, labor organizations, and educational institutions with workforce frameworks for critical and emerging technologies and other science, technology, engineering, and mathematics domains for the purpose of bolstering scientific and technical education, training, and workforce development;
"(B) at least once every 3 years--
"(i) to determine if an update to any workforce framework, or its components or associated materials, including work roles or competency areas, provided pursuant to subparagraph (A) are appropriate; and
"(ii) if the Director determines it is appropriate under clause (i), to update such frameworks and components;
"(C) consider including in all workforce frameworks, or associated materials--
"(i) relevant professional skills or employability skills;
"(ii) relevant support or operations work roles and competency areas such as administration and finance, law and policy, ethics, privacy, human resources, information technology, operational technology, supply chain security, and acquisition and procurement;
"(iii) information that promotes the discovery of careers in critical and emerging technologies and the multiple career pathways for learners from a variety of backgrounds, including individuals with nontechnical or other nontraditional backgrounds and education; and
"(iv) information for how individuals can acquire relevant credentials (e.g., academic degrees, certificates, certifications, etc.) that qualify individuals for employment and career advancement;
"(D) consult, as the Director considers appropriate, with Federal agencies, industry, State, local, Tribal, and territorial government, nonprofit, labor organizations, research, and academic institutions in the development of workforce frameworks, or associated materials;
"(E) to produce resources in multiple languages to support global adoption of the frameworks provided pursuant to subparagraph (A); and
"(F) after each determination under subparagraph (B), to submit to Congress a report on such determination and any plans to review and update any workforce frameworks under this paragraph.".
(c) NICE Workforce Framework for Cybersecurity Update.--
(1) Report on updates.--
(A) In general.--Not later than 180 days after the date of the enactment of this Act, and subsequently pursuant to paragraph (14)(F) of section (2)(b) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)), as added by subsection (b) of this section, the Director of the National Institute of Standards and Technology shall submit to Congress a report that describes the process for ongoing review and updates to the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800-181), or a successor framework.
(B) Requirements.--Each report submitted pursuant to subparagraph (A) shall--
(i) summarize proposed changes to the framework;
(ii) identify, with regard to the work roles, tasks, knowledge, and skills included in the framework, how industry, academia, labor organizations, and relevant government agencies are consulted in the update; and
(iii) describe--
(I) the ongoing process and timeline for updating the framework; and
(II) the incorporation of any additional work roles or competency areas in domains such as administration and finance, law and policy, ethics, privacy, human resources, information technology, operational technology, supply chain security, and acquisition and procurement.
(2) Report on application and use of nice framework.--Not later than 3 years after the date of the enactment of this Act and not less frequently than once every 3 years thereafter for 9 years, the Director shall, in consultation with industry, government, nonprofit, labor organizations, research, and academic institutions, submit to Congress a report that identifies--
(A) applications and uses of the framework described in paragraph (1)(A) in practice;
(B) any guidance that the program office of the National Initiative for Cybersecurity Education provides to increase adoption by employers and education and training providers of the work roles and competency areas for individuals who perform cybersecurity work at all proficiency levels;
(C) available information regarding employer and education and training provider use of the framework;
(D) an assessment of the use and effectiveness of the framework by and for individuals with nontraditional backgrounds or education, especially individuals making a career change or not pursuing a bachelor's degree or higher; and
(E) any additional actions taken by the Director to increase the use of the framework.
(3) Cybersecurity career exploration resources.--The Director, acting through the National Initiative for Cybersecurity Education, shall disseminate cybersecurity career resources for all age groups, including kindergarten through secondary and postsecondary education and adult workers.
(d) Additional Workforce Frameworks.--
(1) Framework assessment.--Not later than 180 days after the date of the enactment of this Act, the Director shall assess the need for additional workforce frameworks for critical and emerging technologies, such as quantum information science.
(2) Development of additional frameworks.--
(A) In general.--The Director shall develop and publish a workforce framework for each additional workforce framework that the Director determines is needed pursuant to an assessment carried out pursuant to paragraph (1).
(B) Required ai framework.--Notwithstanding paragraph (1) and subparagraph (A) of this paragraph, not less than 540 days after the date of the enactment of this Act, the Director shall develop and publish a workforce framework, workforce categories, work roles, and competency areas for artificial intelligence.
(3) Model.--In developing a workforce framework under paragraph (2), the Director may use the Playbook for Workforce Frameworks developed by the National Initiative for Cybersecurity Education that is modeled after the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800-181), or a successor framework.
(4) Framework components.--Each framework developed pursuant to paragraph (2) shall include relevant support or operations work roles and competency areas such as administration and finance, law and policy, ethics, privacy, human resources, information technology, operational technology, supply chain security, and acquisition and procurement, as the Director considers appropriate, in alignment with paragraph (14)(C) of section 2(b) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)), as added by subsection (b).
(5) Professional skills required.--Each framework developed pursuant to paragraph
(2) shall include professional skills or employability skills, as the Director considers appropriate, in alignment with paragraph (14)(C) of section 2(b) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)), as added by subsection (b).
(6) Nontraditional backgrounds.--Each framework developed under paragraph (2), or materials associated with each framework, shall include information for how individuals with nontechnical or other nontraditional backgrounds and education may utilize their skills for such frameworks' roles and tasks, in alignment with paragraph (14)(D) of section 2(b) of the such Act (15 U.S.C. 272(b)(14)(D)), as so added.
(7) Updates.--The Director shall update each framework developed under paragraph (2) in accordance with subparagraph (B) of paragraph (14) of section 2(b) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)), as added by subsection (b) of this section, and submit to Congress reports in accordance with subparagraph (F) of such paragraph.
______
SA 6421. Mr. PETERS (for himself 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:
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At the appropriate place, insert the following:
SEC. ___. NATIONAL MANUFACTURING ADVISORY COUNCIL.
(a) Definitions.--In this section:
(1) Advisory council.--The term "Advisory Council" means the National Manufacturing Advisory Council established under subsection (b).
(2) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions of the Senate;
(C) the Committee on Energy and Natural Resources of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Appropriations of the Senate;
(F) the Committee on Small Business and Entrepreneurship of the Senate;
(G) the Committee on Energy and Commerce of the House of Representatives;
(H) the Committee on Education and Labor of the House of Representatives;
(I) the Committee on Science, Space, and Technology of the House of Representatives;
(J) the Committee on Armed Services of the House of Representatives;
(K) the Committee on Appropriations of the House of Representatives; and
(L) the Committee on Small Business of the House of Representatives.
(3) Economically distressed area.--The term "economically distressed area" means an area that meets 1 or more of the requirements described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
(4) Rural area.--The term "rural area" means an area located outside a metropolitan statistical area, as designated by the Office of Management and Budget.
(5) Secretary.--The term "Secretary" means the Secretary of Commerce.
(b) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, the Secretary of Defense, the Secretary of Energy, the United States Trade Representative, and the Secretary of Education, shall establish within the Department of Commerce the National Manufacturing Advisory Council.
(c) Mission.--The mission of the Advisory Council shall be to--
(1) provide a forum for--
(A) regular communication between the Federal Government and the manufacturing sector, including manufacturing workers, in the United States; and
(B) discussing and proposing solutions to problems relating to the manufacturing sector in the United States, including the manufacturing workforce, supply chain interruptions, and regulatory and other logistical challenges;
(2) advise the Secretary regarding policies and programs of the Federal Government that affect manufacturing, including the manufacturing workforce, in the United States; and
(3) annually produce a national strategic plan, as described in subsection (g), that provides recommendations to the Secretary and the appropriate committees of Congress regarding how to help the United States remain the preeminent destination throughout the world for investment in manufacturing, which shall be based on the execution of the duties of the Advisory Council.
(d) Duties.--The duties of the Advisory Council shall include the following:
(1) Meeting not less frequently than once every 180 days, in a manner to be determined by the Secretary and that is in compliance with chapter 10 of title 5, United States Code, in order to provide independent advice and recommendations to the Secretary regarding issues involving manufacturing in the United States.
(2) Identifying and assessing the impact that technological developments, critical production capacity, skill availability, investment patterns, and emerging defense needs have on the manufacturing competitiveness of the United States and providing advice and recommendations to the Secretary regarding that impact.
(3) Soliciting input from the public and private sectors and academia relating to emerging trends in manufacturing, and the responsiveness of Federal programming with respect to manufacturing, and providing advice and recommendations to the Secretary for areas of increased Federal attention with respect to manufacturing.
(4) Identifying, and providing advice and recommendations to the Secretary regarding, global and domestic manufacturing trends, including on matters such as supply chain interruptions, logistical challenges, and demographic and technological changes affecting the manufacturing base in the United States.
(5) Providing advice and recommendations to the Secretary on matters relating to investment in, and support of, the manufacturing workforce in the United States, including on matters such as--
(A) worker participation in planning for the deployment of new technologies across the manufacturing sector in the United States and within workplaces in that sector;
(B) training and education priorities for the Federal Government and employers to assist workers in adapting the skills and experiences of those workers to fit the demands of the manufacturing sector in the United States in the 21st century;
(C) how the development of new technologies and processes have impacted, and will impact, the manufacturing workforce of the United States and the economy of the United States, which shall be based on input from manufacturing workers;
(D) policies and procedures that expand access to jobs, career advancement opportunities, and management opportunities in the manufacturing sector in the United States for low-income individuals in the United States, or new entrants into that sector, in both urban and rural areas; and
(E) how to improve access to demand-driven manufacturing-related education, training, and re-training for workers, including at community and technical colleges, through other institutions of higher education, and through apprenticeships and work-based learning opportunities.
(6) Providing recommendations to the Secretary on ways to--
(A) provide--
(i) manufacturing-related worker education, training, and development; and
(ii) entrepreneurship training relating to manufacturing;
(B) connect individuals and businesses with services described in subparagraph (A) that are offered in the communities of those individuals or businesses;
(C) coordinate services relating to manufacturing employee engagement, including employee ownership and workforce training;
(D) connect manufacturers with community and technical colleges, other institutions of higher education, State or local workforce development boards established under section 101 or 107 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111, 3122), labor organizations, and nonprofit job training providers to develop and support training and job placement services, and apprenticeship and online learning platforms, for new and incumbent manufacturing workers;
(E) integrate new technologies and processes into the manufacturing sector in the United States and address the workforce impacts of those new technologies and processes; and
(F) develop best practices for manufacturers to incorporate, or transition to, employee ownership structures.
(7) With respect to the matters described in paragraphs (1) through (6), soliciting input from--
(A) economically distressed areas;
(B) geographically diverse regions of the United States, including both urban and rural areas; and
(C) areas of the United States that have suffered mass layoffs in the manufacturing sector.
(8) Identifying Federal, State, or other regulations that may have caused, or will cause, unnecessary supply chain disruptions, impaired business operations, increased prices, or other costly burdens for consumers and the manufacturing sector in the United States and recommending to the Secretary steps to--
(A) mitigate those consequences; and
(B) foster an environment in the United States that is favorable to manufacturers, manufacturing workers, and consumers.
(9) Completing other specific tasks requested by the Secretary.
(e) Membership.--
(1) In general.--The Advisory Council shall--
(A) consist of not more than 30 individuals appointed by the Secretary with a balance of backgrounds, experiences, and viewpoints; and
(B) include individuals with manufacturing experience who represent--
(i) private industry, including small and medium-sized manufacturers and any relevant standards development organizations or relevant trade associations;
(ii) academia; and
(iii) labor.
(2) Public participation.--The Secretary shall, to the maximum extent practicable, accept recommendations from the public regarding the appointment of individuals under paragraph (1).
(3) Period of appointment; vacancies.--
(A) In general.--Each member of the Advisory Council shall be appointed by the Secretary for a term of 3 years.
(B) Renewal.--The Secretary may renew an appointment made under subparagraph (A) for not more than 2 additional terms.
(C) Stagger terms.--The Secretary may stagger the terms of the members of the Advisory Council to ensure that the terms of those members expire during different years.
(D) Vacancies.--
(i) In general.--Subject to clause (ii), a member appointed to fill a vacancy on the Advisory Council occurring before the expiration of the term for which the predecessor of the newly appointed member was appointed shall be appointed only for the remainder of that term of the predecessor.
(ii) Further service.--A member of the Advisory Council who is appointed for the remainder of a term of a predecessor under clause (i) may serve after the expiration of that term of the predecessor and until the date on which the Secretary has appointed a successor.
(f) Transfer of Functions.--
(1) In general.--All functions of the United States Manufacturing Council of the International Trade Administration of the Department of Commerce, as in existence on the day before the date of enactment of this Act, shall be transferred to the Advisory Council.
(2) Deeming of name.--Any reference in any law, regulation, document, paper, or other record of the United States to the United States Manufacturing Council of the International Trade Administration of the Department of Commerce shall be deemed a reference to the Advisory Council.
(3) Existing advisory committee.--Any Federal advisory committee of the Department of Commerce that is operating on the day before the date of enactment of this Act under a charter filed in accordance with section 1008(c) of title 5, United States Code, for the purpose of addressing the purposes and duties described in this section shall satisfy the requirement under subsection (b) to establish the Advisory Council if, not later than 180 days after that date of enactment, the Federal advisory committee is modified, as necessary, to comply with the requirements of this section.
(g) National Strategic Plan.--Not later than 180 days after the date on which the Advisory Council holds the initial meeting of the Advisory Council, and annually thereafter, the Advisory Council shall submit to the Secretary and the appropriate committees of Congress--
(1) a national strategic plan for manufacturing in the United States that is based on the execution of the duties of the Advisory Council under subsection (d); and
(2) a detailed statement of the activities that the Advisory Council conducted to carry out the duties of the Advisory Council under subsection (d).
(h) Departmental Support.--In accordance with prevailing laws and regulations, the Secretary, as the Secretary considers appropriate, shall furnish to the Advisory Council relevant information that--
(1) is in the possession of the Department of Commerce; and
(2) relates to the mission of the Advisory Council.
(i) No Additional Funds Authorized.--No additional funds are authorized to be appropriated to carry out this section.
(j) Sunset.--The Advisory Council shall terminate on September 30 of the fifth year after the year in which the Advisory Council holds the first meeting of the Advisory Council.
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SA 6422. Ms. CORTEZ MASTO 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. PROTECTION OF RUBY MOUNTAINS, NEVADA.
(a) Withdrawal of Certain National Forest System Land.--
(1) Withdrawal.--Subject to valid existing rights, the approximately 309,272 acres of Federal land and interests in the land located in the Ruby Mountains subdistrict of the Humboldt-Toiyabe National Forest within the area depicted on the Forest Service map entitled "S. 258 Ruby Mountains Protective Act" and dated December 5, 2019, as "National Forest System Lands" are withdrawn from all forms of operation under the mineral leasing laws.
(2) Application.--Any land or interest in land within the boundary of the Ruby Mountains subdistrict of the Humboldt-Toiyabe National Forest that is acquired by the United States after the date of enactment of this Act shall be withdrawn in accordance with paragraph (1).
(3) Availability of map.--The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
(b) Withdrawal of Certain National Wildlife Refuge System Land.--
(1) Withdrawal.--
(A) In general.--Subject to valid existing rights, the approximately 39,926.10 acres of Federal land and interests in the land located in the Ruby Lake National Wildlife Refuge and depicted on the United States Fish and Wildlife Service map entitled "S. XXX Ruby Mountains Protection Act" and dated February 23, 2021, as "Ruby Lake National Wildlife Refuge" are withdrawn from all forms of operation under the mineral leasing laws, subject to subparagraph (B).
(B) Exception.--The withdrawal under subparagraph (A) shall not apply to noncommercial refuge management activities by the United States Fish and Wildlife Service.
(2) Application.--Any land or interest in land within the boundary of the Ruby Lake National Wildlife Refuge that is acquired by the United States after the date of enactment of this Act shall be withdrawn in accordance with paragraph (1).
(3) Availability of map.--The map described in paragraph (1)(A) shall be on file and available for public inspection in the appropriate offices of the United States Fish and Wildlife Service.
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SA 6423. Ms. CORTEZ MASTO (for herself and Ms. Rosen) 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:
Text printed in the Record (1,245 characters)
At the appropriate place in title X, insert the following:
SEC. ___. FEDERAL SHARING OF INFORMATION ABOUT VETERANS WITH
STATE AGENCIES.
(a) Sharing Required.--The Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Homeland Security, the Archivist of the United States, the Secretary of Labor, and the head of any other Federal agency that collects, maintains, or archives veteran-specific data relating to service in the Armed Forces shall share such data with State agencies that have a focus on helping veterans.
(b) Data.--Data shared under subsection (a) shall include the following:
(1) Service treatment records.
(2) Information about service-connected disabilities.
(3) Any record necessary to determine eligibility of a veteran for benefits and services from a State agency described in subsection (a).
(c) Purpose.--Data shared under subsection (a) shall be for the purpose of enabling State agencies described in such subsection to provide services to veterans, including the following:
(1) Admission to State Veterans' Homes.
(2) Disability and pension claims processing.
(3) Retirement corrections.
(4) Education benefits.
(5) The Department of Veterans Affairs Home Loan Guaranty Program.
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SA 6424. Ms. CORTEZ MASTO 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:
Text printed in the Record (4,229 characters)
At the appropriate place in title VIII, insert the following:
SEC. 8___. DESIGNATION AND USE OF A GOVERNMENT-OWNED,
CONTRACTOR-OPERATED RAPID MANUFACTURING
FACILITY FOR UNCREWED SYSTEMS.
(a) Designation of Facility.--The Secretary of Defense shall designate an existing Government-owned facility, or modify an existing facility within the organic industrial base, to function as a Government-owned, contractor-operated rapid manufacturing facility (in this section referred to as the "Facility") for the purpose of supporting accelerated production and integration of airborne and maritime uncrewed systems.
(b) Purpose.--The purpose of the Facility shall be to provide the Department of Defense with a surge-capable capability to rapidly produce, reconfigure, and scale uncrewed systems and associated payloads in response to operational requirements and contingency planning needs.
(c) Activities.--The Facility shall--
(1) support the production of airborne and maritime uncrewed systems, including attritable systems, loitering munitions, autonomous surface vessels, and modular payloads;
(2) employ modular open architectures, digital engineering, and advanced manufacturing techniques, including additive manufacturing and automation, to enable flexible production;
(3) maintain the capability to shift production across system types based on operational demand;
(4) prioritize systems capable of being fielded within 12 to 24 months using iterative development and deployment approaches; and
(5) support rapid transition from prototyping to production consistent with existing Department of Defense acquisition authorities.
(d) Operation.--
(1) Contract.--The Secretary shall provide for the operation of the Facility through a competitively awarded contract or consortium agreement using existing contracting authorities.
(2) Priority in operator selection.--In selecting an operator for the award of a contract or agreement under paragraph (1), the Secretary shall prioritize entities with demonstrated experience in rapid prototyping, advanced manufacturing, and defense system integration.
(e) Integration With Existing Efforts.--In carrying out this section, the Secretary shall ensure coordination with, and avoid duplication of, existing Department of Defense efforts, including--
(1) the Defense Innovation Unit;
(2) the Department of Defense Manufacturing Innovation Institutes;
(3) the Manufacturing Technology Program; and
(4) the transition activities of the Defense Advanced Research Projects Agency.
(f) Workforce Development.--The Secretary shall use the Facility, to the maximum extent practicable, to support training and reskilling of Department of Defense personnel and members of the defense industrial workforce in advanced manufacturing, digital engineering, and agile production methods, using existing training programs and authorities.
(g) Limitation.--The Facility may not be used for the production of major defense acquisition program platforms, including ships and submarines.
(h) Implementation Plan.--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 report describing--
(1) the facility designated under subsection (a);
(2) the manner by which existing authorities, facilities, and appropriations will be used to carry out this section;
(3) the management and contracting structure for the Facility; and
(4) metrics to evaluate production speed, flexibility, and operational relevance.
(i) Budget Neutrality.--
(1) No additional funds authorized.--No additional funds are authorized to be appropriated to carry out this section.
(2) Use of existing resources.--The Secretary of Defense shall carry out this section using amounts otherwise authorized and appropriated for the Department of Defense.
(3) No new program element required.--Nothing in this section shall be construed to require the establishment of a new program element or budget line.
(j) Rule of Construction.--Nothing in this section may be construed to alter or expand the statutory requirements applicable to major defense acquisition programs or to create a new acquisition category.
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SA 6425. Ms. CORTEZ MASTO 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:
Text printed in the Record (516 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. ADDITION TO DEFINITION OF "CRITICAL
TECHNOLOGIES" FOR REVIEWS BY COMMITTEE ON
FOREIGN INVESTMENT IN THE UNITED STATES.
Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following:
"(vii) Critical and emerging technologies identified in the most recent update to the Critical and Emerging Technologies List published by the National Science and Technology Council.".
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SA 6426. Ms. CORTEZ MASTO 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:
Text printed in the Record (1,115 characters)
At the appropriate place in title XV, insert the following:
SEC. __. 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.
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SA 6427. Ms. CORTEZ MASTO (for herself and Ms. Ernst) 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:
Text printed in the Record (8,313 characters)
At the end of title XII, add the following:
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Pacific Partnership Act".
SEC. 1282. SENSE OF CONGRESS.
It is the sense of Congress as follows:
(1) The United States has longstanding and enduring cultural, historic, economic, strategic, and people-to-people connections with the Pacific Islands, based on shared values, cultural histories, common interests, and a commitment to fostering mutual understanding and cooperation.
(2) Successive United States administrations have recognized the critical importance of the Pacific Islands, to the world in high-level strategic documents, including the--
(A) 2015 National Security Strategy, which first declared the rebalance to Asia and the Pacific, affirmed the United States as a Pacific nation, and paved the way for subsequent United States engagement with the Pacific Islands;
(B) 2017 National Security Strategy, which includes a commitment to "shore up fragile partner states in the Pacific Islands region to reduce their vulnerability to economic fluctuations and natural disasters";
(C) 2019 Indo-Pacific Strategy Report, which identified the Pacific Islands as "critical to United States strategy because of our shared values, interests, and commitments";
(D) 2022 Indo-Pacific Strategy Report, which recognized the need to engage further with the Pacific Islands on shared security goals; and
(E) 2022 Strategy for Pacific Partnership, which outlined goals and methods for deepening the United States partnerships with Pacific Island nations.
(3) The United States Government should further develop, expand, and support a comprehensive and multifaceted United States policy for the Pacific Islands that--
(A) promotes peace, security, and prosperity for all countries that respects the sovereignty and political independence of all nations;
(B) preserves the Pacific Ocean as a corridor for international maritime economic opportunities and growth and promotes sustainable development;
(C) supports regional efforts to address shared challenges, including by strengthening resilience to natural disasters and stewardship of natural resources; and
(D) strengthens democratic governance and the rule of law, and promotes internationally recognized human rights and the preservation of the region's cultural heritages.
(4) The United States should collaborate closely with existing regional multilateral institutions and frameworks, such as the Pacific Islands Forum and the Pacific Community.
(5) The United States should work closely with United States allies and partners with existing relationships and interests in the Pacific Islands, such as Australia, Japan, South Korea, New Zealand, and Taiwan, and regional institutions like the Pacific Islands Forum.
SEC. 1283. STRATEGY FOR PACIFIC PARTNERSHIP.
(a) In General.--Not later than January 1, 2026, and again not later than January 1, 2030, the President, in coordination with the Secretary of State, shall develop and submit to the appropriate congressional committees a strategy entitled the "Strategy for Pacific Partnership" (in this section referred to as the "Strategy").
(b) Matters To Be Included.--The Strategy shall include each of the following:
(1) A description of overarching goals for United States engagement in the Pacific Islands region, including United States diplomatic posts, defense posture, and economic engagement.
(2) An assessment of threats and pressures to the Pacific Islands region including those caused by factors such as--
(A) natural disasters;
(B) illegal, unreported, and unregulated fishing;
(C) non-United States military presence and activity;
(D) developmental challenges;
(E) economic coercion and corruption; and
(F) other factors assessed to be causing a direct risk to the United States national interests in the Pacific Islands.
(3) A plan to address the threats assessed pursuant to paragraph (2).
(4) A plan for the resources necessary for the United States to meet its goals in the Pacific Islands region.
(5) Mechanisms, including existing forums, for coordinating and cooperating on shared goals among the following, as appropriate:
(A) the governments of Pacific Island countries;
(B) regional partners in the Pacific Islands region, including multilateral forums and organizations, such as the Pacific Islands Forum;
(C) civil society in the Pacific Islands; and
(D) United States subnational governments in the Pacific.
(c) Consultation.--In developing the Strategy, the President should consult, as appropriate, with--
(1) relevant United States governmental agencies;
(2) regional organizations, such as the Pacific Islands Forum, the Pacific Islands Development Program, the Pacific Community, the Forum Fisheries Agency, and the Secretariat of the Pacific Regional Environment Programme;
(3) the governments of the countries in the Pacific Islands;
(4) civil society stakeholders;
(5) United States allies and partners; and
(6) United States Pacific territories and States.
SEC. 1284. ALLIES AND PARTNERS IN THE PACIFIC ISLANDS REGION.
(a) In General.--The President, in consultation with the Secretary of State, and the relevant heads of other Federal departments and agencies, should consult and coordinate with allies and partners in the Pacific Islands region, including Australia, Japan, New Zealand, Taiwan, and regional institutions, such as the Pacific Islands Forum, the Pacific Islands Development Program, the Pacific Community and Secretariat for the Pacific Regional Environment Programme, with respect to programs to provide assistance to the Pacific Islands, including for purposes of--
(1) deconflicting programming;
(2) ensuring that any programming does not adversely affect the absorptive capacity of the Pacific Islands;
(3) ensuring complementary programs benefit the Pacific Islands to the maximum extent practicable; and
(4) ensuring that programming aligns with regional development goals to promote a shared vision for the future of the Pacific Islands.
(b) Formal Consultative Process.--The President should establish a formal consultative process with such regional allies and partners to coordinate with respect to such programs and future-years programming.
SEC. 1285. REPORTING.
(a) Updates of Certain Reports.--
(1) In general.--The Secretary of State, in coordination with the heads of other Federal departments and agencies as appropriate, shall annually update the reports listed in paragraph (2) to include within the scope of such reports a regional discussion of transnational crime affecting the Pacific Islands.
(2) Reports listed.--The reports listed in this paragraph are the following:
(A) The International Narcotics Control Strategy report required by section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h).
(B) The Improving International Fisheries Management report required by section 607 of title VI of the Fisheries Act of 1995 (16 U.S.C. 1826h).
(C) The Trafficking in Persons report submitted under section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107).
(b) Modification to Report on Indo-Pacific Region.--Section 5595(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 3393) is amended--
(1) by striking paragraph (1) and redesignating paragraph (2) as paragraph (1);
(2) in paragraph (1), as so redesignated, by striking "the 2022 Indo-Pacific Strategy, or successor documents," and inserting "any relevant guidance documents"; and
(3) by inserting after paragraph (1), as so redesignated, the following:
"(2) Implementing any relevant guidance documents that set forth the United States Government strategy toward the Pacific Islands region.".
SEC. 1286. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Foreign Relations of the Senate.
(2) Pacific islands; pacific islands region.--The term "Pacific Islands" and "Pacific Islands region" mean the nations, territories, and other jurisdictions in the Pacific Ocean within the broad groupings of Melanesia, Micronesia, and Polynesia.
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SA 6428. Mr. RICKETTS (for himself, Mrs. Fischer, Mr. Marshall, Mr. Young, Mr. Sullivan, Ms. Lummis, Mrs. Britt, and Mr. Grassley) 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:
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At the appropriate place, insert the following:
SEC. __. STOP INSIDER TRADING ACT.
(a) Short Title.--This section may be cited as the "Stop Insider Trading Act".
(b) Restrictions on Covered Investments.--
(1) Table of contents.--The table of contents for chapter 131 of title 5, United States Code, is amended by adding at the end the following:
"13151. Definitions. "13152. Restrictions on covered investments. "13153. Penalties.". (2) Restrictions.--Chapter 131 of title 5, United States Code, is amended by adding at the end the following:
"Sec. 13151. Definitions
"In this subchapter:
"(1) Covered individual.--The term `covered individual' means any of the following:
"(A) A Member of Congress, as defined in section 13101.
"(B) A dependent child (as defined in section 13101) or a spouse of a Member of Congress.
"(2) Covered investment.--
"(A) In general.--The term `covered investment' means--
"(i) a security issued by a publicly traded company; or
"(ii) any derivative, option, warrant, swap, or other instrument that provides economic exposure to, or the value of which is determined by reference to, a security described in clause (i).
"(B) Exclusion.--The term `covered investment' does not include--
"(i) an excepted investment fund (as described in section 13104(f)(8));
"(ii) any other fund that would be an excepted investment fund but for the fact that the fund does not meet the diversification requirement solely because the fund is concentrated in--
"(I) the United States; or
"(II) the State, territory, or District of residence of the covered individual who owns the fund;
"(iii) an interest in a small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632); or
"(iv) any investment held in a trust if--
"(I) no covered individual has any authority, directly or indirectly, to direct, veto, or materially influence any specific investment decisions of the trust, including any right to approve, disapprove, or require particular purchases, sales, or investment strategies; and
"(II) the trustee of the trust is not the spouse, child, parent, or sibling of a Member of Congress.
"(3) Publicly traded company.--The term `publicly traded company' means an issuer that has a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l).
"(4) Security.--The term `security' has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).
"(5) Supervising ethics office.--The term `supervising ethics office' has the meaning given the term in section 13101.
"Sec. 13152. Restrictions on covered investments
"(a) Conduct During Federal Service.--Except as described in subsection (c), no covered individual may purchase a covered investment.
"(b) Advanced Notice Requirement.--
"(1) In general.--No covered individual may sell a covered investment, unless a notice of intent to sell the covered investment is made by the relevant Member of Congress, on behalf of the Member of Congress or the spouse or dependent child of the Member of Congress, as applicable, and publicly disclosed at least 7 calendar days, and not more than 14 calendar days, prior to the sale in accordance with the requirements of this subsection.
"(2) Contents of notice.--The notice under paragraph (1) shall include the following:
"(A) The projected date of sale of a covered investment.
"(B) A description of such sale.
"(C) The number of shares in such sale.
"(3) Withdrawal.--The notice under paragraph (1) shall be withdrawn by the Member of Congress who filed it, prior to the close of the expiration of the notice, if the covered individual to whom the notice applies determines not to sell the covered investment.
"(4) Filing.--A Member of Congress shall file the notice under paragraph (1) for each intended sale by the Member of Congress, or the spouse or dependent child of the Member of Congress, with--
"(A) the Clerk of the House of Representatives, in the case of a Representative in Congress, a Delegate to Congress, or the Resident Commissioner from Puerto Rico; or
"(B) the Secretary of the Senate, in the case of a Senator.
"(5) Publication.--The notice under paragraph (1) and the withdrawal under paragraph (3) shall, upon receipt, be made publicly available on a website controlled by the Clerk of the House of Representatives or the Secretary of the Senate, as applicable.
"(c) Exceptions.--
"(1) Occupation.--The requirements of subsections (a) and (b) shall not apply to a spouse or dependent child of a Member of Congress with respect to a transaction in a covered investment which is--
"(A) on behalf, or for the benefit, of any person other than a covered individual; or
"(B) made as a part of compensation from an employer of such individual or in furtherance of any fiduciary or occupational obligations of such individual.
"(2) Other.--The requirements of subsection (a) shall not apply to a covered individual with respect to a transaction in a covered investment made for the purpose of reinvesting dividends received from such covered investment.
"Sec. 13153. Enforcement
"(a) In General.--Any covered individual who violates the restrictions under section 13152 with respect to a covered investment, shall, at the direction of the supervising ethics office--
"(1) incur a fee, as calculated under subsection (b), to be paid by the Member of Congress who--
"(A) caused the violation; or
"(B) is the spouse or parent of the covered individual who caused the violation; and
"(2) in the case of a purchase of a covered investment, be required to sell the covered investment purchased in violation of section 13152(a).
"(b) Calculation of Fees.--The fee required under subsection (a)(1) shall be equal to the sum of--
"(1) $2,000 or 10 percent of the value of the transaction in the covered investment that violates section 13152, whichever is greater; and
"(2) the net gain realized, if any, from the covered investment during the period beginning on the most recent date on which the individual became a covered individual and ending on the date of disposition of the covered investment, as determined by the supervising ethics office.
"(c) Payment Restrictions.--A Member of Congress may not pay any of the fees under this section by using amounts from the following sources:
"(1) If the covered individual is a Senator, the Senators' Official Personnel and Office Expense Account.
"(2) If the covered individual is a Member of the House of Representatives, the Members' Representational Allowance.
"(3) Any contribution (as defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) accepted as a candidate (as defined in that section), and any other donation received as support for activities of the covered individual as a holder of Federal office (as defined in that section).
"(d) Miscellaneous Receipts.--Any amounts collected in fees authorized by this section shall be deposited in the general fund of the Treasury as miscellaneous receipts in accordance with section 3302(b) of title 31.
"(e) Referral.--Upon the assessment of a fee under this section, the supervising ethics office may refer a Member of Congress to the Attorney General in the same manner and to the same extent as a violation under section 13106 if such Member of Congress resigns or retires before paying such assessed fee.
"(f) Interpretative Guidance.--Each supervising ethics office may issue interpretative guidance relating to this subchapter and, in issuing such guidance, may consider mitigating or aggravating circumstances.".
(3) Effective date.--The amendments made by this subsection shall take effect on the date that is 180 days after the date of enactment of this Act.
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SA 6429. Mr. RICKETTS 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:
Text printed in the Record (9,092 characters)
At the appropriate place in title X, insert the following:
SEC. 1___. EXEMPTIONS FROM CERCLA LIABILITY FOR RELEASES OF
PFAS.
(a) Definitions.--In this section:
(1) Agricultural producer.--The term "agricultural producer" means a person engaged in the production or harvesting of agricultural products (as defined in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626)).
(2) Compost.--The term "compost" has the meaning given the term in section 205.2 of title 7, Code of Federal Regulations (or a successor regulation).
(3) Covered perfluoroalkyl or polyfluoroalkyl substance.--The term "covered perfluoroalkyl or polyfluoroalkyl substance" means a non-polymeric perfluoroalkyl or polyfluoroalkyl substance that contains at least 2 sequential fully fluorinated carbon atoms, excluding gases and volatile liquids, that is a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).
(4) Fire suppression entity.--The term "fire suppression entity" means an entity with a fire suppression system installed, or otherwise in use, in accordance with applicable Federal, State, and local fire codes that uses an aqueous film forming foam that contains a covered perfluoroalkyl or polyfluoroalkyl substance.
(5) Indian tribe.--The term "Indian Tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Lawful discharge.--The term "lawful discharge", with respect to an aqueous film forming foam agent, means a release of the aqueous film forming foam agent through equipment calibration, firefighter training, a timed-response drill, a scheduled release, an emergency response activity, or the use of a fire suppression system.
(7) Resource management entity.--The term "resource management entity" means an owner or operator (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) of--
(A) a solid waste management facility (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)); or
(B) a facility that processes compost for sale or distribution to the public.
(8) Sponsor.--The term "sponsor" has the meaning given the term in section 47102 of title 49, United States Code.
(9) Water or wastewater entity.--The term "water or wastewater entity" means--
(A) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
(B) a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292));
(C) a municipality to which a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is issued for stormwater discharges;
(D) a political subdivision of a State or a special district of a State acting as a wholesale water agency; and
(E) a contractor performing the management or disposal activities described in subsection (b)(2)(D) for an entity described in any of subparagraphs (A) through (D).
(b) Exemption for Fire Suppression Entities, Resource Management Entities, Sponsors, and Water or Wastewater Entities.--
(1) In general.--Subject to paragraph (2), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a fire suppression entity, a resource management entity, a sponsor, including a sponsor of the civilian portion of a joint-use airport or a shared-use airport (as those terms are defined in section 139.5 of title 14, Code of Federal Regulations (or a successor regulation)), or a water or wastewater entity, or compel a resource management entity to conduct or participate in a removal or response action, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs of responding to, abating, removing, remediating, or other damages or costs arising from a release or threatened release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance.
(2) Requirements.--Paragraph (1) shall only apply under the following circumstances:
(A) Fire suppression entities.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a fire suppression entity, if the release or threatened release resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that--
(i) conforms to applicable Federal, State, and local fire codes; and
(ii) is compliant with the most recently approved engineering standards at the time of the discharge.
(B) Resource management entities.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a resource management entity, if the release or threatened release resulted from--
(i) the disposal, management, transportation, processing, treatment, generation, or arrangement for disposal of any residuals or byproduct of municipal solid waste (including landfill leachate) in accordance with a permit, registration, license, regulation, or authorization issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or similar State or local authority;
(ii) the disposal or management of biosolids consistent with section 405 of the Federal Water Pollution Control Act (33 U.S.C. 1345); or
(iii) the application or processing of compost in accordance with State law.
(C) Sponsors.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a sponsor--
(i) if the release or threatened release resulted from the use of an aqueous film forming foam; and
(ii) if the use described in clause (i) was--
(I) required by the Federal Aviation Administration for compliance with part 139 of title 14, Code of Federal Regulations (or successor regulations); and
(II) carried out in accordance with Federal Aviation Administration standards and guidance on the use of that substance.
(D) Water or wastewater entities.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a water or wastewater entity, if the water or wastewater entity transported, treated, disposed of, or arranged for the transport, treatment, or disposal of the covered perfluoroalkyl or polyfluoroalkyl substance--
(i) in a manner consistent with all applicable laws at the time the activity was carried out; and
(ii) during and following the conveyance or treatment of water under Federal or State law, including through--
(I) the management or disposal of biosolids consistent with section 405 of the Federal Water Pollution Control Act (33 U.S.C. 1345);
(II) the discharge of effluent in accordance with a permit issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342);
(III) the release or disposal of water treatment residuals or any other byproduct of drinking water or wastewater treatment activities, such as granulated activated carbon, filter media, and processed waste streams; or
(IV) the conveyance or storage of water for the purpose of conserving or reclaiming the water for water supply.
(c) Exemption for Agricultural Producers.--No person (including the United States, any State, or an Indian Tribe) may recover costs or damages from an agricultural producer under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs of responding to, abating, removing, remediating, or other damages or costs arising from a release or threatened release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance.
(d) Savings Provision.--Nothing in this section precludes liability for damages or costs associated with the release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by--
(1) an agricultural producer, a resource management entity, or a water or wastewater entity if the agricultural producer, resource management entity, or water or wastewater entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, storage, transportation, processing, treatment, generation, or arrangement for disposal of the covered perfluoroalkyl or polyfluoroalkyl substance;
(2) a fire suppression entity if the fire suppression entity--
(A) acted with gross negligence or willful misconduct in the discharge of the covered perfluoroalkyl or polyfluoroalkyl substance; or
(B) continues to use an aqueous film forming foam agent in the fire suppression system of the fire suppression entity on or after the date that is 5 years after the date on which approved engineering standards were updated to no longer require the use of an aqueous film forming foam; or
(3) a sponsor if the sponsor acted with gross negligence or willful misconduct in the use of an aqueous film forming foam.
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SA 6430. Ms. ALSOBROOKS 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:
Text printed in the Record (3,822 characters)
At the end of subtitle E of title III, add the following:
SEC. 358. ESTABLISHMENT OF DIGITAL AIR TRAFFIC CONTROL TOWER
CAPABILITIES AT MILITARY INSTALLATIONS.
(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish digital air traffic control tower capabilities at not fewer than one military installation in order to modernize military air traffic control, improve controller safety, and increase operational efficiency.
(b) Selection.--In carrying out subsection (a), the Secretary shall select a military installation with significant air traffic control needs, including after consideration of installations with dense or complex air traffic patterns, high aircraft movement volume, multi-service aviation operations, constrained controller staffing, or other operational conditions requiring enhanced air traffic control capability.
(c) Capabilities.--A digital air traffic control tower capability established under this section shall, to the maximum extent practicable, include--
(1) secure digital, 360-degree visualization of the airfield environment in lieu of, or supplemental to, a traditional tower view;
(2) controller working positions and system architecture capable of supporting safe air traffic control operations from a remote, local, or centralized location;
(3) a scalable, modular, or deployable configuration adaptable to varying mission requirements;
(4) integrated cameras, sensors, surveillance inputs, and digital data feeds to enhance controller situational awareness;
(5) display augmentation capabilities identifying and labeling aircraft and other objects of interest, including call sign, speed, heading, and other relevant operational information;
(6) infrared or comparable enhanced-visibility capabilities for night operations, degraded visual environments, and inclement weather;
(7) the ability to transmit visual feeds and operational data to a consolidated air operations center or other centralized command facility; and
(8) the ability to reduce reliance on conventional tower infrastructure while preserving aviation safety, resiliency, and continuity of operations.
(9) approved for use in the National Airspace System by the Federal Aviation Administration.
(d) Implementation Plan and Briefing.--
(1) Implementation plan.--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 plan for implementation of this section, including--
(A) the basis for selecting the military installation required under subsection (a);
(B) operational requirements;
(C) safety and certification considerations;
(D) barriers to deployment; and
(E) any anticipated cost savings or cost avoidance achieved through reduced reliance on the construction, sustainment, and maintenance of traditional air traffic control tower infrastructure.
(2) Briefing.--Not later than 90 days after the date on which the Secretary establishes the capability required by subsection (a), the Secretary of Defense shall provide to the congressional defense committees a briefing on implementation of this section, including--
(A) operational effectiveness;
(B) cost savings or cost avoidance as compared to traditional air traffic control tower maintenance and sustainment; and
(C) recommendations for broader fixed and deployable digital air traffic control tower implementation.
(e) Digital Air Traffic Control Tower Defined.--In this section, the term "digital air traffic control tower" means a system that uses cameras, sensors, and digital technology to provide air traffic control services from a location other than a traditional physical tower structure, including from a local, remote, or centralized facility.
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SA 6431. Mr. MERKLEY (for himself and Mr. Wyden) 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:
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At the end of subtitle G of title X, add the following:
SEC. 10__. REAUTHORIZATION OF DESCHUTES RIVER CONSERVANCY
WORKING GROUP.
(a) Definition of Working Group.--Section 301(a) of the Oregon Resource Conservation Act of 1996 (Public Law 104-208; 110 Stat. 3009-534; 122 Stat. 836) is amended by striking paragraph (1) and inserting the following:
"(1) Working group.--The term `Working Group' means the Deschutes River Conservancy Working Group composed of a board of directors of not fewer than 10, but not more than 15, members nominated by the group represented by the member, of whom--
"(A) 2 members shall be representatives of the environmental community in the Deschutes River Basin;
"(B) 2 members shall be representatives of the irrigated agriculture community in the Deschutes River Basin;
"(C) 2 members shall be representatives of the Confederated Tribes of the Warm Springs Reservation of Oregon;
"(D) 1 member shall be a representative of the hydroelectric production community in the Deschutes River Basin;
"(E) 1 member shall be a representative of 1 of the Federal agencies with authority and responsibility in the Deschutes River Basin;
"(F) 1 member shall be a representative of an agency of the State of Oregon with authority and responsibility in the Deschutes River Basin, such as--
"(i) the Oregon Department of Fish and Wildlife; or
"(ii) the Oregon Water Resources Department; and
"(G) 1 member shall be a representative of a unit of local government in the Deschutes River Basin.".
(b) Reauthorization; Administrative Costs.--Section 301 of the Oregon Resource Conservation Act of 1996 (Public Law 104-208; 110 Stat. 3009-534; 122 Stat. 836) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking "2016" and inserting "2032"; and
(B) in paragraph (6), by striking "5 percent" and inserting "10 percent"; and
(2) in subsection (h), by striking "2016" and inserting "2032".
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SA 6432. Mr. MERKLEY (for himself and Mr. Wyden) 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:
Text printed in the Record (11,613 characters)
At the end of subtitle G of title X, add the following:
SEC. 10__. ADDITIONS TO THE SMITH RIVER NATIONAL RECREATION
AREA; WILD AND SCENIC RIVER DESIGNATIONS.
(a) Definitions.--Section 3 of the Smith River National Recreation Area Act (16 U.S.C. 460bbb-1) is amended--
(1) in paragraph (1), by striking "referred to in section 4(b)" and inserting "entitled `Proposed Smith River National Recreation Area' and dated July 1990"; and
(2) in paragraph (2), by striking "the Six Rivers National Forest" and inserting "an applicable unit of the National Forest System".
(b) Boundaries.--Section 4(b) of the Smith River National Recreation Area Act (16 U.S.C. 460bbb-2(b)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting "and on the map entitled `Proposed Additions to the Smith River National Recreation Area' and dated January 23, 2023" after "1990"; and
(B) in the second sentence, by striking "map" and inserting "maps"; and
(2) in paragraph (2), by striking "map" and inserting "maps described in paragraph (1)".
(c) Administration.--Section 5 of the Smith River National Recreation Area Act (16 U.S.C. 460bbb-3) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the first sentence, by striking "the map" and inserting "the maps"; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking "area shall be on" and inserting "area and any portion of the recreation area in the State of Oregon shall be on roadless"; and
(ii) by adding at the end the following:
"(I) The Kalmiopsis Wilderness shall be managed in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).";
(2) in subsection (c), by striking "by the amendments made by section 10(b) of this Act" and inserting "within the recreation area"; and
(3) by adding at the end the following:
"(d) Study; Report.--
"(1) In general.--Not later than 5 years after the date of enactment of this subsection, the Secretary shall conduct a study of the area depicted on the map entitled `Proposed Additions to the Smith River National Recreation Area' and dated January 23, 2023, that includes inventories and assessments of streams, fens, wetlands, lakes, other water features, and associated land, plants (including Port-Orford-cedar), animals, fungi, algae, and other values, and unstable and potentially unstable aquatic habitat areas in the study area.
"(2) Modification of management plans; report.--On completion of the study under paragraph (1), the Secretary shall--
"(A) modify any applicable management plan to fully protect the inventoried values under the study, including to implement additional standards and guidelines; and
"(B) submit to Congress a report describing the results of the study.
"(e) Wildfire Management.--Nothing in this Act affects the authority of the Secretary (in cooperation with other Federal, State, and local agencies, as appropriate) to conduct wildland fire operations within the recreation area, consistent with the purposes of this Act.
"(f) Vegetation Management.--Nothing in this Act prohibits the Secretary from conducting vegetation management projects (including wildfire resiliency and forest health projects) within the recreation area, to the extent consistent with the purposes of the recreation area.
"(g) Application of Northwest Forest Plan and Roadless Rule to Certain Portions of the Recreation Area.--Nothing in this Act affects the application of the Northwest Forest Plan or part 294 of title 36, Code of Federal Regulations (commonly referred to as the `Roadless Rule') (as in effect on the date of enactment of this subsection), to portions of the recreation area in the State of Oregon that are subject to the plan and those regulations as of the date of enactment of this subsection.
"(h) Protection of Tribal Rights.--
"(1) In general.--Nothing in this Act diminishes any right of an Indian Tribe.
"(2) Memorandum of understanding.--The Secretary shall seek to enter into a memorandum of understanding with applicable Indian Tribes with respect to--
"(A) providing the Indian Tribes with access to the portions of the recreation area in the State of Oregon to conduct historical and cultural activities, including the procurement of noncommercial forest products and materials for traditional and cultural purposes; and
"(B) the development of interpretive information to be provided to the public on the history of the Indian Tribes and the use of the recreation area by the Indian Tribes.".
(d) Acquisition.--Section 6(a) of the Smith River National Recreation Area Act (16 U.S.C. 460bbb-4(a)) is amended--
(1) in the fourth sentence, by striking "All lands" and inserting the following:
"(4) Applicable law.--All land";
(2) in the third sentence--
(A) by striking "The Secretary" and inserting the following:
"(3) Method of acquisition.--The Secretary";
(B) by striking "or any of its political subdivisions" and inserting ", the State of Oregon, or any political subdivision of the State of California or the State of Oregon"; and
(C) by striking "donation or" and inserting "purchase, donation, or";
(3) in the second sentence, by striking "In exercising" and inserting the following:
"(2) Consideration of offers by secretary.--In exercising";
(4) in the first sentence, by striking "The Secretary" and inserting the following:
"(1) In general.--The Secretary"; and
(5) by adding at the end the following:
"(5) Acquisition of cedar creek parcel.--On the adoption of a resolution by the State Land Board of Oregon and subject to available funding, the Secretary shall acquire all right, title, and interest in and to the approximately 555 acres of land known as the `Cedar Creek Parcel' located in sec. 16, T. 41 S., R. 11 W., Willamette Meridian.".
(e) Fish and Game.--Section 7 of the Smith River National Recreation Area Act (16 U.S.C. 460bbb-5) is amended--
(1) in the first sentence, by inserting "or the State of Oregon" after "State of California"; and
(2) in the second sentence, by inserting "or the State of Oregon, as applicable" after "State of California".
(f) Management Planning.--Section 9 of the Smith River National Recreation Area Act (16 U.S.C. 460bbb-7) is amended--
(1) in the first sentence, by striking "The Secretary" and inserting the following:
"(a) Revision of Management Plan.--The Secretary"; and
(2) by adding at the end the following:
"(b) Smith River National Recreation Area Management Plan Revision.--As soon as practicable after the date of the first revision of the forest plan after the date of enactment of this subsection, the Secretary shall revise the management plan for the recreation area--
"(1) to reflect the expansion of the recreation area into the State of Oregon under the Smith River National Recreation Area Expansion Act; and
"(2) to include an updated recreation action schedule to identify specific use and development plans for the areas described in the map entitled `Proposed Additions to the Smith River National Recreation Area' and dated January 23, 2023.".
(g) Streamside Protection Zones.--Section 11(b) of the Smith River National Recreation Area Act (16 U.S.C. 460bbb-8(b)) is amended by adding at the end the following:
"(24) Each of the river segments described in subparagraph (B) of section 3(a)(92) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(92)).".
(h) State and Local Jurisdiction and Assistance.--Section 12 of the Smith River National Recreation Area Act (16 U.S.C. 460bbb-9) is amended--
(1) in subsection (a), by striking "California or any political subdivision thereof" and inserting "California, the State of Oregon, or a political subdivision of the State of California or the State of Oregon";
(2) in subsection (b), in the matter preceding paragraph (1), by striking "California or its political subdivisions" and inserting "California, the State of Oregon, or a political subdivision of the State of California or the State of Oregon"; and
(3) in subsection (c), in the first sentence--
(A) by striking "California and its political subdivisions" and inserting "California, the State of Oregon, and any political subdivision of the State of California or the State of Oregon"; and
(B) by striking "State and its political subdivisions" and inserting "State of California, the State of Oregon, and any political subdivision of the State of California or the State of Oregon".
(i) North Fork Smith Additions, Oregon.--
(1) Finding.--Congress finds that the source tributaries of the North Fork Smith River in the State of Oregon possess outstandingly remarkable wild anadromous fish and prehistoric, cultural, botanical, recreational, and water quality values.
(2) Designation.--Section 3(a)(92) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(92)) is amended--
(A) in subparagraph (B), by striking "scenic" and inserting "wild";
(B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;
(C) in the matter preceding clause (i) (as so redesignated), by striking "The 13-mile" and inserting the following:
"(A) In general.--The 13-mile"; and
(D) by adding at the end the following:
"(B) Additions.--The following segments of the source tributaries of the North Fork Smith River, to be administered by the Secretary of Agriculture in the following classes:
"(i) The 13.26-mile segment of Baldface Creek from its headwaters, including all perennial tributaries, to the confluence with the North Fork Smith in T. 39 S., R 10 W., T. 40 S., R. 10 W., and T. 41 S., R. 11 W., Willamette Meridian, as a wild river.
"(ii) The 3.58-mile segment from the headwaters of Taylor Creek to the confluence with Baldface Creek, as a wild river.
"(iii) The 4.38-mile segment from the headwaters of the unnamed tributary to Biscuit Creek and the headwaters of Biscuit Creek to the confluence with Baldface Creek, as a wild river.
"(iv) The 2.27-mile segment from the headwaters of Spokane Creek to the confluence with Baldface Creek, as a wild river.
"(v) The 1.25-mile segment from the headwaters of Rock Creek to the confluence with Baldface Creek, flowing south from sec. 19, T. 40 S., R. 10 W., Willamette Meridian, as a wild river.
"(vi) The 1.31-mile segment from the headwaters of the unnamed tributary number 2 to the confluence with Baldface Creek, flowing north from sec. 27, T. 40 S., R. 10 W., Willamette Meridian, as a wild river.
"(vii) The 3.6-mile segment from the 2 headwaters of the unnamed tributary number 3 to the confluence with Baldface Creek, flowing south from secs. 9 and 10, T. 40 S., R. 10 W., Willamette Meridian, as a wild river.
"(viii) The 1.57-mile segment from the headwaters of the unnamed tributary number 4 to the confluence with Baldface Creek, flowing north from sec. 26, T. 40 S., R. 10 W., Willamette Meridian, as a wild river.
"(ix) The 0.92-mile segment from the headwaters of the unnamed tributary number 5 to the confluence with Baldface Creek, flowing north from sec. 13, T. 40 S., R. 10 W., Willamette Meridian, as a wild river.
"(x) The 4.90-mile segment from the headwaters of Cedar Creek to the confluence with North Fork Smith River, as a wild river.
"(xi) The 2.38-mile segment from the headwaters of Packsaddle Gulch to the confluence with North Fork Smith River, as a wild river.
"(xii) The 2.4-mile segment from the headwaters of Hardtack Creek to the confluence with North Fork Smith River, as a wild river.
"(xiii) The 2.21-mile segment from the headwaters of the unnamed creek to the confluence with North Fork Smith River, flowing east from sec. 29, T. 40 S., R.
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11 W., Willamette Meridian, as a wild river.
"(xiv) The 3.06-mile segment from the headwaters of Horse Creek to the confluence with North Fork Smith River, as a wild river.
"(xv) The 2.61-mile segment of Fall Creek from the Oregon State border to the confluence with North Fork Smith River, as a wild river.
"(xvi)(I) Except as provided in subclause (II), the 4.57-mile segment from the headwaters of North Fork Diamond Creek to the confluence with Diamond Creek, as a wild river.
"(II) Notwithstanding subclause (I), the portion of the segment described in that subclause that starts 100 feet above Forest Service Road 4402 and ends 100 feet below Forest Service Road 4402 shall be administered as a scenic river.
"(xvii) The 1.02-mile segment from the headwaters of Diamond Creek to the Oregon State border in sec. 14, T. 40 S., R. 10 W., Willamette Meridian, as a wild river.
"(xviii) The 1.14-mile segment from the headwaters of Acorn Creek to the confluence with Horse Creek, as a wild river.
"(xix) The 8.58-mile segment from the headwaters of Chrome Creek to the confluence with North Fork Smith River, as a wild river.
"(xx) The 2.98-mile segment from the headwaters Chrome Creek tributary number 1 to the confluence with Chrome Creek, 0.82 miles upstream from the mouth of Chrome Creek in the Kalmiopsis Wilderness, flowing south from sec. 15, T. 40 S., R. 11 W., Willamette Meridian, as a wild river.
"(xxi) The 2.19-mile segment from the headwaters of Chrome Creek tributary number 2 to the confluence with Chrome Creek, 3.33 miles upstream from the mouth of Chrome Creek in the Kalmiopsis Wilderness, flowing south from sec. 12, T. 40 S., R. 11 W., Willamette Meridian, as a wild river.
"(xxii) The 1.27-mile segment from the headwaters of Chrome Creek tributary number 3 to the confluence with Chrome Creek, 4.28 miles upstream from the mouth of Chrome Creek in the Kalmiopsis Wilderness, flowing north from sec. 18, T. 40 S., R. 10 W., Willamette Meridian, as a wild river.
"(xxiii) The 2.27-mile segment from the headwaters of Chrome Creek tributary number 4 to the confluence with Chrome Creek, 6.13 miles upstream from the mouth of Chrome Creek, flowing south from Chetco Peak in the Kalmiopsis Wilderness in sec. 36, T. 39 S., R. 11 W., Willamette Meridian, as a wild river.
"(xxiv) The 0.6-mile segment from the headwaters of Wimer Creek to the border between the States of Oregon and California, flowing south from sec. 17, T. 41 S., R. 10 W., Willamette Meridian, as a wild river.".
(j) Expansion of Smith River, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (111) and inserting the following:
"(111) Smith river, california and oregon.--The segment from the confluence of the Middle Fork Smith River and the North Fork Smith River to the Six Rivers National Forest boundary, including the following segments of the mainstem and certain tributaries, to be administered by the Secretary of Agriculture in the following classes:
"(A) Mainstem.--The segment from the confluence of the Middle Fork Smith River and the South Fork Smith River to the Six Rivers National Forest boundary, as a recreational river.
"(B) Rowdy creek.--
"(i) Upper.--The segment from and including the headwaters to the California-Oregon State line, as a wild river.
"(ii) Lower.--The segment from the California-Oregon State line to the Six Rivers National Forest boundary, as a recreational river.".
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SA 6433. Mr. HEINRICH 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:
Text printed in the Record (11,991 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. DESIGNATION OF WILD AND SCENIC RIVERS;
MODIFICATION OF BOUNDARIES OF GILA CLIFF
DWELLINGS NATIONAL MONUMENT AND GILA NATIONAL
FOREST.
(a) Designation of Wild and Scenic Rivers.--
(1) Definitions.--In this subsection:
(A) Covered segment.--The term "covered segment" means a river segment designated by paragraph (233) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by paragraph (2)).
(B) Secretary concerned.--The term "Secretary concerned" means--
(i) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and
(ii) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture.
(C) State.--The term "State" means the State of New Mexico.
(2) Designation of segments.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
"(233) Gila river system, new mexico.--The following segments of the Gila River system in Las Animas Creek, Holden Prong, and McKnight Canyon in the State of New Mexico, to be administered by the Secretary concerned (as defined in section 1094(a) of the National Defense Authorization Act for Fiscal Year 2027) in the following classifications:
"(A) Apache creek.--The approximately 10.5-mile segment, as generally depicted on the map entitled `Apache Creek' and dated April 30, 2020, as a wild river.
"(B) Black canyon creek.--
"(i) The 11.8-mile segment, as generally depicted on the map entitled `Black Canyon Creek' and dated April 30, 2020, as a wild river.
"(ii) The 0.6-mile segment, as generally depicted on the map entitled `Black Canyon Creek' and dated April 30, 2020, as a recreational river.
"(iii) The 1.9-mile segment, as generally depicted on the map entitled `Black Canyon Creek' and dated April 30, 2020, as a recreational river.
"(iv) The 11-mile segment, as generally depicted on the map entitled `Black Canyon Creek' and dated April 30, 2020, as a wild river.
"(C) Diamond creek.--
"(i) The approximately 13.3-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a wild river.
"(ii) The approximately 4.7-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a wild river.
"(iii) The approximately 3.1-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a recreational river.
"(iv) The approximately 1.6-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a recreational river.
"(v) The approximately 4.1-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a wild river.
"(D) South diamond creek.--The approximately 16.1-mile segment, as generally depicted on the map entitled `South Diamond Creek' and dated March 27, 2020, as a wild river.
"(E) Gila river.--
"(i) The approximately 34.9-mile segment, as generally depicted on the map entitled `Gila River' and dated April 30, 2020, as a wild river.
"(ii) The approximately 2.5-mile segment, as generally depicted on the map entitled `Gila River' and dated April 30, 2020, as a recreational river.
"(iii) The approximately 3-mile segment, as generally depicted on the map entitled
`Gila River' and dated April 30, 2020, as a wild river.
"(F) Gila river, east fork.--The approximately 10.3-mile segment, as generally depicted on the map entitled `East Fork Gila River' and dated April 30, 2020, as a wild river.
"(G) Gila river, lower box.--
"(i) The approximately 3.1-mile segment, as generally depicted on the map entitled `Gila River, Lower Box' and dated April 21, 2020, as a recreational river.
"(ii) The approximately 6.1-mile segment, as generally depicted on the map entitled `Gila River, Lower Box' and dated April 21, 2020, as a wild river.
"(H) Gila river, middle box.--
"(i) The approximately 0.6-mile segment, as generally depicted on the map entitled `Gila River, Middle Box' and dated April 30, 2020, as a recreational river.
"(ii) The approximately 0.4-mile segment, as generally depicted on the map entitled `Gila River, Middle Box" and dated April 30, 2020, as a recreational river.
"(iii) The approximately 0.3-mile segment, as generally depicted on the map entitled `Gila River, Middle Box' and dated April 30, 2020, as a recreational river.
"(iv) The approximately 0.3-mile segment, as generally depicted on the map entitled `Gila River, Middle Box' and dated April 30, 2020, as a recreational river.
"(v) The approximately 1.6-mile segment, as generally depicted on the map entitled `Gila River, Middle Box' and dated April 30, 2020, as a recreational river.
"(vi) The approximately 9.8-mile segment, as generally depicted on the map entitled `Gila River, Middle Box' and dated April 30, 2020, as a wild river.
"(I) Gila river, middle fork.--
"(i) The approximately 1.2-mile segment, as generally depicted on the map entitled `Middle Fork Gila River' and dated May 1, 2020, as a recreational river.
"(ii) The approximately 35.5-mile segment, as generally depicted on the map entitled `Middle Fork Gila River' and dated May 1, 2020, as a wild river.
"(J) Gila river, west fork.--
"(i) The approximately 30.6-mile segment, as generally depicted on the map entitled `West Fork Gila River' and dated May 1, 2020, as a wild river.
"(ii) The approximately 4-mile segment, as generally depicted on the map entitled `West Fork Gila River' and dated May 1, 2020, as a recreational river.
"(K) Gilita creek.--The approximately 6.4-mile segment, as generally depicted on the map entitled `Gilita Creek' and dated March 4, 2020, as a wild river.
"(L) Holden prong.--The approximately 7.3-mile segment, as generally depicted on the map entitled `Holden Prong' and dated March 27, 2020, as a wild river.
"(M) Indian creek.--
"(i) The approximately 5-mile segment, as generally depicted on the map entitled `Indian Creek' and dated March 27, 2020, as a recreational river.
"(ii) The approximately 9.5-mile segment, as generally depicted on the map entitled `Indian Creek' and dated March 27, 2020, as a wild river.
"(N) Iron creek.--The approximately 13.2-mile segment, as generally depicted on the map entitled `Iron Creek' and dated March 4, 2020, as a wild river.
"(O) Las animas creek.--
"(i) The approximately 5.3-mile segment, as generally depicted on the map entitled `Las Animas Creek' and dated March 27, 2020, as a wild river.
"(ii) The approximately 2.3-mile segment, as generally depicted on the map entitled `Las Animas Creek' and dated March 27, 2020, as a scenic river.
"(P) Little creek.--
"(i) The approximately 0.3-mile segment, as generally depicted on the map entitled `Little Creek' and dated May 1, 2020, as a recreational river.
"(ii) The approximately 18.3-mile segment, as generally depicted on the map entitled `Little Creek' and dated May 1, 2020, as a wild river.
"(Q) Mcknight canyon.--The approximately 10.3-mile segment, as generally depicted on the map entitled `McKnight Canyon' and dated March 4, 2020, as a wild river.
"(R) Mineral creek.--
"(i) The approximately 8.3-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a wild river.
"(ii) The approximately 0.5-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.
"(iii) The approximately 0.5-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.
"(iv) The approximately 0.1-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.
"(v) The approximately 0.03-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.
"(vi) The approximately 0.02-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.
"(vii) The approximately 0.6-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.
"(viii) The approximately 0.1-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.
"(ix) The approximately 0.03-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.
"(x) The approximately 0.7-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.
"(S) Mogollon creek.--The approximately 15.8-mile segment, as generally depicted on the map entitled `Mogollon Creek' and dated April 2, 2020, as a wild river.
"(T) West fork mogollon creek.--The approximately 8.5-mile segment, as generally depicted on the map entitled `West Fork Mogollon Creek' and dated March 4, 2020, as a wild river.
"(U) Mule creek.--The approximately 4.3-mile segment, as generally depicted on the map entitled `Mule Creek' and dated March 4, 2020, as a wild river.
"(V) San francisco river, devil's creek.--
"(i) The approximately 1.8-mile segment, as generally depicted on the map entitled `San Francisco River, Devil's Creek' and dated October 29, 2021, as a scenic river.
"(ii) The approximately 6.4-mile segment, as generally depicted on the map entitled `San Francisco River, Devil's Creek' and dated October 29, 2021, as a scenic river.
"(iii) The approximately 6.1-mile segment, as generally depicted on the map entitled `San Francisco River, Devil's Creek' and dated October 29, 2021, as a scenic river.
"(iv) The approximately 1.2-mile segment, as generally depicted on the map entitled `San Francisco River, Devil's Creek' and dated October 29, 2021, as a recreational river.
"(v) The approximately 5.9-mile segment, as generally depicted on the map entitled `San Francisco River, Devil's Creek' and dated October 29, 2021, as a recreational river.
"(W) San francisco river, lower san francisco river canyon.--
"(i) The approximately 1.8-mile segment, as generally depicted on the map entitled `San Francisco River, Lower San Francisco River Canyon' and dated March 27, 2020, as a wild river.
"(ii) The approximately 0.6-mile segment, as generally depicted on the map entitled `San Francisco River, Lower San Francisco River Canyon' and dated March 27, 2020, as a recreational river.
"(iii) The approximately 14.6-mile segment, as generally depicted on the map entitled `San Francisco River, Lower San Francisco River Canyon' and dated March 27, 2020, as a wild river.
"(X) San francisco river, upper frisco box.--The approximately 6-mile segment, as generally depicted on the map entitled `San Francisco River, Upper Frisco Box' and dated March 4, 2020, as a wild river.
"(Y) Sapillo creek.--The approximately 7.2-mile segment, as generally depicted on the map entitled `Sapillo Creek' and dated March 27, 2020, as a wild river.
"(Z) Spruce creek.--The approximately 3.7-mile segment, as generally depicted on the map entitled `Spruce Creek' and dated March 4, 2020, as a wild river.
"(AA) Taylor creek.--
"(i) The approximately 0.4-mile segment, as generally depicted on the map entitled `Taylor Creek' and dated April 30, 2020, as a scenic river.
"(ii) The approximately 6.1-mile segment, as generally depicted on the map entitled `Taylor Creek' and dated April 30, 2020, as a wild river.
"(iii) The approximately 6.7-mile segment, as generally depicted on the map entitled `Taylor Creek' and dated April 30, 2020, as a wild river.
"(BB) Turkey creek.--The approximately 17.1-mile segment, as generally depicted on the map entitled `Turkey Creek' and dated April 30, 2020, as a wild river.
"(CC) Whitewater creek.--
"(i) The approximately 13.5-mile
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segment, as generally depicted on the map entitled `Whitewater Creek' and dated March 27, 2020, as a wild river.
"(ii) The approximately 1.1-mile segment, as generally depicted on the map entitled `Whitewater Creek' and dated March 27, 2020, as a recreational river.
"(DD) Willow creek.--
"(i) The approximately 3-mile segment, as generally depicted on the map entitled `Willow Creek' and dated April 30, 2020, as a recreational river.
"(ii) The approximately 2.9-mile segment, as generally depicted on the map entitled `Willow Creek' and dated April 30, 2020, as a recreational river.".
(3) Withdrawal.--Subject to valid existing rights, all Federal land within the boundary of a covered segment is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(4) Maps; legal descriptions.--
(A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare maps and legal descriptions of the covered segments.
(B) Force of law.--The maps and legal descriptions prepared under subparagraph (A)
shall have the same force and effect as if included in this subsection, except that the Secretary concerned may correct minor errors in the maps and legal descriptions.
(C) Availability.--The map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service, the Bureau of Land Management, and the National Park Service.
(5) Comprehensive river management plan.--The Secretary concerned shall prepare the comprehensive management plan for the covered segments pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)) after consulting with Tribal governments, applicable political subdivisions of the State, and interested members of the public.
(6) Incorporation of acquired land and interests in land.--If the United States acquires any non-Federal land within or adjacent to a covered segment, the acquired land shall be incorporated in, and be administered as part of, the applicable covered segment.
(7) Effect of section.--
(A) Effect on rights.--In accordance with section 12(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this subsection or an amendment made by this subsection abrogates any existing rights of, privilege of, or contract held by any person, including any right, privilege, or contract that affects Federal land or private land, without the consent of the person, including--
(i) grazing permits or leases;
(ii) existing water rights, including the jurisdiction of the State in administering water rights;
(iii) existing points of diversion, including maintenance, repair, or replacement;
(iv) existing water distribution infrastructure, including maintenance, repair, or replacement; and
(v) valid existing rights for mining and mineral leases.
(B) Mining activities.--The designation of a covered segment by subparagraph (G) or (H) of paragraph (233) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by paragraph (2)) shall not--
(i) limit the licensing, development, operation, or maintenance of mining activities or mineral processing facilities outside the boundaries of the applicable covered segment; or
(ii) affect any rights, obligations, privileges, or benefits granted under any permit or approval with respect to such mining activities or mineral processing facilities.
(C) Condemnation.--No land or interest in land shall be acquired under this subsection or an amendment made by this subsection without the consent of the owner.
(D) Relationship to other law.--Nothing in this subsection amends or otherwise affects the Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3478).
(E) Native fish habitat restoration.--
(i) Existing projects.--Nothing in this subsection or an amendment made by this subsection affects the authority of the Secretary concerned or the State to operate, maintain, replace, or improve a native fish habitat restoration project (including fish barriers) in existence as of the date of enactment of this Act within a covered segment.
(ii) New projects.--Notwithstanding section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), the Secretary concerned may authorize the construction of a native fish habitat restoration project (including any necessary fish barriers) within a covered segment if the project--
(I) would enhance the recovery of a species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), a sensitive species, or a species of greatest conservation need, including the Gila Trout (Oncorhynchus gilae); and
(II) would not unreasonably diminish the free-flowing nature or outstandingly remarkable values of the covered segment.
(iii) Projects within wilderness areas.--A native fish habitat restoration project (including fish barriers) located within an area designated as a component of the National Wilderness Preservation System shall be constructed consistent with--
(I) the Wilderness Act (16 U.S.C. 1131 et seq.); and (II) the applicable wilderness management plan.
(F) State land jurisdiction.--Nothing in this subsection or an amendment made by this subsection affects the jurisdiction of land under the jurisdiction of the State, including land under the jurisdiction of the New Mexico State Land Office and the New Mexico Department of Game and Fish.
(G) Fish and wildlife.--Nothing in this subsection or an amendment made by this subsection affects the jurisdiction of the State with respect to fish and wildlife in the State.
(H) Treaty rights.--Nothing in this subsection or an amendment made by this subsection alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with respect to hunting, fishing, gathering, and cultural or religious rights in the vicinity of a covered segment as protected by a treaty.
(b) Modification of Boundaries of Gila Cliff Dwellings National Monument and Gila National Forest.--
(1) Transfer of administrative jurisdiction.--
(A) In general.--Administrative jurisdiction over the land described in subparagraph (B) is transferred from the Secretary of Agriculture to the Secretary of the Interior.
(B) Description of land.--The land referred to in subparagraph (A) is the approximately 440 acres of land identified as "Transfer from USDA Forest Service to National Park Service" on the map entitled "Gila Cliff Dwellings National Monument Proposed Boundary Adjustment" and dated March 2020.
(2) Boundary modifications.--
(A) Gila cliff dwellings national monument.--
(i) In general.--The boundary of the Gila Cliff Dwellings National Monument is revised to incorporate the land transferred to the Secretary of the Interior under paragraph (1)(A).
(ii) Map.--
(I) In general.--The Secretary of the Interior shall prepare and keep on file for public inspection in the appropriate office of the National Park Service a map and a legal description of the revised boundary of the Gila Cliff Dwellings National Monument.
(II) Effect.--The map and legal description under subclause (I) shall have the same force and effect as if included in this subsection, except that the Secretary of the Interior may correct minor errors in the map and legal description.
(B) Gila national forest.--
(i) In general.--The boundary of the Gila National Forest is modified to exclude the land transferred to the Secretary of the Interior under paragraph (1)(A).
(ii) Map.--
(I) In general.--The Secretary of Agriculture shall prepare and keep on file for public inspection in the appropriate office of the Forest Service a map and a legal description of the revised boundary of the Gila National Forest.
(II) Effect.--The map and legal description under subclause (I) shall have the same force and effect as if included in this subsection, except that the Secretary of Agriculture may correct minor errors in the map and legal description.
SA 6434. Mr. HEINRICH 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:
Text printed in the Record (4,934 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. WITHDRAWAL OF FEDERAL LAND IN PECOS WATERSHED AREA
AND DESIGNATION OF THOMPSON PEAK WILDERNESS
AREA.
(a) Withdrawal of Federal Land in Pecos Watershed Area, New Mexico.--
(1) Definition of federal land.--In this subsection, the term "Federal land" means the Federal land depicted as "Pecos Withdrawal" on the map entitled "Proposed Mineral Withdrawal Legislative Map" and dated September 11, 2023.
(2) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the Federal land is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(b) Designation of Thompson Peak Wilderness Area, New Mexico.--
(1) Definitions.--In this subsection:
(A) Secretary.--The term "Secretary" means the Secretary of Agriculture.
(B) State.--The term "State" means the State of New Mexico.
(C) Wilderness area.--The term "wilderness area" means the Thompson Peak Wilderness Area designated by paragraph (2).
(2) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 11,599 acres of land managed by the Forest Service in the State, as generally depicted on the map entitled "Proposed Mineral Withdrawal Legislative Map" and dated September 11, 2023, is designated as a wilderness area and as a component of the National Wilderness Preservation System, to be known as the "Thompson Peak Wilderness Area".
(3) Map and legal description.--
(A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the wilderness area with--
(i) the Committee on Energy and Natural Resources of the Senate; and
(ii) the Committee on Natural Resources of the House of Representatives.
(B) Effect.--The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map and legal description.
(C) Availability.--The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the Office of the Chief of the Forest Service.
(4) Administration.--
(A) In general.--Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.
(B) Adjacent management.--
(i) No protective perimeters or buffer zones.--Congress does not intend for the designation of the wilderness area to create a protective perimeter or buffer zone around the wilderness area.
(ii) Nonwilderness activities.--The fact that nonwilderness activities or uses outside of the wilderness area can be seen or heard from an area within the wilderness area shall not preclude the conduct of the nonwilderness activities or uses outside the boundaries of the wilderness area.
(C) Fish and wildlife management.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subsection affects the jurisdiction or responsibilities of the State with respect to fish and wildlife management in the wilderness area (including the regulation of hunting, fishing, and trapping).
(D) Grazing.--The Secretary shall allow the continuation of the grazing of livestock in the wilderness area, if established before the date of enactment of this Act, in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(E) Wildfire, insect, and disease control.--The Secretary may carry out measures in the wilderness area that the Secretary determines to be necessary to control fire, insects, or diseases, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)).
(5) Incorporation of acquired land and interests in land.--Any land or interest in land within the boundaries of the wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness area.
(6) Withdrawal.--Subject to valid existing rights, the wilderness area is withdrawn from--
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
______
SA 6435. Ms. HASSAN (for herself, Mr. Cassidy, and Mr. Kelly) 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:
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At the appropriate place in title X, insert the following:
SEC. __. ELIGIBILITY OF SPOUSES FOR SERVICES UNDER THE
DISABLED VETERANS' OUTREACH PROGRAM.
Section 4103A of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting "and eligible persons" after "eligible veterans"; and
(ii) in subparagraph (C), by inserting ", and eligible persons," after "Other eligible veterans";
(B) in paragraph (2), by inserting "and eligible persons" after "veterans" each place it appears; and
(C) in paragraph (3)--
(i) by inserting "or eligible person" after "veteran" each place it appears; and
(ii) by inserting "or eligible person's" after "veteran's";
(2) in subsection (d)(1)--
(A) by inserting "and eligible persons" after "eligible veterans" each place it appears; and
(B) by striking "non-veteran-related"; and
(3) by adding at the end the following new subsection:
"(e) Eligible Person Defined.--In this section, the term `eligible person' means--
"(1) any eligible person (as defined in section 4101(5) of this title); or
"(2) the spouse of any person who died while a member of the Armed Forces.".
______
SA 6436. Mr. HEINRICH 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:
Text printed in the Record (3,006 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. DESIGNATION OF CERRO DE LA OLLA WILDERNESS.
(a) Designation.--
(1) In general.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. 651) is amended--
(A) in the section heading, by striking "cerro del yuta and rio san antonio" and inserting "rio grande del norte national monument";
(B) in subsection (a), by striking paragraph (1) and inserting the following:
"(1) Map.--The term `map' means the map entitled `Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary' and dated April 1, 2025."; and
(C) in subsection (b)--
(i) in paragraph (1), by adding at the end the following:
"(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 12,295 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'.";
(ii) in paragraph (4), in the matter preceding subparagraph (A), by striking "this Act" and inserting "this Act (including a reserve common grazing allotment)"; and
(iii) by adding at the end the following:
"(12) Wildlife water development projects in cerro de la olla wilderness.--
"(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary--
"(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and
"(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized.
"(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.".
(2) Clerical amendment.--The table of contents for the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116-9; 133 Stat. 581) is amended by striking the item relating to section 1202 and inserting the following:
"Sec. 1202. Rio Grande del Norte National Monument Wilderness Areas.". (b) Rio Grande Del Norte National Monument Boundary Modification.--The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled "Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary" and dated April 1, 2025. ______
SA 6437. Ms. HASSAN 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:
Text printed in the Record (5,678 characters)
At the appropriate place in subtitle G of title X, insert the following:
SEC. __. IMPLEMENTATION OF AND REPORT ON EFFORTS OF
DEPARTMENT OF VETERANS AFFAIRS TO IMPROVE
HEALTH CARE APPOINTMENT SCHEDULING.
(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a plan to improve the process for scheduling appointments for health care from the Department of Veterans Affairs, including improvements for both patients and employees of the Department responsible for scheduling such appointments.
(b) Elements of Plan.--
(1) In general.--The plan required by subsection (a) shall include--
(A) such actions, resources, technology, and process improvements as the Secretary determines necessary to ensure the Department achieves, in a timely manner, improved delivery of health care, access to health care, customer experience and service relating to the receipt of health care, and efficiency with respect to the delivery of health care; and
(B) a proposed schedule and timeline to carry out such plan.
(2) Objectives.--
(A) In general.--The Secretary shall ensure that the plan required by subsection (a) addresses the following objectives:
(i) To develop or continue the development of a scheduling system that enables both personnel and patients of the Department to view available appointments for care furnished by the Department, including primary care, mental health care, and all forms of specialty care.
(ii) To develop or continue the development of a self-service scheduling platform, available for use by all patients of the Department, which shall--
(I) enable such patients to view available appointments and, subject to the method provided under subclause (II), fully schedule appointments for all care furnished by the Department;
(II) if a referral is required for an appointment, provide a method for the patient to request a referral and subsequently book an appointment if the referral is approved; and
(III) provide such patients with the ability to cancel or reschedule appointments.
(iii) To create a process through which all patients of the Department can telephonically speak with a scheduler who can assist the patient to determine appointment availability and can fully schedule appointments on behalf of the patient for all care furnished by the Department.
(iv) To carry out such other functions, oversight, metric development and tracking, change management, cross-Department coordination, and other related matters, including improvements to employee-facing information technology, training, and processes, as the Secretary determines appropriate as it relates to scheduling tools, functions, and operations with respect to health care appointments furnished by the Department.
(B) Explanation of inability to implement certain objectives, features, or services.--If the Secretary determines that an objective under subparagraph (A), or any feature or service in connection with that objective, cannot be implemented or otherwise incorporated into a final product pursuant to the plan required by subsection (a), the Secretary shall include with the plan submitted under such subsection a report containing--
(i) an explanation as to why that objective, feature, or service cannot be implemented or incorporated, as the case may be; and
(ii) a plan for implementing the plan required by subsection (a) without that objective, feature, or service.
(c) Implementation.--Not later than two years after submitting to the appropriate committees of Congress the plan required by subsection (a), the Secretary shall fully implement the plan.
(d) Coordination With Electronic Health Record Modernization Program.--In developing the plan required by subsection (a), the Secretary shall ensure that the elements and objectives of such plan set forth under subsection (b) are developed in consideration of the deployment schedule and capabilities of the Electronic Health Record Modernization Program of the Department to ensure a smooth transition to using the tools and features under such plan as relevant and appropriate.
(e) Implementation Reports.--Not later than each of one year and two years after the date on which the Secretary submits the plan required by subsection (a), the Secretary shall submit to the appropriate committees of Congress a report on the progress of the Secretary in implementing such plan, including--
(1) the costs incurred to implement the plan as of the date of the report;
(2) the expected costs to complete implementation of the plan (including costs for management and technology);
(3) the schedule for deployment of any capabilities developed pursuant to the plan; and
(4) the goals and metrics achieved, challenges, and lessons learned in implementing the plan.
(f) Rule of Construction.--Nothing in this section shall be construed to require the Secretary to include in the plan required by subsection (a) any technology or process that would preclude or impede the ability of a veteran to contact or schedule an appointment directly with a facility or provider through a non-online scheduling process, should the veteran choose to do so.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" means the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives.
(2) Fully schedule.--The term "fully schedule", with respect to an appointment for health care, means that the appointment booking is completed, rather than simply requested.
______
SA 6438. Ms. HASSAN (for herself and Mrs. Blackburn) 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:
Text printed in the Record (6,496 characters)
At the appropriate place in title II, insert the following:
SEC. __. 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 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.
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SA 6439. Ms. HASSAN 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:
Text printed in the Record (6,452 characters)
At the appropriate place, insert the following:
SEC. ___. DARK WEB INTERDICTION ACT OF 2026.
(a) Short Title.--This section may be cited as the "Dark Web Interdiction Act of 2026".
(b) Findings and Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) The dark web is made up of websites and other network services that leverage overlay networks providing anonymity. These overlay networks use the internet but require specific software and configurations to access. The overlay networks use multiple encrypted traffic relays for which an individual relay computer knows its source of information and where the individual computer is sending the information but never knows both the original source and ultimate destination of the traffic simultaneously. This anonymity has provided criminals with the ability to host illicit material in a way that circumvents the ability of law enforcement agencies to serve legal process to remove or effectively investigate websites offering illegal content or goods for purchase or sharing.
(B) Dark web marketplaces include e-commerce websites based on the dark web on which individuals use virtual currencies to engage in transactions involving drugs, weapons, malware, counterfeit currency, stolen credit cards, personal identifying information, forged documents, unlicensed pharmaceuticals, and other illicit goods.
(C) Due to the anonymity provided by the dark web, illicit activities can be hosted from anywhere in the world without accountability to--
(i) the Federal Government;
(ii) Federal laws; or
(iii) any other government or system of laws.
(D) The use of the dark web to distribute illegal drugs has contributed and continues to contribute to the substance abuse crisis that is devastating communities across the United States. This devastation is due in large part to the fact that the dark web has made illicit goods obtainable anonymously.
(E) Law enforcement agencies at every level of government continue to investigate drug trafficking and the sale of illegal goods and services through the dark web that occurs as a result of interactions on the dark web, both within the United States and at the international border of the United States, but the increased anonymity the internet provides has made it more difficult to identify and prosecute the individuals and organizations who--
(i) administer or otherwise operate websites on the dark web that facilitate the distribution of illegal drugs, goods, or services; or
(ii) buy and sell illegal drugs, goods, or services through illicit marketplaces hosted on the dark web.
(F) Despite difficulties in identifying and locating individuals and organizations who engage in drug trafficking on the dark web, law enforcement agencies have been effective in investigating and prosecuting the distribution of illegal drugs through illicit marketplaces on the dark web, as evidenced by Operation SpecTor, an operation conducted across 3 continents that resulted from a partnership between the Department of Justice and foreign law enforcement agencies, which--
(i) was announced in May 2023;
(ii) resulted in--
(I) 288 arrests;
(II) the seizure of approximately 850 kilograms of drugs, including 64 kilograms of fentanyl or fentanyl-laced narcotics;
(III) the seizure of 117 firearms; and
(IV) the seizure of $53,400,000 in cash and virtual currencies; and
(iii) is an example of one of many cases conducted jointly by--
(I) the Federal Bureau of Investigation;
(II) the Drug Enforcement Administration;
(III) Homeland Security Investigations;
(IV) United States Customs and Border Protection;
(V) the United States Postal Inspection Service;
(VI) the Financial Crimes Enforcement Network;
(VII) the Bureau of Alcohol, Tobacco, Firearms and Explosives;
(VIII) the Naval Criminal Investigative Service;
(IX) the Department of Justice;
(X) the Department of Defense; and
(XI) additional local, State, and international law enforcement partners.
(G) Although law enforcement agencies have succeeded in investigating the distribution and sale of illegal drugs, goods, and services that occurs as a result of interactions on the dark web, investigative and prosecutorial collaboration, innovation, and advancement are critical to--
(i) increasing the capacity to combat the threat posed by the dark web and the illicit marketplaces hosted on the dark web; and
(ii) enhancing collaboration and coordination among Federal, State, Tribal, local, international and other law enforcement partners, as appropriate.
(2) Sense of congress.--It is the sense of Congress that--
(A) the dark web and illicit marketplaces hosted on the dark web facilitate the distribution of illegal drugs and pose a unique threat to the public health and national security in the United States; and
(B) Congress should--
(i) support law enforcement agencies and prosecutors at the Federal, State, Tribal, local, and international levels in their efforts to investigate and prosecute the distribution of illegal drugs, goods, and services through the dark web; and
(ii) increase the investigative and prosecutorial tools available to law enforcement agencies and prosecutors to address the distribution of illegal drugs, goods, and services through the dark web.
(c) Definitions.--In this section:
(1) Dark web.--The term "dark web" has the meaning given the term in subsection (i) of section 401 of the Controlled Substances Act (21 U.S.C. 841), as added by section 4 of this Act.
(2) Director.--The term "Director" means the Director of the task force.
(3) Illicit marketplace.--The term "illicit marketplace" means a website on the dark web on which individuals can use virtual currency to engage in transactions involving drugs, weapons, malware, counterfeit currency, stolen credit cards, personal identifying information, forged documents, or other illicit goods.
(4) Indian tribe.--The term "Indian Tribe" has the meaning given the term "Indian tribe" in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Opioid.--The term "opioid" has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(6) Task force.--The term "task force" means the Joint Criminal Opioid and Darknet Enforcement Task Force established under subsection (e)(1)(A).
(d) Offenses Involving the Dark Web.--Section 401 of the Controlled Substances Act (21 U.S.C.
Text printed in the Record (10,940 characters)
841) is amended by adding at the end the following:
"(i) Offenses Involving Dispensing of Controlled Substances by Means of the Dark Web.--
"(1) Definition of dark web.--In this subsection, the term `dark web' means a portion of the internet in which there are hidden sites and services that--
"(A) are not indexed by an internet search engine; and
"(B) are only accessible to users of specific devices, software, routing and anonymizing services, authorizations, or configurations that conceal the identities and locations of users.
"(2) Offense.--It shall be unlawful for any person to knowingly or intentionally--
"(A) deliver, distribute, or dispense a controlled substance by means of the dark web, except as authorized by this title; or
"(B) aid or abet (as such terms are used in section 2 of title 18, United States Code) any activity described in subparagraph (A) that is not authorized by this title.
"(3) Penalty.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines and policy statements to provide for a 2-level increase above the sentence otherwise applicable for a violation of paragraph (2).".
(e) Joint Criminal Opioid and Darknet Enforcement Task Force.--
(1) Establishment.--
(A) In general.--There is established in the Federal Bureau of Investigation an interagency program that shall be known as the Joint Criminal Opioid and Darknet Enforcement Task Force.
(B) Director.--The task force shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Purpose.--The purpose of the task force shall be to detect, disrupt, and dismantle illicit marketplaces.
(3) Components.--
(A) Representatives.--The task force shall include representatives from--
(i) the Federal Bureau of Investigation;
(ii) the Drug Enforcement Administration;
(iii) the United States Postal Inspection Service;
(iv) Immigration and Customs Enforcement;
(v) the Bureau of Alcohol, Tobacco, Firearms and Explosives;
(vi) Homeland Security Investigations;
(vii) United States Customs and Border Protection;
(viii) the Department of Defense;
(ix) the Financial Crimes Enforcement Network; and
(x) the Department of Justice.
(B) Consultation.--The Director may consult with any State, Tribal, local, or international department or agency the Director determines necessary to carry out the purpose of the task force described in subsection (b).
(4) Duties and functions.--To further the purpose of the task force described in paragraph (2), the task force shall--
(A) engage in--
(i) proactive and reactive investigations; and
(ii) forensic and cyberforensic examinations;
(B) provide forensic and cyberforensic, technical, preventive, and investigative training and assistance to--
(i) prosecutors; and
(ii) law enforcement agencies;
(C) develop best practices to assist Federal, State, Tribal, and local law enforcement agencies, prosecutors, and others, as appropriate, in the collection of evidence in order to determine and investigate possible nexuses to the dark web and virtual assets, including--
(i) evidence logging;
(ii) evidence maintenance; and
(iii) evidence sharing;
(D) develop multijurisdictional and multiagency responses and partnerships with Federal, international, local, and other law enforcement agencies, as appropriate, by--
(i) establishing procedures for information sharing;
(ii) establishing lists of recommended specialized equipment and tools to investigate and prosecute the distribution of illicit drugs, goods, and services on the dark web; and
(iii) helping the agencies acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute the distribution of illegal drugs, goods, and services through the dark web;
(E) create novel investigative approaches to--
(i) target emerging technologies that facilitate the distribution of opioids through illicit marketplaces on the dark web; and
(ii) build forensic capacity and expertise to meet the challenges posed by the technologies;
(F) enhance collaboration and coordination with international partners; and
(G) engage in any other activities the Director determines necessary to carry out the duties of the task force.
(5) Guidance and training.--The task force shall provide guidance and training to officers and employees of the Federal Bureau of Investigation and other Federal, international, and other law enforcement agencies, as appropriate, relating to--
(A) techniques and procedures to--
(i) recognize evidence or potential evidence relating to the dark web; and
(ii) identify and recognize patterns and practices relating to the distribution of illegal drugs, services, and goods through the dark web;
(B) the types of information that should be collected and recorded in information technology systems used by the Federal Bureau of Investigation to help--
(i) identify administrators and operators of illicit marketplaces;
(ii) identify vendors, buyers, and other individuals involved in the distribution of opioids through illicit marketplaces; and
(iii) detect, disrupt, and dismantle illicit marketplaces;
(C) procedures for systematic and routine information sharing within the Federal Bureau of Investigation and between Federal, State, Tribal, and local law enforcement agencies; and
(D) any other training or guidance the Director determines necessary to carry out the duties of the task force.
(6) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation, acting through the Director, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include, for the previous year--
(A) a summary of the activities and accomplishments of the task force;
(B) a description of the investigative methods used by the task force, including an assessment of the effectiveness of the methods;
(C) information on investigation and prosecution performance measures for the task force, including--
(i) the number of investigations the task force conducted or assisted;
(ii) the number of illicit marketplaces detected, disrupted, or dismantled as a result of an investigation conducted or assisted by the task force;
(iii) the number of arrests relating to an investigation conducted or assisted by the task force; and
(iv) statistics that account for the disposition of investigations by the task force that did not result in an arrest or a prosecution;
(D) an assessment of partnerships between the task force and other Federal, State, Tribal, and local law enforcement agencies, including the effectiveness of guidance and training provided by the task force to personnel of other Federal, State, Tribal, and law enforcement agencies;
(E) an evaluation of the collaboration and coordination between the task force and international partners;
(F) recommendations for additional congressional or legislative action, as appropriate, that would be useful or necessary to achieve the purpose of the task force described in subsection (b);
(G) a summary of how transactions involving the distribution of illegal drugs, goods, and services through the dark web are financed;
(H) a description of a plan to increase the capacity to investigate the distribution of illegal drugs, goods, and services through the dark web; and
(I) recommendations for additional congressional or legislative action, as appropriate, that would improve the efforts of Federal agencies to detect, disrupt, and dismantle illicit marketplaces, including efforts to identify individuals and groups involved in the distribution of illegal drugs, goods, and services through the dark web.
(7) Funding.--The Director shall carry out this subsection using amounts otherwise made available to the Attorney General.
(8) Sunset.--This subsection shall cease to have force or effect on the date that is 5 years after the date of enactment of this Act.
(f) Report on Virtual Currencies.--Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Treasury and the Secretary of Homeland Security, shall submit to Congress a report on the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web, which shall include--
(1) a summary of how virtual currencies are--
(A) used to finance transactions involving the distribution of opioids through illicit marketplaces on the dark web; and
(B) exchanged in the course of transactions described in subparagraph (A), including transactions involving--
(i) peer-to-peer networks;
(ii) virtual currency;
(iii) money transmitters; or
(iv) other financial institutions;
(2) the number of instances involving the distribution of opioids through illicit marketplaces on the dark web in which an individual involved used a virtual currency to finance the distribution;
(3) the most common types of virtual currencies used by individuals involved in the distribution of opioids through illicit marketplaces on the dark web;
(4) an assessment of the capacity to investigate the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web, including--
(A) efforts to assist financial institutions in detecting, identifying, and reporting suspicious activity and money laundering;
(B) efforts to obtain financial records and other documents from virtual currency operators and exchanges;
(C) training and guidance to Federal, State, Tribal, and local law enforcement agencies and prosecutors; and
(D) coordination and collaboration with international partners; and
(5) recommendations for additional congressional or legislative action that would improve the efforts of Federal agencies to detect, disrupt, and dismantle illicit marketplaces on the dark web, including efforts to identify individuals using virtual currencies in the distribution of opioids through illicit marketplaces on the dark web.
(g) Five-year Update.--It is the sense of Congress that, not less frequently than once every 5 years, Congress should evaluate and, if necessary, update the definition of the term "dark web" in section 401(i) of the Controlled Substances Act (21 U.S.C. 841(i)), as added by subsection (d) of this section.
(h) Severability.--If any portion of this section, or the amendments made by this section, or the application thereof to any person or circumstance is held invalid, the remainder of this section and the amendments made by this section, and the application of this section or the amendments made by this section to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.
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SA 6440. Ms. HASSAN (for herself and Mr. Lankford) 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:
Text printed in the Record (8,092 characters)
At the end of title X, add the following:
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the "Enhancing Southbound Inspections to Combat Cartels Act".
SEC. 1094A. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Appropriations of the House of Representatives;
(E) the Committee on Homeland Security of the House of Representatives; and
(F) the Committee on the Judiciary of the House of Representatives.
(2) United states land borders.--The term "United States land borders" means--
(A) the international land border between the United States and Mexico; and
(B) the international land border between the United States and Canada.
SEC. 1094B. ADDITIONAL INSPECTION EQUIPMENT AND
INFRASTRUCTURE.
(a) Imaging Systems.--The Commissioner of U.S. Customs and Border Protection is authorized to use previously appropriated funds--
(1) to purchase up to 25 additional non-intrusive imaging systems; and
(2) to procure additional associated supporting infrastructure.
(b) Deployment.--The systems and infrastructure purchased or otherwise procured pursuant to subsection (a) shall be deployed along the United States land borders for the primary purpose of inspecting any persons, conveyances, or modes of transportation traveling--
(1) from the United States to Mexico or Canada; or
(2) from Canada or Mexico to the United States.
(c) Alternative Equipment.--The Commissioner of U.S. Customs and Border Protection is authorized to use previously appropriated funds to procure additional infrastructure or alternative inspection equipment that the Commissioner deems necessary for the purpose of inspecting any persons, conveyances, or modes of transportation traveling--
(1) from the United States to Mexico or Canada; or
(2) from Canada or Mexico to the United States.
(d) Sunset.--Subsections (a) and (c) shall cease to have any force and effect beginning on the date that is 3 years after the date of the enactment of this Act.
SEC. 1094C. ADDITIONAL HOMELAND SECURITY INVESTIGATIONS
PERSONNEL FOR INVESTIGATIONS OF SOUTHBOUND
SMUGGLING.
(a) HSI Special Agents.--The Director of U.S. Immigration and Customs Enforcement shall use previously appropriated funds to hire, train, and assign--
(1) not fewer than 50 new Homeland Security Investigations special agents to primarily assist with investigations involving the smuggling of currency and firearms from the United States to Mexico; and
(2) not fewer than 50 new Homeland Security Investigations special agents to assist with investigations involving the smuggling of contraband, human trafficking and smuggling (including that of children), drug smuggling, and unauthorized entry into the United States from Mexico.
(b) Support Staff.--The Director is authorized to use previously appropriated funds to hire, train, and assign such additional support staff as may be necessary to support the functions carried out by the special agents hired pursuant to subsection (a).
SEC. 1094D. REPORT.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees that--
(1) identifies the resources provided, including equipment, personnel, and infrastructure, and the annual budget to carry out outbound and inbound inspections, including, to the extent practicable, resources specifically used for inspections of any individuals and modes of transportation--
(A) from the United States to Mexico or to Canada; and
(B) from Mexico or Canada into the United States.
(2) describes the operational cadence of all outbound and inbound inspections of individuals and conveyances traveling from the United States to Mexico or to Canada and from Mexico or Canada into the United States, described as a percentage of total encounters or as the total number of inspections conducted;
(3) describes any plans that would allow for the use of alternative inspection sites near a port of entry;
(4) includes an estimate of--
(A) the number of vehicles and conveyances that can be inspected with up to 50 additional non-intrusive imaging systems dedicated to southbound inspections; and
(B) the number of vehicles and conveyances that can be inspected with up to 50 additional non-intrusive imaging systems that may be additionally dedicated to inbound inspections along the southwest border; and
(5) assesses the capability of inbound inspections by authorities of the Government of Mexico, in cooperation with United States law enforcement agencies, to detect and interdict the flow of illicit weapons and currency being smuggled--
(A) from the United States to Mexico; and
(B) from Mexico into the United States.
(b) Classification.--The report submitted pursuant to subsection (a), or any part of such report, may be classified or provided with other appropriate safeguards to prevent public dissemination.
SEC. 1094E. MINIMUM MANDATORY SOUTHBOUND INSPECTION
REQUIREMENT.
(a) Requirement.--Not later than March 30, 2030, the Secretary of Homeland Security shall ensure, to the extent practicable, that not fewer than 10 percent of all conveyances and other modes of transportation traveling from the United States to Mexico are inspected before leaving the United States.
(b) Authorized Inspection Activities.--Inspections required under subsection (a) may include non-intrusive imaging, physical inspections by officers or canine units, or other means authorized by the Secretary of Homeland Security if all such inspections are completed in full compliance with the Fourth Amendment to the Constitution of the United States.
(c) Report on Additional Inspections Capabilities.--Not later than March 30, 2031, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees that assesses the Department of Homeland Security's timeline and resource requirements for increasing inspection rates to 15 and 20 percent, respectively, of all conveyances and modes of transportation traveling from the United States to Mexico.
SEC. 1094F. CURRENCY AND FIREARMS SEIZURES QUARTERLY REPORT.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the date that is 3 years after such date of enactment, the Commissioner for U.S. Customs and Border Protection shall submit a report to the appropriate congressional committees that describes the seizure of currency, firearms, and ammunition attempted to be trafficked out of the United States.
(b) Contents.--Each report submitted pursuant to subsection (a) shall include, for the most recent 90-day period for which such information is available--
(1) the total number of currency seizures that occurred from outbound inspections at United States ports of entry;
(2) the total dollar amount associated with the currency seizures referred to in paragraph (1);
(3) the total number of firearms seized from outbound inspections at United States ports of entry;
(4) the total number of ammunition rounds seized from outbound inspections at United States ports of entry; and
(5) the total number of incidents of firearm seizures and ammunition seizures that occurred at United States ports of entry.
SEC. 1094G. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND
REPORT.
The Comptroller General of the United States shall--
(1) conduct a study to determine the number of new Homeland Security Investigations agents and additional non-intrusive imaging systems that are needed--
(A) to investigate the smuggling of currency and firearms across the United States land borders; and
(B) to inspect persons, conveyances, and modes of transportation traveling across such borders; and
(2) submit a report to Congress containing the results of such study.
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SA 6441. Mr. LANKFORD 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:
Text printed in the Record (1,366 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1271. LIMITATION ON USE OF WAIVER AUTHORITY FOR TRANSFER
OF F-35 AIRCRAFT TO TURKEY.
(a) In General.--Notwithstanding any other provision of law, the waiver authority under section 1245 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1659) may not be exercised until the date on which the Secretary of State, in consultation with the Secretary of the Treasury, certifies to appropriate committees of Congress that Turkey has ended forms of support for foreign terrorist organizations.
(b) 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; and
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) Foreign terrorist organization.--The term "foreign terrorist organization" means any organization designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
(3) Support for terrorism.--The term "support for terrorism" includes--
(A) materiel transfer to designated individuals;
(B) use of domestic financial institutions to transfer funds to designated individuals; and
(C) harboring of individuals designated for terrorism.
______
SA 6442. Mr. LANKFORD 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:
Text printed in the Record (1,800 characters)
At the appropriate place in title XI, insert the following:
SEC. __. MAKING PERMANENT THE DIRECT HIRE AUTHORITY FOR
DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES,
THE MAJOR RANGE AND TEST FACILITIES BASE, AND
THE OFFICE OF THE DIRECTOR OF OPERATIONAL TEST
AND EVALUATION.
(a) Codification of Section 1125 of FY 2017 NDAA.--Chapter 81 of title 10, United States Code, is amended by adding at the end a new section consisting of--
(1) a heading as follows:
"Sec. 1599k. Direct hire authority for domestic defense
industrial base facilities, the Major Range and Test
Facilities Base, and the Office of the Director of
Operational Test and Evaluation";
and
(2) a text consisting of the text of section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.).
(b) Conforming Amendments in Connection With Codification.--Section 1599k of title 10, United States Code, as added by subsection (a), is amended--
(1) in subsection (a)--
(A) by striking "During each of fiscal years 2017 through 2025, the Secretary" and inserting "The Secretary"; and
(B) by striking "United States Code,"; and
(2) in subsection (b)--
(A) by striking "During fiscal years 2017 through 2021, the Secretary" and inserting "The Secretary"; and
(B) by striking "United States Code,".
(c) Clerical Amendment.--The table of sections at the beginning of chapter 81 of such title is amended by adding at the end the following new item:
"1599k. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation.".
(d) Conforming Repeal.--Section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is repealed.
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SA 6443. Mr. LANKFORD 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:
Text printed in the Record (10,308 characters)
At the end of title IX, add the following:
Subtitle D--Military Chaplains Modernization Act of 2026
SEC. 931. SHORT TITLE.
This subtitle may be cited as the "Military Chaplains Modernization Act of 2026".
SEC. 932. FINDINGS.
Congress makes the following findings:
(1) Religion and religious liberty have always served an essential role in society, culture, and military service, making them necessary for good democratic governance and a strong military.
(2) George Washington, as a young colonel, recognized the importance of religious practice for his soldiers, repeatedly requesting chaplains for his troops and periodically performing religious duties himself.
(3) When the Second Continental Congress established the Continental Army in June 1775, it recommended "all officers and soldiers diligently to attend Divine Service".
(4) In 1775, at the behest of George Washington, then General of the Continental Army, the Second Continental Congress established the Federal chaplaincy that is in existence to this day, making it one of the oldest military services provided for American troops.
(5) From their earliest days, military chaplains have existed to provide pastoral care, meeting the religious needs of members of the Armed Forces and their families.
(6) In 1775, the Continental Congress, understanding the significance of chaplaincy, similarly instructed its fledgling navy that, "The commanders of the ships of the Thirteen United Colonies are to take care that divine services be performed twice a day on board, and a sermon preached on Sundays, unless bad weather or other extraordinary accidents prevent it.".
(7) John Adams instructed his Secretary of the Navy on the influence of a Navy chaplaincy, stating, "I know not whether the commanders of our ships have given much attention to this subject [chaplains], but in my humble opinion, we shall be very unskillful politicians as well as bad Christians and unwise men if we neglect this important office in our infant Navy.".
(8) In 1942, Franklin D. Roosevelt also acknowledged the importance of the chaplaincy by vowing to "never fail to provide for the spiritual needs of our officers and men under the Chaplains of our armed forces", and during World War II, President Roosevelt had Bibles printed and provided to troops in the field.
(9) Understanding the importance of religion not only to the members of the United States military, but also to the United States as a whole, the Founders ratified the First Amendment to the United States Constitution in 1791.
(10) Under the First Amendment, which applies to the Armed Forces, the Federal Government has a constitutional duty to provide for the religious exercise of members of the Armed Forces, an obligation to which the chaplain corps is essential.
(11) The Supreme Court stated, in Kennedy v. Bremerton School District, 597 U.S. 507 (2022), that the court is "aware of no historically sound understanding of the Establishment Clause that begins to `mak[e] it necessary for government to be hostile to religion'. . .".
(12) In Kennedy v. Bremerton School District, the Supreme Court further explained that "the Establishment Clause does not include anything like a `modified heckler's veto, in which . . . religious activity can be proscribed' based on `perceptions' or `discomfort' " and that the Clause does not " `compel the government to purge from the public sphere' anything an objective observer could reasonably infer endorses or `partakes of the religious' ".
(13) The Supreme Court made clear in Parker v. Levy, 417 U.S. 733 (1974) that chaplains in the Armed Forces do not forfeit their First Amendment rights by virtue of their military service.
(14) Section 6 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-3) specifies that that Act (42 U.S.C. 2000bb et seq.) "applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after [November 16, 1993]".
SEC. 933. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR ARMY CHAPLAINS.
(a) Chaplains.--Section 7073 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (1) the following new paragraph:
"(2) the Deputy Chief of Chaplains;
"(3) the Deputy Chief of Chaplains for the Army Reserve;
"(4) the Deputy Chief of Chaplains for the Army National Guard;";
(2) by redesignating subsection (b) as subsection (f);
(3) by inserting after subsection (a) the following new subsections:
"(b) The Chief of Chaplains shall serve as a principal advisor to the Secretary of the Army and the Chief of Staff of the Army.
"(c) The Deputy Chief of Chaplains shall serve under the authority, direction, and control of the Chief of Chaplains.
"(d) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains for the Army Reserve shall serve as a principal advisor to the Chief of the Army Reserve.
"(e) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains for the Army National Guard shall serve as a principal advisor to the Chief of the National Guard Bureau."; and
(4) adding at the end the following new subsection:
"(g) The Deputy Chiefs of Chaplains, while so serving, hold the grade of brigadier general.".
(b) Chiefs of Branches: Appointment; Duties.--Section 7036 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection (g):
"(g) The Chief of Chaplains serves as the principal advisor to the Secretary of the Army and the Chief of Staff of the Army on chaplaincy matters and the provision of religious support in the Army, including strategic planning and the development of policies that affect religious support or have a nexus with the chaplaincy.".
(c) Chaplains.--Section 7217 of title 10, United States Code, is amended to read as follows:
"Sec. 7217. Duties, responsibilities, requirements, and
protections for Army chaplains
"(a) Duties, Responsibilities, and Requirements.--(1) The Army Chaplaincy shall perform such duties as may be prescribed by the Secretary of the Army and the Chief of Chaplains of the Army.
"(2) The Army Chaplaincy shall be overseen by the Chief of Chaplains and shall--
"(A) serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, spiritual care, religious provisions, and religion's influence on military operations, which shall include, but not be limited to--
"(i) advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service, pursuant to the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-1), and related statutes and policies;
"(ii) assisting commanders in managing religious affairs, including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion;
"(iii) assisting commanders by serving as advisers with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion, morals, ethics, well-being, and morale; and
"(iv) overseeing education and training programs concerning the accommodation of religious practices for members of the armed forces;
"(B) meet the religious requirements and care for the spiritual needs of members of the armed forces, other authorized persons, and dependents of members, potentially in isolated or combat environments;
"(C) have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion;
"(D) facilitate meeting the religious needs and requirements for members of the armed forces to whom an assigned chaplain cannot directly minister; and
"(E) maintain confidential, sacramental, and privileged communications, including those recognized under applicable laws and policies.
"(3) The tasks of chaplains in the Army shall include, but not be limited to, the following:
"(A) Performing religious rites, rituals, services, ordinances, ceremonies, and observances (such as memorials, weddings, retirements, sermons, worship, and burials).
"(B) Counseling, meeting, advising, and praying with individuals or groups.
"(C) Providing crisis prevention and response.
"(D) Providing pastoral and spiritual care, guidance, support, and activities.
"(E) Advising on religious accommodation requests.
"(F) Providing religious training and education.
"(b) Protections.--(1) A chaplain's duties, responsibilities, and requirements, as set forth in subsection (a), shall be conducted in a manner consistent with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization.
"(2) A chaplain shall have the right to conduct public worship, provide counseling, teach, deliver sermons, advise, minister, and offer prayer in accordance with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization. Those activities shall be free from censorship, undue restriction, or fear of retribution.
"(3) A chaplain shall uphold the chaplain's duty to protect confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(4) No member of the Armed Forces may--
"(A) require or assign a chaplain to perform any rite, ritual, ceremony, sermon, or speech contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization;
"(B) require or assign a chaplain to perform any task or action contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the religious-endorsing organization of the chaplain, consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C.
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2000bb-1);
"(C) retaliate or discriminate against a chaplain based on the chaplain's refusal to comply with a requirement prohibited under this subsection, or take, with respect to such a refusal by a chaplain, any adverse personnel action including--
"(i) denial of promotion, schooling, training, assignment, or financial recoupment;
"(ii) issuance of letters of reprimand; or
"(iii) any other adverse action or entry in the chaplain's record; or
"(D) preclude a chaplain from conducting an activity described in paragraph (2).
"(5) A member of the Armed Forces who violates paragraph (4) shall be subject to prosecution under the Uniform Code of Military Justice.
"(c) Assistance by Commanding Officers.--Each officer shall furnish facilities, including necessary transportation, to any chaplain assigned to the command of the officer, to assist the chaplain in performing the duties, responsibilities, and requirements of the chaplain under subsection (a).
"(d) Definitions.--In this section:
"(1) Administrative endorser.--The term `administrative endorser' means an organization that was approved to endorse chaplains for service in the armed forces under the requirements of the Department of Defense and the armed force in which those chaplains will serve, as in effect at the time the organization initially began endorsing chaplains, not on its own behalf, but on behalf of one or more external religious organizations that--
"(A) are religious-endorsing organizations;
"(B) at the time the organization initially began endorsing chaplains, did not possess the organizational capacity to endorse chaplains directly; and
"(C) were not members of, nor otherwise affiliated with, a fellowship or other organizational structure meeting the requirements set forth in paragraph (5)(A)(iii) that possessed authority to endorse chaplains.
"(2) Adverse personnel action.--The term `adverse personnel action' means any action taken against a member of the Armed Forces that affects or has the potential to adversely affect the member's current position or career, including--
"(A) a disciplinary action, transfer, negative performance evaluation, removal, separation, discharge, or mental health evaluation; and
"(B) a decision not to give the member a promotion, an increase in pay or benefits, an award, training, or relief.
"(3) Censorship.--The term `censorship' means any governmental action taken to suppress or restrict information, ideas, or expression.
"(4) Confidential, sacramental, and privileged communications.--The term `confidential, sacramental, and privileged communications' means any private communication made to a chaplain acting in the chaplain's capacity as a spiritual advisor.
"(5) Religious-endorsing organization.--(A) The term `religious-endorsing organization' means an entity that--
"(i)(I) is organized and functions primarily to perform religious ministries to nonmilitary lay members and meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve; and
"(II) possesses ecclesiastical authority to endorse and withdraw endorsements for chaplains serving under the authority of the entity to conduct religious observances or ceremonies in a military context; or
"(ii)(I) meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve;
"(II) is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members; and
"(III) performs the function described in clause (i)(II) on behalf of its member religious organizations and religious ministry professionals.
"(B) An administrative endorser that endorses chaplains before the date of the enactment of this section may continue to endorse chaplains on and after such date of enactment if administrative endorser meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the administrative endorser will serve to provide documentation verifying that the religious organizations the administrative endorser represents meet the requirements of subclause (I) and (II) of subparagraph (A)(i).".
SEC. 934. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR NAVY CHAPLAINS.
(a) Chaplain Corps and Chief of Chaplains.--Section 8082 of title 10, United States Code, is amended by adding at the end the following new subsection:
"(f) The Chief of Chaplains shall serve as a principal adviser to the Secretary of the Navy and the Chief of Naval Operations.".
(b) Deputy Chiefs of Chaplains.--Section 8082a of title 10, United States Code, is amended to read as follows:
"Sec. 8082a. Deputy Chiefs of Chaplains
"(a) The Secretary of the Navy shall detail as Deputy Chiefs of Chaplains officers of the Chaplain Corps in the grade of commander or above who are on active duty and who have served on active duty in the Chaplain Corps for at least eight years.
"(b) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains shall also serve as the Chaplain of the Marine Corps and shall serve as a principal advisor to the Commandant of the Marine Corps.
"(c) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains for Reserve Matters shall also serve as a principal advisor to the Chief of Navy Reserve.
"(d) The Deputy Chiefs of Chaplains, while so serving, hold the grade of rear admiral (lower half).".
(c) Chaplains.--Section 8221 of title 10, United States Code, is amended to read as follows:
"Sec. 8221. Duties, responsibilities, requirements, and
protections for Navy chaplains
"(a) Duties, Responsibilities, and Requirements.--(1) The Navy Chaplaincy shall perform such duties as may be prescribed by the Secretary of the Navy and the Chief of Chaplains of the Navy.
"(2) The Navy Chaplaincy shall be overseen by the Chief of Chaplains and shall--
"(A) serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, spiritual care, religious provisions, and religion's influence on military operations, which shall include, but not be limited to--
"(i) advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service, pursuant to the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1), and related statutes and policies;
"(ii) assisting commanders in managing religious affairs, including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion;
"(iii) assisting commanders by serving as an adviser with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion, morals, ethics, well-being, and morale; and
"(iv) overseeing education and training programs concerning the accommodation of religious practices for members of the armed forces;
"(B) meet the religious requirements and care for the spiritual needs of members of the armed forces, other authorized persons, and dependents, potentially in isolated or combat environments;
"(C) have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion;
"(D) facilitate meeting the religious needs and requirements for members of the armed forces to whom an assigned chaplain cannot directly minister; and
"(E) maintain confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(3) The tasks of chaplains in the Navy shall include, but not be limited to, the following:
"(A) Performing religious rites, rituals, services, ordinances, ceremonies, and observances (such as memorials, weddings, retirements, sermons, worship, and burials).
"(B) Counseling, meeting, advising, and praying with individuals or groups.
"(C) Providing crisis prevention and response.
"(D) Providing pastoral and spiritual care, guidance, support, and activities.
"(E) Advising on religious accommodation requests.
"(F) Providing religious training and education.
"(b) Protections.--(1) A chaplain's duties, responsibilities, and requirements, as set forth in subsection (a), shall be conducted in a manner consistent with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization.
"(2) A chaplain shall have the right to conduct public worship, provide counseling, teach, deliver sermons, advise, minister, and offer prayer in accordance with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization. Those activities shall be free from censorship, undue restriction, or fear of retribution.
"(3) A chaplain shall uphold the chaplain's duty to protect confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(4) No member of the Armed Forces may--
"(A) require or assign a chaplain to perform any rite, ritual, ceremony, sermon, or speech, contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization;
"(B) require or assign a chaplain to perform any task or action contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization, consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C.
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2000bb-1);
"(C) retaliate or discriminate against a chaplain based on the chaplain's refusal to comply with a requirement prohibited under this subsection, or take, with respect to such a refusal by a chaplain, any adverse personnel action including--
"(i) denial of promotion, schooling, training, assignment, or financial recoupment;
"(ii) issuance of letters of reprimand; or
"(iii) any other adverse action or entry in the chaplain's record; or
"(D) preclude a chaplain from conducting an activity described in paragraph (2).
"(5) A member of the Armed Forces who violates paragraph (4) shall be subject to prosecution under the Uniform Code of Military Justice.
"(c) Assistance by Commanding Officers.--Each officer shall furnish facilities, including necessary transportation, to any chaplain assigned to the command of the officer, to assist the chaplain in performing the duties, responsibilities, and requirements of the chaplain under subsection (a).
"(d) Definitions.--In this section:
"(1) Administrative endorser.--The term `administrative endorser' means an organization that was approved to endorse chaplains for service in the armed forces under the requirements of the Department of Defense and the armed force in which those chaplains will serve, as in effect at the time the organization initially began endorsing chaplains, not on its own behalf, but on behalf of one or more external religious organizations that--
"(A) are religious-endorsing organizations;
"(B) at the time the organization initially began endorsing chaplains, did not possess the organizational capacity to endorse chaplains directly; and
"(C) were not members of, nor otherwise affiliated with, a fellowship or other organizational structure meeting the requirements set forth in paragraph (5)(A)(iii) that possessed authority to endorse chaplains.
"(2) Adverse personnel action.--The term `adverse personnel action' means any action taken against a member of the Armed Forces that affects or has the potential to adversely affect the member's current position or career, including--
"(A) a disciplinary action, transfer, negative performance evaluation, removal, separation, discharge, or mental health evaluation; and
"(B) a decision not to give the member a promotion, an increase in pay or benefits, an award, training, or relief.
"(3) Censorship.--The term `censorship' means any governmental action taken to suppress or restrict information, ideas, or expression.
"(4) Confidential, sacramental, and privileged communications.--The term `confidential, sacramental, and privileged communications' means any private communication made to a chaplain acting in the chaplain's capacity as a spiritual advisor.
"(5) Religious-endorsing organization.--(A) The term `religious-endorsing organization' means an entity that--
"(i)(I) is organized and functions primarily to perform religious ministries to nonmilitary lay members and meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve; and
"(II) possesses ecclesiastical authority to endorse and withdraw endorsements for chaplains serving under the authority of the entity to conduct religious observances or ceremonies in a military context; or
"(ii)(I) meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve;
"(II) is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members; and
"(III) performs the function described in clause (i)(II) on behalf of its member religious organizations and religious ministry professionals.
"(B) An administrative endorser that endorses chaplains before the date of the enactment of this section may continue to endorse chaplains on and after such date of enactment if administrative endorser meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the administrative endorser will serve to provide documentation verifying that the religious organizations the administrative endorser represents meet the requirements of subclause (I) and (II) of subparagraph (A)(i).".
SEC. 935. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR AIR FORCE CHAPLAINS.
(a) Chief of Chaplains.--Section 9039 of title 10, United States Code, is amended by adding at the end the following:
"(d) The Chief of Chaplains shall serve as the principal adviser to the Secretary of the Air Force and the Chief of Staff of the Air Force on chaplaincy and religious support, including strategic planning and policy development related to those areas.
"(e) The Air Force Chaplaincy, which also services the Space Force, shall--
"(1) be overseen by the Office of the Chief of Chaplains; and
"(2) advise and assist commanders in ensuring the right of members of the armed forces to religious freedom, in accordance with the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1), and applicable laws and policies.".
(b) Deputy Chief of Chaplains.--Chapter 905 of title 10, United States Code, is amended by inserting after section 9039 the following new section:
"Sec. 9039a. Deputy Chief of Chaplains: appointment; duties
"(a) The Secretary of the Air Force shall detail as a Deputy Chief of Chaplains one or more officers of the Chaplain Corps in the grade of colonel or above who are on active duty and who have served on active duty in the Chaplain Corps for at least eight years.
"(b) Under the authority, direction, and control of the Chief of Chaplains, a Deputy Chief of Chaplains shall also serve as the Chaplain of the Space Force and shall serve as a principal advisor to the Chief of Space Operations.
"(c) A Deputy Chief of Chaplains, while so serving, holds the grade of brigadier general.".
(c) The Air Staff: Function; Composition.--Section 9031 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively; and
(2) by inserting after paragraph (6) the following new paragraph (7):
"(7) The Chief of Chaplains for the Air Force and the Space Force.".
(d) Chaplains.--Section 9217 of title 10, United States Code, is amended to read as follows:
"Sec. 9217. Duties, responsibilities, requirements, and
protections for Air Force chaplains
"(a) Duties, Responsibilities, and Requirements.--(1) The Air Force Chaplaincy shall perform such duties as may be prescribed by the Secretary of the Air Force and the Chief of Chaplains of the Air Force.
"(2) The Air Force Chaplaincy shall be overseen by the Chief of Chaplains and shall--
"(A) serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, spiritual care, religious provisions, and religion's influence on military operations, which shall include, but not be limited to--
"(i) advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service, pursuant to the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1), and related statutes and policies;
"(ii) assisting commanders in managing religious affairs, including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion;
"(iii) assisting commanders by serving as an adviser with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion, morals, ethics, well-being, and morale; and
"(iv) overseeing education and training programs concerning the accommodation of religious practices for members of the armed forces;
"(B) meet the religious requirements and care for the spiritual needs of members of the armed forces, other authorized persons, and dependents, potentially in isolated or combat environments;
"(C) have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion;
"(D) facilitate meeting the religious needs and requirements for members of the armed forces to whom an assigned chaplain cannot directly minister; and
"(E) maintain confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(3) The tasks of chaplains in the Air Force shall include, but not be limited to, the following:
"(A) Performing religious rites, rituals, services, ordinances, ceremonies, and observances (such as memorials, weddings, retirements, sermons, worship, and burials).
"(B) Counseling, meeting, advising, and praying with individuals or groups.
"(C) Providing crisis prevention and response.
"(D) Providing pastoral and spiritual care, guidance, support, and activities.
"(E) Advising on religious accommodation requests.
"(F) Providing religious training and education.
"(b) Protections.--(1) A chaplain's duties, responsibilities, and requirements, as set forth in subsection (a), shall be conducted in a manner consistent with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization.
"(2) A chaplain shall have the right to conduct public worship, provide counseling, teach, deliver sermons, advise, minister, and offer prayer in accordance with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization. Those activities shall be free from censorship, undue restriction, or fear of retribution.
"(3) A chaplain shall uphold the chaplain's duty to protect confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(4) No member of the Armed Forces may--
"(A) require or assign a chaplain to perform any rite, ritual, ceremony, sermon, or speech contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization;
"(B) require or assign a chaplain to perform any task or action contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization, consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C.
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2000bb-1);
"(C) retaliate or discriminate against a chaplain based on the chaplain's refusal to comply with a requirement prohibited under this subsection, or take, with respect to such a refusal by a chaplain, any adverse personnel action including--
"(i) denial of promotion, schooling, training, assignment, or financial recoupment;
"(ii) issuance of letters of reprimand; or
"(iii) any other adverse action or entry in the chaplain's record; or
"(D) preclude chaplains from exercising the activities described in paragraph (2).
"(5) A member of the Armed Forces who violates paragraph (4) shall be subject to prosecution under the Uniform Code of Military Justice.
"(c) Assistance by Commanding Officers.--Each officer shall furnish facilities, including necessary transportation, to any chaplain assigned to the command of the officer, to assist the chaplain in performing the duties, responsibilities, and requirements of the chaplain under subsection (a).
"(d) Definitions.--In this section:
"(1) Administrative endorser.--The term `administrative endorser' means an organization that was approved to endorse chaplains for service in the armed forces under the requirements of the Department of Defense and the armed force in which those chaplains will serve, as in effect at the time the organization initially began endorsing chaplains, not on its own behalf, but on behalf of one or more external religious organizations that--
"(A) are religious-endorsing organizations;
"(B) at the time the organization initially began endorsing chaplains, did not possess the organizational capacity to endorse chaplains directly; and
"(C) were not members of, nor otherwise affiliated with, a fellowship or other organizational structure meeting the requirements set forth in paragraph (5)(A)(iii) that possessed authority to endorse chaplains.
"(2) Adverse personnel action.--The term `adverse personnel action' means any action taken against a member of the Armed Forces that affects or has the potential to adversely affect the member's current position or career, including--
"(A) a disciplinary action, transfer, negative performance evaluation, removal, separation, discharge, or mental health evaluation; and
"(B) a decision not to give the member a promotion, an increase in pay or benefits, an award, training, or relief.
"(3) Censorship.--The term `censorship' means any governmental action taken to suppress or restrict information, ideas, or expression.
"(4) Confidential, sacramental, and privileged communications.--The term `confidential, sacramental, and privileged communications' means any private communication made to a chaplain acting in the chaplain's capacity as a spiritual advisor.
"(5) Religious-endorsing organization.--(A) The term `religious-endorsing organization' means an entity that--
"(i)(I) is organized and functions primarily to perform religious ministries to nonmilitary lay members and meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve; and
"(II) possesses ecclesiastical authority to endorse and withdraw endorsements for chaplains serving under the authority of the entity to conduct religious observances or ceremonies in a military context; or
"(ii)(I) meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve;
"(II) is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members; and
"(III) performs the function described in clause (i)(II) on behalf of its member religious organizations and religious ministry professionals.
"(B) An administrative endorser that endorses chaplains before the date of the enactment of this section may continue to endorse chaplains on and after such date of enactment if administrative endorser meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the administrative endorser will serve to provide documentation verifying that the religious organizations the administrative endorser represents meet the requirements of subclause (I) and (II) of subparagraph (A)(i).".
SEC. 936. DEFINITION OF CHAPLAIN FOR TITLE 10, UNITED STATES
CODE.
Section 101(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
"(17) The term `chaplain' means a fully qualified religious ministry professional from a religious tradition who--
"(A) satisfies the professional qualifications of the chaplain's religious-endorsing organization (as defined in sections 7217, 8221, and 9217 of this title) and the educational requirements of the Department of Defense and the Armed Force in which the chaplain serves or will serve; and
"(B) is appointed as both an officer in the Chaplain Corps of the Armed Forces and a representative of the chaplain's religious-endorsing organization, to which the chaplain shall remain accountable to for providing religious ministry to the armed forces.".
SEC. 937. EFFECT OF VIOLATIONS.
(a) In General.--A member of the Armed Forces who violates section 7217(b)(4), 8221(b)(4), or 9217(b)(4) of title 10, United States Code, as added by section 933, shall be subject to prosecution under section 934 of such title (article 134 of the Uniform Code of Military Justice).
(b) Regulations.--Not later than one year after the date of the enactment of this Act, the President shall--
(1) prescribe regulations establishing that a violation of section 7217(b)(4), 8221(b)(4), or 9217(b)(4) of title 10, United States Code, as added by section 933, constitutes an offense punishable under section 934 of such title (article 134 of the Uniform Code of Military Justice); and
(2) revise the Manual for Courts-Martial to include such offenses.
SEC. 938. REGULATIONS.
The Secretary of Defense shall prescribe such regulations as are necessary to carry out the amendments made by this subtitle.
SEC. 939. CONFORMING AMENDMENTS.
(a) Existing Protections for Chaplains.--Section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1030 note prec.) is amended--
(1) in the section heading, by striking "and chaplains of such members";
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) Professional Functions of the Air Force.--Section 9063(h) of title 10, United States Code, is amended by adding "in accordance with section 9217(a)" after "Secretary".
SA 6444. Mr. GRASSLEY (for himself and Mr. Coons) 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:
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At the appropriate place, insert the following:
SEC. ___. FIGHTING POST-TRAUMATIC STRESS DISORDER ACT OF
2026.
(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 subsection 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 subsection:
(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 (1), 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.
______
SA 6445. Mr. CASSIDY 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:
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At the end of title X, add the following:
SECTION 1094. SHORT TITLE.
This subtitle may be cited as the "Health Care Cybersecurity and Resiliency Act of 2026".
SEC. 1094A. DEFINITIONS.
In this subtitle:
(1) Agency.--The term "Agency" means the Cybersecurity and Infrastructure Security Agency.
(2) Business associate.--The term "business associate" has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations (or a successor regulation).
(3) Covered entity.--The term "covered entity" has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations (or a successor regulation).
(4) Cybersecurity incident.--The term "cybersecurity incident" has the meaning given the term "incident" in section 3552 of title 44, United States Code.
(5) Cybersecurity state coordinator.--The term "Cybersecurity State Coordinator" means a Cybersecurity State Coordinator appointed under section 2217(a) of the Homeland Security Act of 2002 (6 U.S.C. 665c(a)).
(6) Director.--The term "Director" means the Director of the Agency.
(7) Healthcare and public health sector.--The term "Healthcare and Public Health Sector" means the Healthcare and Public Health sector, as identified in National Security Memorandum-22 (April 30, 2024; relating to critical infrastructure security and resilience).
(8) Information sharing and analysis organization.--The term "Information Sharing and Analysis Organization" has the meaning given such term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
(9) Information system.--The term "information system" has the meaning given such term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
(10) Recognized security practices.--The term "recognized security practices" has the meaning given such term in section 13412(b)(1) of the HITECH Act (42 U.S.C. 17941(b)(1)).
(11) Secretary.--The term "Secretary" means the Secretary of Health and Human Services.
SEC. 1094B. DEPARTMENT COORDINATION WITH THE AGENCY.
(a) In General.--The Secretary and the Director shall coordinate, including by entering into a cooperative agreement, as appropriate, to improve cybersecurity in the Healthcare and Public Health Sector.
(b) Assistance.--
(1) In general.--The Secretary shall coordinate with the Director to make resources available to entities that are receiving information shared through programs managed by the Director or the Secretary, including Information Sharing and Analysis Organizations, sector coordinating councils, and non-Federal entities.
(2) Scope.--The coordination under paragraph (1) shall include--
(A) developing products specific to the needs of Healthcare and Public Health Sector entities;
(B) sharing information relating to cyber threat indicators and appropriate defensive measures, including automating cyber threat information sharing, in a manner that adequately protects against unauthorized access or disclosure; and
(C) providing technical assistance to covered entities and business associates to improve cybersecurity preparedness.
(c) Joint Cybersecurity Planning.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Director shall establish a joint cybersecurity capability plan to coordinate responses to significant cybersecurity incidents affecting the Healthcare and Public Health Sector.
(2) Elements.--The joint cybersecurity capability plan established under paragraph (1) shall include--
(A) protocols for rapid information sharing during sector-wide cybersecurity incidents;
(B) coordination mechanisms with the sector coordinating council for the Healthcare and Public Health Sector; and
(C) coordination with Cybersecurity State Coordinators for incidents affecting multiple States.
(3) Submission to congress.--
(A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives the final joint cybersecurity capability plan prepared under paragraph (1) and a description of how such plan implements the elements required under paragraph (2).
(B) Updates.--If the Secretary and the Director update the joint cybersecurity capability plan required under this subsection, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives such updated plan and a description of how such plan implements the elements required under paragraph (2).
SEC. 1094C. CLARIFYING CYBERSECURITY RESPONSIBILITIES AT THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(a) In General.--The Secretary shall delegate a representative to lead oversight and coordination of activities within the Department of Health and Human Services to support internal and external cybersecurity resilience within the Healthcare and Public Health Sector, including coordination and communication with other public and private entities related to preparedness for, and responses to, cybersecurity incidents, consistent with applicable provisions of the Public Health Service Act (42 U.S.C. 201 et seq.), other applicable laws, and National Security Memorandum-22 (April 30, 2024; relating to critical infrastructure security and resilience). Such activities shall not include implementation or enforcement of part 160 and subparts A and C of part 164 of title 45, Code of Federal Regulations (or successor regulations) (commonly known as the "HIPAA Security Rule").
(b) Reports.--
(1) Report on delegation.--Not later than 60 days after delegating a representative under subsection (a), and any time a new representative is delegated under such subsection, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes how such representative will implement steps to improve internal and external cybersecurity resilience within the Healthcare and Public Health Sector.
(2) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the state of cybersecurity in the Healthcare and Public Health Sector, including--
(A) an assessment of the most significant cybersecurity threats and vulnerabilities facing the Healthcare and Public Health Sector;
(B) a summary of major cybersecurity incidents affecting the Healthcare and Public Health Sector during the preceding year;
(C) an assessment of the overall cybersecurity posture of the Healthcare and Public Health Sector;
(D) a description of actions taken by the Department of Health and Human Services to improve cybersecurity; and
(E) recommendations to improve Healthcare and Public Health Sector cybersecurity.
SEC. 1094D. CYBERSECURITY INCIDENT RESPONSE PLAN.
Section 405 of the Cybersecurity Act of 2015 (6 U.S.C. 1533) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in the paragraph heading, by inserting "information system;" after "federal entity;"; and
(ii) by inserting " `information system'," after " `Federal entity',";
(B) by redesignating paragraphs (4) through (7) as paragraphs (6) through (9), respectively; and
(C) by inserting after paragraph (3) the following:
"(4) Cybersecurity incident.--The term `cybersecurity incident' has the meaning given the term `incident' in section 3552 of title 44, United States Code.
"(5) Cybersecurity risk.--The term `cybersecurity risk' has the meaning given such term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650)."; and
(2) in subsection (d), by adding at the end the following:
"(4) Plan.--
"(A) In general.--Not later than 1 year after the date of enactment of the Health Care Cybersecurity and Resiliency Act of 2026, the Secretary shall expand and implement the Cyber Annex of the All Hazards Plan of the Department of Health and Human Services to inform applicable personnel within the Department of Health and Human Services of processes and protocols to prepare for, and respond to, cybersecurity incidents.
"(B) Scope.--The plan under subparagraph (A) shall address cybersecurity incidents involving information systems, including hardware, software, databases, and networks, used or maintained by, or on behalf of, the Department.
"(C) Elements.--The plan under subparagraph (A) shall include strategies--
"(i) to assess cybersecurity risks;
"(ii) to prevent cybersecurity incidents;
"(iii) to detect and identify cybersecurity incidents;
"(iv) to minimize damage in the event of a cybersecurity incident;
"(v) to protect data;
"(vi) to recover from any cybersecurity incidents expeditiously; and
"(vii) to communicate and share non-sensitive information about cybersecurity incidents with entities in the Healthcare and Public Health Sector (as defined in section 1094A of the Health Care Cybersecurity and Resiliency Act of 2026).
"(D) Consultation.--In developing the plan under subparagraph (A), the Secretary shall consult with the Director of the Cybersecurity and Infrastructure Security Agency, the Director of the Office of Management and Budget, the Director of the National Institute of Standards and Technology, and relevant experts, as appropriate.
"(E) Updates.--The Secretary shall review and update the plan under subparagraph (A)--
"(i) not less frequently than once every 2 years; and
"(ii) after any significant cybersecurity incident affecting the Department of Health and Human Services or a Federal health program.
"(F) Report.--Not later than 60 days before the date on which the Secretary begins implementing the plan under subparagraph (A), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Energy and Commerce, the Committee on Oversight and Reform, and the Committee on Homeland Security of the House of Representatives a report that describes such plan.".
SEC. 1094E. CLARIFYING BREACH REPORTING OBLIGATIONS.
Section 13402(f) of the HITECH Act (42 U.S.C. 17932(f)) is amended by adding at the end the following:
"(6) The number of individuals affected by the breach.".
SEC. 1094F. ENHANCING RECOGNITION OF SECURITY PRACTICES.
(a) Recognized Security Practices.--Section 13412(b)(1) of the HITECH Act (42 U.S.C. 17941(b)(1)) is amended, in the first sentence, by inserting ", investments," after "other programs".
(b) Regulation.--Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations implementing section 13412 of the HITECH Act (42 U.S.C.
Text printed in the Record (11,829 characters)
17941), which shall include--
(1) recognized security practices that the Secretary may consider when determining fines under such section;
(2) the extent to which such recognized security practices should be in place for consideration by the Secretary;
(3) procedural requirements or information that shall be submitted by a covered entity or business associate to the Secretary for consideration; and
(4) how the Secretary will take into account such recognized security practices when determining fines, earlier favorable termination of audits, or mitigating remedies that would otherwise be agreed to in any agreement with respect to resolving potential violations of part 160 and subparts A and C of part 164 of title 45, Code of Federal Regulations (or successor regulations) (commonly known as the "HIPAA Security Rule") between the covered entity or business associate and the Department of Health and Human Services.
(c) Annual Report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall include in the annual report required under section 13424(a) of the HITECH Act (42 U.S.C. 17953(a)) information on implementation of section 13412 of such Act (42 U.S.C. 17941), including an accounting of every case in which the Secretary considered recognized security practices when effectuating audits and assessing fines under such section.
SEC. 1094G REQUIRED CYBERSECURITY STANDARDS.
(a) In General.--The Secretary shall update the security regulations under part 160 and subparts A and C of part 164 of title 45, Code of Federal Regulations (or any successor regulation), to require non-governmental entities in the Healthcare and Public Health Sector and covered entities and business associates to adopt minimum risk-based cybersecurity practices, including--
(1) multifactor authentication, or a successor technology;
(2) encryption of protected health information, or a successor technology;
(3) requirements to conduct monitoring, including penetration testing, to maintain the protections of information systems; and
(4) other minimum cybersecurity standards, as reflected in national cybersecurity frameworks.
(b) Requirements.--The minimum risk-based cybersecurity practices adopted pursuant to subsection (a) shall be based on--
(1) national cybersecurity frameworks, as appropriate, such as--
(A) the National Institute of Standards and Technology Risk Management Framework (or a successor framework);
(B) the National Institute of Standards and Technology Cybersecurity Framework (or a successor framework);
(C) the National Institute of Standards and Technology SP 800-53 r5 Security and Privacy Controls for Information Systems and Organizations (or a successor special publication), with relevant components of the National Institute of Standards and Technology Privacy Framework; or
(D) the National Institute of Standards and Technology Artificial Intelligence Risk Management Framework;
(2) the Health Sector Coordinating Council Cybersecurity Healthcare and Public Health Cybersecurity Performance Goals; and
(3) the health care-specific cybersecurity performance goals of the Cybersecurity and Infrastructure Security Agency.
(c) Effective Dates.--The regulations updated in accordance with subsection (a), including each new requirement established, shall take effect on the date that is 36 months after the date of enactment of this Act.
(d) Enforcement.--The Secretary may exercise enforcement discretion for entities experiencing extraordinary circumstances in complying with the requirements of subsection (a).
SEC. 1094H. GUIDANCE ON RURAL CYBERSECURITY READINESS.
Section 405(d) of the Cybersecurity Act of 2015 (6 U.S.C. 1533(d)) (as amended by section 1094D(2)) is amended by adding at the end the following:
"(5) Rural cybersecurity guidance.--
"(A) Definition of rural.--In this paragraph, the term `rural' has the meaning given such term by the Federal Office of Rural Health Policy.
"(B) Guidance on rural cybersecurity readiness.--Not later than 1 year after the date of enactment of the Health Care Cybersecurity and Resiliency Act of 2026, the Secretary shall issue guidance to rural entities on best practices to improve cybersecurity readiness, including strategies--
"(i) to improve cybersecurity infrastructure, including any technical safeguards to mitigate cybersecurity risk;
"(ii) to integrate best practices issued by the Secretary to improve cybersecurity preparedness;
"(iii) to improve workforce preparation to mitigate any cybersecurity risks, including existing public-private programs to support educational initiatives;
"(iv) to implement policies to facilitate mandatory cybersecurity incident reporting requirements under law; and
"(v) to explore and recommend best practices, including--
"(I) outsourcing information technology and chief information security officer functions to third parties on a part-time basis;
"(II) participating in regional rural health care information technology management sharing programs; and
"(III) migrating data to secure cloud-based platforms.
"(C) Technical assistance.--The Secretary shall provide technical assistance to rural entities to implement the recommendations included in the guidance under subparagraph (B).
"(D) GAO study and report.--
"(i) In general.--Not later than 3 years after the date of enactment of the Health Care Cybersecurity and Resiliency Act of 2026, the Comptroller General of the United States shall conduct a study, and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report, on how rural entities have implemented the recommendations included in the guidance under subparagraph (B).
"(ii) Contents.--The study under clause (i) shall assess--
"(I) how rural entities have implemented any technical safeguards and any challenges faced by such rural entities in areas for which safeguards were not implemented;
"(II) steps to further support cybersecurity resilience for rural entities;
"(III) areas to improve coordination between Federal agencies, including for the purposes of required cyber reporting; and
"(IV) any opportunities to support public-private collaboration in the area of cybersecurity readiness.".
SEC. 1094I. GRANTS TO ENHANCE CYBERSECURITY IN THE HEALTH AND
PUBLIC HEALTH SECTORS.
(a) In General.--The Secretary may award grants to eligible entities for the adoption and implementation of cybersecurity best practices.
(b) Eligible Entity.--To be eligible to receive a grant under subsection (a), an entity shall be--
(1) a Federally qualified health center (as defined in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)));
(2) a health facility operated by or pursuant to a contract with the Indian Health Service;
(3) a nonprofit hospital;
(4) a rural health clinic (as defined in section 1861(aa)(2) of the Social Security Act (42 U.S.C. 1395x(aa)(2))); or
(5) a nonprofit entity that enters into a partnership or coordinates referrals with an entity described in any of paragraphs (1) through (4).
(c) Use of Funds.--In adopting and implementing cybersecurity best practices pursuant to a grant under subsection (a), an eligible entity may use grant funds--
(1) to hire individuals with demonstrated cybersecurity expertise and train personnel in such cybersecurity best practices;
(2) to update electronic data systems, such as by migrating to cloud-based platforms;
(3) to join and participate in health cybersecurity threat information sharing organizations;
(4) to contract with third parties to assist the eligible entity in carrying out the activities described in this subsection;
(5) to conduct cybersecurity risk assessments and vulnerability assessments; and
(6) to develop or improve cybersecurity incident response plans.
(d) Grant Period.--A grant awarded under this section shall be for a period of not more than 3 years.
(e) Priority.--In awarding grants under this section, the Secretary may give consideration to the demonstrated need of eligible entities.
(f) Application.--An eligible entity seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including--
(1) a description of how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate performance outcomes; and
(2) a strategic plan for how, after the end of the grant period, the eligible entity will sustain the activities funded under the grant and continue to adopt cybersecurity best practices.
SEC. 1094J. HEALTHCARE CYBERSECURITY WORKFORCE.
(a) Training for Healthcare Experts.--The Secretary, in coordination with the Cybersecurity State Coordinators of the Agency, the Office of the National Cyber Director, and private sector health care experts, as appropriate, shall provide training to Healthcare and Public Health Sector entities on--
(1) cybersecurity risks to information systems within the Healthcare and Public Health Sector; and
(2) ways to mitigate the risks to information systems in the Healthcare and Public Health Sector.
(b) Strategic Plan.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator of the Health Resources and Services Administration, in coordination with the Agency, shall develop a strategic plan to support growing the cybersecurity workforce for health care entities.
(2) Contents.--The strategic plan under paragraph (1) shall include--
(A) recommendations for existing educational programs that can be used to support cybersecurity training;
(B) dissemination and development of educational materials on how to improve cybersecurity resilience;
(C) development of best practices to train the health care workforce on cybersecurity best practices;
(D) development of recommendations specific to rural facilities;
(E) development of best practices to leverage artificial intelligence to support cybersecurity preparedness;
(F) opportunities for public-private collaboration to strengthen the cybersecurity workforce; and
(G) alignment with the National Initiative for Cybersecurity Education Workforce Framework.
SEC. 1094K. CYBERSECURITY INCIDENT REPORTING COORDINATION
WORKING GROUP.
(a) Working Group.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall convene a working group to examine how to streamline and reduce duplicative reporting for cybersecurity incidents.
(2) Membership.--The working group described in paragraph (1) shall include representatives of--
(A) the Cybersecurity and Infrastructure Security Agency;
(B) the Securities and Exchange Commission;
(C) the Office of the National Cyber Director;
(D) the Federal Bureau of Investigation;
(E) the Federal Trade Commission;
(F) State attorneys general;
(G) State health departments; and
(H) private sector health care entities.
(3) Conclusion.--The working group shall conclude not later than 18 months after the date of the first meeting of the working group.
(b) Report.--Not later than 1 year after the conclusion of the working group under subsection (a)(3), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that--
(1) identifies areas the working group has identified to streamline and reduce duplicative reporting;
(2) includes recommendations to Congress on further streamlining such reporting; and
(3) addresses coordination with State breach notification laws.
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SA 6446. Mr. GRASSLEY (for himself 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:
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At the appropriate place, insert the following:
SEC. ___. IMPROVING LAW ENFORCEMENT OFFICER SAFETY AND
WELLNESS THROUGH DATA ACT.
(a) Short Title.--This section may be cited as the "Improving Law Enforcement Officer Safety and Wellness Through Data Act".
(b) Findings.--Congress finds the following:
(1) There has been a rise in anti-police rhetoric and a corresponding rise in violence against law enforcement officers.
(2) In 2022, a total of 60 police officers were feloniously killed in the line of duty.
(3) Nearly 30 percent of police officer killings in 2022 were caused by unprovoked attacks or ambushes on officers.
(4) Law enforcement officers bravely put themselves at risk for the betterment of society.
(5) A data collection that represents the full circumstances surrounding violent attacks and ambush attacks on law enforcement officers is vital for the provision of needed Federal resources to Federal, State, and local law enforcement officers.
(6) Police suffer assaults and other offenses that do not rise to the level of Law Enforcement Officers Killed and Assaulted or National Incident-Based Reporting System reporting due to the frequency of such incidents, lower risk to officers, and minimal administrative resources to report such frequent events.
(7) The mental health of law enforcement officers has suffered due to overwork, recruitment issues, and the general stress of their work.
(8) The people of the United States will always remember the victims of these hateful attacks against law enforcement officers and stand in solidarity with individuals affected by these senseless tragedies and incidents of hate that have affected law enforcement communities and their families.
(9) The United States must demonstrate to its brave law enforcement officers that they are important, valued, and respected.
(10) Congress has made a commitment to helping communities protect the lives of their police officers, as evidenced by the Bulletproof Vest Partnership Grant Program Reauthorization Act of 2015 (Public Law 114-155; 130 Stat. 389) and other laws.
(11) Subsection (c) of the Uniform Federal Crime Reporting Act of 1988 (34 U.S.C. 41303(c)) requires the Attorney General to "acquire, collect, classify, and preserve national data on Federal criminal offenses as part of the Uniform Crime Reports" and requires all Federal departments and agencies that investigate criminal activity to "report details about crime within their respective jurisdiction to the Attorney General in a uniform matter and on a form prescribed by the Attorney General".
(c) Attacks on Law Enforcement Officers Reporting Requirement.--
(1) In general.--Not later than 270 days after the date of enactment of this Act, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, the Director of the National Institute of Justice, and the Director of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, 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 includes--
(A) the number of offenders that intentionally target law enforcement officers because of their status as law enforcement officers;
(B) the number of incidents reported to the Law Enforcement Officers Killed and Assaulted Data Collection that occur through the coordinated actions of 2 or more parties;
(C) a description of the Federal response to ambushes and violent attacks on Federal law enforcement officers;
(D) a detailed survey of what State and local responses are to ambushes and violent attacks on State and local law enforcement officers;
(E) recommendations for improving State, local, and Federal responses to ambushes and violent attacks on law enforcement officers;
(F) a detailed survey of Federal and State-based training programs that law enforcement officers receive in preparation for violent attacks, including ambush attacks;
(G) an analysis of the effectiveness of the programs described in subparagraph (F) in preparing law enforcement officers for violent attacks, including ambush attacks;
(H) recommendations on how to improve State, local, and Federal training programs for law enforcement officers relating to ambush attacks;
(I) an analysis of, with respect to the Patrick Leahy Bulletproof Vest Partnership under part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10530 et seq.)--
(i) the efficacy of the Partnership in distributing protective gear to law enforcement officers across the United States, including any location-specific limitations to the distribution under such Partnership; and
(ii) the general limitations of the Partnership, including any location-specific limitations to the distributions under the Partnership, considering the fact that law enforcement officers are suffering from ambush attacks;
(J) an analysis of the ability of the Department of Justice to combine the Law Enforcement Officers Killed and Assaulted Data Collection and a 09C Justifiable Homicide report for officer-involved shooting reports and any roadblocks to producing a clear report with such information;
(K) an analysis of the ability of the Criminal Justice Information Services of the Federal Bureau of Investigation to expand data collection to include a suspect offender's level of injury at the time of a reported Law Enforcement Officers Killed and Assaulted Data Collection incident;
(L) an analysis of the existence and extent of, and reasons for, disparities in the availability and reporting of data between--
(i) data relating to ambush attacks against law enforcement officers; and
(ii) other types of violent crime data; and
(M) an analysis of any additional legislative tools or authorities that may be helpful or necessary to assist in deterring ambush attacks against law enforcement officers.
(2) Development.--In developing the report required under paragraph (1), the Attorney General, the Director of the Federal Bureau of Investigation, the Director of the National Institute of Justice, and the Director of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, shall consult relevant stakeholders, including--
(A) Federal, State, Tribal, and local law enforcement agencies; and
(B) nongovernmental organizations, international organizations, academies, or other entities.
(d) Aggression Against Law Enforcement Officers Reporting Requirement.--
(1) In general.--Not later than 270 days after the date of enactment of this Act, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation and the Director of the National Institute 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) an analysis of the ability to implement a new category in the Uniform Crime Reporting System and the National Incident-Based Reporting System on aggressive actions, conduct, or other trauma-inducing incidents against law enforcement officers that, as of the date of enactment of this Act, are not reported in such systems;
(B) the level of detail the category described in subparagraph (A) would include and the standard of evidence that would be used for any reported incidents;
(C) an analysis of how to engage State and local law enforcement agencies in reporting the data described in subparagraph (A), despite the fact that such data is beyond the standard crime-based reporting to the systems described in subparagraph (A);
(D) an analysis of potential uses by the Department of Justice and any component agencies of the Department of Justice of the data described in subparagraph (A);
(E) an analysis of the existence and extent of, and reasons for, disparities in the availability and reporting of data between--
(i) data relating to aggressive actions or other trauma-inducing incidents against law enforcement officers that do not rise to the level of crimes; and
(ii) other types of violent crime data; and
(F) an analysis of additional legislative tools or authorities that may be helpful or necessary to assist in deterring aggressive actions, conduct, or other trauma-inducing incidents against law enforcement officers.
(2) Development.--In developing the report under paragraph (1), the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of the National Institute of Justice shall consult relevant stakeholders, including--
(A) Federal, State, Tribal, and local law enforcement agencies; and
(B) nongovernmental organizations, international organizations, academies, or other entities.
(e) Mental Health and Wellness Reporting Requirement.--
(1) In general.--Not later than 270 days after the date of enactment of this Act, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation and the Director of the National Institute 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) the types, frequency, and severity of mental health and stress-related responses of law enforcement officers to aggressive actions or other trauma-inducing incidents against law enforcement officers;
(B) mental health and stress-related resources or programs that are available to law enforcement officers at the Federal, State, and local levels, especially peer-to-peer programs;
(C) the extent to which law enforcement officers use the resources or programs described in subparagraph (B);
(D) the availability of, or need for, mental health screening within Federal, State, and local law enforcement agencies; and
(E) additional legislative tools or authorities that may be helpful or necessary to assist in assessing, monitoring, and improving the mental health and wellness of Federal, State, and local law enforcement officers.
(2) Development.--In developing the report required under paragraph (1), the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of the National Institute of Justice shall consult relevant stakeholders, including--
(A) Federal, State, Tribal and local law enforcement agencies; and
(B) nongovernmental organizations, international organizations, academies, or other entities.
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SA 6447. Mr. ROUNDS (for himself and Ms. Cortez Masto) 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY
STUDY.
(a) Definitions.--In this section:
(1) Dakota mainstem water supply project.--The term "Dakota Mainstem Water Supply Project" means the proposed project to supply municipal, rural, and industrial water to the Dakota Mainstem Regional Water System service area in the States of South Dakota, Iowa, Nebraska, and Minnesota.
(2) Non-federal project entity.--The term "non-Federal project entity" means the Dakota Mainstem Regional Water System, Inc., a nonprofit corporation established and operated substantially in accordance with the reclamation feasibility standards to serve as a non-Federal project entity for purposes of the cooperative agreement entered into under subsection (b)(1).
(3) Secretary.--The term "Secretary" means the Secretary of the Interior (acting through the Commissioner of Reclamation).
(b) Study.--
(1) In general.--The Secretary, in coordination with the non-Federal project entity, shall carry out a study to determine the feasibility of constructing the Dakota Mainstem Water Supply Project in accordance with the reclamation laws and reclamation feasibility standards.
(2) Feasibility report.--After completion of the feasibility study for the Dakota Mainstem Water Supply Project under paragraph (1), the Secretary shall--
(A) develop a feasibility report that includes a recommendation of the Secretary on--
(i) whether the Dakota Mainstem Water Supply Project is found to be technically and financially feasible in accordance with the reclamation laws;
(ii) whether the Dakota Mainstem Water Supply Project should be authorized for construction; and
(iii) the appropriate non-Federal share of construction costs for the Dakota Mainstem Water Supply Project, which shall be at least 25 percent of the total construction costs;
(B) submit the report under subparagraph (A) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and
(C) make the report under subparagraph (A) publicly available, along with associated feasibility study documents.
(3) Consultation and cooperation.--In addition to the non-Federal project entity, the Secretary shall consult and cooperate with appropriate Federal, State, Tribal, regional, and local authorities during the conduct of the feasibility study and development of the feasibility report under this section.
(c) Cost-sharing Agreement for Feasibility Study Costs.--The Secretary shall enter into a cost-sharing agreement (or an appropriate financial assistance agreement, as determined by the Secretary) with the non-Federal project entity to conduct a study under subsection (b) that complies with the reclamation feasibility standards.
(d) Federal Share of Feasibility Study Costs; Funding.--
(1) Federal share; funding.--The Federal share of the total costs of carrying out the feasibility study under this section--
(A) shall not exceed 50 percent; and
(B) shall be paid for by the Secretary using appropriated funds.
(2) Identification of funds.--Not later than 90 days after the date of enactment of this Act, the Secretary shall identify sources of available funds to pay the Federal share under paragraph (1)(B).
(e) Limitation on Expenditures.--Not more than $10,000,000 of Federal funds may be expended to carry out the feasibility study under this section.
(f) Termination of Authority.--The authority provided by this section expires on the date that is 5 years after the date of enactment of this Act.
SEC. 1095. WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT
FEASIBILITY STUDY.
(a) Definitions.--In this section:
(1) Non-federal project entity.--The term "non-Federal project entity" means the Western Dakota Regional Water System, Inc., a nonprofit corporation.
(2) Western south dakota water supply project.--The term "Western South Dakota Water Supply Project" means the proposed project to supply municipal, rural, and industrial water from the Missouri River to the Western Dakota Regional Water System.
(3) Secretary.--The term "Secretary" means the Secretary of the Interior (acting through the Commissioner of Reclamation).
(b) Study.--
(1) In general.--The Secretary, in coordination with the non-Federal project entity, shall carry out a study to determine the feasibility of the Western South Dakota Water Supply Project in accordance with the reclamation laws and reclamation feasibility standards.
(2) Feasibility report.--After completion of the feasibility study for the Western South Dakota Water Supply Project under paragraph (1), the Secretary shall--
(A) develop a feasibility report that includes a recommendation of the Secretary on--
(i) whether the Western South Dakota Water Supply Project is found to be technically and financially feasible in accordance with the reclamation laws;
(ii) whether the Western South Dakota Water Supply Project should be authorized for construction; and
(iii) the appropriate non-Federal share of construction costs, which shall be at least 25 percent of the total construction costs;
(B) submit the report under subparagraph (A) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and
(C) make the report under subparagraph (A) publicly available, along with associated feasibility study documents.
(3) Consultation and cooperation.--In addition to the non-Federal project entity, the Secretary shall consult and cooperate with appropriate Federal, State, Tribal, regional, and local authorities during the conduct of the feasibility study and development of the feasibility report under this subsection.
(c) Cost-sharing Agreement for Feasibility Study Costs.--The Secretary shall enter into a cost-sharing agreement (or an appropriate financial assistance agreement, as determined by the Secretary) with the non-Federal project entity to conduct a study under subsection (b) that complies with the reclamation feasibility standards.
(d) Federal Share of Feasibility Study Costs; Funding.--
(1) Federal share; funding.--The Federal share of the total costs of carrying out the feasibility study under subsection (b)--
(A) shall not exceed 50 percent; and
(B) shall be paid for by the Secretary using appropriated funds.
(2) Identification of funds.--Not later than 90 days after the date of enactment of this Act, the Secretary shall identify sources of available funds to pay the Federal share under paragraph (1)(B).
(e) Limitation on Expenditures.--Not more than $10,000,000 of Federal funds may be expended to carry out the feasibility study under subsection (b).
(f) Termination of Authority.--The authority provided by this section expires on the date that is 5 years after the date of enactment of this Act.
SEC. 1096. SNOW WATER SUPPLY FORECASTING PROGRAM.
The Snow Water Supply Forecasting Program Authorization Act (43 U.S.C. 1477) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) by striking "develop" and inserting "continue developing"; and
(ii) by striking "culminating in the report required under subsection (d)(3)" and inserting "with an emphasis on development and deployment of more accurate, timely, and cost-effective snow monitoring technologies and water supply forecasting, including technologies that integrate snowpack measuring and modeling"; and
(B) in subparagraph (B)--
(i) by striking "after submitting the report required by subsection (d)(3),"; and
(ii) by inserting "and to improve water supply forecasting" after "watersheds";
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in the paragraph heading, by inserting "and water supply forecasting" after "data";
(ii) in the matter preceding subparagraph (A), by striking "emerging technologies for snowpack measurement, such as" and inserting "technologies for snowpack measurements and methods to forecast water supply, including";
(iii) in subparagraph (B), by striking "and" at the end; and
(iv) by striking subparagraph (C) and inserting the following:
"(C) imaging spectroscopy;
"(D) machine learning;
"(E) snowpack and hydrologic modeling; and
"(F) other technologies that the Secretary determines are likely to provide more accurate or timely snowpack measurement data or analytical methods utilizing snowpack
data that can improve water supply forecasting to inform water management and reservoir operations.";
(B) in paragraph (2), by striking "emerging technologies for snowpack measurement" and inserting "technologies for snowpack measurement and models, including the Department of Agriculture and the National Oceanic and Atmospheric Administration"; and
(C) by striking paragraph (3);
(3) in subsection (e)--
(A) in paragraph (1)--
(i) by striking "After submitting the report required under subsection (d)(3), the" and inserting "The"; and
(ii) by striking "in particular watersheds" and inserting "and water supply forecasts in particular watersheds and to explore new statistical, machine learning, or physical models to generate improved water supply forecasts utilizing snowpack data"; and
(B) by striking paragraph (2) and inserting the following:
"(2) Focus.--The program shall focus on activities that will maintain, establish, expand, or advance snowpack measurement and modeling projected water supply, with an emphasis on--
"(A) enhancing activities to achieve improved snow and water supply forecasting results that are more responsive to changing weather and watershed conditions;
"(B) activities in river basins where activities described in this section relating to snowpack measurement and water supply forecasting can inform water management decisions or models at a multi-water user, multi-basin, or multi-State scale, including interstate water management decisions; and
"(C) building the capacity of program partners to implement and adapt to the new measurement and forecasting capabilities enabled under the program.";
(4) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking "this Act" and inserting "the National Defense Authorization Act for Fiscal Year 2027";
(B) in paragraph (2), by striking "or sub-basin";
(C) by redesignating paragraph (2) as paragraph (4); and
(D) by striking paragraph (1) and inserting the following:
"(1) a list of basins for which snowpack measurement and integrated modeling technologies are being used under the program, including a description of each application, outcome, and data resource used;
"(2) an assessment of which technologies best inform water supply forecasting for multiple water districts, communities, or States;
"(3) an assessment of forecasts generated using new technologies authorized under this Act compared against water supply forecast benchmarks from the Department of Agriculture and the National Oceanic and Atmospheric Administration; and"; and
(5) in subsection (g), by striking "$15,000,000, in the aggregate, for fiscal years 2022 through 2026" and inserting "$3,000,000 for each of fiscal years 2027 through 2031".
SEC. 1097. REAUTHORIZATION OF COMPETITIVE GRANT PROGRAM FOR
LARGE-SCALE WATER RECYCLING AND REUSE PROGRAM.
Section 40905 of the Infrastructure Investment and Jobs Act (43 U.S.C. 3205) is amended--
(1) in subsection (b), by inserting "feasibility studies and" before "the planning";
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by inserting "for a feasibility study for the eligible project or" before "to an eligible project"; and
(B) in paragraph (4), by striking "30" and inserting "60"; and
(3) in subsection (k)--
(A) by striking "5 years" and inserting "10 years"; and
(B) by inserting ", except for any project under construction as of that termination date" before the period at the end.
SEC. 1098.
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GLEN CANYON DAM FEASIBILITY STUDY.
(a) In General.--The Secretary of the Interior (acting through the Commissioner of Reclamation) (referred to in this section as the "Secretary"), in consultation with the Secretary of Energy, the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Colorado River Basin States, and Colorado River Storage Project power contractors, shall carry out a feasibility study (including all hydrological modeling) to analyze alternatives (including infrastructure upgrades) to address downstream invasive species at Glen Canyon Dam.
(b) Included Alternatives.--The alternatives analyzed under subsection (a) may include a thermal curtain or a selective water withdrawal system at Glen Canyon Dam to optimize hydropower generation when releasing cold water from Glen Canyon Dam, while also preventing entrainment of invasive species, pursuant to the 2016 Long-Term Experimental and Management Plan Supplemental Environmental Impact Statement and Record of Decision and section 1802 of the Grand Canyon Protection Act of 1992 (Public Law 102-575; 106 Stat. 4669).
(c) Feasibility Determination.--If the Secretary determines that an alternative studied under subsection (a) is feasible under the reclamation laws, the Secretary may initiate design, construction, and associated activities of, as applicable, the recommended alternative, including any necessary policy actions allowable under the reclamation laws.
(d) Feasibility Report.--After completion of the feasibility study required under subsection (a), the Secretary shall develop a summarized feasibility study report that includes, at a minimum--
(1) an analysis of the alternatives analyzed and identification of the recommended alternative;
(2) an allocation of the construction, operation, maintenance, and replacement costs of the recommended alternative to the authorized purposes of the Colorado River Storage Project;
(3) the major structural features and nonstructural features of the recommended alternative, any special considerations for implementation of the recommended alternative, and the estimated cost of implementation of the recommended alternative;
(4) an analysis of the effects of the recommended alternative on hydropower production and rates, which shall be developed in consultation with the Western Area Power Administration;
(5) a recommendation of the Secretary on whether--
(A) the recommended alternative is found to be technically and financially feasible in accordance with the reclamation laws; and
(B) the recommended alternative should be authorized for construction; and
(6) any other recommendations determined to be necessary by the Secretary.
(e) Feasibility Study and Feasibility Report Deadlines.--The Secretary shall--
(1) not later than 18 months after the date of enactment of this Act, complete the feasibility study required under subsection (a); and
(2) not later than 90 days after the date on which the Secretary completes the feasibility report required under subsection (d), submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the feasibility report required under that subsection.
(f) Funding.--
(1) In general.--The costs of the feasibility study required under subsection (a) shall be paid for by the Secretary using appropriated funds.
(2) Treatment of funds.--Any Federal funds made available to carry out this section shall be nonreimbursable and nonreturnable to the United States.
(3) Identification of funds.--Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy and Colorado River Storage Project power contractors, shall identify sources of available funds to carry out this section.
(g) Effect.--Nothing in this section affects the criteria for the coordinated long-range operations of Colorado River reservoirs pursuant to section 602 of the Colorado River Basin Project Act (Public Law 90-537; 82 Stat. 900).
(h) Termination of Authority.--The authority provided by this section expires on the date that is 5 years after the date of enactment of this Act.
SEC. 1099. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
(a) Definitions.--Section 6001 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015) is amended--
(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (3) the following:
"(4) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)."; and
(3) in paragraph (7) (as so redesignated), in subparagraph (B)(v)--
(A) in subclause (I), by striking "or" at the end;
(B) in subclause (II), by inserting "or" after the semicolon; and
(C) by adding at the end the following:
"(III) has ancestral lands within the watershed;".
(b) Program.--Section 6002 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015a) is amended--
(1) in subsection (c)--
(A) in paragraph (1)(B)--
(i) in clause (i), by striking "interests; or" and inserting "interests, including Indian tribes;";
(ii) by redesignating clause (ii) as clause (iii); and
(iii) by inserting after clause (i) the following:
"(ii) demonstrate significant need due to drought, wildfire, or other natural disaster; or";
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking "$100,000" and all that follows through the period at the end and inserting "$150,000 each year for a period of not less than 3 years, subject to the sufficiency of applications submitted and the availability of appropriations.";
(ii) by striking clause (iii);
(iii) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and
(iv) by adding at the end the following:
"(v) Continuation and extension.--
"(I) In general.--The Secretary may, at the discretion of the Secretary, issue a continuation of the first-phase grant for not more than 2 additional years if the recipient of the first-phase grant has demonstrated
satisfactory performance with implementation of the proposal under the initial grant, as determined by the Secretary.
"(II) Amounts.--A grant continued pursuant to subclause (I) shall be in an amount not greater than $150,000 each year, as determined to be appropriate by the Secretary.";
(C) in paragraph (3)(B)(ii), by striking "quantity." and inserting the following: "quantity, including--
"(I) grant writing;
"(II) project management; and
"(III) technical assistance, such as feasibility, design, preliminary environmental review, and engineering."; and
(D) by adding at the end the following:
"(4) Continuous enrollment.--The Secretary shall--
"(A) make funding opportunities for the program available on a regular basis; and
"(B) allow applications for grants under the program to be submitted and evaluated multiple times during a calendar year.";
(2) in subsection (f), in the matter preceding paragraph (1), by inserting ", and make available to the public," after "House of Representatives"; and
(3) by striking subsection (g) and inserting the following:
"(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2027 through 2031.".
SEC. 1099A. ANNUAL LICENSING STATUS REPORT.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following:
"SEC. 37. ANNUAL LICENSING STATUS REPORT.
"(a) In General.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Commission shall submit to Congress a report on the status of--
"(1) the licensing process for each new license, and for each subsequent license for which sections 14 and 15 have been waived, for which the existing licensee has notified the Commission under section 15(b)(1) at least 3 years prior to submission of the report that the existing licensee intends to file an application for the new license or subsequent license, but the new license or subsequent license has not yet been issued under section 15; and
"(2) the licensing process for each original license under section 4(e) for which a citizen, association, corporation, State, Indian Tribe, or municipality has notified the Commission, pursuant to applicable regulations, at least 3 years prior to submission of the report that the citizen, association, corporation, State, Indian Tribe, or municipality intends to file an application for the original license, but the original license has not yet been issued under section 4(e).
"(b) Inclusions.--Each report submitted under subsection (a) shall include, with respect to the licensing process for each new license and subsequent license described in that subsection and the licensing process for each original license described in that subsection--
"(1) the date the notice of intent described in that subsection was provided to the Commission;
"(2) any docket number assigned with respect to the licensing process;
"(3) whether any application for the new license, subsequent license, or original license, as applicable, has been filed;
"(4) information regarding the status of the application, including the date the Commission anticipates the Commission will issue the original license, subsequent license, or new license, as applicable;
"(5) the date of any upcoming proceeding or other meeting relating to the original license, subsequent license, or new license, as applicable; and
"(6) a description of any ongoing or completed actions required of the existing licensee, citizen, association, corporation, State, Indian Tribe, municipality, Commission, any fish and wildlife agency referred to in section 15(b)(3), and any other applicable agency.
"(c) Disaggregation of Information by License Type.--The information included in each report submitted under subsection (a) shall be disaggregated by whether the information relates to a new license, or a subsequent license, issued under section 15 or an original license issued under section 4(e).".
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SA 6448. Mr. TILLIS (for himself and Mr. Cassidy) 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:
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At the appropriate place in title X, insert the following:
SEC. __. SHORT TITLE.
This subtitle may be cited as the "Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act" or the "DETERRENT Act".
SEC. __. DISCLOSURES OF FOREIGN GIFTS.
(a) In General.--Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended to read as follows:
"SEC. 117. DISCLOSURES OF FOREIGN GIFTS.
"(a) Disclosure Reports.--
"(1) Aggregate gifts and contract disclosures.--An institution shall file with the Secretary, in accordance with subsection (b)(1), a disclosure report on July 31 of the calendar year immediately following any calendar year in which--
"(A) the institution receives a gift from, or enters into a contract with, a foreign source (other than a foreign country of concern or foreign entity of concern)--
"(i) the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or
"(ii) the value of which is indeterminate; or
"(B) the institution--
"(i) receives a gift from a foreign country of concern or foreign entity of concern, without regard to the value of such gift; or
"(ii) upon receiving a waiver under section 117A to enter into a contract with such a country or entity, enters into such contract, without regard to the value of such contract.
"(2) Foreign source ownership or control disclosures.--Notwithstanding paragraph (1), in the case of an institution that is substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a foreign source, the institution shall file with the Secretary, in accordance with subsection (b)(2), a disclosure report on July 31 of each year.
"(3) Treatment of affiliated entities.--For purposes of this section, any gift to, or contract with, an affiliated entity of an institution shall be considered a gift to, or contract with, respectively, such institution.
"(b) Contents of Report.--
"(1) Gifts and contracts.--Each report to the Secretary required under subsection (a)(1) shall include the following:
"(A) With respect to a gift received from, or a contract entered into with, any foreign source--
"(i) the name of the individual, department, or other entity at the institution, or the institution's affiliated entity, receiving the gift or carrying out the contract on behalf of the institution;
"(ii) any intended purpose of the gift or contract communicated to the institution by the foreign source, and, as of the date of filing such report, the manner in which the institution intends to use such gift or contract;
"(iii) in the case of a restricted or conditional gift or contract, a description of each restriction or condition that meets the definition of the term `restricted or conditional gift or contract' in subsection (f);
"(iv) with respect to such a gift--
"(I) the total fair market dollar amount or dollar value of the gift, as of the date of submission of such report; and
"(II) the date on which the institution received such gift;
"(v) with respect to such a contract--
"(I) the total fair market dollar amount or dollar value of the contract, as of the date of submission of such report;
"(II) the date on which the institution enters into such contract;
"(III) the date on which such contract first takes effect;
"(IV) if the contract has a termination date, such termination date; and
"(V) an assurance that the institution will--
"(aa) maintain an unredacted copy of the contract until the latest of--
"(AA) the date that is 5 years after the date on which such contract first takes effect;
"(BB) the date on which the contract terminates; or
"(CC) the last day of any period that applicable State law requires a copy of such contract to be maintained; and
"(bb) upon request of the Secretary during an investigation under section 117C(a)(1), produce such an unredacted copy of the contract.
"(B) With respect to a gift received from, or a contract entered into with, a foreign source that is a foreign government (other than the government of a foreign country of concern)--
"(i) the name of such foreign government;
"(ii) the department, agency, office, or division of such foreign government that approved such gift or contract, as applicable; and
"(iii) the physical mailing address of such department, agency, office, or division.
"(C) With respect to a gift received from, or contract entered into with, a foreign source other than a foreign government subject to the requirements of subparagraph (B)--
"(i)(I) the legal name of the foreign source; or
"(II) in the case of a gift received from a foreign source that awarded such gift to the institution as an agent described in subsection (f)(4)(G) on behalf of another foreign source--
"(aa) the legal name of the foreign source that awarded such gift; and
"(bb) the legal name of the foreign source on whose behalf the gift was awarded, or a statement certified by a compliance officer in accordance with section 117C(c) that the institution has reasonably attempted to obtain such name;
"(ii) in the case of a foreign source that is a natural person, each country of citizenship of such person, or, if no such country is known, the principal country of residence of such person;
"(iii) in the case of a foreign source that is a legal entity, the country in which such entity is incorporated, or, if such information is not available, the principal place of business of such entity;
"(iv) the physical mailing address of such foreign source, or, if such address is not available, a statement certified by a compliance officer in accordance with section 117C(c) that the institution has reasonably attempted to obtain such address; and
"(v) any affiliation of the foreign source to an organization that is designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C.
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1189).
"(D) With respect to a contract entered into with a foreign source that is a foreign country of concern or a foreign entity of concern--
"(i) a complete and unredacted copy of the original contract, and if such original contract is not in English, a translated copy in accordance with subsection (c);
"(ii) a copy of the waiver received under section 117A for such contract; and
"(iii) the statement submitted by the institution for purposes of receiving such a waiver under section 117A(b)(2).
"(E) With respect to a gift received from a foreign source that is a foreign country of concern or a foreign entity of concern, an assurance that the institution will--
"(i) in a case in which the institution received documentation relating to such gift, maintain such documentation until the latest of--
"(I) the date that is 5 years after the date such gift was received by the institution; or
"(II) the last day of any period that applicable State law requires a copy of such documentation to be maintained; and
"(ii) upon request of the Secretary during an investigation under section 117C(a)(1), produce such documentation;
"(2) Foreign source ownership or control.--Each report to the Secretary required under subsection (a)(2) shall contain--
"(A) the information required under paragraph (1) of this subsection;
"(B) the legal name and the mailing address of the foreign source that substantially controls the institution as described in such subsection;
"(C) the date on which the foreign source assumed such substantial control; and
"(D) any changes in program or structure of the institution of higher education resulting from such substantial control.
"(c) Translation Requirements.--Any information required to be disclosed under this section, or requested by the Secretary pursuant to an investigation under section 117C(a)(1), with respect to a gift or contract that is not in English shall be translated into English, for purposes of such disclosure or such investigation, by a person that is not--
"(1) a foreign source that awarded such gift or entered into such contract; or
"(2) any other foreign source from an attributable country of a foreign source referred to in paragraph (1).
"(d) Public Inspection.--
"(1) Database requirement.--Beginning not later than May 31 of the calendar year following the date of enactment of the DETERRENT Act, the Secretary shall--
"(A) establish and maintain a searchable database on a website of the Department, under which all reports submitted under this section (including any report submitted under this section before the date of enactment of the DETERRENT Act)--
"(i) are made publicly available (in electronic and downloadable format), including any information provided in such reports (other than the information prohibited from being publicly disclosed pursuant to paragraph (2));
"(ii) can be individually identified and compared; and
"(iii) are searchable and sortable--
"(I) by the institution that filed such report;
"(II) by the date on which the institution filed such report, including the date of any amendment to the report;
"(III) by the date on which the institution received the gift which is the subject of the report;
"(IV) by the date on which the institution enters into the contract which is the subject of the report;
"(V) by the date on which such contract first takes effect;
"(VI) by the attributable country of such gift or contract;
"(VII) by the full and accurate name of the foreign source;
"(VIII) by the information described in subparagraph (C)(i); and
"(IX) by the information described in subparagraph (C)(ii);
"(B) not later than 30 days after receipt of a disclosure report under this section, include such report in such database;
"(C) indicate, as part of the public record of a report included in such database, whether the report is with respect to a gift received from, or a contract entered into with--
"(i) a foreign source that is a foreign government; or
"(ii) a foreign source that is not a foreign government; and
"(D) with respect to a disclosure report that does not include the name or address of a foreign source, indicate, as part of the public record of such report included in such database, that such report did not include such information.
"(2) Application of federal privacy law; protections for natural persons.--
"(A) Application of federal privacy law.--Except as provided in subparagraph (B), a disclosure report filed pursuant to this section is not subject to Federal privacy law (including any exemption from disclosure described in section 552(b) of title 5, United States Code)).
"(B) Protections for natural persons.--
"(i) In general.--Except as provided in clause (ii), with respect to a disclosure report filed under this section, the name or address (other than the attributable country) of a foreign source who is a natural person--
"(I) may not be publicly disclosed; and
"(II) is exempt from disclosure under subsection (b)(3) of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act).
"(ii) Exceptions for contracts with a foreign country of concern or foreign entity of concern.--Clause (i) shall not apply to a disclosure report filed pursuant to this section that contains information with respect to a contract described in subsection (a)(1)(B)(ii) entered into with a foreign country of concern or foreign entity of concern.
"(e) Interagency Information Sharing.--Notwithstanding any other provision of law, not later than 30 days after receiving a disclosure report from an institution in compliance with this section, the Secretary shall provide access to an unredacted copy of such report (including the name and address of a foreign source disclosed in such report), through a portal maintained by the Department, to the Director of the Federal Bureau of Investigation, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Energy, the Director of the National Science Foundation, and the Director of the National Institutes of Health.
"(f) Definitions.--In this section:
"(1) Affiliated entity.--The term `affiliated entity', when used with respect to an institution, means an entity or organization that operates primarily for the benefit of, or under the auspices of, such institution, such as a foundation of the institution, or an educational, cultural, or language entity.
"(2) Attributable country.--The term `attributable country' means--
"(A) the country of citizenship of a foreign source who is a natural person, or, if such country is unknown, the principal residence of such foreign source; or
"(B) the country of incorporation of a foreign source that is a legal entity, or, if such country is unknown, the principal place of business (as applicable) of such foreign source.
"(3) Contract.--The term `contract'--
"(A) means--
"(i) any agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services by the foreign source;
"(ii) except as provided in subparagraph (B)(ii), any agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services from a foreign source; and
"(iii) any affiliation, agreement, or similar transaction with a foreign source that involves the use or exchange of an institution's name, likeness, time, services, or resources; and
"(B) does not include--
"(i) an agreement made between an institution and a foreign source regarding any payment of one or more elements of a student's cost of attendance (as such term is defined in section 472), unless such an agreement is made for more than 15 students or is made under a restricted or conditional contract;
"(ii) an arms-length agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services from a foreign source that is not a foreign country of concern or a foreign entity of concern that is identified on the list published under section 1286(c)(9)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232) or is a Chinese military company that is identified on the list required by 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); or
"(iii) any assignment or license of a granted intellectual property right (including a patent, trademark, or copyright) that is not associated with a category listed in the Commerce Control List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations (or successor regulations).
"(4) Foreign source.--The term `foreign source' means--
"(A) a foreign government, including an agency of a foreign government;
"(B) a legal entity, governmental or otherwise, created under the laws of a foreign state or states;
"(C) a legal entity, governmental or otherwise, substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a foreign source;
"(D) a natural person who is not a citizen or a national of the United States or a trust territory or protectorate thereof;
"(E) an international organization (as such term is defined in the International Organizations Immunities Act (22 U.S.C. 288));
"(F) a person who is an agent of a foreign principal (as such term is defined in section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611)); and
"(G) an agent of any of the entities described in subparagraphs (A) through (F), including--
"(i) a subsidiary or affiliate of a foreign legal entity, acting on behalf of such an entity; and
"(ii) a person that operates primarily for the benefit of, or under the auspices of, such an entity, such as a foundation of such entity, or an educational, cultural, or language entity.
"(5) Gift.--The term `gift'--
"(A) means any gift of money, property (including intellectual property), resources, staff, or services; and
"(B) does not include--
"(i) any payment of one or more elements of a student's cost of attendance (as such term is defined in section 472) to an institution by, or scholarship from, a foreign source who is a natural person, acting in their individual capacity and not as an agent for, at the request or direction of, or on behalf of, any person or entity (except the student), made for not more than 15 students, and that is not made under a restricted or conditional contract with such foreign source;
"(ii) any assignment or license of a granted intellectual property right (including a patent, trademark, or copyright) that is not associated with a category listed in the Commerce Control List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No.
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1 to part 774 of title 15, Code of Federal Regulations (or successor regulations); or
"(iii) decorations (as such term is defined in section 7342(a) of title 5, United States Code).
"(6) Restricted or conditional gift or contract.--The term `restricted or conditional gift or contract' means any endowment, gift, grant, contract, award, present, or property (including intellectual property) of any kind which includes provisions regarding--
"(A) the employment, assignment, or termination of faculty;
"(B) the establishment of, or the provision of funding for, departments, centers, institutes, instructional programs, research or lecture programs, or new faculty positions;
"(C) the selection, admission, or education of students; or
"(D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion.".
(b) Prohibition on Contracts With Certain Foreign Entities and Countries.--Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by inserting after section 117 the following:
"SEC. 117A. PROHIBITION ON CONTRACTS WITH CERTAIN FOREIGN
ENTITIES AND COUNTRIES.
"(a) In General.--An institution shall not enter into a contract with a foreign country of concern or a foreign entity of concern.
"(b) Waivers.--
"(1) In general.--A waiver issued under this section to an institution with respect to a contract shall only--
"(A) waive the prohibition under subsection (a) for a 1-year period; and
"(B) apply to the terms and conditions of the proposed contract submitted as part of the request for such waiver.
"(2) Submission.--
"(A) First waiver requests.--
"(i) In general.--An institution that desires to enter into a contract with a foreign entity of concern or a foreign country of concern may submit to the Secretary, not later than 120 days before the institution enters into such a contract, a request to waive the prohibition under subsection (a) with respect to such contract.
"(ii) Contents of waiver request.--A waiver request submitted by an institution under clause (i) shall include--
"(I) the complete and unredacted text of the proposed contract for which the waiver is being requested, and if such original contract is not in English, a translated copy of the text into English (in a manner that complies with section 117(c)); and
"(II) a statement that--
"(aa) is certified by a compliance officer of the institution designated in accordance with section 117C(c); and
"(bb) includes information that demonstrates that such contract--
"(AA) is for the benefit of the institution's mission and students; and
"(BB) will promote the security, stability, and economic vitality of the United States.
"(B) Renewal waiver requests.--
"(i) In general.--An institution that, pursuant to a waiver issued under this section, has entered into a contract, the term of which is longer than the 1-year waiver period and the terms and conditions of which remain the same as the proposed contract submitted as part of the request for such waiver may submit, not later than 120 days before the expiration of such waiver period, a request for a renewal of such waiver for an additional 1-year period (which shall include any information requested by the Secretary).
"(ii) Termination.--If the institution fails to submit a request under clause (i) or is not granted a renewal under such clause, such institution shall terminate such contract on the last day of the original 1-year waiver period.
"(3) Waiver issuance.--The Secretary--
"(A) not later than 60 days before an institution enters into a contract pursuant to a waiver request under paragraph (2)(A), or before a contract described in paragraph (2)(B)(i) is renewed pursuant to a renewal request under such paragraph, shall notify the institution--
"(i) if the waiver or renewal will be issued by the Secretary; and
"(ii) in a case in which the waiver or renewal will be issued, the date on which the 1-year waiver period starts; and
"(B) may only issue a waiver under this section to an institution if the Secretary determines, in consultation with each individual listed in section 117(e), that the contract for which the waiver is being requested--
"(i) is for the benefit of the institution's mission and students; and
"(ii) will promote the security, stability, and economic vitality of the United States.
"(4) Disclosure.--Not less than 2 weeks prior to issuing a waiver under paragraph (2), the Secretary shall notify the authorizing committees of the intent to issue the waiver, including a justification for the waiver.
"(c) Designation During Contract Term.--In the case of an institution that enters into a contract with a foreign source that is not a foreign country of concern or a foreign entity of concern but which, during the term of such contract, is designated as a foreign country of concern or foreign entity of concern, such institution shall terminate such contract not later than 60 days after the Secretary notifies the institution of such designation or request a waiver.
"(d) Contracts Prior to Date of Enactment.--
"(1) In general.--In the case of an institution that has entered into a contract with a foreign country of concern or foreign entity of concern prior to the date of enactment of the DETERRENT Act--
"(A) the institution shall as soon as practicable, but not later than 30 days after such date of enactment, submit to the Secretary a waiver request in accordance with clause (ii) of subsection (b)(2)(A); and
"(B) the Secretary shall, upon receipt of the request submitted under such clause, issue a waiver to the institution for a period beginning on the date on which the waiver is issued and ending on the sooner of--
"(i) the date that is 1 year after the date of enactment of the DETERRENT Act; or
"(ii) the date on which the contract terminates.
"(2) Renewal.--An institution that has entered into a contract described in paragraph (1), the term of which is longer than the waiver period described in subparagraph (B) of such paragraph and the terms and conditions of which remain the same as the contract submitted as part of the request required under subparagraph (A) of such paragraph, may submit a request for renewal of the waiver issued under such paragraph in accordance with subsection (b)(2)(B).
"(e) Contract Defined.--The term `contract' has the meaning given such term in section 117(f).".
(c) Interagency Information Sharing.--Notwithstanding any other provision of law, not later than 90 days after the date of enactment of this Act, the Secretary of Education shall provide access, through a portal maintained by the Department of Education, to each individual listed in section 117(e) of the Higher Education Act of 1965, as amended by this Act--
(1) an unredacted copy of each report (including the name and address of a foreign source disclosed in such report) received by the Department of Education under section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) prior to the date of enactment of this Act); and
(2) any report, document, or other record generated by the Department of Education in the course of an investigation--
(A) of an institution with respect to the compliance of such institution with such section; and
(B) initiated prior to the date of enactment of this Act.
SEC. __. POLICY REGARDING CONFLICTS OF INTEREST FROM FOREIGN
GIFTS AND CONTRACTS.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as amended by the preceding section, is further amended by inserting after section 117A the following:
"SEC. 117B. INSTITUTIONAL POLICY REGARDING FOREIGN GIFTS AND
CONTRACTS TO FACULTY AND STAFF.
"(a) Requirement to Maintain Policy and Database.--Beginning not later than 90 days after the date of enactment of the DETERRENT Act, each institution described in subsection (b) shall maintain--
"(1) a policy requiring covered individuals at the institution and covered individuals at affiliated entities of the institution to disclose in a report to such institution by July 31 of each calendar year that begins after the year in which such enactment date occurs--
"(A) any gift received from a foreign source in the previous calendar year, the value of which is greater than the minimal value (as such term is defined in section 7342(a) of title 5, United States Code) or is of indeterminate value, and including the date on which the gift was received, except if--
"(i) the gift--
"(I) is given by a foreign source who is a natural person acting in an individual capacity and not on behalf of, or at the request or direction of, any other person or entity;
"(II) is given under circumstances that make clear the gift is motivated by a family relationship or personal friendship rather than by the covered individual's position at, or the foreign source's interest in, the institution;
"(III) is not given by, or on behalf of, a foreign country of concern, a foreign entity of concern, or an agent of a foreign principal (as defined in section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C.
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611)); and
"(IV) does not exceed a value of $5,000 alone or in combination with all other gifts from such foreign source during that calendar year; and
"(ii) the covered individual provides the institution a written attestation that the gift satisfies subclauses (I) through (IV) of clause (i) and the institution retains and makes available the written attestation for investigations under section 117C(a)(1);
"(B) any contract with a foreign source (other than a foreign country of concern or foreign entity of concern) entered into or in effect during the previous calendar year, the value of which is $5,000 or more, considered alone or in combination with all other contracts with that foreign source within the calendar year, and including the date on which such contract is entered into, the date on which the contract first takes effect, and, as applicable, the date on which such contract terminates;
"(C) any contract with a foreign source (other than a foreign country of concern or foreign entity of concern) entered into or in effect during the previous calendar year that has an indeterminate monetary value, and including the date on which such contract is entered into, the date on which the contract first takes effect, and, as applicable, the date on which such contract terminates; and
"(D) any contract entered into or in effect with a foreign country of concern or foreign entity of concern during the previous calendar year, the value of which is $0 or more or which has an indeterminate monetary value, and including--
"(i) the date on which such contract is entered into;
"(ii) the date on which the contract first takes effect;
"(iii) if the contract has a termination date, such termination date; and
"(iv) the full text of such contract and any addenda;
"(2) a link on the website of the institution to the database established under section 117(d)(1);
"(3) an effective plan to identify and manage potential information gathering by foreign sources through espionage targeting covered individuals that may arise from gifts received from, or contracts entered into with, a foreign source, including through the use of--
"(A) periodic communications;
"(B) accurate reporting under paragraph (2) of the information required to be disclosed under paragraph (1); and
"(C) enforcement of the policy described in paragraph (1); and
"(4) for purposes of investigations under section 117C(a)(1), a record of the name of each individual who makes a disclosure under paragraph (1) and each report disclosed under such paragraph.
"(b) Institutions.--An institution shall be subject to the requirements of this section if such institution--
"(1) received more than $50,000,000 in Federal funds in any of the previous five calendar years to support (in whole or in part) research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics); or
"(2) receives funds under title VI.
"(c) Application of Federal Privacy Law; Protections for Natural Persons.--
"(1) Application of federal privacy law.--Except as provided in paragraph (2), a disclosure made pursuant to this section is not subject to Federal privacy law.
"(2) Protections for natural persons.--
"(A) In general.--Except as provided in subparagraph (B), with respect to a disclosure made pursuant to this section, the following may not be publicly disclosed:
"(i) The name or address (other than the attributable country) of a foreign source that is a natural person.
"(ii) The name or any other personally identifiable information of a covered individual making such disclosure.
"(B) Exceptions for contracts with a foreign country of concern or foreign entity of concern.--Subparagraph (A) shall not apply to a disclosure made pursuant to this section that contains information with respect to a contract entered into with a foreign country of concern or foreign entity of concern.
"(d) Definitions.--In this section--
"(1) the terms `affiliated entity', `attributable country', `foreign source', and `gift' have the meanings given such terms in section 117(f);
"(2) the term `contract'--
"(A) means--
"(i) any agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services by the foreign source;
"(ii) except as provided in subparagraph (B), any agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services from a foreign source; and
"(iii) any affiliation, agreement, or similar transaction with a foreign source that involves the use or exchange of a covered individual's name, likeness, time, services, or resources; and
"(B) does not include--
"(i) an arms-length agreement for the acquisition by purchase, lease, or barter of property (including intellectual property) or services from a foreign source that is not a foreign country of concern or a foreign entity of concern; and
"(ii) any assignment or license of a granted intellectual property right (including a patent, trademark, or copyright) that is not associated with a category listed in the Commerce Control List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations (or successor regulations); and
"(3) the term `covered individual'--
"(A) has the meaning given such term in section 223(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (42 U.S.C. 6605); and
"(B) shall be interpreted in accordance with the Guidance for Implementing National Security Presidential Memorandum 33 (NSPM-33) on National Security Strategy for United States Government-Supported Research and Development published by the Subcommittee on Research Security and the Joint Committee on the Research Environment in January 2022 (or any successor guidance).".
SEC. __. ENFORCEMENT AND OTHER GENERAL PROVISIONS.
(a) Enforcement and Other General Provisions.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as amended by this Act, is further amended by inserting after section 117B the following:
"SEC. 117C.
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ENFORCEMENT; SINGLE POINT-OF-CONTACT;
INSTITUTIONAL REQUIREMENTS.
"(a) Enforcement.--
"(1) Investigation.--The Secretary (acting through the General Counsel of the Department) shall conduct investigations of possible violations of sections 117, 117A, 117B, and subsection (c) of this section by institutions and, whenever it appears that an institution has knowingly or willfully failed to comply with a requirement of any of such provisions (including any rule or regulation promulgated under any such provision), shall request that the Attorney General bring a civil action in accordance with paragraph (2).
"(2) Civil action.--Whenever it appears that an institution has knowingly or willfully failed to comply with a requirement of any of the provisions listed in paragraph (1) (including any rule or regulation promulgated under any such provision) based on an investigation under such paragraph, a civil action shall be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirement of the provision that has been violated.
"(3) Costs and other fines.--An institution that is compelled to comply with a requirement of a provision listed in paragraph (1) pursuant to paragraph (2) shall--
"(A) pay to the Treasury of the United States the full costs to the United States of obtaining compliance with the requirement of such provision, including all associated costs of investigation and enforcement; and
"(B) if applicable, be subject to the applicable fines described in paragraph (4).
"(4) Fines for violations.--The Secretary shall impose a fine on an institution that is compelled to comply with a requirement of a section listed in paragraph (1) pursuant to paragraph (2) as follows:
"(A) Section 117.--
"(i) First-time violations.--In the case of an institution that is compelled to comply with a requirement of section 117 pursuant to a civil action described in paragraph (2), and that has not previously been compelled to comply with any such requirement pursuant to such a civil action, the Secretary shall impose a fine on the institution for such violation as follows:
"(I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117, such fine shall be in an amount that is--
"(aa) for each gift or contract with determinable value that is the subject of such a failure to comply, the greater of--
"(AA) $71,545, adjusted for academic year 2027-2028 and annually thereafter in accordance with inflation as determined by the Department of Labor's Consumer Price Index for the previous calendar year; or
"(BB) the monetary value of such gift or contract; or
"(bb) for each gift or contract of no value or of indeterminable value, not less than 1 percent and not more than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year.
"(II) In the case of an institution that knowingly or willfully fails to comply with the reporting requirement under subsection (a)(2) of section 117, such fine shall be in an amount that is not less than 10 percent of the total amount of Federal funds received
by the institution under this Act for the most recent fiscal year.
"(ii) Subsequent violations.--In the case of an institution that has previously been compelled to comply with a requirement of section 117 pursuant to a civil action described in paragraph (2), and is subsequently compelled to comply with such a requirement pursuant to a subsequent civil action described in paragraph (2), the Secretary shall impose a fine on the institution as follows:
"(I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117, such fine shall be in an amount that is--
"(aa) for each gift or contract with determinable value that is the subject of such a failure to comply, the greater of--
"(AA) $100,000; or
"(BB) twice the monetary value of such gift or contract; or
"(bb) for each gift or contract of no value or of indeterminable value, not less than 5 percent and not more than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year.
"(II) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(2) of section 117, such fine shall be in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year.
"(B) Section 117a.--
"(i) First-time violations.--In the case of an institution that is compelled to comply with a requirement of section 117A pursuant to a civil action described in paragraph (2), and that has not previously been compelled to comply with any such requirement pursuant to such a civil action, the Secretary shall impose a fine on the institution in an amount that is not less than 5 percent and not more than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year.
"(ii) Subsequent violations.--In the case of an institution that has previously been compelled to comply with a requirement of section 117A pursuant to a civil action described in paragraph (2), and is subsequently compelled to comply with such a requirement pursuant to a subsequent civil action described in paragraph (2), the Secretary shall impose a fine on the institution in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year.
"(C) Section 117b.--
"(i) First-time violations.--In the case of an institution that is compelled to comply with a requirement of section 117B pursuant to a civil action described in paragraph (2), and that has not previously been compelled to comply with any such requirement pursuant to such a civil action, the Secretary shall impose a fine on the institution for such violation in an amount that is the greater of--
"(I) $250,000; or
"(II) the total amount of gifts or contracts that the institution is compelled to report pursuant to such civil action.
"(ii) Subsequent violations.--In the case of an institution that has previously been compelled to comply with a requirement of section 117B pursuant to a civil action described in paragraph (2), and is subsequently compelled to comply with such a requirement pursuant to a subsequent civil action described in paragraph (2), the Secretary shall impose a fine on the institution in an amount that is the greater of--
"(I) $500,000; or
"(II) twice the total amount of gifts or contracts that the institution is compelled to report pursuant to such civil action.
"(D) Ineligibility for waiver.--In the case of an institution that is fined pursuant to subparagraph (A)(ii), (B)(ii), or (C)(ii), the Secretary shall prohibit the institution from obtaining a waiver, or a renewal of a waiver, under section 117A.
"(b) Single Point-of-contact at the Department.--The Secretary shall maintain a single point-of-contact at the Department to--
"(1) receive and respond to inquiries and requests for technical assistance from institutions regarding compliance with the requirements of sections 117, 117A, 117B, and subsection (c) of this section;
"(2) coordinate and implement technical improvements to the database described in section 117(d)(1), including--
"(A) improving upload functionality by allowing for batch reporting, including by allowing institutions to upload one file with all required information into the database;
"(B) publishing and maintaining a database users guide, which shall be reviewed and updated as practicable but not less than annually, including information on how to edit an entry and how to report errors;
"(i) include at least--
"(I) 3 members representing public institutions with high or very high levels of research activity (as defined by the National Center for Education Statistics);
"(II) 2 members representing private, nonprofit institutions with high or very high levels of research activity (as so defined);
"(III) 2 members representing proprietary institutions of higher education (as defined in section 102(b)); and
"(IV) 2 members representing area career and technical education schools (as defined in subparagraph (C) or (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
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2302(3))); and
"(ii) meet at least twice a year with officials from the Department to discuss possible database improvements;
"(C) publishing, on a publicly available website, recommended database improvements; and
"(D) responding, on a publicly available website, to each recommendation published under subparagraph (D) as to whether or not the Department will implement the recommendation, including the rationale for either approving or rejecting the recommendation;
"(3) provide, every 90 days after the date of enactment of the DETERRENT Act, status updates on any pending or completed investigations and civil actions under subsection (a)(1) to--
"(A) the authorizing committees; and
"(B) any institution that is the subject of such investigation or action;
"(4) maintain, on a publicly accessible website--
"(A) a full comprehensive list of all foreign countries of concern and foreign entities of concern; and
"(B) the date on which the last update was made to such list; and
"(5) not later than 7 days after making an update to the list maintained under paragraph (4)(A), notify each institution required to comply with the sections listed in paragraph (1) of such update.
"(c) Institutional Requirements for Compliance Officers and Institutional Policy Requirements.--
"(1) In general.--An institution that is required to file a report under section 117, that is seeking a waiver under section 117A, or that is subject to the requirements of section 117B, shall, not later than the earlier of the date on which the institution files the first report under section 117, requests the institution's first waiver under section 117A, or first fulfills the requirements of section 117B--
"(A) establish an institutional policy that the institution shall follow in meeting the requirements of sections 117, 117A, and 117B; and
"(B) designate and maintain at least one, but not more than three, current employees or legally authorized agents of such institution to serve as compliance officers to carry out the requirements listed in paragraph (2).
"(2) Duties of compliance officers.--A compliance officer designated by an institution under paragraph (1)(B) shall certify--
"(A) whenever the institution is required to file a report under section 117--
"(i) the institution's accurate compliance with the reporting requirements under such section;
"(ii) that the institution, in filing such report under section 117--
"(I) followed the institutional policy established under paragraph (1)(A) applicable to such section; and
"(II) conducted good faith efforts and reasonable due diligence to ensure that accurate information is provided in such report; and
"(iii) any statements by the institution required to be certified by such an officer under clause (i) or (iv) of section 117(b)(1)(C); and
"(B) whenever the institution requests a waiver under section 117A--
"(i) that the institution--
"(I) is in compliance with the requirements of such section; and
"(II) followed the institutional policy established under paragraph (1)(A) applicable to such section; and
"(ii) the statement by the institution required to be certified by such an officer under section 117A(b)(2)(A)(ii)(II); and
"(C) whenever the institution is subject to the requirements of section 117B, that the institution--
"(i) is in compliance with the requirements of such section; and
"(ii) followed the institutional policy established under paragraph (1)(A) applicable to such section.
"(d) Definitions.--For purposes of sections 117, 117A, 117B, and this section:
"(1) Foreign country of concern.--The term `foreign country of concern' means the following:
"(A) Any covered nation defined in section 4872 of title 10, United States Code, including any special administrative region within such a covered nation or any other territory that the United States recognizes as being under the control of such a covered nation on or after the date of the enactment of this subsection.
"(B) Any country the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines, for purposes of sections 117, 117A, 117B, or this section, to be engaged in conduct that is detrimental to the national security or foreign policy of the United States.
"(2) Foreign entity of concern.--The term `foreign entity of concern' has the meaning given such term in section 10612(a) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19221(a)) and includes--
"(A) a foreign entity that is identified on the list published under section 1286(c)(9)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115-232); and
"(B) a Chinese military company that is identified on the list required by 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).
"(3) Institution.--The term `institution' means an institution of higher education (as such term is defined in section 102, other than an institution described in subsection (a)(1)(C) of such section) with a program participation agreement under section 487.".
(b) Program Participation Agreement.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended by adding at the end the following:
"(30)(A) An institution will comply with the requirements of sections 117, 117A, 117B, and 117C(c).
"(B) In the case of an institution described in subparagraph (C), the institution will--
"(i) be ineligible to participate in the programs authorized by this title for a period of not less than 2 institutional fiscal years; and
"(ii) in order to regain eligibility to participate in such programs, demonstrate compliance with all requirements of each such section for not less than 2 institutional fiscal years after the institutional fiscal year in which such institution became ineligible.
"(C) An institution described in this subparagraph is an institution--
"(i) against which judgment has been granted in 3 separate civil actions described in section 117C(a)(2) that have each resulted in the institution being compelled to comply with one or more requirements of section 117, 117A, 117B, or 117C(c); and
"(ii) that pursuant to section 117C(a)(4)(E), is prohibited from obtaining a waiver, or a renewal of a waiver, under section 117A.".
(c) GAO Study and Report.--
(1) Study.--Not later than January 31 of the second calendar year that begins after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to identify ways to improve intergovernmental agency coordination regarding implementation and enforcement of sections 117, 117A, 117B, and 117C(c) of the Higher Education Act of 1965 (20 U.S.C. 1011f), as amended or added by this Act, including increasing information sharing, increasing compliance rates, and establishing processes for enforcement.
(2) Report.--Not later than 3 years after the date of the initiation of the study under paragraph (1), the Comptroller General of the United States shall submit to Congress, and make public, a report containing the results of the study described in paragraph (1).
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SA 6449. Mr. LANKFORD 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:
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At the appropriate place in subtitle D of title I, insert the following:
SEC. ___. PRIORITIZING FIELDING OF COLLABORATIVE COMBAT
AIRCRAFT.
The Secretary of Defense shall prioritize funding for the procurement of collaborative combat aircraft to ensure there exists a minimal viable fielded and operational collaborative combat aircraft capability by the end of fiscal year 2028 to meet operational requirements of combatant commanders.
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SA 6450. Mr. LANKFORD 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:
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At the appropriate place in title X, insert the following:
SEC. 10___. SOIL ACT OF 2026.
(a) Short Title.--This section may be cited as the "Security and Oversight for International Landholdings Act of 2026" or the "SOIL Act of 2026".
(b) Review by Committee on Foreign Investment in the United States of Certain Agricultural Real Estate Transactions.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking "; and" and inserting a semicolon;
(B) in clause (ii), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(iii) any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause."; and
(2) in subparagraph (B), by adding at the end the following:
"(vi) Any acquisition or transfer of an interest, other than a security, in agricultural land held by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country--
"(I) designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)); or
"(II) identified as a country that poses as risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. 3043b)(commonly known as the `Annual Threat Assessment').".
(c) Review by Committee on Foreign Investment in the United States of Real Estate Transactions Near Military Installations.--Section 721(a)(4)(B) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)(B)), as amended by section 2, is amended by adding at the end the following:
"(vii) Any acquisition or transfer of an interest, other than a security, in any form of real estate that is located not more than 50 miles from a site listed in Appendix A to part 802 of title 31, Code of Federal Regulations or other military installation (as that term is defined in section 802.227 of title 31, Code of Federal Regulations) other than residential property held by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country--
"(I) designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)); or
"(II) identified as a country that poses as risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. 3043b)(commonly known as the `Annual Threat Assessment').".
(d) Prohibition on Use of Funds for Certain Agricultural Real Estate Holdings.--No assistance, including subsidies, may be provided by any Federal agency to a person for an agricultural real estate holding wholly or partly owned by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country--
(1) designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)); or
(2) identified as a country that poses as risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. 3043b)(commonly known as the "Annual Threat Assessment").
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SA 6451. Mr. BANKS (for himself, Ms. Warren, Mr. Cotton, Ms. Cortez Masto, Mr. Ricketts, Mr. Kim, and Mr. McCormick) 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:
Text printed in the Record (11,996 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1271. 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) Allied country.--The term `allied country' means any country listed in Country Group A under Supplement No. 1 to part 740 of the Export Administration Regulations (as in effect on January 1, 2026).
"(2) 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.
"(3) 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.
"(4) 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;
"(E) the Russian Federation; and
"(F) any other foreign country listed in Country Group D:5 under Supplement No. 1 to part 740 of the Export Administration Regulations, as published on January 1, 2026.
"(5) 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), including certain similar products listed under Export Control Classification Number 5A002.z; 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;
"(III) a total processing performance of 1,600 or more and a performance density of 3.2 or more; or
"(IV) a total DRAM bandwidth of 1,400 gigabytes per second or more, interconnect bandwidth of 1,100 gigabytes per second or more, or a sum of DRAM bandwidth and interconnect bandwidth of 1,700 gigabytes per second or more.
"(B) Authority to update technical parameters.--Beginning 24 months after the date of the submission to Congress of the American Artificial Intelligence Victory Strategy required in subsection (f), 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 though 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 such addition or modification; and
"(II) in consultation with each agency that is part of the Operating Committee for Export Policy, updates the American Artificial Intelligence Victory Strategy required in subsection (f) and submits such update 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.
"(6) 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)).
"(7) 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).
"(8) Restricted integrated circuit.--
"(A) In general.--Subject to subparagraphs (B), (C), and (D), the term `restricted integrated circuit' means a covered integrated circuit that is--
"(i) an integrated circuit that has 1 or more digital processing units--
"(I) with a total processing performance of 21,000 or more; or
"(II) with a total processing performance of 1,600 or more and a performance density of 21 or more; or
"(ii) an integrated circuit that was first marketed for sale after January 1, 2026, and 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.--The Under Secretary of Commerce for Industry and Security may add or modify technical parameters for the definition of `restricted integrated circuit' in the same manner and subject to the same restrictions as the authority described in paragraph (6)(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.
"(9) Trusted united states person.--The term `trusted United States person' means any United States person designated as a trusted United States person pursuant to subsection (h)(2).
"(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.--
"(1) Certification requirement.--Not fewer than 30 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--
"(A) the quantity of covered integrated circuit, identified by an Export Control Classification Number, as applicable, and by technical parameters of the covered integrated circuit;
"(B) the ultimate consignee or end-user of the covered integrated circuit;
"(C) any and all license conditions;
"(D) a certification that the export, reexport, or in-country transfer of the covered integrated circuit has verifiable and enforceable mechanisms for ensuring the ultimate consignee or end-user has not, does not, and will not support or enable, directly or indirectly, the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern, including--
"(i) that the United States Government has no information indicating that the ultimate consignee or end-user has, does, or will support or enable, directly or indirectly, the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern;
"(ii) an explanation of how the license conditions support the certification; and
"(iii) in the case that the license concerns a country of concern that engages in a military-civil fusion policy or maintains a law that requires persons to provide support and assistance to national security bodies, public security bodies, or relevant military bodies of the country of concern, details on how the license conditions address the specific threats arising from such policy or law;
"(E) a certification that approving the license will not adversely impact the defense industrial base of the United States, including the availability of covered integrated circuits for United States persons, including all of the major subcomponents of the covered integrated circuits, such as high-bandwidth memory;
"(F) a certification that approving the license will not adversely impact the technology leadership and advantage of the United States in total nationally-installed processing power capacity relative to the country of concern related to the ultimate consignee or end user of the covered integrated circuit;
"(G) a certification that approving the license will not adversely impact the national security of the United States;
"(H) the underlying analyses supporting the certifications required in subparagraphs (D), (E), (F), and (G); and
"(I) a technical assessment of how the export, reexport, or in-country transfer of the 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 affects the artificial intelligence leadership of the United States, including in terms of global market share, in artificial intelligence models, artificial intelligence cloud services, and covered integrated circuits, respectively.
"(2) Extension of review period for certain submissions.--In the case that a submission to Congress under paragraph (1) is submitted on a date that is on or after July 10 and on or before September 7 in any year, paragraph (1) shall apply by substituting `60 days' for `30 days'.
"(3) Limitation.--The license described in subsection (b) may not be issued until the date that is not fewer than 30 days after the committees described in paragraph (1) received the certification required in such paragraph.
"(d) Termination of Licenses.--Any license issued or approved prior to the date of the enactment of this section 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 is terminated.
"(e) Temporary Prohibition.--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 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, within one business day of receiving any application for such a license, until the date that is 14 days
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after the submission to Congress of the American Artificial Intelligence Victory Strategy required in subsection (f).
"(f) 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) the national security and economic implications of the People's Republic of China winning the artificial intelligence race;
"(3) the effect that access by countries of concern to covered integrated circuits, semiconductor manufacturing equipment, and related subcomponents that are from the United States or allied countries would have on the artificial intelligence race, the capabilities of the People's Republic of China, and United States national security;
"(4) 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;
"(5) an assessment of the implications of the export, reexport, or in-country transfer of covered integrated circuits to countries of concern for the military, intelligence, surveillance, or cyber-enabled capabilities of such countries; and
"(6) 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) a determination of whether the People's Republic of China would cease or reduce its efforts to pursue indigenous production and use of Chinese-designed and manufactured covered integrated circuits if entities located or headquartered in, or the ultimate parent company of which is headquartered in, the People's Republic of China are provided access to covered integrated circuits designed in the United States;
"(B) 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; and
"(C) a quantitative analysis, to the extent feasible, examining the artificial intelligence capabilities of countries of concern if such countries relied solely on indigenous production of covered integrated circuits using indigenously produced manufacturing equipment and related subcomponents.
"(g) 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.
"(h) Exemption From Certain License Requirements for Trusted United States Persons.--
"(1) In general.--The requirement for a license under sections 742.6 and 744.23 of the Export Administration Regulations shall not apply to the export, reexport, or in-country transfer of a covered integrated circuit if the covered integrated circuit--
"(A) is not destined for Macau, Hong Kong, or a country listed in Country Group D:5 under Supplement No. 1 to part 740 of the Export Administration Regulations; and
"(B) will remain under the ownership and control of a trusted United States person or a subsidiary of a trusted United States person once the covered integrated circuit is in operation.
"(2) Implementation.--Not later than 90 days after 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--
"(A) seek input from the public regarding the standards and requirements a United States person should be required to meet to obtain a designation as a trusted United States person;
"(B) based on such input, prescribe regulations establishing such standards and requirements, which shall include--
"(i) establishment by the United States person of reasonable security standards, including physical security, cybersecurity, remote access, secure covered integrated circuit repair and disposal procedures, and other measures designed to prevent the illicit transfer, diversion, or access to covered integrated circuits;
"(ii) a requirement that the United States person may not transfer or install a majority of its aggregate total processing performance of covered integrated circuits outside the United States;
"(iii) a requirement that not more than an aggregate 10 percent of the ultimate beneficial ownership of the United States person may be held, directly or indirectly, by any entity that primarily resides, is domiciled, or conducts the majority of its business in a country of concern;
"(iv) robust know-your-customer standards;
"(v) a preference for sourcing advanced integrated circuits and subcomponents from production facilities that support the revival of semiconductor manufacturing in the United States; and
"(vi) annual audit or attestation requirements to ensure compliance with clauses (i), (ii), (iii), and (iv); and
"(C) prescribe regulations establishing the process by which 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 approve such a designation.
"(3) Expansion to allied countries.--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 consider options for securely expanding the license exemption program described in this subsection to certain allied countries.".
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SA 6452. Mr. BANKS 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:
Text printed in the Record (360 characters)
At the appropriate place in subtitle G of title X, insert the following:
SEC. ____. EXPANSION OF ELIGIBILITY OF VETERANS FOR CERTAIN
MILITARY ADAPTIVE SPORTS PROGRAM.
Section 2564a of title 10, United States Code, is amended, in subsection (a)(1)(B), in the matter preceding clause (i), by striking "one-year period" and inserting "two-year period".
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SA 6453. Mr. YOUNG (for himself and Mr. Kelly) 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:
Text printed in the Record (11,996 characters)
At the appropriate place in title X, insert the following:
SEC. ___. ALTERNATE STANDARDS.
(a) In General.--Chapter 33 of title 46, United States Code, is amended--
(1) by redesignating sections 3317 and 3318 as sections 3318 and 3319, respectively; and
(2) by inserting after section 3316 the following:
"Sec. 3317. Alternate standards
"(a) In General.--Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, in consultation with the Maritime Administrator, shall establish a program to allow a self-propelled vessel used to provide oceangoing transportation that is not documented under chapter 121 of this title to be eligible for a certificate of inspection if the Secretary determines that--
"(1) the owner of the vessel has agreed to apply to have the vessel documented under chapter 121 of this title upon receiving the certificate;
"(2) at the time of the receipt of such certificate, the vessel is eligible for documentation under such chapter;
"(3) the vessel is classed by and designed in accordance with the rules of a classification society accepted by the Secretary;
"(4) in the case that the vessel was documented under the laws of a country other than the United States before becoming eligible for documentation under chapter 121 of this title, the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was last documented immediately before becoming eligible for documentation under such chapter, notwithstanding any other law including any regulation;
"(5) the vessel has been assessed for cybersecurity and surveillance risks; and
"(6) in the case that the vessel was documented under the laws of a country other than the United States before becoming eligible for documentation under chapter 121 of this title, the country in which the vessel was last documented before becoming eligible for documentation under such chapter has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel.
"(b) Continued Eligibility for Certificate.--In the case of a vessel described in subsection (a)(4), this section does not apply to the vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines described in such subsection.
"(c) Reliance on Classification Society.--
"(1) In general.--The Secretary may rely on a certification from the American Bureau of Shipping or, subject to paragraph (2), another classification society accepted by the Secretary to establish that a vessel is in compliance with the requirements of paragraphs (3), (4), and (6) of subsection (a) and of subsection (b).
"(2) Foreign classification society.--The Secretary may accept certification from a foreign classification society under paragraph (1) only--
"(A) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and
"(B) if the foreign classification society has offices and maintains records in the United States.
"(d) Rulemaking Procedure.--The Secretary may initiate a rulemaking procedure to implement the standard under this section.
"(e) Savings Provision.--Nothing in this section shall be interpreted to affect requirements related to merchant seamen credentials under part E of subtitle II of this title or the requirements related to manning of vessels under part F of such subtitle.".
(b) Clerical Amendment.--The table of sections for chapter 33 of title 46, United States Code, is amended by striking the items relating to sections 3317 and 3318 and inserting the following:
"3317. Alternate standards. "3318. Fees. "3319. Penalties.".
SEC. __. RULEMAKING COMMITTEE ON COMMERCIAL MARITIME
REGULATIONS AND STANDARDS.
(a) Definitions.--In this section:
(1) Covered regulation.--The term "covered regulation"--
(A) means a commercial regulation or standard issued by the Secretary relating to the operation of vessels in foreign commerce, including--
(i) vessel design and engineering standards;
(ii) merchant mariner training and credentialing; or
(iii) vessel operating and environmental standards; and
(B) does not include any commercial regulation or standard issued by the Secretary that exclusively applies to vessels in domestic commerce.
(2) Rulemaking committee.--The term "rulemaking committee" means the committee established under subsection (b).
(3) Secretary.--The term "Secretary" means the Secretary of the department in which the Coast Guard is operating.
(b) Establishment of Rulemaking Committee.--There is established, in the department in which the Coast Guard is operating, a rulemaking committee on commercial maritime regulations and standards to--
(1) review, and develop findings and recommendations regarding, the covered regulations; and
(2) provide to the Secretary a report on opportunities to review and update regulations governing vessel design and engineering, vessel and facility operation and environmental standards, and merchant mariner credentialing, in order to--
(A) revitalize the merchant marine and the commercial maritime industry in the United States; and
(B) better align, and limit redundancies between, the regulatory standards of the Coast Guard and the International Maritime Organization and international treaty requirements, while protecting United States mariners and the United States maritime industry from foreign regulations that undermine the maritime industrial competitiveness of the United States.
(c) Members.--
(1) Composition of rulemaking committee.--The Secretary shall appoint the following as members of the rulemaking committee:
(A) Each of the following Federal officers or employees, or their designees:
(i) The Maritime Administrator.
(ii) The Commandant of the Coast Guard.
(iii) The Secretary of Commerce.
(iv) The Director of the Office of Management and Budget.
(v) The Administrator of the Environmental Protection Agency.
(vi) The Chair of the Federal Maritime Commission.
(vii) The chief United States delegate to the International Maritime Organization.
(viii) The Secretary of State.
(B) Representatives from recognized classification societies, including the American Bureau of Shipping.
(C) Representatives of industry, including--
(i) owners and operators of vessels in domestic and foreign commerce of the United States;
(ii) shipbuilders; and
(iii) other representatives of industry the Secretary determines appropriate.
(D) Individuals with a merchant mariner credential, as defined in section 2101 of title 46, United States Code.
(E) Representatives of maritime labor organizations.
(F) Experts in maritime safety and regulatory matters.
(G) Other stakeholders the Secretary determines appropriate.
(2) Period of appointment; vacancies.--
(A) In general.--A member of the rulemaking committee shall be appointed for the life of the rulemaking committee.
(B) Vacancies.--A vacancy in the rulemaking committee--
(i) shall not affect the powers of the rulemaking committee; and
(ii) shall be filled in the same manner as the original appointment.
(3) Chairperson and vice chairperson.--The Secretary shall select a Chairperson and Vice Chairperson from among the members of the rulemaking committee.
(d) Meetings.--
(1) Initial meeting.--Not later than 180 days after the date of enactment of this Act, the Secretary shall convene the rulemaking committee for the first meeting of the rulemaking committee.
(2) Quorum.--A majority of the members of the rulemaking committee shall constitute a quorum, but a lesser number of members may hold hearings.
(e) Duties of Committee.--
(1) Considerations.--The rulemaking committee shall consider each of the following:
(A) How the covered regulations interact with and compare to the treaty requirements and regulations established by the International Maritime Organization, including comparisons and interactions on the basis of--
(i) safety;
(ii) cost;
(iii) enforceability and compliance; and
(iv) international competitiveness.
(B) The benefits and challenges vessel owners and operators and United States mariners encounter when complying with both regulations of the International Maritime Organization and the covered regulations.
(C) The role that covered regulations play in enhancing the size and strength of the merchant marine and the domestic and international fleet of the United States.
(D) Recommended changes to covered regulations, and regulatory frameworks, to better promote alignment with international standards and the standards of countries that are allies and partners, with a focus on--
(i) increasing opportunities for qualified mariners that enter the merchant marine and reducing the barriers that lead qualified mariners to leave the merchant marine;
(ii) increasing the number of vessels of the United States that are operating in domestic and foreign commerce;
(iii) enhancing United States leadership within the International Maritime Organization and other international treaty organizations with a focus on the maritime industry;
(iv) streamlining regulatory processes and processing timelines to minimize duplicative reviews and eliminate preventable delays; and
(v) maintaining and enhancing the safety and security of the merchant marine.
(E) Recommended changes to covered regulations and regulatory frameworks that govern mariner education training requirements, which may include--
(i) expanding the pool of qualified instructors for mariner training programs;
(ii) streamlining requirements related to training facility size and design to improve operational efficiencies at mariner training facilities, including requirements related to classroom size and design;
(iii) standardizing and streamlining training course and curriculum approval and evaluation to provide more certainty to mariner training programs; and
(iv) enhancing opportunities for mariner training programs to flexibly integrate sea-time into course instruction, consistent with treaty requirements and regulations established by the International Maritime Organization.
(F) Any other matters the Secretary determines appropriate.
(2) Report.--Not later than 1 year after the date of enactment of this Act, the rulemaking committee shall submit to the Secretary a report that includes the findings and recommended changes to covered regulations of the rulemaking committee, as required under paragraph (1).
(f) Powers of Rulemaking Committee.--
(1) Hearings.--The rulemaking committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the rulemaking committee considers advisable to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The rulemaking committee may secure directly from a Federal department or agency such information as the rulemaking committee considers necessary to carry out this section, as permitted by law.
(B) Furnishing information.--On request of the Chairperson of the rulemaking committee, the head of the department or agency shall furnish the information to the rulemaking committee.
(g) Rulemaking Committee Personnel Matters.--
(1) No compensation.--A member of the rulemaking committee shall not be compensated for service on the rulemaking committee.
(2) Travel expenses.--A member of the rulemaking committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the rulemaking committee.
(h) Administration.--Except as specified otherwise in this section, the rulemaking committee shall be treated as a committee established under chapter
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151 of title 46, United States Code, for purposes of section 15109 of such title and shall not be considered a temporary organization under section 3161 of title 5, United States Code.
(i) Termination.--The rulemaking committee shall terminate on the earlier of--
(1) the date that is 90 days after the date on which the rulemaking committee submits the report under subsection (e)(2); or
(2) the date that is 7 years after the date on which the rulemaking committee is established.
(j) Duties of the Secretary.--The Secretary shall--
(1) not later than 30 days after receiving the rulemaking committee's report under subsection (e)(2), submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make publicly available, a copy of such report and the Secretary's views on the recommendations of the committee; and
(2) not later than 90 days after submitting the report under paragraph (1)--
(A) initiate a rulemaking activity and make such policy and guidance updates determined necessary by the Secretary to address the consensus recommendations reached by the rulemaking committee under subsection (e);
(B) submit a report to the appropriate committees of Congress identifying the recommendations of the rulemaking committee that require legislative changes; and
(C) submit a report to the Secretary of State identifying recommendations of the rulemaking committee that require changes to treaty requirements and regulations established by the International Maritime Organization, including recommendations that should inform the policy of the United States as a member of the International Maritime Organization.
SEC. __. STREAMLINED ENVIRONMENTAL REVIEW.
The Fixing America's Surface Transportation Act is amended--
(1) in section 41001(6) (42 U.S.C. 4370m(6))--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting "the maritime industry" after "waterways,";
(ii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(iii) by inserting after clause (ii) the following:
"(iii) is covered by a programmatic plan or environmental review developed for a project related to the maritime industry;"; and
(B) by adding at the end the following:
"(D) Maritime industry.--For the purposes of subparagraph (A), the term `construction of infrastructure' for the maritime industry includes construction of--
"(i) shipyards and ship repair facilities;
"(ii) port terminals and other port facilities;
"(iii) manufacturing facilities for equipment and technology instrumental to the facilitation of maritime trade and commerce, as defined by the Council; and
"(iv) other industrial base facilities that support the Navy or the merchant marine of the United States."; and
(2) in section 11503(b) (42 U.S.C. 4370m note)--
(A) in the matter preceding paragraph (1) by inserting ", and except with respect to the Maritime Administration," after "Except as expressly provided in section 41003(f) and subsection (o) of section 139 of title 23, United States Code"; and
(B) in paragraph (1), by striking ", 46,".
SEC. __. MERCHANT MARINER CREDENTIALING MODERNIZATION.
(a) Merchant Mariner Credentialing Modernization.--The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Transportation, shall carry out necessary system and process changes to carry out the activities described in paragraphs (1) through (5).
(1) Licensing, certification, and documentation database.--Replacement of the merchant mariner licensing, certification, and documentation database such that the database allows for--
(A) the electronic submission of merchant mariner credential applications (including sea service, professional qualifications, course completion data, safety and suitability, and medical records) and course approval requests;
(B) the merchant mariner to elect direct submission of sea service information from employers and course completion data from training providers and other stakeholders to provide data securely and directly so that documentation does not need to be submitted later by the merchant mariner; and
(C) the electronic processing and evaluation of information for the issuance of credentials and course approvals, including the capability for the Secretary to complete remote evaluation of the information submitted.
(2) System for data exchange.--Implementation of a system that provides for the exchange of data with government agencies and industry stakeholders, which provides the Maritime Administration and other agencies, as appropriate, anonymized and aggregated data showing the following:
(A) The total amount of sea service for individuals with a valid merchant mariner credential.
(B) The number of credentialed mariners by individual rating and the capability to filter data by endorsements.
(C) Demographic information, including age, gender, ethnicity, address or location, uniform service, and service status.
(D) National Maritime Center processing times.
(E) The number of Coast Guard approved training providers, and, for each such training provider, the number of courses taken by individuals who have, or who are applying for, a merchant mariner credential from that training provider.
(3) Public-facing platform.--Implementation of a system to accept merchant mariner applicant information, including credential applications, course completion data, and course approval requests. To the maximum extent practicable, the Secretary of the department in which the Coast Guard is operating may integrate with, approve a contact with, or partner with commercial entities that provide a system of secure and compliant platforms capable of delivering these services. Any such system shall meet all applicable requirements for cybersecurity, privacy, and data integrity in accordance with Federal law.
(4) Examination processes.--Upgrading the examination processes for merchant mariner examinations, by--
(A) implementing an examination regime that provides for electronic and third party administration of examinations;
(B) reassessing the content of tests through the development of job task analysis for all credentials; and
(C) implementing a robust system to analyze examination data.
(5) Requirement for sea service documentation.--A maritime employer shall provide documentation of all sea service performed by a mariner upon termination of employment, or upon the mariner's request if not less than 30 days of service have elapsed since the last such documentation was issued, not later than 5 days after the date of such termination or request. Such documentation shall meet all requirements of section 10.232 of title 46, Code of Federal Regulations (or any similar successor regulation) in a standardized format provided by the Secretary.
(b) Report.--The Secretary of the department in which the Coast Guard is operating shall submit--
(1) an annual report to the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Armed Services of the Senate, and the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives, on the progress of the system and process changes required under subsection (a); and
(2) a final report to those Committees 1 year after full operating capability of the complete system, comprised of all 4 systems required under subsection (a).
(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $20,000,000 for fiscal year 2027, to remain available until expended.
SEC. __. MERCHANT MARINER LICENSES.
(a) Renewal of Merchant Mariners Licenses and Documents.--Section 7507(d) of title 46, United States Code, is amended to read as follows:
"(d) Renewal.--With respect to any renewal of a valid merchant mariner credential issued under this part, which is made not earlier than 8 months before the date of expiration of the current credential, and that is not an extension under subsection (a) or (b), the validity period of such credential shall begin the day after the expiration of the current credential.".
(b) Reactivation of Expired License.--Chapter 75 of subtitle II of part E, of title 46, United States Code, is amended by adding at the end the following:
"Sec. 7513. Authority for reactivation of United States
Merchant Mariner credentials
"(a) Licenses and Certificates of Registry.--Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may renew for not more than 2 years an expired license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that the renewal is in response to a national emergency declared by Congress or declared under section 201 of the National Emergencies Act (50 U.S.C. 1621), as deemed necessary by the Secretary.
"(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), the Secretary may renew for not more than 2 years an expiring merchant mariner's document issued for an individual under chapter 73 if the Secretary determines that the renewal is in response to a national emergency proclaimed by the President or declared by Congress, as deemed necessary by the Secretary.
"(c) Manner of Renewal.--Any renewal granted under this section may be granted to individual seamen or a specifically identified group of seamen.".
(c) Clerical Amendment.--The table of sections for chapter 75 of title 46, United States Code, is amended by adding at the end the following:
"7513. Authority for reactivation of United States Merchant Mariner credentials.". ______
SA 6454. Mr. YOUNG (for himself and Mr. Kelly) 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:
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At the appropriate place in title X, insert the following:
SEC. __. STRATEGIC COMMERCIAL FLEET.
(a) In General.--Part C of subtitle V of title 46, United States Code, is amended by inserting after chapter 535 the following:
"Sec.
"53601. Definitions. "53602. Establishment of Strategic Commercial Fleet. "53603. Operating agreements. "53604. Payments. "53605. National security requirements. "53606. Regulations.
"Sec. 53601. Definitions
"In this chapter:
"(1) Administrator.--The term `Administrator' means the Maritime Administrator.
"(2) Appropriate committees of congress.--The term `appropriate committees of Congress' means--
"(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and
"(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.
"(3) Coastwise trade.--The term `coastwise trade' means commerce or trade that is subject to the requirements of section 55102 or 55103.
"(4) Covered entity.--The term `covered entity' means--
"(A) any owner or operator of a vessel eligible under section 53602(d); or
"(B) a bid team consisting of--
"(i) an entity described in subparagraph (A);
"(ii) a shipyard in the United States with the ability, experience, financial resources, and other qualifications necessary for--
"(I) the construction of a vessel eligible for inclusion in the Strategic Commercial Fleet; or
"(II) the repair of such a vessel; and
"(iii) another legal entity that is not a foreign entity of concern.
"(5) Fleet.--The term `Fleet' means the Strategic Commercial Fleet established under section 53602.
"(6) Foreign commerce.--The term `foreign commerce' means--
"(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
"(B) commerce or trade between foreign countries.
"(7) Foreign country of concern.--
"(A) In general.--The term `foreign country of concern' means--
"(i) a country that is a covered nation (as defined in section 4872(f)(2) of title 10); and
"(ii) any country that the Secretary of Transportation, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Commerce, the Director of National Intelligence, the United States Trade Representative, and the Chair of the Federal Maritime Commission, determines to be engaged in conduct that is detrimental or potentially detrimental to the national security or foreign policy of the United States, until such time as the Secretary of Transportation, in consultation with the heads of those Federal agencies, determines that the country is no longer engaged in such detrimental or potentially detrimental conduct.
"(B) Country.--The term `country' means a foreign country or a political subdivision, dependent territory, or possession of a foreign country.
"(8) Foreign entity of concern.--The term `foreign entity of concern' means any foreign entity that is--
"(A) designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
"(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;
"(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country of concern;
"(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 (commonly known as the `Espionage Act') (18 U.S.C. 792 et seq.);
"(ii) section 951 or 1030 of title 18;
"(iii) chapter 90 of title 18 (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.);
"(E) designated by the Federal Maritime Commission as a controlled carrier under chapter 407;
"(F) found by the Federal Maritime Commission to be practicing unfavorable conditions in foreign trade under chapter 421 or 423, until such time as the Federal Maritime Commission determines that the entity is no longer practicing such unfavorable conditions; or
"(G) determined by the Maritime Administrator, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the Chair of the Federal Maritime Commission, the Secretary of the department in which the Coast Guard is operating, and the United States Trade Representative to be engaged in conduct that is detrimental or potentially detrimental to the national security or foreign policy of the United States.
"(9) Qualified foreign built vessel.--The term `qualified foreign built vessel'--
"(A) means a vessel that--
"(i) is not more than 14 years of age;
"(ii) is, prior to entry into the Fleet, documented under the laws of the United States; and
"(iii) was constructed (or reconstructed) outside the United States; and
"(B) does not include a vessel that--
"(i) was owned or operated by a foreign entity of concern;
"(ii) is a vessel of a foreign country of concern;
"(iii) was constructed by a shipyard that was owned or operated by a foreign entity of concern or located in a foreign country of concern; or
"(iv) was registered as a vessel of a foreign country of concern at any time during the 3 years prior to entry into the Fleet.
"(10) Secretary.--The term `Secretary' means the Secretary of Transportation.
"(11) United states built vessel.--The term `United States built vessel' means a vessel that is constructed in the United States (and, if reconstructed, reconstructed in the United States), consistent with the requirements of section 505 of the Merchant Marine Act, 1936 (46 U.S.C. 53101 note).
"(12) United states citizen trust.--The term `United States citizen trust' has the meaning given such term in section 53101.
"Sec. 53602. Establishment of Strategic Commercial Fleet
"(a) In General.--Subject to the availability of appropriations, the Secretary, acting through the Administrator and in consultation with the Secretary of Defense, shall establish a fleet, to be known as the `Strategic Commercial Fleet', of active, commercially viable, privately owned vessels to meet national defense and other security requirements and maintain a United States presence in international commercial shipping.
"(b) Number of Vessels.--The Secretary shall seek to select eligible vessels described in subsection (d) for the Fleet through an annual competitive selection process. Through such annual selection process, the Secretary shall--
"(1) select for inclusion in the Fleet not fewer than 10 vessels in the 12-month period that begins on the date that is 2 years after the date of enactment of this section;
"(2) increase the number of vessels selected for inclusion in the Fleet annually such that not later than 5 years after such date of enactment, not fewer than 20 vessels are selected for such inclusion annually; and
"(3) ensure that the total number of vessels included in the fleet shall be not more than 250 vessels at any point in time, except in wartime.
"(c) Solicitation; Entry Into Fleet.--
"(1) Solicitation.--
"(A) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall solicit proposals from covered entities to competitively select vessels that are eligible under subsection (d) and meet the requirements of this subsection for inclusion in the Fleet.
"(B) Public solicitation requirements.--In soliciting proposals under subparagraph (A), the Secretary--
"(i) shall--
"(I) publish a notice in the Federal Register, which, at a minimum, identifies the requirements for the number of vessels as established by the Administrator; and
"(II) allow applicants such time as determined by the Secretary, which shall not be less than 30 days, to submit a proposal for entry into the Fleet; and
"(ii) may include in the notice in the Federal Register--
"(I) target numbers for each vessel type that will be selected for inclusion in the Fleet each year; and
"(II) guidance on proposed annual operating support payments and annual capital support payments for each vessel type solicited, to ensure--
"(aa) covered entities submit proposals that are priced competitively and meet the needs of the Fleet; and
"(bb) there is a competitive selection process as described in this section.
"(2) Eligible proposals.--The Secretary shall solicit and accept proposals in separate processes for each of the following:
"(A) Newly constructed vessels.--
"(i) In general.--A covered entity may submit a proposal for the Fleet that involves the construction of a United States built vessel and operation of such vessel as a vessel of the United States in foreign commerce.
"(ii) Interim vessel.--A proposal described in clause (i) from a covered entity may propose the use of an interim vessel, if such proposal provides that--
"(I) the covered entity will operate a qualified foreign-built vessel as a vessel of the United States in foreign commerce as part of the Fleet until the United States built vessel described in such clause enters the Fleet, in accordance with the milestones established within the operating agreement under section 53603(c)(1);
"(II) when the United States built vessel enters the Fleet or the covered entity fails to meet milestones established in the operating agreement, the qualified foreign-built vessel shall be removed from the Fleet; and
"(III) the covered entity may then transfer and register the qualified foreign-built vessel under a registry of any foreign country that is not a foreign country of concern.
"(B) Qualified foreign-built vessels.--
"(i) In general.--Through fiscal year 2032, a covered entity may submit a proposal for the Fleet that involves the operation of a qualified foreign-built vessel as a vessel of the United States in foreign commerce.
"(ii) Exception.--After fiscal year 2032, the Secretary may not enter into a new agreement to bring a qualified foreign-built vessel into the Fleet unless--
"(I) the vessel is operating as an interim vessel under subparagraph (A)(ii); or
"(II) the Secretary and Secretary of Defense jointly certify to the appropriate committees of Congress that adding additional qualified foreign-built vessels to the Fleet is necessary for the national security of the United States until replaced by a newly constructed vessel to meet the schedule under subsection (b).
"(3) Procedure.--
"(A) In general.--A covered entity desiring to have a vessel selected for the Fleet shall submit an eligible proposal under paragraph (2) as at such time, in such manner, and containing such information as the Secretary may require.
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Such proposal shall include--
"(i) a proposed annual operating support payment, which may cover the difference in operating costs (including costs associated with vessel repair) associated with operating the vessel as a vessel of the United States as compared to a fair and reasonable estimate of the cost of operating that type of vessel under the laws of a foreign country;
"(ii) in the case of a proposal described in paragraph (2)(A), a proposed annual capital support payment, which may cover the difference in capital costs associated with constructing the vessel in the United States as compared to a fair and reasonable estimate of the cost of constructing that type of vessel in a foreign shipyard; and
"(iii) any other support payments needed to make a vessel commercially viable in foreign commerce.
"(B) Bid team.--In the case of an eligible entity that is a bid team described in section 53601(4)(B), such team shall--
"(i) jointly submit a proposal under this subsection for inclusion in the Fleet; and
"(ii) in such a proposal, clarify which entity of the bid team shall receive each proposed annual operating support payment and proposed annual capital support payment, and any other proposed support payments.
"(4) Review of proposals.--
"(A) In general.--The Secretary shall conduct an independent evaluation of each eligible proposal submitted under paragraph (2), including evaluating the fair and reasonable estimates made by the covered entity to support the proposed annual operating payment, proposed annual capital support payment, and proposed other support payments, as applicable.
"(B) Savings provision.--Nothing in this provision shall be construed to require compliance with part 15 of the Federal Acquisition Regulation (or successor regulations).
"(5) Acceptance into fleet.--
"(A) In general.--The Secretary shall evaluate eligible proposals submitted under this subsection in order to, in accordance with this paragraph, select proposals that meet the requirements of this section for acceptance in the Fleet.
"(B) Citizenship preference.--In selecting proposals to meet the requirements of this section, the Secretary shall ensure, to the extent sufficient qualified proposals are received under this subsection, that not less than 25 percent of vessels selected for the Fleet shall be owned or operated by a covered entity that is, or a bid team led by, a citizen of the United States under section 50501.
"(C) Priority.--In evaluating eligible proposals for selection in the Fleet and subject to subparagraph (B), the Secretary shall select proposals that represent the best value to the Federal Government, taking into consideration the vessel types and capabilities critical to the national and economic security of the United States.
"(D) Relationship to the tanker security fleet.--If the most recent Mobility Capability Requirements Study produced by United States Transportation Command identifies a need for a fleet of tanker vessels that are vessels of the United States that exceeds the size of the Tanker Security Fleet established under chapter 534 of this title, the Secretary may select for inclusion in the Fleet a number of tanker vessels that, when combined with the number of vessels in the Tanker Security Fleet, is consistent with the requirements of the Study.
"(E) Considerations for review.--In evaluating eligible proposals submitted under this subsection for selection in the Fleet, the Secretary shall--
"(i) determine that any vessel so selected will be suitable for use by the United States in time of war or national emergency;
"(ii) determine that any vessel so selected will aid in the promotion and development of foreign commerce;
"(iii) determine that--
"(I) the proposed use of the vessel in commercial service is reasonable; and
"(II) the owner or operator of the vessel possesses the ability, experience, financial resources, and other qualifications necessary for the operation and maintenance of the vessel;
"(iv) determine that a shipyard selected to construct a vessel under this section possesses the ability, experience, financial resources, equipment, and other qualifications necessary to properly construct the vessel;
"(v) determine that the cost of the construction (if applicable) and cost of operation of a vessel under this section is fair and reasonable;
"(vi) consider whether the covered entity commits to--
"(I) use equipment, materials, and supplies that are produced in the United States; and
"(II) utilize, to the maximum extent practicable, subcontractors and suppliers that are based in the United States;
"(vii) consider whether the covered entity commits to repair, repower, and recondition a vessel under this section in a shipyard in the United States; and
"(viii) consider whether the covered entity has made commitments to worker and community investment, including through--
"(I) programs to expand employment opportunity for economically disadvantaged individuals; or
"(II) securing commitments from regional educational and training entities and institutions of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), to provide workforce training, including programming for training and job placement of economically disadvantaged individuals.
"(6) Timing.--
"(A) Qualified foreign vessel.--Not later than 180 days after entering into an operating agreement under section 53603 with a covered entity for inclusion of a qualified foreign-built vessel into the Fleet, such vessel shall be placed into service as part of the Fleet.
"(B) Newly constructed vessel.--Not later than 36 months after entering into an operating agreement under section 53603 with a covered entity for inclusion of a newly constructed United States built vessel described in paragraph (2)(A), such vessel shall be placed into service as part of the Fleet.
"(C) Delayed admission.--The Secretary may delay the entry of a vessel selected to participate in the Fleet for--
"(i) a delay in the construction of such vessel; or
"(ii) difficulty of the owner or operator of such vessel in recruiting United States mariners as required under section 53603(b)(1)(A).
"(d) Vessel Eligibility.--A vessel is eligible to be included in the Fleet if--
"(1) the vessel--
"(A) is a vessel of the United States; or
"(B) is not a vessel of the United States, but--
"(i) the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of this title if it is included in the Fleet; and
"(ii) by the time an operating agreement is entered into under section 53603, the vessel is documented under chapter 121 of this title;
"(2) the vessel is a United States built vessel or a qualified foreign-built vessel;
"(3) the vessel is--
"(A) a bulk carrier vessel;
"(B) a tanker vessel;
"(C) a roll-on/roll-off vessel;
"(D) a liquefied natural gas tanker vessel;
"(E) a container vessel;
"(F) a multi-purpose vessel;
"(G) a cable vessel (as defined in section 53201 of this title);
"(H) a heavy-lift vessel; or
"(I) any other type of vessel determined appropriate by the Secretary;
"(4) the vessel is operated (or will be operated) in providing transportation in foreign commerce;
"(5) the vessel meets the requirements of paragraph (1), (2), (3), or (4) of subsection (e);
"(6) the vessel is self-propelled and is--
"(A) a newly constructed vessel;
"(B) a tank vessel that is 10 years of age or less on the date the vessel is included in the Fleet; or
"(C) is not a tank vessel and is 15 years of age or less on the date the vessel is included in the Fleet;
"(7) the vessel--
"(A) is suitable for use by the United States in time of war or national emergency, as determined by the Secretary and the Secretary of Defense;
"(B) is commercially viable, as determined by the Secretary; and
"(C) has dedicated space for the training of--
"(i) cadets of the Merchant Marine Academy consistent with the requirements of section 51307(b);
"(ii) students of a State maritime academy, consistent with the requirements of section 51507; or
"(iii) participants in another workforce training program identified by the Secretary; and
"(8) the vessel will, for the period of an operating agreement under section 53603 that applies to the vessel, meet any other requirement determined appropriate by the Secretary.
"(e) Requirements Regarding Citizenship of Owners, Charterers, and Operators.--
"(1) Vessel owned and operated by section 50501 citizens.--A vessel meets the requirements of this paragraph if, during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be owned and operated by 1 or more persons that are citizens of the United States under section 50501.
"(2) Vessel owned and operated by a qualified documentation citizen.--A vessel meets the requirements of this paragraph if--
"(A) during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be owned and operated by a person--
"(i) that is eligible to document the vessel under chapter 121 of this title;
"(ii) the chairman of the board of directors, the chief executive officer, and a majority of the members of the board of directors of which are citizens of the United States under section 50501 of this title, and are appointed and subjected to removal only upon approval by the Secretary; and
"(iii) that certifies to the Secretary that there are no treaties, statutes, regulations, or other laws that would prohibit the covered entity for the vessel from performing its obligations under an operating agreement under this chapter;
"(B) in the case of a vessel that will be owned and operated by a person that is owned or controlled by another person that is not a citizen of the United States under section 50501 of this title, the other person enters into an agreement with the Secretary not to influence the operation of the vessel in a manner that will adversely affect the interests of the United States; and
"(C) the Secretary and the Secretary of Defense notify the appropriate committees of Congress that they concur with the certification required under subparagraph (A)(iii) and have reviewed and agree that there are no other legal, operational, or other impediments that would prohibit the covered entity for the vessel from performing its obligations under an operating agreement under this chapter.
"(3) Vessel owned and operated by defense contractor.--A vessel meets the requirements of this paragraph if--
"(A) during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be owned and operated by a person that--
"(i) is eligible to document a vessel under chapter 121 of this title;
"(ii) operates or manages other United States-documented vessels for the Secretary of Defense, or charters other vessels to the Secretary of Defense;
"(iii) has entered into a special security agreement for purposes of this paragraph with the Secretary of Defense;
"(iv) makes the certification described in paragraph (2)(A)(iii); and
"(v) in the case of a vessel described in paragraph (2)(B), enters into an agreement referred to in that paragraph; and
"(B) the Secretary and the Secretary of Defense notify the appropriate committees of Congress that they concur with the certification required under subparagraph (A)(iv), and have reviewed and agree that there are no other legal, operational, or other impediments that would prohibit the covered entity for the vessel from performing its obligations under an operating agreement under this chapter.
"(4) Vessel owned by documentation citizen and chartered to section 50501 citizen.--A vessel meets the requirements of this paragraph if, during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be--
"(A) owned by a person that is eligible to document a vessel under chapter 121;
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and
"(B) demise chartered to a person that is a citizen of the United States under section 50501.
"Sec. 53603. Operating agreements
"(a) In General.--The Secretary, acting through the Administrator, shall require, as a condition of including any vessel in the Fleet, that the covered entity for the vessel enter into an operating agreement under this section.
"(b) Requirements.--
"(1) General requirements.--An operating agreement required under subsection (a) shall require the vessel subject to such agreement to meet the following requirements:
"(A) During the period in which the vessel is operating under the agreement--
"(i) the vessel will be crewed in accordance with section 8103 of this title;
"(ii) the vessel shall be operated within the Fleet exclusively in foreign commerce, or in mixed foreign and domestic trade allowed under a registry endorsement under section 12111 of this title, and not in coastwise trade; and
"(iii) the covered entity will have in effect an emergency preparedness agreement described in section 53605 for the period of such agreement.
"(B) Beginning on the first day of the operating agreement, the vessel will be permanently ineligible for a coastwise endorsement under section 12112 of this title or to otherwise participate in the coastwise trade, even if the operating agreement is terminated or not renewed.
"(2) Vessel repair requirements.--
"(A) In general.--Subject to subparagraphs (B) and (C), the operating agreement required under subsection (a) shall--
"(i) require that the vessel subject to such agreement undergo a set percentage, agreed to between the Secretary and the covered entity, of repair work (excluding necessary repairs as described in paragraph (1) of section 466(d) of the Tariff Act of 1930 (19 U.S.C. 1466(d)(1)) at a shipyard in the United States; and
"(ii) prohibit the vessel subject to such agreement from receiving repairs at a shipyard in a foreign country of concern (as defined in section 53601 of this title).
"(B) Exception for interim vessels.--The requirements of clauses (i) and (ii) of subparagraph (A) shall not apply to interim vessels included in the fleet under 53602(c)(2)(A)(ii).
"(C) Authority of the secretary.--Notwithstanding any other provision of law, the Secretary may modify or waive any requirement of subparagraph (A) only if the Secretary--
"(i) determines that waiving such requirements are in the national security interest of the United States; and
"(ii) makes such a determination publicly available in writing and submits the determination to the appropriate committees of Congress (as defined in section 53601 of this title).
"(3) Coordination with coast guard regarding coastwise trade prohibition.--The Secretary shall coordinate with the Secretary of the Department in which the Coast Guard is operating to ensure that any vessel that is, or was, covered by an operating agreement under this chapter is permanently ineligible for a coastwise endorsement under section 12112 of this title or to otherwise participate in the coastwise trade, as required under paragraph (1)(B).
"(c) Milestones and Payments.--The operating agreement shall--
"(1) prescribe specific milestones for project completion, as agreed upon between the Secretary and the covered entity; and
"(2) specify the schedule of operating support payments, and as applicable, capital support payments and other incentives and payments, based on completion of such milestones and consistent with the eligible proposals submitted by the covered entity under section 53602(c)(3)(A), as agreed to by the Secretary and the covered entity.
"(d) Incentives.--
"(1) State of the art technology incentives.--An operating agreement required under subsection (a) may include financial incentives to support the testing or adoption of state of the art technology, including artificial intelligence, advanced shipbuilding techniques, automation, modern propulsion systems, environmental performance, crew safety, national defense features, and other technologies identified by the Secretary to be relevant in advancing the military and economic security of the United States.
"(2) Performance incentives.--The operating agreement may include incentive payments for eligible entities that exceed the milestones established under subsection (c)(1).
"(e) Term of Operating Agreement.--
"(1) In general.--An operating agreement to participate in the Fleet shall be for a period of 7 years.
"(2) Renewal of agreement.--
"(A) In general.--A covered entity for a vessel participating in the Fleet under an operating agreement under this section may apply to renew such operating agreement.
"(B) Renewal limitation.--An operating agreement under this section may be renewed not more than 2 times.
"(3) Termination payment.--
"(A) No-fault termination during contract.--Subject to subparagraph (B), a covered entity for a vessel operating under an operating agreement under this section that includes a capital support payment shall receive a termination payment if any of the following applies:
"(i) No-fault termination.--Capital support payments provided to a covered entity under an operating agreement are terminated during a contract term.
"(ii) No-fault non-renewal.--An operating agreement is not selected to be renewed under paragraph (2).
"(B) Secretary determination for material lack of compliance.--In any case in which the Secretary determines under subsection (f) that a covered entity for a vessel operating under an operating agreement under this section materially fails to comply with the terms of the operating agreement and, due to such failure to comply, the operating agreement is terminated or not selected for renewal, the Secretary may determine that the covered entity is not entitled to a termination payment and subparagraph (A) shall not apply.
"(C) Termination payment defined.--In this paragraph, the term `termination payment' means a payment in an amount that equals the product of--
"(i) the percentage of the remaining useful life of the vessel, calculated using 21 years as the maximum useful life of the vessel; multiplied by
"(ii) the difference in the cost of constructing the vessel in the United States and the cost of constructing the vessel in a foreign country, to the extent such cost difference was not recovered by the covered entity through payments received under any operating agreement under this section.
"(f) Termination by Secretary for Lack of Program Participant Compliance.--If a covered entity for a vessel operating under an operating agreement under this section materially fails to comply with the terms of the operating agreement--
"(1) the Secretary shall notify the covered entity and provide a reasonable opportunity to comply with the operating agreement; and
"(2) if the covered entity fails to achieve such compliance, the Secretary--
"(A) shall terminate the operating agreement;
"(B) shall not renew the operating agreement under subsection (e)(2); and
"(C) may take steps to recover an amount equal to the payments and incentives provided to the covered entity under this chapter.
"(g) Nonrenewal for Lack of Funds.--If, by the first day of a fiscal year, sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year, then the Secretary shall notify the appropriate committees of Congress that operating agreements authorized under this chapter for which sufficient funds are not available will not be renewed for that fiscal year if sufficient funds are not appropriated by the 60th day of that fiscal year.
"(h) Release of Vessels From Obligations.--
"(1) In general.--A vessel covered by an operating agreement under this chapter is released from any further obligation under the operating agreement, except for the requirements of paragraph (2), if--
"(A) the Secretary terminated or did not renew the operating agreement under subsection (f);
"(B) the covered entity elects to not renew its operating agreement with the Secretary;
"(C) the vessel is ineligible for renewal under subsection (e)(2); or
"(D) funds are not appropriated to the Secretary for payments under the operating agreement under this chapter for any fiscal year by the 60th day of that fiscal year.
"(2) Coastwise trade.--Consistent with the requirements of subsection (b)(1)(B), a vessel released from obligations under paragraph (1) shall remain permanently ineligible for a coastwise endorsement under section 12112 of this title or to otherwise participate in the coastwise trade.
"(3) Authority to transfer vessel.--
"(A) In general.--After a vessel is released from obligations under paragraph (1), the covered entity may transfer and register such vessel under a foreign registry that--
"(i) is acceptable to the Secretary and the Secretary of Defense, and allows the requisitioning of the vessel for title or use, notwithstanding section 56101 of this title; and
"(ii) is not a foreign country of concern.
"(B) Emergency acquisition of vessels.--If chapter 563 of this title is applicable to a vessel after registration in a foreign registry described in subparagraph (A), then the vessel is available to be requisitioned by the Secretary pursuant to such chapter.
"(i) Judicial Review.--No court shall have jurisdiction to review the Secretary's decision with respect to the award or non-award of an operating agreement issued under this chapter.
"Sec. 53604.
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Payments
"(a) In General.--An operating agreement under this chapter shall require that the Secretary make payments to the covered entity, in accordance with the milestones established under section 53603(c)(1) and the operating agreement under section 53603 and subject to the availability of appropriations.
"(b) Limitations.--Notwithstanding any other provision of this chapter, the Secretary shall not make any payment under this chapter for a vessel--
"(1) with respect to any day for which--
"(A) the vessel is not operated or maintained in accordance with an operating agreement under this chapter;
"(B) the vessel is under a charter to the United States Government; or
"(C) except as provided under subsection (c), the vessel is engaged in transporting military or other preference cargoes under section 55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 10, or any other cargo preference law of the United States; or
"(2) that participates in the coastwise trade in violation of the operating agreement and section 53603(b)(1)(B).
"(c) Preference Cargos.--
"(1) In general.--The Secretary may waive the requirement of subsection (b)(1)(C) to the extent, in the manner, and on the terms the Secretary prescribes, only if prior to shipment--
"(A) the Administrator, acting in the Administrator's capacity as Director of the National Shipping Authority--
"(i) determines the non-availability of qualified vessels of the United States that are not enrolled in the Strategic Commercial Fleet; and
"(ii) notifies the Secretary of such determination;
"(B) the Secretary ensures reasonable notice has been provided to the owners and operators of qualified vessels of the United States that are not enrolled in the Strategic Commercial Fleet prior to making the waiver determination; and
"(C) by not later than 7 days after issuing a waiver under this subsection, the Secretary notifies the appropriate committees of Congress and posts such waiver on a public website of the Maritime Administration.
"(2) Non-delegation.--The Secretary shall not delegate the waiver authority provided under paragraph (1).
"(d) Operating Agreement Is Obligation of United States Government.--An operating agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the agreement, subject to the availability of appropriations.
"(e) Clarification.--Notwithstanding any other provision of law, the provision by the Secretary of a payment under this section shall not be considered to be a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or an undertaking for the purposes of division A of subtitle III of title 54.
"(f) Buy America.--Section 54101(d)(2) shall apply to any funds obligated by the Secretary under this section that are used to construct or repair a United States-built vessel.
"Sec. 53605. National security requirements
"(a) Emergency Preparedness Agreement Required.--The Secretary, in coordination with the Secretary of Defense, shall establish an emergency preparedness program under this section under which the program participant for an operating agreement under this chapter shall agree, as a condition of the operating agreement, to enter into an emergency preparedness agreement with the Secretary. The Secretary shall negotiate and enter into an emergency preparedness agreement with each program participant as promptly as practicable after the program participant has entered into the operating agreement.
"(b) Use of Existing Program.--The Secretary may use an existing emergency preparedness program, as of the date of enactment of this section, to satisfy the requirements of subsection (a).
"(c) Terms of Agreement.--The terms of an emergency preparedness agreement under this section shall--
"(1) provide that upon request by the Secretary of Defense during time of war or national emergency, or whenever determined by the Secretary of Defense to be necessary for national security or contingency operation (as that term is defined in section 101(a) of title 10), the program participant shall make available commercial transportation resources (including services) described in subsection (e) to the Secretary of Defense;
"(2) shall include such additional terms as may be established by the Secretary and the Secretary of Defense; and
"(3) shall allow for the modification or addition of terms upon agreement by the Secretary and the program participant and the approval by the Secretary of Defense.
"(d) Participation After Expiration of Operating Agreement.--The Secretary may not require, through an emergency preparedness agreement or an operating agreement, that a program participant covered by an operating agreement continue to participate in an emergency preparedness agreement after the operating agreement has expired according to its terms or is otherwise no longer in effect. After the expiration of an emergency preparedness agreement, a program participant may voluntarily continue to participate in the agreement.
"(e) Resources Made Available.--The commercial transportation resources to be made available under an emergency preparedness agreement shall include vessels or capacity in vessels, terminal facilities, management services, and other related services, or any agreed portion of such nonvessel resources for activation as the Secretary of Defense may determine to be necessary, seeking to minimize disruption of the program participant's service to commercial customers.
"(f) Compensation.--
"(1) In general.--The Secretary shall include in each emergency preparedness agreement provisions approved by the Secretary of Defense under which the Secretary of Defense shall pay fair and reasonable compensation for all commercial transportation resources provided pursuant to this section.
"(2) Specific requirements.--Compensation under this subsection--
"(A) shall not be less than the program participant's commercial market charges for like transportation resources;
"(B) shall be fair and reasonable considering all circumstances;
"(C) shall be provided from the time that a vessel or resource is required by the Secretary of Defense until the time it is redelivered to the program participant and is available to reenter commercial service; and
"(D) shall be in addition to and shall not in any way reflect amounts payable under section 53604 of this title.
"(g) Temporary Replacement Vessels.--Notwithstanding section 55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 10, or any other cargo preference law of the United States--
"(1) a program participant may operate or employ in foreign commerce a foreign vessel, or capacity in a foreign vessel, as a temporary replacement for a vessel of the United States or vessel of the United States capacity that is activated by the Secretary of Defense under an emergency preparedness agreement or a primary Department of Defense sealift-approved readiness program; and
"(2) such replacement vessel or vessel capacity shall be eligible during the replacement period to transport preference cargoes subject to sections 55302(a), 55304, 55305, and 55314 of this title and section 2631 of title 10, to the same extent as the eligibility of the vessel or vessel capacity replaced.
"(h) Redelivery and Liability of the United States for Damages.--
"(1) In general.--All commercial transportation resources activated under an emergency preparedness agreement shall, upon termination of the period of activation, be redelivered to the program participant in the same good order and condition as when received, less ordinary wear and tear, or the Secretary of Defense shall fully compensate the program participant for any necessary repair or replacement.
"(2) Limitation on united states liability.--Except as may be expressly agreed in
an emergency preparedness agreement, or as otherwise provided by law, the Government shall not be liable for disruption of a program participant's commercial business or other consequential damages to the program participant arising from the activation of commercial transportation resources under an emergency preparedness agreement.
"Sec. 53606. Regulations
"The Secretary and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.".
(b) Conforming Amendments.--Section 51307(b) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ", or the" and inserting ", the"; and
(ii) by inserting ", or the Strategic Commercial Fleet under chapter 536 of this title" before "to--"; and
(B) in subparagraph (A), by striking "or Tanker Security Fleet vessel" and inserting "Tanker Security Fleet vessel, or Strategic Commercial Fleet vessel"; and
(2) in paragraph (2), by striking "or 534" and inserting "534, or 536".
(c) Clerical Amendment.--The table of chapters for subtitle V of title 46, United States Code, is amended by inserting after the item relating to chapter 535 the following:
"536. Strategic Commercial Fleet..........................53601".....
SA 6455. Mr. LANKFORD 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:
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At the appropriate place, insert the following:
SEC. ___. PARENTAL BEREAVEMENT LEAVE.
Section 6329d(b)(1) of title 5, United States Code, is amended by inserting ", including any instance of the natural or spontaneous loss of an unborn child, such as through miscarriage, stillbirth, or a loss that occurs due to a medical intervention for a pregnancy emergency, such as the treatment of an ectopic pregnancy" after "of the employee".
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SA 6456. Mr. HICKENLOOPER 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:
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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, the Director of the Defense Logistics Agency Strategic Materials, and the Director of the United States Geological Survey, shall submit to the congressional defense committees 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 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.
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SA 6457. Mr. HICKENLOOPER 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:
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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 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.
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SA 6458. Mr. HICKENLOOPER 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:
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At the end of subtitle H of title V, add the following:
SEC. 587. REPORT ON INCIDENCE OF MILITARY SUICIDES BY
LOCATION AND MISSION.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall conduct a review and 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 rates of suicides in the Armed Forces disaggregated by--
(1) location and operational environment, including whether the member was serving along the southern border as part of Operation Ardent Vanguard or in the Middle East as part of operation Epic Fury; and
(2) service component.
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SA 6459. Mr. HICKENLOOPER 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:
Text printed in the Record (564 characters)
At the end of subtitle H of title V, add the following:
SEC. 587. REPORT ON INCIDENCE OF MILITARY SUICIDES BY SERVICE
COMPONENT.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall conduct a review and 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 rates of suicides in the Armed Forces disaggregated by service component.
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SA 6460. Mr. HICKENLOOPER 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:
Text printed in the Record (558 characters)
At the appropriate place in title VII, insert the following:
SEC. ___. REPORT ON IMPACT OF IMMIGRATION ENFORCEMENT ON
SERVICEMEMBER MENTAL HEALTH.
(a) Study.--The Secretary of Defense shall conduct a study on how immigration enforcement operations that have occurred since January 20, 2025, have impacted the mental health of members of the Armed Forces.
(b) Report.--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 the study conducted pursuant to subsection (a).
______
SA 6461. Mr. HICKENLOOPER 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:
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At the end of subtitle H of title V, add the following:
SEC. 587. LIMITATION ON AUTHORITY TO ELIMINATE THE 70TH
FLYING TRAINING SQUADRON OF THE UNITED STATES
AIR FORCE ACADEMY.
(a) Limitation.--The Secretary of the Air Force may not perform a covered action regarding the 70th Flying Training Squadron of the USAFA until 180 days after the day that the Secretary submits to the congressional defense committees a report described in subsection (b).
(b) Report.--A report described in this subsection is a report on covered action regarding the 70th Flying Training Squadron of USAFA. Such a report includes the following elements:
(1) An assessment of the effect of such covered action on the capacity to train cadets at USAFA, including the number of cadets so affected annually.
(2) A plan to maintain capacity described in paragraph (1) provided by the 70th Flying Training Squadron, including the retention of advanced mission sets, simulator training, and evaluator pilot functions.
(3) An analysis of alternatives to such covered action, including the reallocation of chronically vacant billets within Air Force Reserve Command.
(4) An assessment of the cost differential between continued operation of the 70th Flying Training Squadron, replacement of its functions by active-duty personnel, and replacement of its functions by contracted support.
(5) A plan to preserve the institutional knowledge and instructional capacity currently provided by aviators assigned to the 70th Flying Training Squadron or equivalent capability.
(6) A plan to sustain the 70th Flying Training Squadron until the date specified in subsection (a).
(c) Definitions.--In this section:
(1) The term "covered action" includes eliminating, deactivating, defunding, reducing the number of personnel, and reducing the number of aircraft.
(2) The term "USAFA" means the United States Air Force Academy.
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SA 6462. Mr. HICKENLOOPER 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:
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At the end of subtitle D of title XXVIII, add the following:
SEC. 2873. AUTHORIZATION FOR CERTAIN PLANNING, DESIGN, AND
CONSTRUCTION CONTRACTS IN SUPPORT OF MILITARY
SERVICE ACADEMIES.
Subchapter I of chapter 134 of title 10, United States Code, is amended by inserting after section 2246 the following new section:
"Sec. 2247. Authorization for certain planning, design, and
construction contracts in support of military service
academies
"(a) Authority.--Subject to subsection (b) and amounts made available in advance for such purpose, and pursuant to such regulations as the Secretary of Defense may prescribe, the Superintendent of a Service Academy may seek to enter into a contract with a covered foundation for the planning, design, construction, equipping, and maintenance of facilities and other projects that support the mission of such Service Academy.
"(b) Limitations.--Any contractual agreement entered into under subsection (a)--
"(1) may not make the United States Government liable to the covered foundation;
"(2) may not affect the ability of any official or employee of the military department concerned to carry out a responsibility or duty in a fair and objective manner;
"(3) may not compromise the integrity or appearance of integrity of any program of the military department concerned, or any individual involved in such a program;
"(4) shall comply with the Joint Ethics Regulation; and
"(5) shall be reviewed and approved by an attorney of the military department concerned.
"(c) Briefing.--In any fiscal year during which the Superintendent of a Service Academy exercises the authority under subsection (a), the Secretary of the military department concerned shall provide a briefing not later than the last day of that fiscal year to the Committees on Armed Services of the Senate and the House of Representatives regarding the campus improvement projects initiated during such fiscal year.
"(d) Definitions.--In this section:
"(1) The term `covered foundation' means a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect to a Service Academy, any of the following:
"(A) Recruiting.
"(B) Parent or alumni development.
"(C) Academic, leadership, or character development.
"(D) Institutional development.
"(E) Athletics.
"(2) The term `Service Academy' has the meaning given such term in section 347 of this title.".
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SA 6463. Mr. MERKLEY 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:
Text printed in the Record (4,169 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. WILDFIRE FUNDING ADJUSTMENT.
(a) Statutory Caps.--Section 251(b)(2)(F)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(F)(i)) is amended--
(1) in the matter preceding subclause (I), by striking "2027" and inserting "2037";
(2) in subclause (VII), by striking "and" at the end;
(3) in subclause (VIII), by striking the period at the end and inserting a semicolon; and
(4) by adding at the end the following:
"(IX) for fiscal year 2028, $5,000,000,000;
"(X) for fiscal year 2029, $5,250,000,000; "(XI) for fiscal year 2030, $5,515,000,000; "(XII) for fiscal year 2031, $5,800,000,000; "(XIII) for fiscal year 2032, $6,100,000,000; "(XIV) for fiscal year 2033, $6,400,000,000; "(XV) for fiscal year 2034, $6,700,000,000; "(XVI) for fiscal year 2035, $7,035,000,000; "(XVII) for fiscal year 2036, $7,400,000,000; and "(XVIII) for fiscal year 2037, $7,800,000,000.".
(b) Congressional Budget Act of 1974.--Section 314 of the Congressional Budget Act of 1974 (2 U.S.C. 645) is amended by adding at the end the following:
"(h) Adjustments for Wildfire Suppression.--
"(1) Definitions.--As used in this subsection--
"(A) the terms `additional new budget authority' and `wildfire suppression operations' have the meanings given such terms in section 251(b)(2)(F)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(F)(ii)); and
"(B) the term `covered legislative action' means that--
"(i)(I) a bill or joint resolution making discretionary appropriations for any of fiscal years 2028 through 2037 is reported;
"(II) a motion to proceed to such a bill or joint resolution is agreed to;
"(III) an amendment to such a bill or joint resolution is offered;
"(IV) an amendment between the Houses in relation to such a bill or joint resolution is laid before the Senate or the House of Representatives; or
"(V) a conference report on such a bill or joint resolution is submitted; and
"(ii) the bill, joint resolution, amendment, amendment between the Houses, or conference report described in clause (i) provides an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior.
"(2) Adjustments.--In the event of a covered legislative action, the chairman of the Committee on the Budget of the House of Representatives or the Senate shall make the adjustments referred to in paragraph (3) to reflect the additional new budget authority provided for wildfire suppression operations for the applicable fiscal year in the applicable bill, joint resolution, amendment, amendment between the Houses, or conference report and the outlays resulting therefrom, consistent with paragraph (5).
"(3) Types of adjustments.--The adjustments referred to in this paragraph consist of adjustments to--
"(A) the discretionary spending limits for that fiscal year as set forth in the most recently adopted concurrent resolution on the budget;
"(B) the allocations to the Committees on Appropriations of the Senate and the House of Representatives for that fiscal year under section 302(a); and
"(C) the appropriate budget aggregates for that fiscal year in the most recently adopted concurrent resolution on the budget.
"(4) Enforcement.--The adjusted discretionary spending limits, allocations, and aggregates under this subsection shall be considered the appropriate limits, allocations, and aggregates for purposes of congressional enforcement of this Act and concurrent budget resolutions under this Act.
"(5) Limitation.--No adjustment may be made under this subsection in excess of--
"(A) for fiscal year 2028, $5,000,000,000;
"(B) for fiscal year 2029, $5,250,000,000;
"(C) for fiscal year 2030, $5,515,000,000;
"(D) for fiscal year 2031, $5,800,000,000;
"(E) for fiscal year 2032, $6,100,000,000;
"(F) for fiscal year 2033, $6,400,000,000;
"(G) for fiscal year 2034, $6,700,000,000;
"(H) for fiscal year 2035, $7,035,000,000;
"(I) for fiscal year 2036, $7,400,000,000; and
"(J) for fiscal year 2037, $7,800,000,000.".
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SA 6464. Mr. WYDEN 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. LIABILITY FOR AIDING OR ABETTING TORTURE OR
EXTRAJUDICIAL KILLINGS.
Section 2(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note) is amended by inserting ", or aids or abets in subjecting," after "subjects" each place the term appears.
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SA 6465. Mr. KELLY (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:
Text printed in the Record (547 characters)
At the end of subtitle D of title X, add the following:
SEC. 1037. WAIVER OF CERTAIN FEES AND COSTS FOR CERTAIN
INDIAN TRIBAL MEMBERS AND RELATIVES.
Notwithstanding any other provision of law, the Secretary of Homeland Security may waive any fees and costs incurred by a member or relative of a federally recognized Indian tribe in connection with, or incidental to, the ongoing implementation of the memorandum of Support to Tribes at or near the U.S. Southwest Border, issued on December 4, 2023 by U.S. Customs and Border Protection.
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SA 6466. Mr. CORNYN (for himself and Mr. Booker) 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:
Text printed in the Record (3,179 characters)
At the end of subtitle G of title X, add the following:
SEC. __. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
Section 4303 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(C), by striking "and" after the semicolon; and
(B) by striking paragraph (2) and inserting the following:
"(2)(A) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1);
"(B) work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools; and
"(C) at the State entity's discretion--
"(i) fund a revolving loan fund or similar mechanisms for expenses under subsection (h) prior to an eligible applicant receiving reimbursement; and
"(ii) provide assistance to eligible applicants in locating and accessing a facility; and
"(3) provide pre-charter planning subgrants (in amounts of no more than $100,000 per prospective applicant) to charter school developers that--
"(A) intend to submit an application--
"(i) to an authorized public chartering agency to operate a charter school; or
"(ii) to nonprofit or public entities for the provision of financial support to such developers;
"(B) are led by educators who--
"(i) have not less than 54 months of school-based experience (which may include experience in teaching in or administering after school or summer school programs); and
"(ii) have demonstrated leadership competencies and success with students, as determined by the State entity; and
"(C) have successfully completed the development of an initial plan for opening a charter school, as evidenced by a description of the educational needs of the community in which the proposed charter school will be located and how the proposed charter school will be suited to meet those needs.";
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking "90 percent" and inserting "80 percent";
(B) in subparagraph (B)--
(i) by striking "not less than 7 percent" and inserting "not more than 10 percent"; and
(ii) by striking "and" after the semicolon;
(C) by redesignating subparagraph (C) as subparagraph (D);
(D) in subparagraph (D), as so redesignated, by striking "3 percent" and inserting "5 percent"; and
(E) by inserting after subparagraph (B) the following:
"(C) reserve not more than 5 percent of such funds to carry out the activities described in subsection (b)(3); and";
(3) in subsection (d)(1)(B), by striking "this section" and inserting "subsection (b)(1)";
(4) in subsection (e)(2), by striking "this section" and inserting "subsection (b)(1)";
(5) in subsection (f)(1)(A)(vi)--
(A) in the matter preceding subclause (I), by inserting "under subsection (b)(1)" after "program"; and
(B) in subclause (II), by striking "subgrant funds under this section" and inserting "subgrant funds under subsection (b)(1)"; and
(6) in subsection (h), in the matter preceding paragraph (1), by striking "this section" and inserting "subsection (b)(1)".
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SA 6467. Mr. CORNYN (for himself, Mrs. Blackburn, Mr. Budd, Mrs. Capito, Mr. Daines, Mr. Grassley, Ms. Lummis, and Mr. Ricketts) 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:
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At the end of subtitle G of title X, add the following:
SEC. _____. STOPPING HARMFUL AND OUTRAGEOUS TORTS ACT.
(a) Short Title.--
This section may be cited as the "Stopping Harmful and Outrageous Torts Act".
(b) Clarifying the Broad Scope of Immunity Against Qualified Civil Actions.--Section 3 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7902) is amended by striking subsection (b) and inserting the following:
"(b) Dismissal of Pending Actions.--A qualified civil liability action, including any claims asserted therein, that is pending on the date of enactment of the Stopping Harmful and Outrageous Torts Act, shall be immediately dismissed by the court in which the action was brought or is currently pending.".
(c) Updating Definitions to Halt the Spread of Frivolous Lawsuits.--Section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7903) is amended--
(1) by striking paragraph (1) and inserting the following:
"(1) Engaged in the business.--The term `engaged in the business' means devoting time, attention, and labor to the sale, manufacture, or importation of a qualified product as a regular course of trade or business.";
(2) in paragraph (2), by striking "commerce" and all that follows through the period at the end and inserting "commerce, including any owner and employee of such person";
(3) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively;
(4) by inserting after paragraph (3) the following:
"(4) Proximate cause.--The term `proximate cause' means that the plaintiff was directly injured by the allegedly unlawful conduct of the defendant.";
(5) by striking paragraph (5), as so redesignated, and inserting the following:
"(5) Qualified product.--The term `qualified product' means a firearm (as defined in subparagraph (A), (B), or (C) of section 921(a)(3) of title 18, United States Code), including any antique firearm (as defined in section 921(a)(16) of such title), ammunition (as defined in section 921(a)(17)(A) of such title), or a component part of, or an accessory intended for use with, a firearm or ammunition, including ammunition magazines or clips, optical devices, or other products intended to be included in, attached to, or used while attached to, or in conjunction with, a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce.";
(6) by striking paragraph (6), as so redesignated, and inserting the following:
"(6) Qualified civil liability action.--
"(A) In general.--The term `qualified civil liability action' means a civil action, proceeding, or administrative proceeding, or any claim asserted therein, brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from, on the basis of, arising out of, or in relation to the criminal or unlawful misuse, alteration, or modification of a qualified product by the person or a third party, under any theory of liability, including statutory claims or claims arising from tort or contract, but shall not include--
"(i) a claim brought against a transferor convicted under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted;
"(ii) a claim brought against a seller for negligent entrustment or negligence per se;
"(iii) a claim--
"(I) in which a manufacturer or seller of a qualified product knowingly violated chapter 44 of title 18, United States Code, chapter 53 of the Internal Revenue Code of 1986, the Arms Export Control Act (22 U.S.C. 2751 et seq.), or the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), or an equivalent State statute, that is intended to and exclusively imposes specific and concrete obligations on manufacturers and sellers regarding the manner in which qualified products are manufactured, distributed, or transferred to unlicensed persons;
"(II) in which the violation was a proximate cause of the harm for which relief is sought; and
"(III) that is not premised on nuisance or negligence, whether based in statute or common law;
"(iv) a claim for breach of contract or warranty in connection with the purchase of the product;
"(v) a claim for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when being lawfully used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act which meets the elements of a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or
"(vi) a claim or proceeding commenced by the Attorney General to enforce the provisions of chapter 44 of title 18, United States Code, or chapter 53 of the Internal Revenue Code of 1986.
"(B) Negligent entrustment.--As used in subparagraph (A)(ii), the term `negligent entrustment'--
"(i) means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is themself likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others; and
"(ii) does not include instances in which the harm was caused by a person who was not entrusted with the qualified product directly by the seller.
"(C) Rule of construction.--The exceptions enumerated under clauses (i) through (v) of subparagraph (A) shall be construed so as not to be in conflict, and no provision of this Act shall be construed to create a public or private cause of action, claim, or remedy.
"(D) Minor child exception.--Nothing in this Act shall be construed to limit the right of a person under 17 years of age to recover damages authorized under Federal or State law in a civil action that meets one of the requirements under clauses (i) through (v) of subparagraph (A).
"(E) Foreign state and governments.--
"(i) Definition.--The term `foreign state or government' includes any entity, agency, or instrumentality of a foreign state or government.
"(ii) Prohibition.--No foreign state or government may bring a civil action, proceeding, or administrative proceeding, or any claim asserted therein against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from, on the basis of, arising out of, or in relation to the criminal or unlawful misuse, alteration, or modification of a qualified product by the person or a third party, under any theory of liability, including statutory claims or claims arising from tort or contract, in any Federal or State court. The exceptions to immunity provided under clauses (i) through (v) of subparagraph (A) shall not apply to any claim brought by a foreign state or government and may not be asserted by any foreign state or government in any Federal or State court.".
(7) by striking paragraph (7), as so redesignated, and inserting the following:
"(7) Seller.--The term `seller', with respect to a qualified product--
"(A) means--
"(i) an importer (as defined in section 921(a)(9) of title 18, United States Code) who is engaged in the business as such an importer in interstate or foreign commerce and who is licensed to engage in business as such an importer under chapter 44 of that title;
"(ii) a dealer (as defined in section 921(a)(11) of title 18, United States Code) who is engaged in the business as such a dealer in interstate or foreign commerce and who is licensed to engage in business as such a dealer under chapter 44 of that title;
"(iii) a person engaged in the business of selling ammunition (as defined in section 921(a)(17)(A) of title 18, United States Code); or
"(iv) a person engaged in the business of selling any other qualified product in interstate or foreign commerce at the wholesale or retail level, including import and export;
"(B) includes any owner or employee of the seller; and
"(C) does not include any manufacturer.".
(d) Procedure for Removal and Dismissal.--The Protection of Lawful Commerce in Arms Act (15 U.S.C. 7901 et seq.) is amended by inserting after section 3 (15 U.S.C. 7902) the following:
"SEC. 3A. PROCEDURE.
"(a) Removal and Dismissal.--
"(1) In general.--In any action before a State court in which a defendant that is a manufacturer, seller, or trade association asserts that the action is a qualified civil liability action, the manufacturer, seller, or trade association may remove the action to the district court of the United States for the district and division embracing the place where such action is pending.
"(2) Jurisdiction.--
"(A) In general.--The district court shall have jurisdiction over an action described in paragraph (1) if the defendant seeking removal makes a colorable assertion that at least 1 of the claims is a qualified civil liability action.
"(B) Supplemental jurisdiction.--The district court may exercise supplemental jurisdiction over all other claims in the action that arise out of the same common nucleus of operative facts.
"(3) Motion to dismiss.--Upon determination by the district court that removal is proper, the defendant shall have 30 days to file a motion to dismiss.
"(4) Discretion.--The district court has the discretion to retain jurisdiction to resolve any remaining claims in the case even upon the dismissal of claims barred by the immunity granted by this Act if doing so comports with judicial economy, convenience, fairness to the parties, and comity.
"(5) Review.--An order remanding a case to the State court from which it was removed pursuant to this section shall be immediately reviewable on appeal.
"(b) Pleading.--
"(1) In general.--A claim brought against a manufacturer or seller of a qualified product, or a trade association, premised on any of the exceptions listed in clauses (i) through (vi) of section 3(6)(A) shall plead with particularity the factual allegations providing the basis for the application of the exception, including those facts necessary to establish scienter and proximate cause.
"(2) Exceptions.--A claim brought against a manufacturer or seller of a qualified product, or a trade association, premised on an exception to the immunity granted in this Act shall allege particularized facts showing that the manufacturer or seller of a qualified product, or trade association, was the proximate cause of the damages alleged. The court shall determine whether the particularized facts alleged by the plaintiff suffice to establish proximate cause as a matter of law.
"(c) Interlocutory Appeals as of Right.--A defendant shall have the right to take an immediate interlocutory appeal of an order, denying a motion to dismiss based on any provision of this Act.
"(d) Attorney's Fees for Prevailing Defendants.--A defendant who prevails in asserting the immunity granted in this Act shall be entitled to reasonable attorney's fees and court costs.".
(e) Preemption.--The Protection of Lawful Commerce in Arms Act (15 U.S.C. 7901 et seq.), as amended by subsection (d) of this section, is amended by adding at the end the following:
"SEC. 3B.
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PREEMPTION.
"The provisions of this Act expressly preempt any State and local laws (including regulations) that specifically impose liability on qualified product manufacturers, sellers, and trade associations, or that attempt to do so in a generally applicable manner insofar as the State or local law (including regulations) allows for civil actions, civil proceedings, and administrative proceedings for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal misuse, alteration, or modification of a qualified product under any theory of liability, including any statutory claim arising from tort or contract.".
______
SA 6468. Mr. CORNYN (for himself, Mr. Coons, Mr. Cruz, 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:
Text printed in the Record (11,251 characters)
At the end of title X, add the following:
SEC. ___. 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:
"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.
"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.
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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. ___. 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.--
"(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
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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. ___. 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. ___. 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.";
(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. ___.
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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. ___. 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 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. ___. 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.
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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
"(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. ___. 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. ___. 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
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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. ___. 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) 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. ___. 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. ___.
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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 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. ___. 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. ___. 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;".
SA 6469. 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:
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TITLE ___--FAIR ACCESS TO CRITICAL COMPUTING TECHNOLOGIES
SEC. ___1. DEFINITIONS.
In this title:
(1) Control.--The term "control" means, with respect to a person (referred to in this paragraph as the "controlled person"), that another person--
(A) holds, directly or indirectly, 25 percent or more of the voting interests in the controlled person;
(B) has the power to direct or cause the direction of management and policies of the controlled person; or
(C) otherwise meets the definition of control with respect to the controlled person under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) and the regulations prescribed under that section.
(2) Covered instruction set architecture.--The term "covered instruction set architecture" means an instruction set architecture for which a covered ISA provider grants royalty-bearing licenses to 2 or more unaffiliated persons for commercial or governmental use.
(3) Covered isa provider.--The term "covered ISA provider" means--
(A) any person that--
(i) designs, controls, or grants intellectual property licenses for rights to implement an instruction set architecture; and
(ii) is--
(I) not a United States person; or
(II) owned or controlled, directly or indirectly, by a foreign person; or
(B) any foreign person that owns, controls, or is under common ownership or control with a person described in subparagraph (A).
(4) Foreign person.--The term "foreign person" means any--
(A) foreign national;
(B) foreign government;
(C) foreign entity; or
(D) entity over which control is exercised or exercisable, directly or indirectly, by any foreign national, foreign government, or foreign entity.
(5) Instruction set architecture.--The term "instruction set architecture"--
(A) means a functional specification defining a programmable interface of a computer central processing unit; and
(B) includes all specifications, documentation, versions, updates, revisions, verification resources, compliance materials, reference implementations, certifications, and other information, deliverables, or materials necessary or reasonably necessary to enable full and effective implementation and commercialization of a functional specification described in subparagraph (A).
(6) United states person.--The term "United States person" means any--
(A) United States citizen;
(B) lawful permanent resident of the United States; or
(C) entity organized under the laws of--
(i) the United States; or
(ii) any jurisdiction within the United States.
SEC. ___2. FINDINGS.
Congress finds the following:
(1) Computer instruction set architectures and their associated intellectual property, specifications, documentation, and compliance resources are fundamental to the functioning and interoperability of semiconductors, computing systems, and software that are the foundation of critical infrastructure, national defense systems, and other sensitive applications.
(2) Excessive concentration of control over an instruction set architecture that has become entrenched in systems or applications described in paragraph (1) may create national and economic security vulnerabilities and undermine the national defense, including by enabling supply chain disruption, coercion, discrimination, and strategic denial against United States persons.
(3) United States semiconductor leadership is essential to the national security and economic security of the United States and requires that United States semiconductor companies and other United States persons have access to entrenched instruction set architectures on terms that are fair, reasonable, and nondiscriminatory.
(4) Critical infrastructure, national defense systems, and other sensitive applications in the United States have become substantially dependent on a limited number of instruction set architectures, and disruption of access to those instruction set architectures would impair the ability of the United States to procure, maintain, operate, and modernize systems essential to the national defense.
SEC. ___3. LICENSING OBLIGATIONS OF COVERED ISA PROVIDERS.
(a) Obligations.--
(1) In general.--A covered ISA provider shall make available any covered instruction set architecture to any United States person on licensing terms that are fair, reasonable, and nondiscriminatory in view of any licenses, implied licenses, authorizations, or equivalent rights to implement the covered instruction set architecture that the covered ISA provider has granted to any other United States person or foreign person.
(2) Contents.--A license for a covered instruction set architecture made available under paragraph (1) shall include at least those rights sufficient to permit the applicable licensee to design, make, cause to be made, use, sell, offer for sale, import, and export (subject to applicable export controls) products or services that implement the covered instruction set architecture.
(3) Prohibition.--A covered ISA provider may not exclude, foreclose, or disadvantage United States persons in the provision of license rights to any covered instruction set architecture.
(b) Exception.--Subsection (a) shall not apply to an instruction set architecture that a covered ISA provider makes available to the public through royalty-free open-source licenses.
(c) Special Rules for Licensing Disputes.--In the event of a dispute between a covered ISA provider and an existing or prospective licensee regarding the terms of a license to a covered instruction set architecture (referred to in this subsection as a "disputed license"), the following rules shall apply:
(1) Upon written notice of the dispute from the existing or prospective licensee, the covered ISA provider may not bar, delay, condition, degrade, or otherwise restrict access to that covered instruction set architecture by the existing or prospective licensee during the pendency of the dispute.
(2) Access to the covered instruction set architecture provided under paragraph (1) shall not prejudice the right of the covered ISA provider to be compensated for the use of the covered instruction set architecture by the licensee upon resolution of the license dispute.
(3) A court or other applicable tribunal hearing the dispute shall ensure that the court or tribunal, as applicable, and the parties to the dispute have complete and open access to the terms of all other licenses for a covered instruction set architecture granted by the covered ISA provider to any other person so that the court or tribunal may determine fair, reasonable, and nondiscriminatory terms for the disputed license.
SEC. ___4. PROHIBITION ON ANTI-CHALLENGE AND RETALIATORY
LICENSING PRACTICES.
(a) Anti-challenge Provisions Void.--Any provision in a license or other agreement, whether express or implied, between a covered ISA provider and a United States person that prohibits, restricts, penalizes, or otherwise limits the ability of that United States person to assert, bring, or maintain a legal challenge in a court of competent jurisdiction with respect to any intellectual property owned or controlled by the covered ISA provider, including patents, copyrights, trademarks, or other intellectual property rights, shall be void and unenforceable.
(b) Prohibition on Retaliation.--A covered ISA provider may not, directly or indirectly, retaliate against a United States person for asserting or pursuing a legal challenge described in subsection (a), including by--
(1) terminating or threatening to terminate a license or other relevant agreement;
(2) suspending, curtailing, conditioning, or otherwise limiting rights granted under that license or agreement;
(3) withholding, delaying, degrading, or refusing to perform any obligation required under that license or agreement; or
(4) taking any other action intended to deter, punish, or disadvantage the United States person for the exercise of rights under United States law.
(c) Non-waiver.--The protections of this section--
(1) may not be waived, whether by contract, agreement, course of dealing, or otherwise; and
(2) shall apply notwithstanding any contrary provision in a license or related agreement.
SEC. ____5. ENFORCEMENT AND REMEDIES.
(a) Attorney General Enforcement Authority.--The Attorney General may bring a civil action against a covered ISA provider in an appropriate district court of the United States with respect to a violation of this title by the covered ISA provider.
(b) Private Right of Action.--Any United States person aggrieved by a violation of this title, whether that United States person is an existing or prospective licensee, may bring a civil action against the applicable covered ISA provider in an appropriate district court of the United States for legal or equitable relief, including specific performance, to enforce compliance with this title.
(c) Interim Relief.--In any action brought under subsection (a) or (b)--
(1) upon a prima facie showing by a United States person of a violation of this title by a covered ISA provider, the United States person shall be entitled to a rebuttable presumption of irreparable harm for purposes of preliminary or interim equitable relief; and
(2) the court, upon weighing the traditional factors governing preliminary and interim equitable relief, may issue an order barring the applicable covered ISA provider from denying, delaying, or restricting access to the applicable covered instruction set architecture pending resolution of the action, on such terms (including the posting of a bond or other security and a requirement
that the United States person negotiate in good faith) as the court determines appropriate.
(d) Other Remedies.--In any action brought under subsection (a) or (b), upon a finding by a preponderance of the evidence that a covered ISA provider has violated this title, the court--
(1) shall issue an injunction ordering the covered ISA provider to comply with this title;
(2) may, upon request of a party to the action, issue a declaratory judgment establishing licensing terms that comply with this title; and
(3) may, if determined necessary to prevent existing or future violations of this title, require the appointment of an independent compliance monitor, at the expense of the covered ISA provider, to assess, oversee, and report to the court on the compliance with this title by the covered ISA provider.
(e) Statute of Limitations.--
(1) In general.--No civil action under this section may be commenced more than 5 years after the cause of action accrues.
(2) Calculation.--For purposes of this subsection, a continuing violation accrues anew on each day on which the violation continues.
SEC. ___6. RULES OF CONSTRUCTION.
Nothing in this title may be construed to--
(1) affect the ability of any person, other than a covered ISA provider, to design, make, cause to be made, sell, offer for sale, export, or import any product or component that utilizes a covered instruction set architecture;
(2) impose any obligation, limitation, or requirement with respect to the licensing of intellectual property by any person other than a covered ISA provider or with respect to any intellectual property other than a covered instruction set architecture; or
(3) deprive any covered ISA provider of fair compensation for the use of the intellectual property of the covered ISA provider under licensing terms determined to be fair, reasonable, and nondiscriminatory pursuant to this title.
SEC. ___7. APPLICATION.
This title shall apply--
(1) only to licensing transactions, conduct, and effects in or affecting the commerce of the United States; and
(2) to any license to a covered instruction set architecture entered into, renewed, or amended on or after the date of enactment of this Act and to any conduct occurring on or after that date of enactment with respect to a license entered into before that date.
SEC. ___8.
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TRANSITION.
A covered ISA provider shall have a period of 90 days after the date of enactment of this Act to bring existing licensing arrangements into compliance with this title.
SEC. ___9. SEVERABILITY.
If any provision of this title, or the application of such provision to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this title, and the application of such provision to other persons or circumstances, shall not be affected.
______
SA 6470. 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:
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At the appropriate place, insert the following:
SEC. ___. RETIREMENT FAIRNESS FOR CHARITIES AND EDUCATIONAL
INSTITUTIONS.
(a) Amendments to the Investment Company Act of 1940.--Section 3(c)(11) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(11)) is amended to read as follows:
"(11) Any--
"(A) employee's stock bonus, pension, or profit-sharing trust which meets the requirements for qualification under section 401 of the Internal Revenue Code of 1986;
"(B) custodial account meeting the requirements of section 403(b)(7) of such Code;
"(C) governmental plan described in section 3(a)(2)(C) of the Securities Act of 1933 (15 U.S.C. 77c(a)(2)(C));
"(D) collective trust fund maintained by a bank consisting solely of assets of one or more--
"(i) trusts described in subparagraph (A);
"(ii) governmental plans described in subparagraph (C);
"(iii) church plans, companies, or accounts that are excluded from the definition of an investment company under paragraph (14) of this subsection; or
"(iv) plans which meet the requirements of section 403(b) of the Internal Revenue Code of 1986--
"(I) if--
"(aa) such plan is subject to title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.);
"(bb) any employer making such plan available agrees to serve as a fiduciary for the plan with respect to the selection of the plan's investments among which participants can choose; or
"(cc) such plan is a governmental plan (as defined in section 414(d) of such Code); and
"(II) if the employer, a fiduciary of the plan, or another person acting on behalf of the employer reviews and approves each investment alternative offered under such plan described under subclause (I)(cc) prior to the investment being offered to participants in the plan; or
"(E) separate account the assets of which are derived solely from--
"(i) contributions under pension or profit-sharing plans which meet the requirements of section 401 of the Internal Revenue Code of 1986 or the requirements for deduction of the employer's contribution under section 404(a)(2) of such Code;
"(ii) contributions under governmental plans in connection with which interests, participations, or securities are exempted from the registration provisions of section 5 of the Securities Act of 1933 (15 U.S.C. 77e) by section 3(a)(2)(C) of such Act (15 U.S.C. 77c(a)(2)(C));
"(iii) advances made by an insurance company in connection with the operation of such separate account; and
"(iv) contributions to a plan described in clause (iii) or (iv) of subparagraph (D).".
(b) Amendments to the Securities Act of 1933.--Section 3(a)(2) of the Securities Act of 1933 (15 U.S.C. 77c(a)(2)) is amended--
(1) by striking "beneficiaries, or (D)" and inserting "beneficiaries, (D) a plan which meets the requirements of section 403(b) of such Code (i) if (I) such plan is subject to title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), (II) any employer making such plan available agrees to serve as a fiduciary for the plan with respect to the selection of the plan's investments among which participants can choose, or (III) such plan is a governmental plan (as defined in section 414(d) of such Code), and (ii) if the employer, a fiduciary of the plan, or another person acting on behalf of the employer reviews and approves each investment alternative offered under any plan described under clause (i)(III) prior to the investment being offered to participants in the plan, or (E)";
(2) by striking "(C), or (D)" and inserting "(C), (D), or (E)"; and
(3) by striking "(iii) which is a plan funded" and all that follows through "retirement income account)." and inserting "(iii) in the case of a plan not described in subparagraph (D) or (E), which is a plan funded by an annuity contract described in section 403(b) of such Code".
(c) Amendments to the Securities Exchange Act of 1934.--Section 3(a)(12)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(C)) is amended--
(1) by striking "or (iv)" and inserting "(iv) a plan which meets the requirements of section 403(b) of such Code (I) if (aa) such plan is subject to title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), (bb) any employer making such plan available agrees to serve as a fiduciary for the plan with respect to the selection of the plan's investments among which participants can choose, or (cc) such plan is a governmental plan (as defined in section 414(d) of such Code), and (II) if the employer, a fiduciary of the plan, or another person acting on behalf of the employer reviews and approves each investment alternative offered under any plan described under subclause (I)(cc) prior to the investment being offered to participants in the plan, or (v)";
(2) by striking "(ii), or (iii)" and inserting "(ii), (iii), or (iv)"; and
(3) by striking "(II) is a plan funded" and inserting "(II) in the case of a plan not described in clause (iv), is a plan funded".
(d) Conforming Amendment to the Securities Exchange Act of 1934.--Section 12(g)(2)(H) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(g)(2)(H)) is amended by striking "or (iii)" and inserting "(iii) a plan described in section 3(a)(12)(C)(iv) of this Act, or (iv)".
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SA 6471. 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:
Text printed in the Record (10,134 characters)
At the appropriate place, insert the following:
SEC. ____. GUARDING UNPROTECTED AGING RETIREES FROM
DECEPTION.
(a) Short Title.--This section may be cited as the "Guarding Unprotected Aging Retirees from Deception Act" or the "GUARD Act".
(b) Definitions.--In this section:
(1) Elder financial fraud.--The term "elder financial fraud" means the illegal or improper use of the money, property, or other resources of an elderly individual or adult with a disability for monetary or personal benefit, profit, or gain.
(2) Eligible federal grant funds.--The term "eligible Federal grant funds" means funds received under any of the following:
(A) Title IV of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (34 U.S.C. 30103 et seq.) (commonly known as the "Economic, High-Technology, White Collar, and Internet Crime Prevention National Training and Technical Assistance Program"), including relating to the use of technology to solve crimes and to facilitate prosecutions (commonly known as
the "Internet of Things (IoT) National Training and Technical Assistance Program").
(B) Title 28, Code of Federal Regulations, part 23 (commonly known as "Justice Information Sharing Training and Technical Assistance Program").
(C) Section 1401 of the Violence Against Women Act Reauthorization Act of 2022 (34 U.S.C. 30107) to a local law enforcement agency for enforcement of cybercrimes against individuals.
(D) Section 1701 title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381), relating to developing and acquiring effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime (commonly known as the "COPS Technology and Equipment Program").
(3) General financial fraud.--The term "general financial fraud" means, in order to obtain money or other things of value--
(A) intentional misrepresentation of information or identity to deceive an individual;
(B) unlawful use of a credit card, debit card, or automated teller machine; or
(C) use of electronic means to transmit deceptive information.
(4) Pig butchering.--The term "pig butchering" means a confidence and investment fraud in which the victim is gradually lured into making increasing monetary contributions, generally in the form of cryptocurrency, to a seemingly sound investment before the scammer disappears with the contributed monies.
(5) Scam.--The term "scam" means a financial crime undertaken through the use of social engineering that uses deceptive inducement to acquire--
(A) authorized access to funds; or
(B) personal or sensitive information that can facilitate the theft of financial assets.
(6) State.--The term "State" means each of the several States, the District of Columbia, and each territory of the United States.
(c) Federal Grants Used for Investigating Elder Financial Fraud, Pig Butchering, and General Financial Fraud.--
(1) In general.--State, local, and Tribal law enforcement agencies and grantees that receive eligible Federal grant funds may use such funds for investigating elder financial fraud, pig butchering, and general financial fraud, including by--
(A) hiring and retaining analysts, agents, experts, and other personnel;
(B) providing training specific to complex financial investigations, including training on--
(i) coordination and collaboration between State, local, Tribal, and Federal law enforcement agencies;
(ii) assisting victims of financial fraud and exploitation;
(iii) the use of blockchain intelligence tools and related capabilities relating to emerging technologies identified in the February 2024 "Critical and Emerging Technology List Update" of the Fast Track Action Subcommittee on Critical and Emerging Technologies of the National Science and Technology Council (the "Critical and Emerging Technology List"); and
(iv) unique aspects of fraud investigations, including transnational financial investigations and emerging technologies identified in the Critical and Emerging Technology List;
(C) obtaining software and technical tools to conduct financial fraud and exploitation investigations;
(D) encouraging improved data collection and reporting;
(E) supporting training and tabletop exercises to enhance coordination and communication between financial institutions and State, local, Tribal, and Federal law enforcement agencies for the purpose of stopping fraud and scams; and
(F) designating a financial sector liaison to serve as a point of contact for financial institutions to share and exchange with State, local, Tribal, and Federal law enforcement agencies information relevant to the investigation of fraud and scams.
(2) Report to grant provider.--Each law enforcement agency and grantee that makes use of eligible Federal grant funds for a purpose specified under paragraph (1) shall, not later than 1 year after making such use of the funds, submit to the Federal agency that provided the eligible Federal grant funds, a report containing--
(A) an explanation of the amount of funds so used, and the specific purpose for which the funds were used;
(B) statistics with respect to elder financial fraud, pig butchering, and general financial fraud in the jurisdiction of the law enforcement agency, along with an analysis of how the use of the funds for a purpose specified under paragraph (1) affected such statistics; and
(C) an assessment of the ability of the law enforcement agency to deter elder financial fraud, pig butchering, and general financial fraud.
(d) Report on General Financial Fraud, Pig Butchering, and Elder Financial Fraud.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury and the Director of the Financial Crimes Enforcement Network in consultation with the Attorney General, the Secretary of Homeland Security, and the appropriate Federal banking agencies and Federal functional regulators shall, jointly, submit to Congress a report on efforts and recommendations related to general financial fraud, pig butchering, elder financial fraud, and scams.
(e) Report on the State of Scams in the United States.--
(1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury and the Director of the Financial Crimes Enforcement Network, in consultation with the Attorney General, the Secretary of Homeland Security, and the appropriate Federal banking agencies and Federal functional regulators, shall submit a report to Congress on the state of scams in the United States that--
(A) estimates--
(i) the number of financial fraud, pig butchering, elder financial fraud, and scams committed against American consumers each year, including--
(I) attempted scams, including through social media, online dating services, email, impersonation of financial institutions and nonbank financial institutions; and
(II) successful scams, including through social media, online dating services, email, impersonation of financial institutions and nonbank financial institutions;
(ii) the number of consumers each year that lose money to 1 or more scams;
(iii) the dollar amount of consumer losses to scams each year;
(iv) the percentage of scams each year that can be attributed to--
(I) overseas actors; and (II) organized crime;
(v) the number of attempted scams each year that involve the impersonation of phone numbers associated with financial institutions and nonbank financial institutions; and
(vi) an estimate of the number of synthetic identities impersonating American consumers each year;
(B) provides an overview of the Federal civil and criminal enforcement actions brought against the recipients of the proceeds of financial fraud, pig butchering, elder financial fraud, and scams during the period covered by the report that includes--
(i) the number of such enforcement actions;
(ii) an evaluation of the effectiveness of such enforcement actions;
(iii) an identification of the types of claims brought against the recipients of the proceeds of financial fraud, pig butchering, elder financial fraud, and scams;
(iv) an identification of the types of penalties imposed through such enforcement actions;
(v) an identification of the types of relief obtained through such enforcement actions; and
(vi) the number of such enforcement actions that are connected to a Suspicious Activity Report; and
(C) identifies amounts made available and amounts expended to address financial fraud, pig butchering, elder financial fraud, and scams during the period covered by the report by--
(i) the Bureau of Consumer Financial Protection;
(ii) the Department of Justice;
(iii) the Federal Bureau of Investigation;
(iv) the Federal Communications Commission;
(v) the Board of Governors of the Federal Reserve Board;
(vi) the Federal Trade Commission;
(vii) the Financial Crimes Enforcement Network;
(viii) the Securities and Exchange Commission; and
(ix) the Social Security Administration.
(2) Solicitation of public comment.--In carrying out the report required under paragraph (1), the Secretary of the Treasury shall solicit comments from consumers, social media companies, email providers, telecommunications companies, financial institutions, and nonbank financial institutions.
(f) Report to Congress.--Each Federal agency that provides eligible Federal grant funds that are used for a purpose specified under subsection (c)(1) shall issue an annual report to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives containing the information received from law enforcement agencies under subsection (c)(2).
(g) Federal Law Enforcement Agencies Assisting State, Local, and Tribal Law Enforcement and Fusion Centers.--Federal law enforcement agencies may assist State, local, and Tribal law enforcement agencies and fusion centers in the use of tracing tools for blockchain and related technology tools.
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SA 6472. Mr. CORNYN 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:
Text printed in the Record (621 characters)
In section 342(b), add at the end the following:
(6) include an assessment, prepared in collaboration with the Federal Aviation Administration, of any security risks posed by air traffic control systems being defined, developed, tested, procured, or implemented
through the "Brand New Air Traffic Control System", including risks or vulnerabilities posed by any legal or business relationship of a supporting third party with a country listed in section 202.601 of title 28, Code of Federal Regulations (as in effect on the date of the enactment of this Act) or any entity owned or controlled by such a country.
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SA 6473. Mr. GRASSLEY (for himself and 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:
Text printed in the Record (11,486 characters)
At the appropriate place, insert the following:
SEC. ___. 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:
"(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".
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SA 6474. Mrs. SHAHEEN 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:
Text printed in the Record (970 characters)
At the end of subtitle C of title XII, insert the following:
SEC. 1230. GENERAL LICENSES AUTHORIZING SALE OF RUSSIAN OIL
NULL AND VOID.
(a) In General.--Any general license issued by the Department of the Treasury to authorize or implement the delivery or sale of crude oil or petroleum products of Russian Federation origin in effect on the date of the enactment of this Act shall be null and void unless the Secretary of the Treasury and the Secretary of State jointly certify to the appropriate congressional committees that the Russian Federation has ceased all active hostilities in or against Ukraine.
(b) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
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SA 6475. Mr. CASSIDY 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:
Text printed in the Record (448 characters)
At the appropriate place in title XI, insert the following:
SEC. __. SENSE OF CONGRESS ON LITERACY SCREENERS FOR
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY
SCHOOLS.
It is the sense of Congress that the Secretary of Defense should use amounts available for the Department of Defense Education Activity to hire literacy screeners to help identify children at schools operated by the Activity who are struggling with reading at an early age.
______
SA 6476. Mr. BANKS 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:
Text printed in the Record (5,293 characters)
At the appropriate place, insert the following:
SEC. ___. DETERMINATIONS REGARDING ENTITIES ON THE DEPARTMENT
OF DEFENSE CHINESE MILITARY COMPANY LIST.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2) Commission.--The term "Commission" means the Federal Communications Commission.
(3) Communications equipment or service.--The term "communications equipment or service" has the meaning given the term in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).
(4) Interagency body.--The term "interagency body" means an executive branch interagency body described in section 2(c)(1) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(c)(1)).
(b) Specific Determination Request.--Beginning on the date that is 30 days after the date of enactment of this Act, the Commission may, on an annual basis, request that an interagency body, including the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, as established under Executive Order 13913 (85 Fed. Reg 19643; relating to establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector), make a specific determination regarding whether communications equipment or services produced or provided by either of the following poses unacceptable risks to the national security of the United States or the safety and security of United States persons:
(1) An entity identified on the list maintained under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note).
(2) An affiliate, subsidiary, or joint venture partner of an entity described in paragraph (1).
(c) Specific Determination Required.--
(1) In general.--Not later than 180 days after the date on which an interagency body receives a request from the Commission under subsection (b), the interagency body shall make the determination requested.
(2) Requirements.--
(A) In general.--In making a determination described in paragraph (1), an interagency body shall make a specific assessment with respect to each of the entities described in subparagraph (B) and determine whether, for each of those entities, communications equipment or services produced or provided by that entity pose unacceptable risks to the national security of the United States or the safety and security of United States persons.
(B) Entities described.--An entity described in this subparagraph is each of the following (including any affiliate, subsidiary, or joint venture partner of such an entity):
(i) Hangzhou Yushu Technology Co., Ltd. (commonly known as "Unitree").
(ii) BGI Group.
(iii) MGI Tech Co., Ltd.
(iv) Quectel Wireless Solutions Co., Ltd.
(v) China Mobile Communications Group Co., Ltd.
(vi) Contemporary Amperex Technology Co., Limited (commonly known as "CATL").
(vii) BYD Co., Ltd.
(viii) WuXi AppTec Co., Ltd.
(ix) Yangtze Memory Technologies Co., Ltd. (commonly known as "YMTC").
(x) ChangXin Memory Technologies, Inc. (commonly known as "CXMT").
(3) Scope of review.--In making a specific determination under this subsection, an interagency body shall consider whether communications equipment or services produced or provided by an entity described in paragraph (2)(B)--
(A) are capable of being used to conduct surveillance, collect data, or facilitate unauthorized access to telecommunications networks of the United States or allies of the United States;
(B) contain backdoors, malicious code, or hardware vulnerabilities that could enable exploitation by a foreign adversary described in section 791.4 of title 15, Code of Federal Regulations, or any successor regulation;
(C) are subject to the laws, directives, or policies of the People's Republic of China that could compel assistance to Chinese intelligence or security services, including pursuant to the National Intelligence Law of the People's Republic of China (2017) or the Cybersecurity Law of the People's Republic of China (2017); or
(D) could otherwise pose an unacceptable risk to the national security of the United
States or the security and safety of United States persons.
(d) Treatment of Specific Determination.--After an interagency body makes a specific determination under subsection (c)--
(1) the interagency body shall--
(A) transmit that specific determination to the Commission; and
(B) submit to the appropriate congressional committees a report regarding the results of that specific determination; and
(2) if the interagency body, in that specific determination, determines that communications equipment or services produced or provided by an entity pose unacceptable risks to the national security of the United States or the safety and security of United States persons, the Commission shall add those communication equipment or services to the list published under section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601).
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SA 6477. Mr. BANKS 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. VETERANS SERVICE ORGANIZATION CONSULTATION
REQUIREMENTS FOR NATIONAL GLOBAL WAR ON
TERRORISM MEMORIAL.
(a) Definitions.--In this section:
(1) Concept design.--The term "concept design" means an initial concept design for a commemorative work, including architectural renderings and design specifications, developed by the sponsor following site approval and submitted to the National Capital Planning Commission and the Commission of Fine Arts by the Secretary under section 8905(a)(2) of title 40, United States Code, as a design submission separate from and subsequent to the site approval for the commemorative work.
(2) Concept design review.--The term "concept design review" means the review and approval of an initial concept design by the National Capital Planning Commission and the Commission of Fine Arts following submission by the Secretary under section 8905(a)(2) of title 40, United States Code, prior to the submission of a preliminary design.
(3) Covered war memorial.--The term "covered war memorial" means the National Global War on Terrorism Memorial authorized by section 2(a) of the Global War on Terrorism War Memorial Act (40 U.S.C. 8903 note; Public Law 115-51).
(4) Secretary.--The term "Secretary" means the Secretary of the Interior.
(5) Site approval.--The term "site approval" means the approval by the National Capital Planning Commission and the Commission of Fine Arts of the location for a commemorative work, which may be granted as part of a combined site and design submission or as a separate site-only submission under section 8905(a)(2) of title 40, United States Code, prior to the commencement of design development.
(6) Sponsor.--The term "sponsor" means the Global War on Terror Memorial Foundation.
(7) Veterans service organization.--The term "veterans service organization" means--
(A) any veterans service organization chartered under part B of subtitle II of title 36, United States Code; and
(B) any organization recognized under section 5902 of title 38, United States Code.
(b) Veterans Service Organization Feedback Window.--
(1) Timing.--With respect to the covered war memorial, the Secretary may not submit a concept design to the National Capital Planning Commission and the Commission of Fine Arts under section 8905(a)(2) of title 40, United States Code, until the date on which the Secretary has completed all requirements of this subsection, including the submission of the response memorandum required under paragraph (4)(B).
(2) Notice.--
(A) In general.--Before the feedback period under paragraph (3)(A) may commence, the Secretary shall submit to each veterans service organization a written notice regarding the concept design of the covered war memorial.
(B) Inclusions.--The written notice submitted under subparagraph (A) shall include, at minimum--
(i) the name and subject of the covered war memorial;
(ii) architectural renderings and design specifications comprising the concept design for the covered war memorial;
(iii) the proposed location of the covered war memorial within the Reserve (as defined in section 8902(a) of title 40, United States Code), including a site map;
(iv) a summary of any site-specific guidelines or conditions applicable to the covered war memorial established by the National Capital Planning Commission or the Commission of Fine Arts under section 8905(b)(6) of title 40, United States Code; and
(v) the name, mailing address, and electronic contact information of the National Park Service official designated to receive feedback under this section.
(3) Feedback period.--
(A) In general.--During the 90-day period beginning on the date on which the Secretary submits the notice required under paragraph (2)(A), there shall be a feedback period during which each veterans service organization may submit written feedback to the Secretary regarding the concept design of the covered war memorial.
(B) Voluntary participation.--
(i) In general.--The submission of feedback under this paragraph is voluntary.
(ii) Effect of section.--Nothing in this section requires a veterans service organization to submit feedback during the feedback period under this paragraph.
(C) Prohibition on submission.--The Secretary may not submit the concept design for the covered war memorial under section 8905(a)(2) of title 40, United States Code, until--
(i) the date on which the 90-day feedback period under subparagraph (A) has concluded; and
(ii) the Secretary has completed and submitted the response memorandum required under paragraph (4)(B).
(4) Consideration of feedback.--
(A) Review.--The Secretary, in consultation with the National Capital Memorial Advisory Commission, shall review and consider all feedback from each veterans service organization timely submitted during the feedback period under paragraph (3)(A) prior to making any submission relating to the covered war memorial under section 8905(a)(2) of title 40, United States Code.
(B) Response memorandum.--Not later than 30 days after the end of the feedback period under paragraph (3)(A), the Secretary shall prepare a written response memorandum that--
(i) summarizes feedback received, if any, from veterans service organizations;
(ii) identifies any design modifications made, or recommended to the sponsor, in response to such feedback; and
(iii) provides a written explanation for any feedback that the Secretary determined could not be incorporated into the concept design.
(C) Submission.--The Secretary shall submit the response memorandum required under subparagraph (B) and any related written feedback received under this section to--
(i) the National Capital Planning Commission;
(ii) the Commission of Fine Arts;
(iii) each veterans service organization that submitted such feedback;
(iv) the National Capital Memorial Advisory Commission;
(v) the Committee on Veterans' Affairs of the Senate;
(vi) the Committee on Veterans' Affairs of the House of Representatives;
(vii) the Committee on Energy and Natural Resources of the Senate; and
(viii) the Committee on Natural Resources of the House of Representatives.
(c) Public Availability.--The Secretary shall make publicly available on the National Park Service website--
(1) all notices submitted under subsection (b)(2);
(2) all written feedback received from veterans service organizations under subsection (b)(3); and
(3) the response memorandum required under subsection (b)(4)(B).
(d) Effect of Section.--Nothing in this section--
(1) grants any veterans service organization a right of approval, veto, or reconsideration over the design or construction of any commemorative work;
(2) requires the Secretary, the National Capital Planning Commission, the Commission of Fine Arts, or the National Capital Memorial Advisory Commission to incorporate any feedback submitted under this section into the design of a commemorative work;
(3) supersedes any requirement under chapter 89 of title 40, United States Code (commonly known as the "Commemorative Works Act"), any other applicable Federal law (including regulations), or agency guidance; or
(4) applies to any commemorative work for which the Secretary has submitted a concept design to the National Capital Planning Commission or the Commission of Fine Arts under section 8905(a)(2) of title 40, United States Code, before the date of enactment of this Act.
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SA 6478. Mrs. SHAHEEN 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1270A. ADVANCING A COMPREHENSIVE APPROACH TO ADDRESS
TRANSNATIONAL CRIME.
(a) Addressing Gaps in Law Enforcement and Anti-crime Programs.--
(1) Strategic plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State (referred to in
this section and section 1270B as the "Secretary"), acting through the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs (referred to in this section and section 1270B as the "Assistant Secretary"), shall develop and implement a strategic plan for the Bureau of International Narcotics and Law Enforcement Affairs (referred to in this section and section 1270B as the "Bureau") to expand anti-crime programming related to citizen security and the rule of law, crime and violence prevention, and other efforts to address systemic and structural drivers of transnational crime for an initial 5-year period.
(2) Scope.--Programs identified pursuant to paragraph (1) --
(A) shall include types of anti-crime programs traditionally done by other bureaus within the Department of State; and
(B) may include--
(i) community-level crime and violence prevention programs;
(ii) alternative development programs;
(iii) land titling programs; and
(iv) anti-corruption and good governance programs.
(3) Stakeholder engagement.--In developing the strategic plan under paragraph (1), and before implementing such plan and submitting the report required under paragraph (5), the Secretary shall--
(A) consult with, and incorporate suggestions from, security, law enforcement, and justice institutions of partner governments, relevant multilateral and intergovernmental entities, and relevant private sector entities, to the maximum extent practicable;
(B) consult with, and incorporate suggestions from, the appropriate congressional committees, to the maximum extent practicable;
(C) request a list from partner governments identifying resource and program gaps in anti-crime efforts following the foreign assistance review directed by the President through Executive Order 14169 (90 Fed. Reg. 8619 (January 20, 2025) relating to reevaluating and realigning United States foreign aid); and
(D) request a list of gaps and opportunities in programming described in paragraphs (1) and (2) from the chief of mission of the United States embassies in all countries that receive assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.).
(4) Prioritization.--The Secretary, acting through the Assistant Secretary, should prioritize the use of funds appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) for programs and activities identified under this subsection when International Narcotics Control and Law Enforcement funding is not available for such purpose.
(5) Report.--The Secretary, acting through the Assistant Secretary, shall include, in the first report submitted after the date of the enactment of this Act, a section containing--
(A) the strategic plan required under paragraph (1), including--
(i) a description of the initial proposed list of new anti-crime programs for the Bureau to undertake;
(ii) the identification of an initial list of priority countries for receiving such programming, which shall, to the maximum extent practicable, include countries across all the geographic regions in which the Bureau operates; and
(iii) a description of any constraints or challenges to the Bureau undertaking such programming;
(B) a timeline for implementing the strategic plan; and
(C) a description of the funds needed to implement such plan and programming during the next 5 fiscal years.
(6) Authorization of appropriations.--There is authorized to be appropriated $100,000,000 for each of the fiscal years 2027 through 2031 to implement this subsection.
(b) Public-private Partnerships.--
(1) Authorization.--The Secretary, acting through the Assistant Secretary, and in coordination with the heads of relevant Federal departments and agencies, is authorized and encouraged to pursue public-private partnerships, other research partnerships, and innovative financing mechanisms--
(A) to strengthen citizen security;
(B) to counter transnational crime; and
(C) to otherwise prevent and reduce violence and participation in illicit markets that affect United States national interests, including through initiatives at the community level.
(2) Priority focus areas.--Partnerships authorized under paragraph (1) shall prioritize, during the 5-year period beginning on the date of the enactment of this Act, efforts to address--
(A) cyber-scam centers;
(B) demand reduction matters relating to the illicit use of narcotics and other drugs, particularly fentanyl and other synthetic opioids, including monitoring and data collection regarding use of such illicit drugs;
(C) port security and maritime domain awareness;
(D) sexual and gender-based violence;
(E) alternatives to illicit drug cultivation;
(F) anti-money laundering;
(G) community-based crime and violence deterrence and prevention;
(H) rule of law, transparency, and anti-corruption; and
(I) environmental and natural resource crimes.
(3) Consultation.--In expanding the Department of State's public-private partnerships and other multi-stakeholder initiatives in the areas described in paragraph (1), the Assistant Secretary shall engage with the United Nations Office on Drugs and Crime and other entities with experience undertaking public-private partnerships related to law enforcement and anti-crime issues.
(4) Capacity building and information sharing.--The Secretary, acting through the Assistant Secretary, and in coordination with the heads of relevant Federal departments and agencies, shall collaborate with relevant stakeholders, including law enforcement agencies and other related institutions of partner governments, the private sector, and civil society--
(A) to convene capacity building and training sessions, events, and other forums to explore opportunities for public-private partnerships related to the activities described in paragraph (1) in each geographic region in which the Bureau operates; and
(B) to encourage information sharing on best practices to address such activities.
(5) Limitations.--Any public-private partnership entered into pursuant to this subsection shall comply with--
(A) international best practices on public-private partnerships; and
(B) additional guidelines and standards for best practices set by the Secretary of State, including those within section 970 of volume 2 of the Foreign Affairs Manual.
(6) Notification and briefing.--Before entering into a public-private partnership under this subsection, the Assistant Secretary shall notify and brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the activities to be undertaken under such partnership and how partner entities will be selected.
(c) Rule of Construction.--The term "anticrime purposes", with respect to the authority of the President under section 481(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(a)(4)), shall be construed to allow for the provision of assistance, including through grants to nongovernmental organizations, for efforts--
(1) to advance citizen security and the rule of law;
(2) to strengthen the capacity, accountability, and reform of foreign security, law enforcement, and justice institutions, including police, prosecutors and judges, correctional facilities, border and customs enforcement authorities, anti-corruption institutions, and other related entities;
(3) to prevent, reduce, or deter transnational crime; and
(4) to otherwise address the drivers and impacts of illicit activity, including systemic and structural drivers of violence, affecting United States national interests, including through programs that--
(A) prevent community violence and crime;
(B) provide alternatives to drug cultivation and production or other illicit activities;
(C) disarm, demobilize, or reintegrate members of criminal organizations;
(D) reduce impunity and strengthen anti-corruption and good governance frameworks;
(E) increase government presence and access to justice in conflict-affected areas;
(F) prevent and respond to sexual and gender-based violence; and
(G) address illicit arms trafficking.
(d) Modification of Assistant Secretary's Areas of Responsibility.--Section 1(c)(3)(B) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(3)(B)) is amended--
(1) in clause (ii), by inserting "law enforcement and" after "foreign";
(2) in clause (iv), by striking "human rights and women's participation issues" and inserting "human rights, women's, afrodescendents', indigenous people's, and other excluded communities' participation issues, and international humanitarian law, as applicable";
(3) in clause (v), by striking "wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes," and inserting "wildlife, timber, metals and minerals, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, cybercrime,"; and
(4) by adding at the end the following:
"(vii) Combating, in conjunction with other relevant bureaus of the Department of State and other United States Government agencies, environmental and natural resource crimes, including illegal mining, fishing, and logging and associated illicit trade.".
(e) Amendments to Chapter 8 of Part I of the Foreign Assistance Act of 1961.--Chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
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2291 et seq.) is amended--
(1) by amending the chapter header to read as follows: "INTERNATIONAL NARCOTICS CONTROL, LAW ENFORCEMENT, AND RELATED ANTICRIME MATTER"; and
(2) in section 481(a)(1)--
(A) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H), respectively;
(B) by inserting before subparagraph (B), as redesignated, the following:
"(A) It is the policy of the United States--
"(i) to assist foreign countries in preventing and combating all forms of
transnational criminal activity that threaten regional stability and undermine United States national security interests, including--
"(I) illicit narcotics production and trafficking;
"(II) arms trafficking;
"(III) illicit finance and money laundering;
"(IV) trafficking in persons;
"(V) sexual and gender-based violence;
"(VI) migrant smuggling;
"(VII) cybercrime;
"(VIII) environmental and natural resource crime;
"(IX) corruption; and
"(X) and other related conditions that enable the activities described in subclauses (I) through (IX); and
"(ii) to use United States assistance under this chapter to support efforts to strengthen civilian law enforcement, justice sector institutions, corrections systems, border and customs authorities, anti-corruption institutions, and international cooperation mechanisms to prevent, investigate, prosecute, and adjudicate crimes associated with transnational criminal activity and associated criminal networks.";
(C) in subparagraph (B), as redesignated, by adding at the end the following: "Transnational criminal organizations engaged in international narcotics trafficking have expanded their activities to other illicit markets, including human trafficking, smuggling, and environmental and natural resource crimes, which requires the United States to modify its foreign policies and programs to effectively counter international narcotics trafficking and associated criminal networks.";
(D) in subparagraph (E), as redesignated, by striking "particularly" and inserting "including"; and
(E) in subparagraph (G), as redesignated, by inserting ", environmental and natural resource crimes, and other transnational crime-related" after "narcotics".
SEC. 1270B. STRENGTHENING DEPARTMENT OF STATE REPORTING OF
TRANSNATIONAL CRIMINAL ACTIVITIES.
(a) Bureau of International Narcotics and Law Enforcement Affairs Strategy.--
(1) In general.--Not later than 180 days after the Secretary of State makes publicly available the strategic plan required under section 306 of title 5, United States Code, the Secretary shall--
(A) develop a strategic plan for the Bureau containing--
(i) all the information required under subsection (a) of such section 306; and
(ii) a separate section evaluating foreign assistance and programming carried out by the Bureau since the submission of the previous Bureau strategy and the future direction of such assistance and programming;
(B) make such strategic plan available on a publicly accessible website of the Department of State; and
(C) simultaneously notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the availability of such strategic plan.
(2) Contingency plan.--If the strategic plan for the Bureau is not made publicly available in accordance with paragraph (1)(B) before the date of the enactment of this Act, the Secretary shall comply with such paragraph not later than 180 days after such date of enactment.
(b) Elements.--The strategic plan for the Bureau required under subsection (a) shall, with respect to each geographic region in which the Bureau operates--
(1) provide a detailed assessment of--
(A) the transnational criminal and citizen security threats to United States national interests within such region;
(B) how such threats have changed since the submission of the previous Bureau strategy; and
(C) how foreign assistance, diplomatic engagement, and programming by the Bureau are designed--
(i) to promote citizen security;
(ii) to disrupt transnational criminal organizations and their illicit economies; and
(iii) to strengthen the capacity of foreign partners to counter such threats;
(2) identify priority gaps and strategic opportunities for strengthening foreign assistance and programming carried out by the Bureau;
(3) assess outcome metrics from monitoring and evaluation conducted since the submission of the previous Bureau strategic plan, and provide concrete plans to ensure such outcome assessments inform the foreign assistance program design and funding decisions of the Bureau;
(4) describe in detail the Bureau's plans for addressing--
(A) narcotics trafficking, including the trafficking of fentanyl and other synthetic drugs and precursor chemicals;
(B) environmental and natural resource crimes, including illegal logging, wildlife trafficking, illegal mining, and illegal fishing;
(C) human trafficking and migrant smuggling;
(D) ransom kidnapping and extortion;
(E) arms trafficking;
(F) money laundering;
(G) rule of law and corruption issues;
(H) drug demand reduction;
(I) cyber crime and intellectual property rights;
(J) capacity challenges faced by law enforcement, border security, and criminal justice institutions in partner countries, including civilian police and correctional facilities; and
(K) sexual and gender-based violence;
(5) identify concrete ways in which the Department of State has used the findings of the International Narcotics Control Strategy Reports submitted pursuant to section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h) since the submission of the Bureau' s previous strategic plan to inform foreign assistance program design and funding decisions by the Bureau;
(6) identify concrete ways in which the Department has used the findings regarding foreign countries' progress on anti-corruption efforts referred to in subsections (a) through (c) of section 5403 of the Combating Global Corruption Act (subtitle A of title LIV of Public Law 118-31; 22 U.S.C. 10502) that have been provided to Congress since the submission of the Bureau's previous strategic plan to inform foreign assistance program design and funding decisions by the Bureau;
(7) provide concrete examples of progress made in significantly increasing the recruitment, training and retention of women and other underrepresented communities in law enforcement positions;
(8) identify concrete ways in which the Bureau, in coordination with all other relevant Federal entities, can more effectively target drivers of organized criminal activity and recruitment at the community level, including through Bureau programs--
(A) to deter crime and violence;
(B) to support crop substitution and alternatives to illicit drug cultivation; and
(C) to support community education and rehabilitation programming;
(9) describe how foreign assistance and programming carried out by the Bureau may be used to counter malign foreign influence, including from the People's Republic of China and the Russian Federation;
(10)(A) identify and evaluate outcome metrics to assess the operations and effectiveness of the Bureau's International Law Enforcement Academies since the submission of the Bureau's previous strategic plan; and
(B) describe how such results will inform future program design and funding decisions for such Academies;
(11)(A) identify and evaluate outcome metrics to assess the operations and effectiveness of the Bureau's Narcotics Rewards Program and Transnational Organized Crime Rewards Programs since the submission of the Bureau's previous strategic plan; and
(B) describe how such results will inform future program design and funding decisions for such rewards programs; and
(12) identify concrete ways to strengthen multilateral and donor coordination to enhance the delivery and efficiency of assistance by the Bureau.
(c) Annual Program and Budget Accountability Report.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and not later than the first Monday of March of each year thereafter, the Secretary, acting through the Assistant Secretary, shall submit a program and budget accountability report for the Bureau for the preceding fiscal year to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives.
(2) Requirements.--Each report submitted pursuant to paragraph (1) shall, with respect to the preceding fiscal year--
(A) provide a breakdown, by geographic region, of countries that received funding from the INCLE account, disaggregated by amount, fiscal year, and program type;
(B) identify all programming conducted through interagency agreements described in section 632(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2392(b)), disaggregated by geographic region and implementing agency and, for such programming--
(i) identify each recipient of such support;
(ii) describe the support provided and the anticipated duration of such support; and
(iii) describe the sources and amounts of funds used to provide such support;
(C) identify how much assistance from the INCLE account was provided through interagency agreements described in section 632(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2392(b)), disaggregated by geographic region and implementing agency;
(D) identify, globally and by geographic region, to the maximum extent practicable, how much assistance from the INCLE account was obligated for addressing--
(i) narcotics trafficking, including a specific amount for addressing trafficking of fentanyl, synthetic opioids and related precursor chemicals;
(ii) environmental and natural resource crimes, disaggregated by illegal logging, wildlife trafficking, illegal mining, and illegal fishing;
(iii) human trafficking and migrant smuggling;
(iv) arms trafficking;
(v) money laundering;
(vi) rule of law and corruption issues;
(vii) drug demand reduction;
(viii) cyber crime and intellectual property rights; and
(ix) sexual and gender-based violence;
(E) identify, globally and by geographic region, how much assistance from the INCLE account was directly provided to--
(i) foreign government institutions;
(ii) intergovernmental or multilateral organizations;
(iii) locally-based nongovernmental organizations;
(iv) United States-based nongovernmental organizations;
(v) security or military contractors; and
(vi) any other implementing entity;
(F) list the amount of--
(i) law enforcement, criminal justice, border security, and other foreign personnel trained through funding from the INCLE account, disaggregated by geographic region, and the types of trainings they received, with a separate section on personnel trained by the International Law Enforcement Academies;
(ii) lethal and non-lethal equipment provided to foreign governments, disaggregated by geographic region and type of equipment provided; and
(iii) previously existing and newly created United States-vetted units in countries in which the Bureau operates;
(G) identify any foreign assistance and programming provided by the Bureau that is carried out at the subnational level, disaggregated by geographic region;
(H) identify any end-use monitoring or human rights monitoring issues that arose regarding foreign assistance and programming provided by the Bureau, disaggregated by geographic region, and how such issues were resolved;
(I) identify any provisions of law that were waived or superseded by the Bureau pursuant to the section 481(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C.
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2291(a)(4)) and provide justification for each such action;
(J) with respect to the Narcotics Rewards Program and the Transnational Organized Crime Rewards Program--
(i) identify previously existing outstanding rewards and newly issued rewards, disaggregated by geographic region of the designated target and by relevant criminal activity; and
(ii) identify--
(I) how many and which rewards led to the conviction or arrest of designated targets; and
(II) how much money was paid out to reward program participants;
(K) identify and describe any public-private partnership programming carried out by the Bureau, disaggregated by geographic region;
(L) disclose all private military and security contractors with which the Bureau collaborates, disaggregated by geographic region;
(M) identify and describe the Bureau priorities for programs for which independent evaluations will be carried out during the upcoming fiscal year, including the reasons for their selection;
(N)(i) summarize major takeaways and recommendations from program management and evaluation activities; and
(ii) describe, to the maximum extent practicable, how such results will inform program design and funding decisions by the Bureau for the upcoming fiscal year;
(O) identify--
(i) the 5 countries in each geographic region that received the highest amount of foreign assistance and programming from the Bureau; and
(ii) any other country, irrespective of geographic region, that received more than $10,000,000 in such assistance and programming; and
(P) for each country identified pursuant to subparagraph (O)--
(i) provide a country narrative that describes the major citizen security and transnational criminal challenges faced by such country;
(ii) assess--
(I) the political will of the government of such country to work with the United States to address such threats;
(II) such government's absorptive capacity; and
(III) other capacity building challenges faced by such government across law enforcement, criminal justice, and border security sectors;
(iii) identify the potential fraud risk, end use monitoring, and human rights-related challenges for the Bureau related to operating in such country;
(iv) identify all programs operated by the Bureau and, for each such program--
(I) provide an overview and details of program activity, operationalizable program goals and objectives, and outcome-based and results-oriented performance indicators and metrics for evaluating the effectiveness of such programs; and
(II) assess the progress being made to achieve program goals and objectives and any challenges affecting such achievement; and
(v) identify--
(I) any concrete assistance requested by the government of such country related to the Bureau's mission; and
(II) the Bureau's assessment of the challenges to, and merit of, providing such assistance.
(3) Form and public availability of report.--
(A) Form.--Each report required under paragraph (1) shall be submitted in unclassified form to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, but may include a classified annex to the extent necessary to protect sensitive information if an explanation is provided for why such information is required to be classified.
(B) Public availability.--The Secretary shall make the unclassified portions of each such report available to the public on a website of the Department of State.
(d) Implementation.--The Secretary, acting through the Assistant Secretary, shall promulgate and implement any polices, guidance, or procedures within the Bureau that may be necessary to comprehensively and accurately track, compile, and report the data required to be included in the report under subsection (c)(2).
______
SA 6479. Mrs. SHAHEEN 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:
Text printed in the Record (6,441 characters)
At the end of subtitle E of title XII, add the following:
SEC. 1271. REPORTING ON AND STRATEGY WITH RESPECT TO LOBITO
CORRIDOR.
(a) Establishment of Regular Reporting to Congress on United States Investment in Lobito Corridor.--
(1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter until 2031, the President should submit to the appropriate congressional committees a report on investment by the United States in the Lobito Corridor.
(2) Elements.--Each report required by subsection (a) shall include--
(A) an update on the progress of the Lobito Corridor infrastructure project that includes consolidated and up-to-date information from the Department of State, the United States International Development Finance Corporation, and the Trade and Development Agency;
(B) a strategy for United States investment in the Lobito Corridor infrastructure project and the interagency coordination underway with respect to the project;
(C) a specification of the source and amount of funds that have been obligated by the United States International Development Finance Corporation, the Trade and Development Agency, and other relevant Federal agencies to support the Lobito Corridor infrastructure project;
(D) documentation of foreign assistance provided by the United States to ensure the completion of the Lobito Corridor infrastructure project;
(E) an overview of United States coordination and investments co-financed with allies and partners and relevant multilateral financial institutions in the Lobito Corridor;
(F) a strategic communications plan that--
(i) describes in detail--
(I) the United States investments in the Lobito Corridor within Angola, the Democratic Republic of the Congo, and Zambia; and
(II) how each such investment benefits the people of the United States and the people of the country in which the investment is made; and
(ii) includes detailed data figures on how the United States investments in the Lobito Corridor--
(I) have increased, and are anticipated to increase, the access of the United States to critical minerals; and
(II) have strengthened regional supply chains;
(G) a review of how the Government of the People's Republic of China has implemented critical infrastructure projects in Angola, the Democratic Republic of the Congo, and Zambia that have led to social and environmental degradation and that could impede United States economic and strategic goals for the Lobito Corridor;
(H) an assessment of--
(i) the long-term feasibility of United States investment in the Lobito Corridor and how such investment advances United States geostrategic goals; and
(ii) the national security implications of the United States investing in critical mineral infrastructure in Angola, the Democratic Republic of the Congo, and Zambia; and
(I) a list of meetings and other engagements United States Government personnel have had with representatives of the governments of Angola, the Democratic Republic of the Congo, and Zambia with respect to the feasibility and functionality of the Lobito Corridor.
(b) Strategy on Critical Minerals Refining, Processing, and Tracing.--Not later than one year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of State, in consultation with the Chief Executive Officer of the United States International Development Finance Corporation and the Director of the Trade and Development Agency, shall submit to the appropriate congressional committees a strategy on the responsible sourcing, mining, refining, processing, and tracing of critical minerals resources that includes--
(1) details on which critical minerals are available for extraction in Angola, provided through the United States Geological Survey;
(2) an assessment of--
(A) the capacity of critical minerals in Angola to advance the national security goals of the United States;
(B) the feasibility of mid-stream mineral refinement and processing in Angola;
(C) the potential for the United States to partner with the governments of Angola, the Democratic Republic of the Congo, and Zambia with respect to critical minerals tracing and transparency;
(D) the necessary diplomatic and logistical measures needed to ensure there is an operable and transparent environment for critical minerals to be transported through the Lobito Corridor from Zambia, through the Democratic Republic of the Congo, and to Angola;
(E) the effectiveness of United States investment in the Lobito Corridor and the return on investment garnered through specific projects connected to the Lobito Corridor; and
(3) details of the strategy of the United States to enter into offtake agreements with Angola, the Democratic Republic of the Congo, and Zambia to ensure critical minerals retrieved through such agreements end up in the United States, which should include--
(A) strategic competition safeguards that--
(i) diminish the reliance of Angola, the Democratic Republic of the Congo, and Zambia on adversaries, such as the People's Republic of China; and
(ii) prevent the People's Republic of China from utilizing supply chains, railways, and ports funded by the United States for the benefit of the People's Republic of China; and
(B) responsible sourcing, tracing, and accountability measures to address corruption, labor violations, and environmental degradation in areas in which United States investment is supporting the development of the Lobito Corridor.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committees on Natural Resources, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(2) Critical mineral.--The term "critical mineral" has the meaning given that term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(3) Lobito corridor.--The term "Lobito Corridor" means the railway connecting Angola, the Democratic Republic of the Congo, and Zambia.
(4) Lobito corridor infrastructure project.--The term "Lobito Corridor infrastructure project" means the infrastructure project to rehabilitate the Lobito Corridor to facilitate the transportation of critical minerals.
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SA 6480. Mrs. SHAHEEN 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:
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At the end of subtitle B of title XII, add the following:
SEC. 1218. IMPLEMENTATION OF THE UNITED STATES-ALGERIAN
DEFENSE MEMORANDUM OF UNDERSTANDING.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall convene the Joint Military Commission and draft plans to implement the five areas of focus of the bilateral relationship, as required by the United States-Algerian Defense Memorandum of Understanding.
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SA 6481. Mrs. SHAHEEN 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. USE OF PRE-EXPOSURE PROPHYLAXIS FOR HIV/AIDS
PREVENTION AND MEDICATION.
Section 403 of the United States Leadership Against HIV/ AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673) is amended by adding at the end the following:
"(e) Use of Pre-exposure Prophylaxis for HIV/AIDS Prevention and Medication.--The Secretary of State may use funds appropriated to carry out this Act for pre-exposure prophylaxis for HIV/AIDS prevention and medication for any individual living with HIV/AIDS or at risk of contracting HIV/AIDS.".
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SA 6482. Mrs. SHAHEEN 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. INDO-PACIFIC ENERGY RESILIENCE.
(a) Authorization.--The Secretary of State, in coordination with the Secretary of Energy, is authorized to engage with relevant United States Government authorities and foreign government counterparts to identify Indo-Pacific countries with energy vulnerabilities as a result of disruptions to global energy markets or maritime energy transit routes that could compel increased energy imports from countries of concern.
(b) Promotion of Energy Diversification.--The Secretary of State, in coordination with the Secretary of Energy, shall prioritize efforts to help Indo-Pacific countries diversify existing energy sources and explore all viable, cost-effective alternatives to energy imports from countries of concern.
(c) Opportunities to Build Indo-Pacific Energy Resilience.--The Secretary of State, in coordination with the Secretary of Energy, shall identify opportunities to strengthen the domestic energy resilience and efficiency, energy security, and energy-sector capabilities of relevant countries in the Indo-Pacific.
(d) Annual Report.--Not later than 180 days after the date of the enactment of the Act, and annually thereafter for 3 years, the Secretary of State, in coordination with the Secretary of Energy, shall submit to the appropriate congressional committees a report that describes--
(1) actions taken to implement the efforts described in subsection (b);
(2) barriers to energy diversification for the identified Indo-Pacific countries from countries of concern and what steps were taken to help address barriers;
(3) whether efforts have produced or will lead to viable alternatives to energy for foreign countries to consider that are not from countries of concern; and
(4) opportunities to bolster domestic energy resilience and efficiency in the Indo-Pacific region.
(e) 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 Foreign Affairs of the House of Representatives;
(C) the Committee on Energy and Natural Resources of the Senate;
(D) the Committee on Natural Resources of the House of Representatives; and
(E) the Committee on Energy and Commerce of the House of Representatives.
(2) Countries of concern.--The term "countries of concern" has the meaning given the term in section 4872(f) of title 10, United States Code, which, as of the date of the enactment of this Act, means--
(A) the Democratic People's Republic of North Korea;
(B) the People's Republic of China;
(C) the Russian Federation; and
(D) the Islamic Republic of Iran.
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SA 6483. Mrs. SHAHEEN 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:
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At the end of subtitle A of title XII, add the following:
SEC. 1210. PROTECTING GLOBAL HEALTH.
(a) Short Titles.--This section may be cited as the "Epidemic Barrier and Outbreak Leadership Act" or the "EBOLA Act".
(b) Findings.--Congress finds the following:
(1) Infectious disease outbreaks and pandemics pose significant threats to the national security, public health, and economic well-being of the United States.
(2) The 2026 Ebola Disease outbreak in Central and Eastern Africa has rapidly spread across international borders and resulted in more than 1,000 cases of the disease.
(3) According to the Centers for Disease Control and Prevention's model scenarios, without a strong public health intervention, the current outbreak could become larger than the outbreak in West Africa from 2014 to 2016 in which more than 11,000 people died.
(4) Despite the need for continued reforms, the World Health Organization serves as the principal international body for disease surveillance, outbreak response coordination, and public health information sharing.
(5) Participation in the World Health Organization enhances the ability of the United States to monitor emerging infectious diseases, coordinate with international partners, and protect the health of the American people.
(6) On January 20, 2025, President Trump initiated the withdrawal of the United
States from the World Health Organization through Executive Order 14155 (90 Fed. Reg. 8361), which was completed on January 22, 2026.
(7) In previous public health emergencies of international concern, the United States has consistently communicated with representatives of the World Health Organization, other multilateral health agencies, and the governments of other countries to ensure United States global health funding was targeted, coordinated, and efficient.
(c) Participation in the World Health Organization.--The President, in coordination with the Secretary of State, shall--
(1) take all necessary steps for the United States to rejoin the World Health Organization not later than 30 days after the date of the enactment of this Act; and
(2) immediately collaborate with the World Health Organization to respond to the Ebola Disease outbreak in Central and Eastern Africa.
(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section, including--
(1) paying assessed contributions and any other financial obligations to restore United States membership in the World Health Organization; and
(2) supporting the response effort of the World Health Organization and other United Nations entities to the Ebola Disease epidemic in Central and Eastern Africa, including through voluntary contributions and programmatic support, in order to prevent global transmission of the virus, including transmission to the people and territory of the United States.
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SA 6484. Mrs. SHAHEEN 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1270A. SEMICONDUCTOR DIPLOMACY STRATEGY.
(a) Short Title.--This section may be cited as the "Semiconductor Diplomacy Strategy Act".
(b) Definitions.--In this section:
(1) Advanced semiconductor.--The term "advanced semiconductor" means an integrated circuit, computer, or other product classified under Export Control Classification Number 3A090, 4A090, related .z Export Control Classification Numbers, or any other functionally equivalent or substantially similar item.
(2) 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; and
(C) the Committee on Foreign Affairs of the House of Representatives.
(3) Foreign country of concern.--The term "foreign country of concern" has the meaning given the term "covered nation" in section 4872(f) of title 10, United States Code
(c) Strategy.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 2 years, the Secretary of State shall submit a strategy to the appropriate congressional committees that describes the Department of State's plan to counter illicit access by foreign countries of concern to advanced semiconductors.
(2) Elements.--The strategy required under paragraph (1) shall--
(A) identify countries functioning as hubs for data centers operated or utilized by entities affiliated with foreign countries of concern for the purpose of remotely accessing computing power that could not lawfully be exported to, or located within, a foreign country of concern;
(B) identify countries functioning as hubs for the smuggling or transshipment of advanced semiconductors that cannot otherwise be legally exported to, or located within, a foreign country of concern; and
(C) present a diplomatic engagement plan--
(i) to reduce the illicit transshipment or smuggling of advanced semiconductors; and
(ii) to reduce the number of countries operating as hubs for remote access by foreign countries of concern to otherwise restricted computing power; and
(D) identify barriers or limits to implementing the diplomatic engagement plan described in subparagraph (C).
(3) Form of strategy.--The strategy required under this subsection shall be submitted in unclassified form, but may include a classified annex.
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SA 6485. Mrs. SHAHEEN (for herself and Mr. Tillis) 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1270A. GRANTS TO UNITED STATES AGENCY FOR GLOBAL MEDIA
BROADCASTERS.
Section 305 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6204) is amended by adding at the end the following:
"(d) Grants Required.--
"(1) In general.--Pursuant to the authority under subsection (a)(5), the Chief Executive Officer shall award annual grants to Radio Free Europe/Radio Liberty, Radio Free Asia, and the Middle East Broadcasting Networks to enable such entities to carry out the purposes specified in this Act.
"(2) Grant agreements.--Grants required under paragraph (1) shall be awarded pursuant to grant agreements between the Chief Executive Officer and the respective entities that--
"(A) require grant funds to be used for activities that the Boards of Directors of such entities determine are consistent with their respective bylaws and the purposes specified in this Act and other Acts of Congress;
"(B) require such entities to comply with the requirements of this Act and other Acts of Congress; and
"(C) do not require such entities to comply with requirements other than those specified in this Act and other Acts of Congress.
"(3) Source of funds.--Grants required under paragraph (1) shall be made with funds appropriated or allocated for each of the entities referred to in such paragraph under the headings `International Broadcasting Operations' and `Broadcasting Capital Improvements' or any successor accounts appropriated for such purposes.
"(4) Use of funds.--Grant funds awarded under paragraph (1) may be used by the entities referred to in such paragraph purposes specified in this Act.
"(5) Inapplicability of other limitations.--Any otherwise applicable limitations on the purposes for which funds appropriated may be used shall not apply to grant funds awarded to the entities referred to in paragraph (1).
"(6) Timely disbursement of appropriations.--Not later than 30 days after the date of the enactment of the relevant appropriations Act, the Chief Executive Officer shall execute grant agreements, obligate and disburse in full the amounts appropriated by Congress for Radio Free Europe/Radio Liberty, Radio Free Asia, and the Middle East Broadcasting Networks.
"(7) Congressional notification.--
"(A) Defined term.--In this paragraph, the term `major grant modification' means any action that materially alters the amount, duration, scope, terms, conditions, governance structure, personnel authorities, or operational independence of a grantee.
"(B) In general.--Not later than 90 days after any proposed major grant modification under this subsection, the Chief Executive Officer shall submit a report identifying such proposed major grant modification and containing a list of the proposed changes to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives.
"(C) Contents.--Each report required under subparagraph (B) shall include--
"(i) a detailed accounting of the proposed major grant modifications;
"(ii) a rationale for each of the proposed major grant modifications; and
"(iii) an explanation of how proposed changes will not interfere with the broadcasters' professional independence and integrity.
"(D) Limitation.--No proposed major grant modification may take effect before the date that is 90 days after the submission of the report required under subparagraph (B).
"(8) Limitation on major grant modifications.--In addition to the other requirements under this Act, the Chief Executive Officer may not withhold funding, materially reduce funding, or materially condition a grant required under this subsection without first submitting a written determination, with relevant supporting documentation, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the recipient of such grant has materially violated a provision of this Act or a provision of any other Act of Congress.
"(9) Limitation on grant terminations.--In addition to the other requirements under this Act, the Chief Executive Officer may not terminate or suspend a grant required under this subsection without--
"(A) the approval of 2/3 of the members of the International Broadcasting Advisory Board; and
"(B) the prior submission of a written determination, with relevant supportive evidence, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives demonstrating that the recipient of such grant has materially violated a provision of this Act or a provision of another Act of Congress.
"(10) Private fundraising.--Radio Free Europe/Radio Liberty, Radio Free Asia, and the Middle East Broadcasting Networks may
each accept funds from non-Federal sources if such funds are vetted and approved by the grantee's Board of Directors.".
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SA 6486. Mrs. SHAHEEN (for herself, Mr. Tillis, Mr. Kaine, Ms. Slotkin, Mr. Coons, and Ms. Rosen) 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:
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At the end of subtitle D of title XII, add the following:
SEC. 1252. LIMITATION ON USE OF FUNDS TO SUPPORT VISIT BY
PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA TO
THE UNITED STATES.
(a) In General.--None of the amounts authorized to be appropriated or otherwise made available by this or any other Act may be used to support a visit of the President of the People's Republic of China to the United States until the date on which--
(1) Congress is formally notified of the pending United States sales of defense articles and defense services to Taiwan described in subsection (b); and
(2) a letter of offer and acceptance for such sale has been concluded between the appropriate officials of Taiwan and the United States.
(b) Pending United States Sales of Defense Articles and Defense Services to Taiwan Described.--The pending United States sales of defense articles and defense services to Taiwan described in this subsection are sales corresponding with the following case numbers, as of January 15, 2026:
(1) RSAT Case number 26-AD.
(2) RSAT case number 26-AO.
(3) RSAT 26-AQ.
(4) RSAT 26-AN.
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SA 6487. Mrs. SHAHEEN 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:
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At the end of title XII, add the following:
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Degrading Houthi Networks in the Horn of Africa".
SEC. 1272. SENSE OF CONGRESS.
It is the sense of Congress that degrading the Houthis support networks in the Horn of Africa is within the national security interests of the United States and will further degrade Iran's proxy terrorist network.
SEC. 1273. DEFINED TERM.
In this subtitle, 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.
SEC. 1274. STRATEGY ON COUNTERING HOUTHI SMUGGLING NETWORKS
IN THE HORN OF AFRICA.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in collaboration with the heads of other relevant Federal departments and agencies, shall--
(1) develop a strategy for identifying, degrading, and countering smuggling networks in the Horn of Africa that provide material and financial support for the Houthis;
(2) submit a copy of such strategy to the appropriate congressional committees; and
(3) initiate the implementation of such strategy.
(b) Elements.--The strategy required under subsection (a) shall include--
(1) a description of--
(A) the main smuggling routes utilized by the Houthis originating from the Horn of Africa, specifically from Somalia, Djibouti, Eritrea, or other relevant Horn of Africa countries that have domestic entities supporting smuggling networks for the Houthis;
(B) the types of materials and dual-use items which these networks are funneling to the Houthis, specifically dual-use components utilized in domestic weapons manufacturing; and
(C) which individuals, companies, or networks referred to in subparagraph (B) that are subject to United States sanctions pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and
(2) a description of the Department of State's plans to analyze how to best deter Houthi smuggling networks within the Horn of Africa.
(c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
SEC. 1275. BRIEFING AND ANNUAL REPORT ON THE IMPLEMENTATION
OF THE STRATEGY TO COUNTER HOUTHI SMUGGLING
NETWORKS IN THE HORN OF AFRICA.
(a) Briefing Required.--Not later than 90 days after the date on which the strategy required under section 1274 is due to be submitted to the appropriate congressional committees, senior officials of the Federal departments and agencies involved in the development of such strategy shall provide a briefing to the appropriate congressional committees that sets forth the plan for implementing such strategy.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State shall submit a report to the appropriate congressional committees that describes the implementation of the strategy required under section 1274, including a description of--
(A) the feasibility of imposing sanctions, including the sanctions authorized under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), to counter the Houthi networks;
(B) the extent to which the Houthis collaborate with Al-Qaeda in the Arabian Peninsula, Al-Shabaab, and other regional terrorist groups; and
(C) how the collaborations referred to in subparagraph (B) threatens the national security interests of the United States.
(2) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
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SA 6488. Mrs. SHAHEEN 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:
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At the end of subtitle B of title XII, add the following:
SEC. 1218. LIST OF INSTANCES OF POLITICAL VIOLENCE IN THE
WEST BANK.
The Secretary of State shall submit to Congress--
(1) a list of all instances of political violence that have occurred in the West Bank during the period beginning on July 19, 2024, and ending on the date of the enactment of this Act, including--
(A) attacks by Palestinians against Israelis; and
(B) attacks by Israelis, including violent extremist settlers, against Palestinians; and
(2) a list of individuals involved in such attacks whose actions may be sanctionable under existing law.
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SA 6489. Mrs. SHAHEEN 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:
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At the end of subtitle B of title XII, add the following:
SEC. 1218. ASSESSMENT OF MILITARY COOPERATION BETWEEN EGYPT
AND THE PEOPLE'S REPUBLIC OF CHINA.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, 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 an assessment of the intentions of Egypt with respect to military cooperation with the People's Republic of China, which shall take into account prior military exercises over the preceding two calendar years.
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SA 6490. Mrs. SHAHEEN 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:
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At the appropriate place in title XII, add the following:
SUBTITLE __--DEMOCRACY IN GEORGIA
SEC. 12_1. SHORT TITLES.
This subtitle may be cited as the "Mobilizing and Enhancing Georgia's Options for Building Accountability, Resilience, and Independence Act" or the "MEGOBARI Act".
SEC. 12_2. 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 Foreign Affairs of the House of Representatives; and
(D) the Committee on Financial Services of the House of Representatives.
(2) Georgia.--The term "Georgia" means the country of Georgia.
(3) NATO.--The term "NATO" means the North Atlantic Treaty Organization.
(4) Secretary.--The term "Secretary" means the Secretary of State.
SEC. 12_3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the consolidation of democracy in Georgia is critical for regional stability and United States national interests;
(2) Georgia has seen significant democratic backsliding in recent years, as evidenced by numerous independent assessments and measures;
(3) the current Georgian government is increasingly hostile towards independent domestic civil society, members of the opposition and its chief Euro-Atlantic partners while increasingly embracing enhanced ties with the Russian Federation, the People's Republic of China, and other anti-Western authoritarian regimes;
(4) the United States has an interest in protecting and securing democracy in Georgia; and
(5) the United States's decision to suspend the- United States-Georgia Strategic Partnership Commission on November 30, 2024, should remain in effect until the Government of Georgia takes measures--
(A) to end political repressions against civil society, media organizations, and members of the opposition and fully restore the constitutional rights of the Georgian people; and
(B) to uphold its constitutional obligation to advance Euro-Atlantic integration.
SEC. 12_4. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support the constitutionally stated aspirations of Georgia to become a member of the European Union and NATO, which is made clear under Article 78 of the Constitution of Georgia and is supported by the overwhelming majority of the citizens of Georgia;
(2) to continue supporting the capacity of the Government of Georgia to protect its sovereignty and territorial integrity from further Russian aggression or encroachment within its internationally recognized borders;
(3) to emphasize the importance of contributing to international efforts--
(A) to combat Russian aggression, including through restrictions on trade with Russia and the implementation and enforcement of worldwide sanctions on Russia; and
(B) to reduce, rather than increase, trade ties between Georgia and Russia;
(4) to continue supporting the ongoing development of democratic values in Georgia, including free and fair elections, freedom of association, an independent and accountable judiciary, an independent media, public-sector transparency and accountability, the rule of law, countering malign influence, and anti-corruption efforts and to impose swift consequences on individuals who are directly responsible for leading or have directly and knowingly engaged in leading actions of policies that significantly undermine those standards;
(5) to continue to support the Georgian people and civil society organizations that reflect the aspirations of the Georgian people for democracy and a future with the people of Europe;
(6) to continue supporting the right of the Georgian people to freely engage in peaceful protest, determine their future, and make independent and sovereign choices on foreign and security policy, including regarding Georgia's relationship with other countries and international organizations, without interference, intimidation, or coercion by other countries or those acting on their behalf;
(7) to call on all political parties, elected Members of the Parliament of Georgia, and officers of the Ministry of Internal Affairs of Georgia to respect the freedoms of peaceful assembly, association, and expression, including for the press, and the rule of law, and encourage a vibrant and inclusive civil society;
(8) to call on the Government of Georgia to release all persons detained or imprisoned on politically motivated grounds and drop any pending charges against them;
(9) to call on the Government of Georgia to thoroughly investigate all allegations emerging from the recent national elections, which took place on October 2024, make a determination whether the elections should be judged as illegitimate, and hold those responsible for interference in the elections; and
(10) to continue impressing upon the Government of Georgia that the United States is committed to sustaining and deepening bilateral relations and supporting Georgia's Euro-Atlantic aspirations.
SEC. 12_5. 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 Foreign Affairs of the House of Representatives;
(E) the Permanent Select Committee on Intelligence of the House of Representatives; and
(F) the Committee on Armed Services of the House of Representatives.
(2) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, 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 of State 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;
(D) includes a plan for how the United States can continue to support civil society and independent media organizations in Georgia; and
(E) 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.
(2) Form.--The report required under paragraph (1) shall be submitted in unclassified form, with a classified annex.
SEC. 12_6. SANCTIONS.
(a) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms "admission", "admitted", and "alien" have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Foreign person.--The term "foreign person" means any individual or entity that is not a United States person.
(3) Immediate family members.--The term "immediate family members" has the meaning given the term "immediate relatives" in section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C.
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1201(b)(2)(A)(i)).
(4) 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.
(5) Unites 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 within the United States.
(b) Inadmissibility of Officials of Government of Georgia and Certain Other Individuals Involved in Blocking Euro-Atlantic Integration.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall determine whether each of the following foreign persons has knowingly engaged in significant acts of corruption, or acts of violence or intimidation in relation to the blocking of Euro-Atlantic integration in Georgia:
(A) Any individual who, on or after January 1, 2014, has served as a member of the Parliament of the Government of Georgia or as a current or former senior official of a Georgian political party.
(B) Any individual who is serving as an official in a leadership position working on behalf of the Government of Georgia, including law enforcement, intelligence, judicial, or local or municipal government.
(C) Any immediate family member of an official described in subparagraph (A) or a person described in subparagraph (B) who benefitted from the conduct of such official or person.
(2) Sanctions.--The President shall impose the sanctions described in subsection (d)(2) with respect to each foreign person with respect to which the President has made an affirmative determination under paragraph (1).
(3) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall brief the appropriate congressional committees with respect to--
(A) any foreign person with respect to which the President has made an affirmative determination under paragraph (1); and
(B) the specific facts that justify each such affirmative determination.
(4) Waiver.--The President may waive imposition of sanctions under this subsection, on a case-by-case basis, if the President determines and reports to the appropriate congressional committees that--
(A) such waiver would serve national security interests; or
(B) the circumstances which caused the individual to be ineligible have sufficiently changed.
(c) Imposition of Sanctions With Respect to Undermining the Peace, Security, Stability, Sovereignty, or Territorial Integrity of Georgia.--
(1) In general.--The President may impose the sanctions described in subsection (d) with respect to each foreign person the President determines, on or after the date of the enactment of this Act--
(A) is responsible for, complicit in, or has directly or indirectly engaged in or attempted to engage in, actions or policies, including ordering, controlling, or otherwise directing acts that are intended to undermine the peace, security, stability, sovereignty, or territorial integrity of Georgia;
(B) is or has been a leader or official of an entity that has, or whose members have, engaged in any activity described in subparagraph (A); or
(C) is an immediate family member of a person subject to sanctions for conduct described in subparagraph (A) or (B) and benefited from the conduct of such person.
(2) Brief and written notification.--Not later than 10 days after imposing sanctions on a foreign person or persons pursuant to this subsection, the President shall brief and provide written notification to the appropriate congressional committees regarding the imposition of such sanctions, which shall describe--
(A) the foreign person or persons subject to the imposition of such sanctions;
(B) the activity justifying the imposition of such sanctions; and
(C) the specific sanctions imposed on such foreign person or persons.
(3) Termination of sanctions.--The President may terminate the application of a sanction authorized under this subsection with respect to a person if the President certifies to the appropriate congressional committees that--
(A) such person is no longer engaging in the activity that was the basis for the sanctions or has taken significant verifiable steps toward ceasing the activity; and
(B) the President has received reliable assurances that such person will not knowingly engage in the sanctionable activity described in subparagraph (A) in the future.
(d) Sanctions Described.--The sanctions described in this subsection are the following with respect to a foreign person described in subsection (b) or (c), as applicable:
(1) Blocking of property.--Notwithstanding the requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President shall exercise all authorities granted 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 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.--The foreign person shall be subject to the following:
(i) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
(ii) A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person's possession.
(e) 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.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (d)(2)(A) or any regulation, license, or order issued under that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International 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.
(3) Rule of construction.--Nothing in this subtitle, or any amendment made by this subtitle, may be construed to limit the authority of the President to designate or sanction persons pursuant to an applicable Executive order or otherwise pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(f) Rulemaking.--
(1) In general.--Not later than 120 days after the date of the enactment of this Act, the President shall prescribe such regulations as are necessary for the implementation of this section.
(2) Notification to congress.--Not later than 10 days before prescribing regulations pursuant to paragraph (1), the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this section that the regulations are implementing.
(g) Briefing on Sanctions Imposed With Respect to Activities Relating to Georgia.--
(1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter for the following two years, the Secretary of the Treasury and the Secretary of State, or their designees, shall jointly brief the appropriate congressional committees regarding the status of sanctions imposed with respect to Georgia, which shall identify all foreign persons that, as of the date of the briefing, have been designated or otherwise subjected to sanctions with respect to activities related to Georgia, including pursuant to the authority under subsection (c), including--
(A) the dates on which any sanctions were imposed or on which any designations were made;
(B) the reasons for imposing such sanctions or making such designations; and
(C) the legal authority under which each sanction was imposed or each designation was made.
(2) Form.--The briefing required under paragraph (1) may be provided in a classified setting.
(h) Rule of Construction Regarding Delisting Procedures Relating to Sanctions Authorized Under Other Provisions of Law.--Nothing in this section may be construed to modify the delisting procedures used by the Department of the Treasury with respect to sanctions authorized under any other executive order or provision of law.
(i) Exceptions.--
(1) Definitions.--In this subsection:
(A) 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).
(B) Good.--The term "good" means any article, natural or man-made substance, material, supply, or manufactured product, including inspection and test equipment and excluding technical data.
(C) 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).
(D) 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).
(2) Exceptions.--
(A) Exception for intelligence and law enforcement activities.--Sanctions under 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 to carry out or assist any authorized intelligence or law enforcement activities of the United States.
(B) Exception to comply with international obligations.--Sanctions under this section shall not apply with respect to a foreign person if admitting or paroling the person 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.
(C) Humanitarian assistance.--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, or humanitarian assistance, or for humanitarian purposes; or
(ii) transactions that are necessary for, or related to, the activities described in clause (i).
(j) Exception Relating to Importation of Goods.--The requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
SEC. 12_7.
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ADDITIONAL ASSISTANCE WITH RESPECT TO GEORGIA.
(a) In General.--Upon submission to Congress of the certification described in subsection (c)--
(1) the Secretary of State should seek to further enhance people-to-people contacts, academic, law enforcement, and technical assistance between the United States and Georgia; and
(2) the President, in consultation with the Secretary of Defense and the Secretary of State, should maintain military cooperation with Georgia if it is in the national security interests of the United States.
(b) Sense of Congress.--It is the sense of Congress that, after the submission of the certification described in subsection (c), if the Government of Georgia takes steps to realign itself with its Euro-Atlantic agenda, including significant changes to the foreign influence law and related laws, the end of harassment of civil society and independent media, and the release of all political prisoners, the President should take steps to improve the bilateral relationship between the United States and Georgia, including actions to bolster Georgia's ability to deter threats from Russia and other malign actors.
(c) Certification Described.--The certification described in this subsection is a certification submitted by the President to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives that Georgia has shown significant and sustained progress towards reinvigorating its democracy and advancing its Euro-Atlantic integration.
SEC. 12_8. SUNSET.
The provisions of 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.
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SA 6491. Mrs. SHAHEEN (for herself and Mr. Curtis) 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:
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At the end of title XII, add the following:
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Critical Minerals Partnership Act of 2026".
SEC. 1282. DEFINITIONS.
In this subtitle:
(1) Critical mineral.--The term "critical mineral" has the meaning given the term in section 7002 of the Energy Act of 2020 (30 U.S.C. 1606).
(2) FORGE.--The term "FORGE" means the Forum on Resource Geostrategic Engagement, established on February 4, 2026, as a successor to the Minerals Security Partnership.
SEC. 1283. STATEMENT OF POLICY ON CRITICAL MINERAL SUPPLY
CHAINS.
It is the policy of the United States--
(1) to collaborate with allies and partners of the United States to responsibly build secure and resilient critical minerals supply chains, including in the mining, processing, reclamation and recycling, and valuation of critical minerals;
(2) to prioritize the development and production of critical mineral resources domestically, including through improvement of systems for collecting and recycling critical minerals from used and discarded goods or equipment, both to supply domestic needs and for export to allies and partners that participate in secure and resilient supply chains for critical minerals;
(3) to reduce or eliminate reliance and dependence on critical mineral supply chains controlled by the People's Republic of China, the Russian Federation, Iran, or any other adversary of the United States;
(4) to work with allies and partners on enhancing evaluation capability and technology in trusted countries that produce critical minerals to avoid the export of critical minerals, or products or components that are dependent on critical minerals, that are controlled by adversaries of the United States;
(5) to identify and implement market-based incentives for the purposes of facilitating the creation and maintenance of secure and resilient critical mineral supply chains, including for reclamation and recycling of critical mineral resources from waste streams, in collaboration with allies and partners;
(6) to prioritize securing critical mineral supply chains in United States foreign policy, including through the use of economic tools to invest responsibly in projects in partner countries in a manner that both benefits local populations and bolsters the supply of critical minerals to the United States and allies and partners of the United States; and
(7) that collaboration with allies and partners to build secure and resilient critical mineral supply chains shall not replace United States efforts to increase domestic development and production or recycling of critical minerals.
SEC. 1284. INTERNATIONAL NEGOTIATIONS RELATING TO PROTECTING
CRITICAL MINERAL SUPPLY CHAINS.
(a) In General.--The President is authorized to negotiate an agreement with international partners for the purposes of establishing a coalition--
(1) to facilitate--
(A) the mining, processing, recycling, and enhanced access to the supply of critical minerals; and
(B) advanced manufacturing that relies on the practical application of critical minerals; and
(2) to secure an adequate supply of critical minerals and relevant products, manufacturing inputs, and components that are heavily dependent on critical mineral resource inputs for the United States and other members of the coalition (in this section referred to as "member countries").
(b) Negotiating Objectives.--The overall objectives for negotiating an agreement described in subsection (a) should be--
(1) to establish mechanisms for member countries to build secure and resilient supply chains for critical minerals, including in--
(A) the mining, refinement, reclamation and recycling, processing, and valuation of critical minerals; and
(B) advanced manufacturing of products, components, and materials that are dependent on critical minerals;
(2) to improve economies of scale and joint cooperation with international partners in securing access and means of production throughout the supply chains of critical minerals and manufacturing processes dependent on critical minerals;
(3) to establish mechanisms, with appropriate market-based disciplines, that provide and maintain opportunities among member countries for creating industry economies of scale to attract joint investment among those countries, including--
(A) cooperation on joint projects, including cost-sharing on building appropriate infrastructure to access deposits of critical minerals; and
(B) creation or enhancement of national and international programs to support the development of robust industries by providing appropriate sector-specific incentives, such as political risk and other insurance opportunities, financing, and other support, for--
(i) mining and processing critical minerals;
(ii) manufacturing of products, components, and materials that are dependent on critical minerals and are essential to consumer technology products or have important national security implications;
(iii) building capacities and creating incentives for recovering used, spent, or discarded equipment and consumer goods containing critical minerals to be safely handled and recycled; and
(iv) associated transportation needs that are tailored to the handling, movement, and logistics management of critical minerals and products, components, and materials that are dependent on critical minerals;
(4) to establish market-based rules for member countries regarding adoption of qualifying tax and other incentives to stimulate investment, as balanced by market-based disciplines to ensure a fair playing field among those countries;
(5) to establish recommended best practices to protect--
(A) labor rights;
(B) the natural environment and ecosystems near critical mineral industrial sites;
(C) safety of communities near critical mineral industrial activities; and
(D) supplier diversity;
(6) to advance economic growth in developing countries with critical mineral reserves and capacities for the recovery and recycling of critical minerals, including for the benefit of the citizens of those countries;
(7) to establish rules allowing for the establishment of a consortium that is resourced and empowered to bid and compete in acquiring and securing potential deposits of critical minerals in countries that are not members of the coalition described in subsection (a) (in this section referred to as "nonmember countries");
(8) to establish a mechanism for joint resource mapping with procedures for equitable sharing of information on potential deposits of critical minerals not less frequently than annually;
(9) to establish mechanisms for member countries to recognize and address environmental and related harms caused by mining operations within the territory of a member country; and
(10) to improve supply chain security among member countries by providing for national treatment investment protections among those countries that are equal to, or better than, the standards in the United States model bilateral investment treaty.
(c) Congressional Consultations Required.--In the course of negotiations described in subsection (a), the Secretary shall consult closely and on a timely basis with, and keep fully apprised of the negotiations, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(d) Rule of Construction.--Nothing in this section shall be construed to alter United States domestic law, standards, or processes applicable to critical minerals.
SEC. 1285. AUTHORIZATION OF FORUM ON RESOURCE GEOSTRATEGIC
ENGAGEMENT.
(a) In General.--The Secretary of State, acting through the Under Secretary of State for Economic Growth, Energy, and the Environment, is authorized to lead United States participation in FORGE, for the following purposes:
(1) To identify and support investment and advocate for commercial critical mineral mining, processing, and refining projects that enable robust and secure critical mineral supply chains, in consultation with other Federal agencies, as appropriate.
(2) To coordinate with relevant regional bureaus to develop regional diplomatic engagement strategies related to critical minerals projects and to identify projects that are priorities.
(3) To coordinate with United States missions abroad on projects, programs, and investments that enable robust and secure critical mineral supply chains.
(4) To coordinate with current and prospective members of FORGE.
(5) To establish a mechanism for information-sharing with members of FORGE.
(6) To establish policies and procedures, and if necessary, to provide funding to facilitate cooperation on joint projects with members of FORGE and the successor to the Minerals Security Forum, including those related to cost-sharing agreements, political
risk insurance, financing, equity investments, and other support, in coordination with other Federal agencies, as appropriate.
(7) If an agreement described in section 1284 is entered into, to support the establishment of the coalition described in that section.
(b) Database.--As part of the FORGE initiative, the Secretary, acting through the Under Secretary, is authorized to establish and maintain a database of FORGE projects for the purpose of providing high quality and up-to-date information to the private sector and, at the discretion of the Under Secretary, to members of FORGE, in order to spur greater investment, increase the resilience of global critical minerals supply chains, and boost United States supply.
(c) Qualifications for Personnel.--With respect to staffing personnel to carry out FORGE, the Secretary shall prioritize individuals with the following qualifications:
(1) Substantive knowledge and experience in issues related to critical minerals supply chain and their application to strategic industries, including in the defense, energy, and technology sectors.
(2) Substantive knowledge and experience in large-scale multi-donor project financing and related technical and diplomatic arrangements, international coalition-building, and project management.
(3) Substantive knowledge and experience in trade and foreign policy, defense industrial base policy, or national security-sensitive supply chain issues.
(d) Private Sector Coordination.--The Secretary shall ensure close coordination between the Department of State, the private sector, and relevant civil society groups on the implementation of this section.
(e) Project Selection.--
(1) In general.--The United States, through its participation in FORGE, shall prioritize projects that advance the national and economic security interests of the United States and allies and partners of the United States.
(2) Criteria requirements.--The United States should advocate for FORGE to use environmental, human rights, and anticorruption standards, including as criteria for project selection, that are consistent with United States law or international agreements approved by Congress.
SEC. 1286. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL
NICKEL STUDY GROUP.
(a) United States Membership.--The President is authorized to accept the Terms of Reference of and maintain membership of the United States in the International Nickel Study Group.
(b) Payments of Assessed Contributions.--For fiscal year 2026 and thereafter, the United States assessed contributions to the International Nickel Study Group may be paid from funds appropriated for "Contributions to International Organizations".
SEC. 1287.
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REPORT ON CRITICAL MINERAL SUPPLY CHAINS AND
DIPLOMATIC TOOLS.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a report on priority critical minerals and existing diplomatic tools for advancing the critical minerals policies of the United States.
(b) Elements.--The report required by subsection (a) shall--
(1) identify, as priority critical minerals, minerals--
(A) that are essential inputs into products critical for national security; and
(B) the supply of which are highly concentrated in or controlled by one country;
(2) assess the key opportunities and challenges related to each priority critical mineral identified under paragraph (1);
(3) describe the financial, commercial, and development assistance tools and resources available to advance the critical mineral policies of the United States;
(4) describe mechanisms of the United States Government available as of the date of the enactment of this Act to support diplomatic efforts, including FORGE, to promote the diversification of critical mineral supply chains; and
(5) identify the key multilateral institutions engaged on critical mineral issues and describe the participation of the United States in those institutions.
(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1288. UNITED STATES DIPLOMATIC STRATEGY FOR SECURING
CRITICAL MINERALS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall develop a strategy for securing the supply chains of a diverse set of critical minerals.
(b) Elements.--The strategy required by subsection (a) shall--
(1) include--
(A) a review of the roles and responsibilities of offices and positions within the Department of State engaged, as of the date of the enactment of this Act, in efforts to secure critical mineral supply chains; and
(B) processes to ensure that those offices coordinate and deconflict those efforts;
(2) leverage utilization of United States financial, commercial, and development assistance tools and resources to advance the critical mineral policies of the United States;
(3) include targeted engagement plans for both countries that are allies and partners of the United States and countries with significant proven and estimated deposits of or processing capacity for minerals critical to national security interests, including utilizing whole-of-government tools and resources to support those countries beyond critical mineral projects;
(4) provide for coordination with relevant Federal agencies to consider restrictions on imports of critical minerals to address both price volatility and incentivize sourcing from trusted suppliers;
(5) strengthen collaboration with countries that are allies and partners of the United States, and leverage the participation of the United States in the key multilateral institutions engaged on critical mineral issues, in order to diversify the United States supply chain of critical minerals and encourage the participation of the United States in international boards, projects, and standard-making bodies;
(6) extend the diplomatic and commercial advocacy support of the United States to private sector entities throughout critical mineral supply chains; and
(7) facilitate coordination with countries that are allies and partners of the United States--
(A) to identify best practices and develop coordinated standards for critical mineral projects;
(B) to protect against inhumane labor practices; and
(C) to minimize adverse environmental and social impacts from the critical minerals supply chain.
(c) Briefing Required.--Not later than 210 days after the date of the enactment of this Act, the Secretary shall brief the appropriate congressional committees on the strategy developed under subsection (a).
(d) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1289. ESTABLISHMENT OF DIPLOMATIC TOOL TO SUPPORT UNITED
STATES PRIVATE SECTOR CRITICAL MINERAL PROJECTS
ABROAD.
(a) Sense of Congress.--It is the sense of Congress that United States private sector entities competing for critical mineral projects abroad need support from the United States Government.
(b) Support.--The Secretary of State shall identify an appropriate official or office of the Department of State to establish a mechanism and process for the United States to provide support for critical mineral projects abroad. Such support may include--
(1) a mechanism for certifying that critical mineral projects uphold labor rights and minimize environmental impacts; and
(2) a process for United States private sector entities to engage with United States embassies in foreign countries for support when pursuing critical mineral projects in such countries.
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SA 6492. Mrs. SHAHEEN (for herself and Mr. Cruz) 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. VERTICAL GAS CORRIDOR ENERGY INFRASTRUCTURE
COOPERATION.
(a) Authorization.--The Secretary of State, in coordination with the Secretary of Energy, is authorized to enter into cooperative agreements to support and enhance dialogue and plan international partnerships between the United States and Greece, Bulgaria, Romania, Hungary, Slovakia, Moldova, Serbia, North Macedonia, Ukraine, Poland, and other relevant countries, to advance the development of the Vertical Gas Corridor, facilitate United States energy exports and support diversification from Russian energy sources.
(b) Energy Cooperation With Ukraine.--The Secretary of State, in coordination with the Secretary of the Energy, is authorized to utilize the Vertical Gas Corridor project to support the integration of Ukraine's natural gas transmission and storage infrastructure into regional energy markets and post-conflict reconstruction efforts. Such support should include exploring opportunities to leverage cooperation with Ukraine in transmission and energy storage infrastructure to reduce the reliance on Russian coal and natural gas and deliver affordable energy solutions across Central and Eastern Europe.
(c) United States-European Energy Diversification Center.--Not later than one
year after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Energy, may establish a joint United States-European Energy Diversification Center in the United States to leverage the experience, knowledge, and expertise of institutions of higher education, entities in the private sector, and relevant foreign governments and bodies, among other entities, for the purpose of furthering dialogue and collaboration on long-term energy diversification and infrastructure projects to enhance energy resilience in Europe. Such establishment should include broadening the Vertical Gas Corridor to include related clean energy, electricity, telecommunication and data connectivity infrastructure projects and also consider coordination with regional and European Union officials on any necessary regulatory and permitting actions to facilitate enhanced energy trade. The Center may model the Eastern Mediterranean Energy Center authorized in section 204 of the Eastern Mediterranean Security and Energy Partnership Act of 2019 (title II of division J of Public Law 116-94; 133 Stat. 3051).
(d) Annual Reports.--If the Secretary of State, in coordination with the Secretary of Energy, enters into agreements authorized under subsection (a), the Secretary of State and the Secretary of Energy shall submit an annual report to the appropriate congressional committees that describes--
(1) actions taken to implement such agreements;
(2) any projects undertaken pursuant to such agreements;
(3) procurement practices related to projects, including certification that open, fair, competitive, and transparent procedures were used in advancing any such agreements or projects;
(4) efforts undertaken by participating countries to reduce dependence on Russian-origin energy commodities;
(5) any United States funds or technical assistance provided by the United States to facilitate the cooperative agreement and its implementation; and
(6) any efforts to coordinate with the United States International Development Finance Corporation, the United States Trade and Development Agency, the Export-Import Bank, and other relevant Federal agencies on projects that support any agreement.
(e) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of Representatives;
(3) the Committee on Energy and Natural Resources of the Senate;
(4) the Committee on Natural Resources of the House of Representatives; and
(5) the Committee on Energy and Commerce of the House of Representatives.
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SA 6493. Mrs. SHAHEEN 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:
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At the appropriate place, insert the following:
SEC. _1. ANNUAL REPORT ON FOREIGN MALIGN INFLUENCE
ACTIVITIES.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five years, the President, in coordination with the heads of relevant departments and agencies, shall submit to Congress a report that includes the following:
(1) An assessment of the threats posed by foreign malign influence activities targeting the United States or its allies and partners conducted by the Russian Federation, the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, and the Republic of Cuba.
(2) A description of significant foreign malign influence activities by foreign adversaries identified during the preceding year, including activities conducted through--
(A) coordinated inauthentic behavior, adversarial propaganda, and malign influence campaigns;
(B) cyber-enabled information operations;
(C) cognitive, psychological, or behavioral influence activities;
(D) covert, proxy, or state-sponsored media operations; and
(E) artificial intelligence-enabled capabilities, including generative artificial intelligence systems, synthetic media, deepfakes, automated content generation, and other emerging technologies.
(3) An assessment of significant incidents undertaken by foreign adversaries during the preceding year involving foreign-sponsored influence operations targeting democratic institutions, elections, government decision-making, critical infrastructure, public opinion, or societal cohesion in the United States and allied and partner nations.
(4) An analysis of emerging trends, tactics, techniques, and procedures employed by foreign adversaries to conduct foreign malign influence activities, including the integration of artificial intelligence, cyber capabilities, proxy networks, state-owned media, and other instruments of national power.
(5) An assessment of vulnerabilities within the United States and allied nations that may be exploited by foreign malign influence campaigns.
(6) An evaluation of the effectiveness of United States Government efforts to identify, expose, deter, counter, and mitigate foreign malign influence activities.
(7) A description of coordination among relevant departments and agencies.
(8) Recommendations for legislative, diplomatic, informational, intelligence, economic, technological, or other actions necessary to counter existing and emerging foreign malign influence threats.
(b) Form.--
(1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(2) Public availability.--The unclassified portion of each report required by subsection (a) shall be made publicly available on an internet website of the Federal Government not later than 30 days after submission to Congress.
SEC. _2. ESTABLISHMENT OF ADVERSARIAL PROPAGANDA WATCHER
PROGRAM.
(a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish a program, to be known as the "Adversarial Propaganda Watchers Program", within the Department of State to strengthen the capacity of the United States to monitor, expose, and respond to efforts by foreign malign actors to manipulate local information environments in a manner contrary to the interests of the United States and partner governments.
(b) Functions.--The Adversarial Propaganda Watchers Program shall--
(1) identify, monitor, and analyze foreign malign operations conducted by the Russian Federation, the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, and the Republic of Cuba;
(2) strengthen the capacity of the United States Government to engage with host governments, other partner governments, and regional and international organizations and institutions to coordinate responses to adversarial propaganda, coordinated inauthentic behavior, and malign influence operations; and
(3) support capacity-building for partner countries, including through nongovernmental entities, to detect and respond to adversarial propaganda, coordinated inauthentic behavior, and malign influence operations.
(c) Placement.--In carrying out the Adversarial Propaganda Watchers Program, the Secretary of State shall place officers in select United States diplomatic and consular posts in high-risk partner countries who have sufficient subject matter expertise, language skills, and training to effectively carry out the functions described in subsection (b).
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SA 6494. Mrs. SHAHEEN (for herself and Mr. Grassley) 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:
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Subtitle F--Exchange Stabilization Fund Transparency Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Exchange Stabilization Fund Transparency Act".
SEC. 1282. DEFINITIONS.
In this subtitle:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" 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.
(2) Exchange stabilization fund.--The term "Exchange Stabilization Fund" means the stabilization fund established under section 5302(a) of title 31, United States Code.
(3) Foreign entity.--The term "foreign entity" means an entity that is not organized under the laws of the United States or any jurisdiction within the United States.
(4) Government of a foreign country.--The term "government of a foreign country"--
(A) means--
(i) any subdivision, agency, or instrumentality of that government; and
(ii) any entity owned or controlled by that government; and
(B) includes a central bank of the foreign country.
SEC. 1283. LIMITATION ON USE OF EXCHANGE STABILIZATION FUND
TO AID FOREIGN COUNTRIES.
(a) Notification Required.--Not less than 24 hours before the Secretary of the Treasury commits to providing assistance to a foreign entity or the government of a foreign country using the Exchange Stabilization Fund, including through the establishment of currency swap lines, the purchase of local currency or sovereign debt of a foreign country, or the extension of any credit instrument, the Secretary, in consultation with the Secretary of State as appropriate, shall submit to the appropriate committees of Congress a notification of the intention to provide that assistance.
(b) Elements.--A notification submitted to the appropriate committees of Congress under subsection (a) with respect to assistance to be provided to a foreign entity or the government of a foreign country shall, to the extent such information is available, include--
(1) a detailed description of the nature, amount, duration, and specific terms of the assistance;
(2) a detailed description of why providing the assistance advances the national interests of the United States, including--
(A) an explanation of whether the economy of the foreign country is important to the United States or global economy or financial system and, if so, why; and
(B) an assessment of the impact of not providing the assistance;
(3) a detailed description of engagement the United States Government has undertaken as of the date of the notification, or is planning to undertake, with the International Monetary Fund and other international financial institutions, the private sector, and the governments of countries that are partners of the United States to provide financial assistance to the foreign country;
(4) any risk assessment for the foreign country prepared by agencies of the United States Government relating to the provision of the assistance and the associated interest premium and an explanation of how the risk assessment affected the decision to use the Exchange Stabilization Fund;
(5) an assessment of the impact that providing the assistance will have on reserves within the Exchange Stabilization Fund, including on reserves of United States dollars, foreign currencies, and Special Drawing Rights;
(6) a statement of any conditions that the United States Government is imposing on use of the assistance with respect to--
(A) increasing the likelihood of repayment; and
(B) the fiscal or economic policies of the foreign country;
(7) an explanation for why the conditions described in paragraph (6) were imposed or, if no such conditions were imposed, an explanation for why not;
(8) an assessment of the expected repayment to the United States of the assistance and the likelihood that the government of the foreign country will default on its international obligations following the provision of the assistance;
(9) a timeline agreed to for repayment of the assistance, if applicable;
(10) a description of any other safeguards put in place to protect United States taxpayer resources; and
(11) if any information required by paragraphs (1) through (10) to be included in the notification is unavailable at the time of the submission of the notification, an estimate, not to exceed 14 days, of when that information will be provided to the appropriate committees of Congress.
(c) Notification Update.--The Secretary of the Treasury shall provide to the appropriate committees of Congress in writing any information relating to providing assistance described in subsection (a) that was not available at the time the Secretary submitted the notification required by that subsection on the earlier of--
(1) the date that is 14 days after the Secretary commits to using the Exchange Stabilization Fund to provide the assistance; or
(2) the first date on which the Secretary has used at least $500,000,000 from the Exchange Stabilization Fund to provide the assistance.
(d) Form of Notification.--The information required by subsections (b) and (c) shall be submitted in unclassified form, but may include a classified annex as necessary to protect sensitive information if an explanation is provided for why the information is required to be classified.
(e) Briefing Required.--Not later than 7 days after the Secretary of the Treasury commits to using the Exchange Stabilization Fund to provide assistance described in subsection (a) or otherwise significantly intervenes in international financial markets, including through the substantial purchase of foreign currency, the Secretary, in consultation with the Secretary of State as appropriate, shall provide a briefing to the appropriate committees of Congress.
(f) Retroactive Transparency.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State as appropriate, shall submit to the appropriate committees of Congress a report that includes, for each instance in which assistance described in subsection (a) was provided to a foreign entity or the government of a foreign country during the 4-year period preceding such date of enactment--
(1) all of the information required, by paragraphs (1) through (10) of subsection (b), to be included in a notification submitted under subsection (a);
(2) a copy of any and all written agreements between the United States and the foreign entity or the government of the foreign country, as the case may be, related to the assistance;
(3) a description of the status of the assistance, including whether the assistance is ongoing or has terminated; and
(4) a determination of whether additional assistance using the Exchange Stabilization Fund is likely to be required by the foreign entity or the government of the foreign country, as the case may be, in the 2-year period following such date of enactment.
SEC. 1284. MODIFICATION OF EXISTING EXCHANGE STABILIZATION
FUND DISCLOSURE.
Any information provided to a committee of Congress under section 5302(c)(1) of title 31, United States Code, relating to an agreement or transaction with a foreign entity or the government of a foreign country shall also be provided to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House.
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SA 6495. Mrs. SHAHEEN 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:
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SEC. 12__. AUTHORIZATION FOR DIRECT LOANS AND LOAN GUARANTEES
FOR UKRAINE F-16 FIGHTER JETS.
(a) Authorization.--The Secretary of State is authorized to provide to Ukraine direct loans or loan guarantees for the purpose of financing the procurement of not fewer than 24 new F-16 fighter aircraft and related defense services pursuant to section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(b) Loan Rate and Repayment Authority.--The Secretary of State is authorized to establish the rate of interest, repayment schedule, and repayment terms applicable to direct loans authorized under subsection (a).
(c) Conditions and Limitations.--Except as authorized in subsection (b), any direct loan or loan guarantee authorized under subsection (a) shall be subject to--
(1) the terms, conditions, eligibility requirements, and limitations set forth in section 23 of the Arms Export Control Act (22 U.S.C. 2763);
(2) such additional terms and conditions as the Secretary of State may prescribe; and
(3) the availability of funds appropriated by Congress for purposes of this section.
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SA 6496. Mrs. SHAHEEN 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:
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SEC. 10___. DIPLOMATIC RELATIONS WITH BELARUS.
(a) Statement of Policy.--It is the policy of the United States to not undertake any relaxation of sanctions imposed with respect to Belarus, nor pursue any significant normalization of diplomatic, economic, or other bilateral relations with the Government of Belarus, until the Secretary of State certifies to the appropriate congressional committees that, during the preceding 180 days, the Government of Belarus has ceased providing support for, facilitating, accommodating, or otherwise enabling the Russian Federation's war against Ukraine.
(b) Strategic Dialogue With the Belarusian Democracy Movement.--
(1) Strategic dialogue.--The Secretary of State shall host a strategic dialogue with the Belarusian democratic movement not less frequently than annually.
(2) Central objective.--The annual strategic dialogue with the Belarusian democratic movement shall seek--
(A) to consider the efforts needed to return to democratic rule in Belarus, including the efforts needed to support free and fair elections in Belarus;
(B) to support the day-to-day functions of the Belarusian democratic movement, which represents the legitimate aspirations of the Belarusian people;
(C) to ensure that Belarusians living outside the territory of Belarus have adequate access to essential government services;
(D) to respond to the political, economic, and security impacts of events in Belarus and Russia on neighboring countries and the wider region;
(E) to ensure accountability, including through sanctions, for the regime of Aleksandr Lukashenko for its human rights abuses and support for Russia's war of aggression in Ukraine;
(F) to facilitate the release of political prisoners and other wrongfully detained individuals in Belarus, including journalists; and
(G) to support Belarusian language and cultural programs, including--
(i) by supporting Belarusian language independent media programs and Belarusian civil society; and
(ii) through efforts to restore democracy and the regular function of democratic institutions in Belarus.
(c) Assessing Potential Diplomatic Facilities in Belarus.--
(1) Report.--Not later than 180 days before reopening a United States Embassy in Minsk, Republic of Belarus, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that includes--
(A) an assessment of the number of political prisoners remaining in Belarusian jails;
(B) a description of how opening a United States diplomatic facility in Minsk will advance efforts to support political prisoners and the Belarusian democratic movement;
(C) a description of the Republic of Belarus' facilitation of sanctions evasion by the Russian Federation, including the status of United States enforcement efforts;
(D) a description of the scope of the Russian Federation's military presence in the Republic of Belarus and Belarusian authorities' facilitation of Russian military actions against Ukraine; and
(E) a description of United States plans to open an embassy in Belarus and ensure the safety of United States diplomatic personnel.
(2) Form.--The report required under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex.
(3) Restriction.--The United States Government may not reopen diplomatic facilities in the Republic of Belarus until after the Secretary of State has--
(A) provided assurances to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the durability of the United States - Belarus Democratic Movement Strategic Dialogue referred to in subsection (a);
(B) convened the Dialogue at least once during the preceding 6-month period; and
(C) provided written plans to the committees referred to in subparagraph (A) for future convenings of the Dialogue.
(d) Report on Belarus Facilitation of Russia's War in Ukraine.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Director of National Intelligence and the Secretary of Defense, shall submit to the appropriate congressional committees a classified report assessing--
(1) the nature and extent of political, military, intelligence, logistical, economic, and other support provided by the Government of Belarus to the Russian Federation that has facilitated Russia's war against Ukraine;
(2) the extent to which Belarusian territory, airspace, military facilities, transportation networks, communications infrastructure, and other sovereign assets have been used by the Russian Federation to launch, facilitate, sustain, and support military operations against Ukraine, including missile, drone, air, cyber, and other attacks; and
(3) Belarusian support for, participation in, or facilitation of, Russian information operations, influence campaigns, disinformation efforts, cyber-enabled activities, and other actions intended to undermine Ukraine, the North Atlantic Treaty Organization, the United States, or United States partner governments.
(e) Belarus' Role in the Russian Federation's Abduction of Ukrainian Children.--
(1) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that includes--
(A) a description of Belarus' historic and ongoing role in facilitating--
(i) the abduction of Ukrainian children by the Russian Federation; and
(ii) the return of Ukrainian children who have been abducted by the Russian Federation;
(B) an assessment of how many abducted Ukrainian children--
(i) remain in the Russian Federation or in Ukrainian territory temporarily occupied by the Russian Federation; or
(ii) remain present on the territory of Belarus; and
(C) a description of the extent to which Belarusian authorities are cooperating with efforts to facilitate the return of the children referred to in subparagraph (B)(ii) to Ukraine.
(2) Form.--The report required under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex.
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SA 6497. Mrs. SHAHEEN 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:
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SEC. 1229A. CLASSIFIED BRIEFINGS ON THE POLICY OF THE UNITED
STATES ON THE NORTH ATLANTIC TREATY
ORGANIZATION.
(a) In General.--Not later than June 30, 2027, and again not later than December 15, 2027, the Under Secretary of Defense for Policy for the Department of Defense and the Under Secretary of Political Affairs for the Department of State shall jointly provide the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives with a classified briefing on the policy of the United States on the North Atlantic Treaty Organization, including with respect to--
(1) the implementation of the national defense strategy as it relates to the North Atlantic Treaty Organization and the United States European Command;
(2) recent changes in United States force posture and anticipated changes in United States force posture within the area of responsibility of the United States European Command;
(3) progress made by the United States Government in meeting the five percent defense spending commitment, as agreed to by all allies at the 2025 Hague Summit, including efforts to meet the 1.5 percent investment in infrastructure and resilience, and a description expenses that qualify toward meeting such commitment; and
(4) United States policy coordination on relevant policy issues, including hybrid warfare, cyber, space, technology, nonproliferation, and innovation.
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SA 6498. Mrs. SHAHEEN (for herself, Mr. Tillis, and 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:
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SEC. 1229A. PROHIBITION ON USE OF FUNDS TO ASSERT CONTROL
OVER ANY MEMBER COUNTRY OF THE NORTH ATLANTIC
TREATY ORGANIZATION.
(a) In General.--None of the funds authorized to be appropriated by this Act for the Department of Defense may be used to blockade, occupy, annex, conduct military operations against, or otherwise assert control over the sovereign territory of a member country of the North Atlantic Treaty Organization, other than as authorized by such country or the North Atlantic Council.
(b) Rule of Construction.--Nothing in this section may be construed to prevent the United States from defending itself or an ally from an armed attack or from a credible threat of an imminent armed attack.
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SA 6499. Mrs. SHAHEEN (for herself and Mr. Tillis) 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:
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SEC. 1229A. ENSURING A WELL-FUNCTIONING PRIORITIZED UKRAINE
REQUIREMENTS LIST (PURL) MECHANISM.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) the United States has developed an important mechanism in support of Ukraine by working with North Atlantic Treaty Organization allies to establish the Prioritized Ukraine Requirements List mechanism (referred to in this section as the "PURL mechanism");
(2) the PURL mechanism enables support of Ukraine at no cost to the United States taxpayer, demonstrating an extraordinary commitment by Euro-Atlantic allies and partners to supporting Ukraine with great benefit to the defense industrial base of the United States; and
(3) as the United States takes on the important responsibility of stewarding investments by allies and partners in support of Ukraine, Congress and European allies require transparency to ensure a well-functioning PURL mechanism.
(b) Reports.--
(1) In general.--Beginning not later than 60 days after the date of the enactment of this Act, the Commander of the United States European Command, in coordination with the United States Ambassador to the North Atlantic Treaty Organization, shall submit to the appropriate committees of Congress the following:
(A) A report outlining all contributions by allies and partners to the PURL mechanism since August 2025, which shall include the following:
(i) With respect to each contribution to the PURL mechanism--
(I) an identification of the country that made the contribution; and
(II) the date and amount of the contribution.
(ii) A description of each security assistance package developed by the United States in accordance with the PURL mechanism, including--
(I) an identification of equipment delivered to Ukraine; and
(II) the date of delivery.
(iii) With respect to each such security assistance package delivered to Ukraine, an accounting of each contribution made by an ally or partner.
(B) A monthly report that includes the following:
(i) For the preceding month, an identification of each country that has contributed to the PURL mechanism, including the amount contributed.
(ii) A description of any security assistance package under development for delivery to Ukraine, including a description of the manner in which contributions from allies and partners received in the preceding month may factor into such a package.
(C) A report describing any use, since August 2025, of PURL mechanism funds for purposes other than developing new and additive security assistance packages for delivery to Ukraine, which shall include a description of the following:
(i) Any use of PURL mechanism funds to subsidize, backfill, or repay the United States Government for security assistance packages delivered to Ukraine before August 2025.
(ii) Any use of PURL mechanism funds for a purpose other than the rapid delivery of systems and weaponry to Ukraine.
(2) Form.--Each report required by this subsection shall be submitted in unclassified form but may include a classified annex.
(3) Appropriate committees of congress.--In this subsection, the term "appropriate committees of Congress" means--
(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(c) Procedure for Providing Receipts.--Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury, in coordination with the Commander of the United States European Command, shall develop and implement a process by which allies and partners may be provided with receipts for contributions made to the PURL mechanism that include a description of the manner in which a contribution was used and the 1 or more security assistance package supported by the contribution.
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SA 6500. Mrs. SHAHEEN (for herself and Mr. Tillis) 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:
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SEC. 1229A. FACILITATING THE WORK OF UNITED STATES
CONTRACTORS IN UKRAINE.
(a) In General.--The Secretary of Defense shall not limit the ability of United States defense contractors to operate in the territory of Ukraine, including with free movement in territory controlled by the democratically elected government of Ukraine, for the purposes of repairing equipment used by the Armed Forces of Ukraine.
(b) Chief of Mission Permission.--Movements of United States defense contractors in the territory of Ukraine shall be subject only to the permission of the Chief of Mission at the United States Embassy in Kyiv, relying on the advice of the Regional Security Officer.
(c) Report.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes the following elements:
(A) A description of the steps taken to implement the requirements of this section.
(B) A description of equipment of the Ukrainian Armed Forces repaired by United States defense contractors since January 2025.
(C) A description of the geographic regions of Ukraine and neighboring countries in which the United States has repaired equipment of the Ukrainian Armed Forces.
(D) A description of lessons learned as a result of partnering with the Ukrainian Armed Forces in repairing equipment.
(2) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
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SA 6501. Mrs. SHAHEEN (for herself, Mr. Grassley, Mr. Durbin, Mr. Moran, and Mr. Husted) 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:
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SEC. 1229A. LIMITATION ON AVAILABILITY OF FUNDS FOR
WITHDRAWAL OF UNITED STATES ARMED FORCES FROM
EASTERN EUROPE.
(a) In General.--None of the funds authorized to be appropriated by this Act may be obligated or expended for the withdrawal of the United States Armed Forces from Estonia, Latvia, or Lithuania or from the multinational battle groups in eastern member countries of the North Atlantic Treaty Organization (including Bulgaria, Hungary, Poland, and Romania), except as required for routine rotational movements, while maintaining not fewer than the number of forces and the types of capabilities present in such countries as of January 1, 2025, until the date that is 180 days after the date on which the Secretary of Defense and the Secretary of State jointly submit to the appropriate committees of Congress a report on whether the following conditions have been met:
(1) The Russian Federation has withdrawn its military forces from occupied territories in Ukraine, Georgia, and Moldova.
(2) The Russian Federation no longer has ambitions to control territory of sovereign neighbors in its near abroad.
(3) The Secretary of Defense and the Secretary of State have appropriately consulted with the leaders of such multinational battlegroups and with the governments of each member country of the North Atlantic Treaty Organization with respect to such withdrawal of the United States Armed Forces.
(b) Report for Conditions Not Met.--If, in a report submitted under subsection (a), the Secretary of Defense and the Secretary of State indicate that a condition set forth in any of paragraphs (1) through (3) of subsection (a) has not been met, not later than 30 days after the date of such submission, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report that includes the following:
(1) A description of the manner in which United States national security interests in the regions of Europe and Eurasia are being protected.
(2) A description of the manner in which the security of member countries of the North Atlantic Treaty Organization is being protected.
(3) A detailed description of the manner in which the United States is supporting the security of the Baltic countries and other eastern member countries of the North Atlantic Treaty Organization.
(c) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
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SA 6502. Mrs. SHAHEEN (for herself and Mr. Tillis) 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:
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SEC. 1229A. REPORT ON UKRAINE SECURITY ASSISTANCE INITIATIVE.
(a) In General.--Not later than 60 days after the date of the enactment of this Act, and each quarter thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report on the planned use of Ukraine Security Assistance Initiative funds.
(b) Elements.--Each report required by subsection (a) shall include the following:
(1) The total amount of funding for the Ukraine Security Assistance Initiative available for obligation.
(2) The total amount of funding for the Ukraine Security Assistance Initiative obligated and expended during the preceding quarter.
(3) A description of each planned equipment procurement, training activity, service contract, or other activity to be funded under the Ukraine Security Assistance Initiative.
(4) The anticipated delivery date to Ukraine for each planned equipment procurement.
(5) A description of equipment delivered to Ukraine using Ukraine Security Assistance Initiative funds during the preceding quarter, including the quantity delivered and the date of delivery.
(6) For any equipment delivery delay from the preceding quarter that exceeded 90 days after the previously reported estimated delivery date, and explanation for such delay.
(c) Appropriate Committees of Congress Defined.--The term "appropriate committees of Congress" means--
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
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SA 6503. Mrs. SHAHEEN 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:
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SEC. 1229A. REPORT ON DAMAGE TO UNITED STATES BUSINESSES AND
INVESTMENTS IN UKRAINE RESULTING FROM RUSSIAN
MILITARY ACTION.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on damage to United States-owned businesses, investments, and commercial assets in Ukraine resulting from the Russian Federation's full-scale invasion of Ukraine in February 2022.
(b) Elements.--The report required under subsection (a) shall include, to the extent practicable--
(1) an assessment of United States business property, facilities, infrastructure, and other commercial assets in Ukraine that have been damaged, destroyed, seized, or otherwise adversely affected by actions attributable to the Russian Federation's military actions in Ukraine;
(2) an estimate of the direct financial cost of such losses, including direct physical damage, production interruption losses, and other measurable commercial harms;
(3) a description of the business sectors most affected, including manufacturing, agriculture, energy, transportation, defense, financial, technology, and any other relevant sector;
(4) a description of the efforts of the United States Government to collect evidence and preserve records relating to the loss of property and commercial assets in Ukraine of United States persons and entities; and
(5) recommendations for legislative, diplomatic, or legal actions to facilitate recovery, restitution, or compensation for affected United States businesses.
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SA 6504. Mrs. SHAHEEN 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:
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SEC. 1218. LEBANON STABILIZATION STRATEGY.
Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit a strategy to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that details how the Department of State will use Lebanon reconstruction support funds to help support and implement a plan--
(1) to expand Lebanese state services; and
(2) to increase legitimate political participation in Lebanese communities that are currently dependent on parallel services from Hezbollah.
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SA 6505. Mrs. SHAHEEN 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:
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SEC. 1210. SECURITY ASSISTANCE.
(a) Authorization of Appropriations for Security Assistance to the Lebanese Armed Forces and the Internal Security Forces.--
(1) In general.--There is authorized to be appropriated to the Department of State, for each of the first 5 fiscal years beginning after the date of the enactment of this Act--
(A) $200,000,000 for Foreign Military Financing;
(B) $25,000,000 for International Narcotics Control and Law Enforcement;
(C) $11,500,000 for Non-proliferation, Anti-terrorism, Demining, and Related Programs; and
(D) $3,500,000 International Military Education and Training.
(2) Notice before provision of assistance.--
(A) Restriction.--Except as provided in subparagraph (B), not more than 50 percent of the funds appropriated pursuant to paragraph (1) may be obligated until after the Secretary of State certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that--
(i) the Government of Lebanon has declared Hezbollah's military activities illegal; and
(ii) the Lebanese Armed Forces are implementing directives of the Government of Lebanon regarding--
(I) the establishment of a monopoly of force within Lebanon; and
(II) the disarmament of Hezbollah.
(B) Inapplicability.--The restriction on obligating funds under subparagraph (A) shall not apply to assistance provided to special operations units and associated enabling forces of the Lebanese Armed Forces.
(3) Authorization of contingent funding after the first fiscal year.--
(A) Contingency.--Subparagraph (B) shall take effect if a briefing required under subsection (c) during the fiscal year beginning after the date of the enactment of this Act demonstrates meaningful progress, as determined by the Secretary of State--
(i) by the Lebanese Armed Forces and the Internal Security Forces to counter Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad; and
(ii) by the Government of Lebanon to develop and implement a plan to expand state services and increase legitimate political participation in Lebanese communities that are currently dependent on parallel services from Hezbollah.
(B) Funding.--Subject to the contingency described in subparagraph (A), in addition to the appropriations authorized under paragraph (1), there is authorized to be appropriated to the Department of State, for the second, third, fourth, and fifth fiscal year beginning after the date of the enactment of this Act--
(i) $50,000,000 for Foreign Military Financing;
(ii) $6,000,000 for International Narcotics Control and Law Enforcement;
(iii) $3,000,000 for Non-proliferation, Anti-terrorism, Demining, and Related Programs; and
(iv) $1,000,000 for International Military Education and Training.
(4) Authorization of additional contingent funding after the second fiscal year.--
(A) Contingency.--Subparagraph (B) shall take effect if the briefings required under subsection (c) during each of the first 2 fiscal years beginning after the date of the enactment of this Act demonstrate meaningful progress, as determined by the Secretary of State--
(i) by the Lebanese Armed Forces and the Internal Security Forces to counter Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad; and
(ii) by the Government of Lebanon to implement a plan to expand state services and increase legitimate political participation in Lebanese communities that are currently dependent on parallel services from Hezbollah.
(B) Funding.--Subject to the contingency described in subparagraph (A), in addition to the appropriations authorized under paragraphs (1) and (3), there is authorized to be appropriated to the Secretary of State, for each of the third, fourth, and fifth fiscal years beginning after the date of the enactment of this Act--
(i) $50,000,000 for Foreign Military Financing;
(ii) $6,000,000 for International Narcotics Control and Law Enforcement;
(iii) $3,000,000 for Non-proliferation, Anti-terrorism, Demining, and Related Programs; and
(iv) $1,000,000 for International Military Education and Training.
(5) Use of funds.--Amounts appropriated pursuant to authorizations under paragraphs (1)(B), (3)(B), and (4)(B) shall be used by the Secretary of State to build the capacity of the Lebanese Armed Forces and the Internal Security Forces, including by--
(A) countering Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad;
(B) implementing--
(i) the August 2025 decision to exercise a state monopoly of arms;
(ii) the September 2025 plan to achieve this monopoly by disarming Hezbollah;
(iii) the March 2026 decision to ban Hezbollah security and military activities; and
(iv) the April 2026 decision to bring weapons in Beirut under government control;
(C) fully implementing all relevant United Nations Security Council resolutions;
(D) training and vetting members of the Lebanese Armed Forces and the Internal Security Forces;
(E) countering and interdicting revenue sources for Hezbollah and other malign actors, including revenues derived from financial crimes, Captagon, and other illicit good production and trafficking in Lebanon;
(F) detecting and interdicting trafficking of weapons, materials related to weapons of
mass destruction, dual-use goods, and sensitive technologies in Lebanon; and
(G) implementing the program described in subsection (b).
(b) Program to Build the Capacity of the Lebanese Armed Forces and the Internal Security Forces With Respect to Captagon and Other Illicit Goods.--
(1) In general.--The Secretary of State shall establish a program to provide assistance to strengthen the capacity of Lebanese security institutions to identify, track, and improve their forensics detection capabilities with respect to financial crimes and production and trafficking of Captagon and other illicit goods that provide a source of revenue for Hezbollah and other malign actors.
(2) Program requirements.--Recipients of assistance from the program required under paragraph (1)--
(A) shall be limited to Lebanese officials who have expertise and experience or are being trained in matters described in paragraph (1); and
(B) may be carried out, in the case of inbound exchanges, as part of exchange programs and international visitor programs administered by the Bureau of Educational and Cultural Affairs of the Department of State, including the International Visitor Leadership Program, in coordination with the Bureau of International Narcotics and Law Enforcement Affairs.
(c) Briefing.--Not later than 15 days before the obligation of any funds appropriated pursuant to subsection (a), the Secretary of State shall brief the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding--
(1) the steps taken during the previous year by the Lebanese security institutions to counter Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad;
(2) the steps taken during the previous year by Lebanese security institutions to counter the production and trafficking of Captagon and other illicit goods in Lebanon;
(3) how United States assistance created or augmented the capabilities of the Lebanese Armed Forces and the Internal Security Forces to undertake the steps described in paragraphs (1) and (2);
(4) how the production and trafficking of Captagon and other revenues sources, to include financial crimes and illicit good production and trafficking, has harmed the Lebanese economy and benefitted Hezbollah and other malign actors;
(5) the steps taken by the Lebanese Armed Forces to counter any instances of collusion between the Lebanese Armed Forces and Hezbollah, such as--
(A) promoting the establishment of rapid inspection units;
(B) conducting randomized spot checks;
(C) implementing mechanisms for incentivizing weapons relinquishment;
(D) implementing mechanisms for incentivizing outcome-based performance by Lebanese Armed Forces units and personnel; and
(E) imposing consequences, such as criminal liability, for Lebanese Armed Forces personnel who have colluded with Hezbollah; and
(6) how the assistance authorized under subsection (a) will further improve the capabilities of the Lebanese Armed Forces and the Internal Security Forces to counter Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad.
(d) Oversight of Support Assistance.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an unclassified report, with a classified annex, if necessary, that--
(1) describes the progress made by the Government of Lebanon, the Lebanese Armed Forces, and the Internal Security Forces and any remaining gaps in developing and implementing a plan, with timelines and measurable objectives--
(A) to fully disarm Hezbollah, including with the support of the United States and the international community;
(B) to expand state services and increasing legitimate political participation in Lebanese communities that are currently dependent on parallel services from Hezbollah; and
(C) to implement--
(i) the August 2025 decision to exercise a state monopoly of arms;
(ii) the September 2025 plan to achieve this monopoly by disarming Hezbollah;
(iii) the March 2026 decision to ban Hezbollah security and military activities; and
(iv) the April 2026 decision to bring weapons in Beirut under government control;
(2) details the Government of Iran's illicit financing and support of armed non-state actors in Lebanon, including Hezbollah and institutions it controls, such as Al-Qard Al-Hassan;
(3) describes whether and how the political and economic stability, sovereignty, and territorial integrity of Lebanon are important for regional stability and the national economic and security interests of the United States;
(4)(A) describes the efforts led by the United States to coordinate and deconflict between the Lebanese Armed Forces and the Israel Defense Forces;
(B) assesses the steps that should be taken by the Lebanese Armed Forces to increase coordination and deconfliction;
(C) assesses the steps that should be taken by the Israel Defense Forces to increase coordination and deconfliction;
(D) describes additional authorities or tools that may aid these coordination and deconfliction efforts or increase the ability of the United States to provide effective guidance to the Lebanese Armed Forces and Israel Defense Forces; and
(E) describes efforts to build upon the monitoring mechanism led by the United States after the Announcement of a Cessation of Hostilities and Related Commitments on November 27, 2024, to establish a combined intelligence and military coordination body with international partners that sets clear, measurable objectives and time-bound metrics to ensure credibility and transparency in the process of disarming Hezbollah;
(5) identifies the steps the Government of Lebanon is taking to enact reforms to Lebanon's banking and financial sectors, including--
(A) steps to implement Lebanon's April 2025 bank secrecy law;
(B) steps to pass and implement a law to restructure Lebanon's banking sector; and
(C) steps to pass and implement a law to address the allocation of losses in Lebanon's banking sector;
(6) describes the progress made toward building peaceful relations between the Government of Lebanon and the Government of Israel, including--
(A) steps to pursue negotiations
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and efforts to impede negotiations;
(B) the advisory and coordination mechanisms set up by the United States and the international community;
(C) progress made as a result of direct negotiations that--
(i) recognize Lebanon's sovereignty and work toward enforcing United Nations Security Council Resolution 1701 (2006);
(ii) affirm that the Government of Lebanon, rather than any foreign power (such as Iran), is the representative of the Lebanese people;
(iii) undermine Iran's claims to negotiate for Lebanon; and
(iv) undermine Iran's attempts to intrude in Lebanon's domestic affairs and the conduct of its foreign policy;
(D) steps to suspend the enforcement of, or repeal, Lebanon's anti-normalization laws, derived from Lebanon Law 1/1955, which was ratified by the Parliament of Lebanon on June 23, 1955, to prohibit any economic, commercial, or personal interactions between the people of Lebanon and the people of Israel, and provisions of the Lebanese Criminal Code and the Lebanese Code of Military Justice; and
(7) describes humanitarian and reconstruction needs and challenges in Lebanon, including--
(A) the immediate state of humanitarian needs and the long-term reconstruction needs in Lebanon, particularly south of the Litani river;
(B) the causes of such challenges;
(C) efforts that have been made to address these challenges;
(D) the effects of not addressing these challenges on the economy and security inside Lebanon; and
(E) the effects of such challenges on regional stability and security if applicable.
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SA 6506. Mrs. SHAHEEN 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:
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At the end of subtitle B of title XII, add the following:
SEC. 1218. LEBANON ILLICIT GOODS AND FINANCES PROGRAM.
The Secretary of State shall establish a program to provide support to strengthen the capacity of Lebanese security institutions to identify, track, and improve their forensics detection capabilities with respect to financial crimes and production and trafficking of Captagon and other illicit goods that provide a source of revenue for Hezbollah and other malign actors.
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SA 6507. Mrs. SHAHEEN 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:
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At the end of title XII, add the following:
Subtitle F--Lebanon Sanctions, Stabilization, and Support
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Lebanon Sanctions, Stabilization, and Support Act".
SEC. 1272. SANCTIONS.
(a) In General.--The President may impose the sanctions described in subsection (c) with respect to each foreign person, regardless of employment, who the President determines, on or after the date of the enactment of this Act, has knowingly and significantly engaged in any activity described in subsection (b).
(b) Activities Described.--A foreign person has engaged in any activity described in this subsection if the foreign person has--
(1) knowingly undertaken actions or policies that provide material support in furtherance of the Government of Iran's illicit financing and support of armed non-state actors in Lebanon, including Hezbollah;
(2) significantly delayed or impeded the work of the Lebanese Armed Forces and the Internal Security Forces to implement the August 2025 decision to exercise a state monopoly of arms, the September 2025 plan to achieve that monopoly by disarming Hezbollah, the March 2026 decision to ban security and military activities of Hezbollah, or the April 2026 decision to bring weapons in Beirut under government control;
(3) provided material support to Hezbollah; or
(4) taken significant actions to delay or impede the progress of reforms to the banking and financial sectors of Lebanon.
(c) Sanctions Described.--The sanctions described in this subsection are the following:
(1) Blocking of property.--The President shall exercise all authorities granted 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 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 come within the possession or control of a United States person.
(2) Prohibitions on financial transactions.--The President may exercise all authorities granted under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary--
(A) to prohibit any United States financial institution from making loans or providing credit to the applicable foreign person; or
(B) to prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which such foreign person has any interest.
(3) 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 valid visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation.
(ii) Effect.--In accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), a revocation authorized under clause (i) shall--
(I) take effect in accordance with established procedures; and
(II) cancel any other valid visa or entry documentation that is in the possession of the alien.
(4) Licensing.--For any sanctions imposed pursuant to this subsection, the Secretary of the Treasury shall issue such general licenses and public guidance as may be necessary--
(A) to clarify that such sanctions do not apply to any government or agency with which the sanctioned person may be officially associated;
(B) to clarify that such sanctions do not apply to any person the sanctioned person owns or controls that contributes to meaningful economic activity in Lebanon, unless the person is itself designated based on its behavior; and
(C) to limit adverse impacts to employment, legitimate economic activity, and humanitarian conditions in Lebanon.
(d) Exceptions.--
(1) Humanitarian assistance.--Sanctions under this section may not apply to--
(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or
(B) transactions that are necessary for, or ordinarily incident to, the activities described in subparagraph (A).
(2) Intelligence activities.--Sanctions under this section shall not apply to--
(A) 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
(B) any authorized intelligence activities of the United States.
(3) Compliance with international obligations and law enforcement activities.--Visa restrictions under subsection (c)(3) shall not apply with respect to the admission or parole of an alien into the United States if admitting or paroling the alien is necessary--
(A) to comply with United States obligations under--
(i) the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947;
(ii) the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967; or
(iii) any other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the United States.
(e) Rulemaking.--The President may prescribe such regulations as are necessary to carry out the provisions of this section (which may include regulatory exceptions), including under section 205 of the International Emergency Economic Powers Act (50 U.S.C. 1704)).
(f) Rule of Construction.--Nothing in this section may be construed to limit the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(g) Termination.--This section, and any sanctions imposed under this section, shall terminate on the date that is 5 years after the date of the enactment of this Act.
(h) 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) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of Representatives.
(3) Foreign person.--The term "foreign person" means any individual or entity that is not a United States person.
(4) 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. 1273. STABILIZATION.
(a) Humanitarian Assistance.--The Secretary of State may continue to support humanitarian assistance in Lebanon in furtherance of the political and economic stability, sovereignty, and territorial integrity of Lebanon, which is important for regional stability and the national economic and security interests of the United States, including--
(1) health assistance, including logistical and technical assistance to hospitals, ambulances, and health clinics in affected communities, and the provision of basic public health commodities;
(2) assistance to provide--
(A) protection, food, and shelter;
(B) water, sanitation, and hygiene; and
(C) demining and disposal of unexploded ordinance; and
(3) technical assistance to ensure health, food, and commodities are appropriately selected, procured, targeted, monitored, and distributed.
(b) Authorization of Appropriations for Incentive Fund for Reconstruction of Lebanese Government Services and Infrastructure.--
(1) In general.--There is authorized to be appropriated to the Department of State, to support the reconstruction of services and institutions of the Government of Lebanon and of municipal governments in Lebanon and to support the building and rebuilding of civilian infrastructure in Lebanon, subject to the limitations set forth in paragraph (2)--
(A) $250,000,000 for the first fiscal year beginning after the date of the enactment of this Act; and
(B) $150,000,000 for each of the first 4 fiscal years following the conclusion of the fiscal year referred to in subparagraph (A).
(2) Limitation.--None of the funds authorized to be appropriated pursuant to paragraph (1) may be made available for use by the Council for South Lebanon.
(3) Notice before provision of assistance.--
(A) Restriction.--Except as provided in subparagraph (B), not more than 50 percent of the funds appropriated pursuant to paragraph (1) may be obligated until the Secretary of State certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that--
(i) the Government of Lebanon has declared Hezbollah's military activities illegal; and
(ii) the Lebanese Armed Forces are implementing directives of the Government of Lebanon regarding--
(I) the establishment of a monopoly of force within Lebanon; and
(II) the disarmament of Hezbollah
(B) Waiver.--The Secretary of State may waive the restriction under subparagraph (A) after certifying to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that such a waiver is in the national interest of the United States.
(c) Negotiation on the Use of Frozen Iranian Assets.--The Secretary of State is authorized to engage in negotiations with countries that hold frozen Iranian assets in an effort to access such funds to pay for the reconstruction of Lebanon.
(d) Livelihood and Scholarship Assistance to the Lebanese Armed Forces and the Internal Security Forces.--
(1) In general.--There shall be established a fund, to be administered by the Secretary of State, which shall provide for the sustainment of the Lebanese Armed Forces and Internal Security Forces in accordance with paragraph (2).
(2) Authorization of appropriations.--There is authorized to be appropriated to the Department of State, for each of the first 3 fiscal years beginning after the date of the enactment of this Act, $20,000,000, which shall be deposited into the fund established under paragraph (1) and expended for salaries and stipends for members of the Lebanese Armed Forces and Internal Security Forces.
(e) Strategy.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit a strategy to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that details how funds authorized to be appropriated under this section, in conjunction with funds authorized to be appropriated under section 1274, will be used to help support and implement a plan to expand Lebanese state services and increase legitimate political participation in Lebanese communities that are currently dependent on parallel services from Hezbollah.
SEC. 1274.
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SECURITY ASSISTANCE.
(a) Authorization of Appropriations for Security Assistance to the Lebanese Armed Forces and the Internal Security Forces.--
(1) In general.--There is authorized to be appropriated to the Department of State, for each of the first 5 fiscal years beginning after the date of the enactment of this Act--
(A) $200,000,000 for Foreign Military Financing;
(B) $25,000,000 for International Narcotics Control and Law Enforcement;
(C) $11,500,000 for Non-proliferation, Anti-terrorism, Demining, and Related Programs; and
(D) $3,500,000 International Military Education and Training.
(2) Notice before provision of assistance.--
(A) Restriction.--Except as provided in subparagraph (B), not more than 50 percent of the funds appropriated pursuant to paragraph (1) may be obligated until after the Secretary of State certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that--
(i) the Government of Lebanon has declared Hezbollah's military activities illegal; and
(ii) the Lebanese Armed Forces are implementing directives of the Government of Lebanon regarding--
(I) the establishment of a monopoly of force within Lebanon; and
(II) the disarmament of Hezbollah.
(B) Inapplicability.--The restriction on obligating funds under subparagraph (A) shall not apply to assistance provided to special operations units and associated enabling forces of the Lebanese Armed Forces.
(3) Authorization of contingent funding after the first fiscal year.--
(A) Contingency.--Subparagraph (B) shall take effect if a briefing required under subsection (c) during the fiscal year beginning after the date of the enactment of this Act demonstrates meaningful progress, as determined by the Secretary of State--
(i) by the Lebanese Armed Forces and the Internal Security Forces to counter Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad; and
(ii) by the Government of Lebanon to develop and implement a plan to expand state services and increase legitimate political participation in Lebanese communities that are currently dependent on parallel services from Hezbollah.
(B) Funding.--Subject to the contingency described in subparagraph (A), in addition to the appropriations authorized under paragraph (1), there is authorized to be appropriated to the Department of State, for the second, third, fourth, and fifth fiscal year beginning after the date of the enactment of this Act--
(i) $50,000,000 for Foreign Military Financing;
(ii) $6,000,000 for International Narcotics Control and Law Enforcement;
(iii) $3,000,000 for Non-proliferation, Anti-terrorism, Demining, and Related Programs; and
(iv) $1,000,000 for International Military Education and Training.
(4) Authorization of additional contingent funding after the second fiscal year.--
(A) Contingency.--Subparagraph (B) shall take effect if the briefings required under subsection (c) during each of the first 2 fiscal years beginning after the date of the enactment of this Act demonstrate meaningful progress, as determined by the Secretary of State--
(i) by the Lebanese Armed Forces and the Internal Security Forces to counter Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad; and
(ii) by the Government of Lebanon to implement a plan to expand state services and increase legitimate political participation in Lebanese communities that are currently dependent on parallel services from Hezbollah.
(B) Funding.--Subject to the contingency described in subparagraph (A), in addition to the appropriations authorized under paragraphs (1) and (3), there is authorized to be appropriated to the Secretary of State, for each of the third, fourth, and fifth fiscal years beginning after the date of the enactment of this Act--
(i) $50,000,000 for Foreign Military Financing;
(ii) $6,000,000 for International Narcotics Control and Law Enforcement;
(iii) $3,000,000 for Non-proliferation, Anti-terrorism, Demining, and Related Programs; and
(iv) $1,000,000 for International Military Education and Training.
(5) Use of funds.--Amounts appropriated pursuant to authorizations under paragraphs (1)(B), (3)(B), and (4)(B) shall be used by the Secretary of State to build the capacity of the Lebanese Armed Forces and the Internal Security Forces, including by--
(A) countering Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad;
(B) implementing--
(i) the August 2025 decision to exercise a state monopoly of arms;
(ii) the September 2025 plan to achieve this monopoly by disarming Hezbollah;
(iii) the March 2026 decision to ban Hezbollah security and military activities; and
(iv) the April 2026 decision to bring weapons in Beirut under government control;
(C) fully implementing all relevant United Nations Security Council resolutions;
(D) training and vetting members of the Lebanese Armed Forces and the Internal Security Forces;
(E) countering and interdicting revenue sources for Hezbollah and other malign actors, including revenues derived from financial crimes, Captagon, and other illicit good production and trafficking in Lebanon;
(F) detecting and interdicting trafficking of weapons, materials related to weapons of mass destruction, dual-use goods, and sensitive technologies in Lebanon; and
(G) implementing the program described in subsection (b).
(b) Program to Build the Capacity of the Lebanese Armed Forces and the Internal Security Forces With Respect to Captagon and Other Illicit Goods.--
(1) In general.--The Secretary of State shall establish a program to provide assistance to strengthen the capacity of Lebanese security institutions to identify, track, and improve their forensics detection capabilities with respect to financial crimes and production and trafficking of Captagon and other illicit goods that provide a source of revenue for Hezbollah and other malign actors.
(2) Program requirements.--Recipients of assistance from the program required under paragraph (1)--
(A) shall be limited to Lebanese officials who have expertise and experience or are being trained in matters described in paragraph (1); and
(B) may be carried out, in the case of inbound exchanges, as part of exchange programs and international visitor programs administered by the Bureau of Educational and Cultural Affairs of the Department of State, including the International Visitor Leadership Program, in coordination with the Bureau of International Narcotics and Law Enforcement Affairs.
(c) Briefing.--Not later than 15 days before the obligation of any funds appropriated pursuant to subsection (a), the Secretary of State shall brief the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding--
(1) the steps taken during the previous year by the Lebanese security institutions to counter Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad;
(2) the steps taken during the previous year by Lebanese security institutions to counter the production and trafficking of Captagon and other illicit goods in Lebanon;
(3) how United States assistance created or augmented the capabilities of the Lebanese Armed Forces and the Internal Security Forces to undertake the steps described in paragraphs (1) and (2);
(4) how the production and trafficking of Captagon and other revenues sources, to include financial crimes and illicit good production and trafficking, has harmed the Lebanese economy and benefitted Hezbollah and other malign actors;
(5) the steps taken by the Lebanese Armed Forces to counter any instances of collusion between the Lebanese Armed Forces and Hezbollah, such as--
(A) promoting the establishment of rapid inspection units;
(B) conducting randomized spot checks;
(C) implementing mechanisms for incentivizing weapons relinquishment;
(D) implementing mechanisms for incentivizing outcome-based performance by Lebanese Armed Forces units and personnel; and
(E) imposing consequences, such as criminal liability, for Lebanese Armed Forces personnel who have colluded with Hezbollah; and
(6) how the assistance authorized under subsection (a) will further improve the capabilities of the Lebanese Armed Forces and the Internal Security Forces to counter Iranian proxy forces operating in Lebanon, including Hezbollah, Hamas, and Palestinian Islamic Jihad.
SEC. 1275.
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OVERSIGHT.
(a) Oversight of Stabilization Assistance.--
(1) Strategy.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit an unclassified strategy, with a classified annex, if necessary, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes--
(A) how the United States, working with relevant foreign governments, multilateral organizations, and nongovernmental organizations, will support the safe, informed, durable, and voluntary return of Syrian refugees in Lebanon back to their home communities;
(B) the diplomatic efforts carried out by the United States Government to urge contributing countries of the United Nations Interim Force in Lebanon to donate existing equipment, vehicles, and facilities to the Lebanese Armed Forces upon the termination of United Nations Interim Force in Lebanon's mandate in accordance with United Nations Security Council Resolution 2790 (2025), pursuant to efforts to bolster the capability of the Lebanese Armed Forces in southern Lebanon;
(C) the diplomatic efforts carried out by the United States Government, including by supporting multilateral pledging events and using its positions in international financial institutions, to encourage strategic burden sharing and the coordination of donations with international donors, including foreign governments and multilateral organizations, to advance the provision of humanitarian assistance to the people of Lebanon, especially internally displaced persons; and
(D) how the United States Government is--
(i) overcoming reconstruction challenges in southern Lebanon to counter any role Hezbollah may be playing in reconstruction and provision of social services;
(ii) mitigating risk of diversion or benefit to non-state armed groups in Lebanon, particularly Hezbollah; and
(iii) ensuring effective delivery of assistance.
(2) Initial report.--Before obligating or expending any amounts appropriated pursuant to section 1273(b), the Secretary of State shall submit an unclassified report, with a classified annex, if necessary, to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that describes--
(A) accounting, monitoring, evaluation or oversight procedures being implemented to prevent the diversion of the United States Government assistance, including the amounts appropriated pursuant to section 1273(b), to Hezbollah or other non-state armed groups in Lebanon or their affiliates and to ensure such amounts are being used for the purposes for which they were obligated; and
(B) the diplomatic efforts carried out by the United States Government, including by supporting multilateral pledging events and using its positions in international financial institutions, to encourage strategic burden sharing and the coordination of donations with international donors, including foreign governments and multilateral organizations, to advance the provision of assistance for the reconstruction of services and institutions of the Government of Lebanon and of municipal governments in Lebanon and the building and rebuilding of civilian infrastructure in Lebanon.
(3) Retention and readiness report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit an unclassified report, with a classified annex, if necessary, to the congressional committees referred to in paragraph (2) that describes the effect of the amounts appropriated pursuant to subsections (c) and (d) of section 1273 on the retention and readiness of the Lebanese Armed Forces and the Internal Security Forces.
(b) Oversight of Support Assistance.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an unclassified report, with a classified annex, if necessary, that--
(1) describes the progress made by the Government of Lebanon, the Lebanese Armed Forces, and the Internal Security Forces and any remaining gaps in developing and implementing a plan, with timelines and measurable objectives--
(A) to fully disarm Hezbollah, including with the support of the United States and the international community;
(B) to expand state services and increasing legitimate political participation in Lebanese communities that are currently dependent on parallel services from Hezbollah; and
(C) to implement--
(i) the August 2025 decision to exercise a state monopoly of arms;
(ii) the September 2025 plan to achieve this monopoly by disarming Hezbollah;
(iii) the March 2026 decision to ban Hezbollah security and military activities; and
(iv) the April 2026 decision to bring weapons in Beirut under government control;
(2) details the Government of Iran's illicit financing and support of armed non-state actors in Lebanon, including Hezbollah and institutions it controls, such as Al-Qard Al-Hassan;
(3) describes whether and how the political and economic stability, sovereignty, and territorial integrity of Lebanon are important for regional stability and the national economic and security interests of the United States;
(4)(A) describes the efforts led by the United States to coordinate and deconflict between the Lebanese Armed Forces and the Israel Defense Forces;
(B) assesses the steps that should be taken by the Lebanese Armed Forces to increase coordination and deconfliction;
(C) assesses the steps that should be taken by the Israel Defense Forces to increase coordination and deconfliction;
(D) describes additional authorities or tools that may aid these coordination and deconfliction efforts or increase the ability of the United States to provide effective guidance to the Lebanese Armed Forces and Israel Defense Forces; and
(E) describes efforts to build upon the monitoring mechanism led by the United States after the Announcement of a Cessation of Hostilities and Related Commitments on November 27, 2024, to establish a combined intelligence and military coordination body with international partners that sets clear, measurable objectives and time-bound metrics to ensure credibility and transparency in the process of disarming Hezbollah;
(5) identifies the steps the Government of Lebanon is taking to enact reforms to Lebanon's banking and financial sectors, including--
(A) steps to implement Lebanon's April 2025 bank secrecy law;
(B) steps to pass and implement a law to restructure Lebanon's banking sector; and
(C) steps to pass and implement a law to address the allocation of losses in Lebanon's banking sector;
(6) describes the progress made toward building peaceful relations between the Government of Lebanon and the Government of Israel, including--
(A) steps to pursue negotiations and efforts to impede negotiations;
(B) the advisory and coordination mechanisms set up by the United States and the international community;
(C) progress made as a result of direct negotiations that--
(i) recognize Lebanon's sovereignty and work toward enforcing United Nations Security Council Resolution 1701 (2006);
(ii) affirm that the Government of Lebanon, rather than any foreign power (such as Iran), is the representative of the Lebanese people;
(iii) undermine Iran's claims to negotiate for Lebanon; and
(iv) undermine Iran's attempts to intrude in Lebanon's domestic affairs and the conduct of its foreign policy;
(D) steps to suspend the enforcement of, or repeal, Lebanon's anti-normalization laws, derived from Lebanon Law 1/1955, which was ratified by the Parliament of Lebanon on June 23, 1955, to prohibit any economic, commercial, or personal interactions between the people of Lebanon and the people of Israel, and provisions of the Lebanese Criminal Code and the Lebanese Code of Military Justice; and
(7) describes humanitarian and reconstruction needs and challenges in Lebanon, including--
(A) the immediate state of humanitarian needs and the long-term reconstruction needs in Lebanon, particularly south of the Litani river;
(B) the causes of such challenges;
(C) efforts that have been made to address these challenges;
(D) the effects of not addressing these challenges on the economy and security inside Lebanon; and
(E) the effects of such challenges on regional stability and security if applicable.
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SA 6508. Mrs. SHAHEEN (for herself and Ms. Ernst) 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:
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At the end of subtitle B of title XII, add the following:
SEC. 1218. 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.
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SA 6509. Mrs. SHAHEEN 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:
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At the end of title XII, add the following:
SEC. 1281. 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 of State shall submit to the appropriate congressional committees a report that describes the foreign assistance strategy of the United States in support of United States-Syria policy and provides comprehensive details on foreign assistance programs (including humanitarian and nonhumanitarian efforts) inside Syria 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. 1282. 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. 1283. 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 of State 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 of State shall submit to the appropriate congressional committees a report that describes 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. 1284. 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 of State, in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, shall jointly develop and submit to the appropriate congressional committees 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) multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of 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.
(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
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SA 6510. Mrs. SHAHEEN (for herself and Mr. Cruz) 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:
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At the end of title XII, add the following:
Subtitle F--Reassessing the United States-Tanzania Bilateral
Relationship Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Reassessing the United States-Tanzania Bilateral Relationship Act".
SEC. 1282. FINDINGS.
Congress makes the following findings:
(1) Tanzania is one of Africa's fastest growing economies with strong economic growth over the past decade due to the expansion of key sectors, including agriculture, mining, and tourism.
(2) Tanzania's reliability as a partner to the United States is increasingly in question due to ongoing political repression, violations of religious freedom and freedom of expression, and persistent barriers to United States investment.
(3) The October 29, 2025, general elections were marked by significant political interference, including ballot manipulation and vote tabulation irregularities, which favored incumbent President Samia Suluhu Hassan and other candidates of Tanzania's parliamentary majority party, Chama Cha Mapinduzi (CCM).
(4) Leading up to the general elections in Tanzania's October 29, 2025, election, multiple incidents of political abductions and disappearances occurred in Tanzania, most recently the abduction and subsequent disappearance of Tanzanian Ambassador Humphrey Polepole on October 6, 2025.
(5) A range of actions by the CCM, a political party that has continuously held a parliamentary majority and controlled Tanzania's central government since the CCM's formation in 1977, has severely undermined democracy in the country.
(6) The ongoing treason trial of Chadema opposition figure Tundu Lissu, terrorism charges against Chadema Deputy John Heche, and charges and detentions of other opposition party members are politically motivated and intended to prevent opposition figures from standing for elections.
(7) The Government of Tanzania has engaged in violations of religious freedom, including the revocation of registration for religious institutions, harassment, detention, and attacks against religious leaders, and restrictions on religious worship and expression.
(8) During mass citizen protests against Tanzania's fraudulent and illegitimate October 29, 2025, general elections, the Tanzanian Police and Tanzania Defense Forces killed hundreds of Tanzanian citizens and endangered the lives of United States citizens and tourists visiting the country.
(9) While protestors faced attacks by Tanzanian Security Forces, the Government of Tanzania imposed an internet shutdown impacting online connections, communications, business, and banking, disrupting regional trade and costing the country an estimated $238,000,000 in the process.
(10) In response to this unprecedented violence and unrest in Tanzania, the United States Embassy in Tanzania issued a Security Alert on October 30, 2025, calling on United States citizens in Tanzania to shelter-in-place.
(11) Following the electoral protests, the Tanzanian electoral commission released disputed results from the fraudulent election, declaring President Samia Suluhu Hassan the winner with 98 percent of the vote.
(12) On December 4, 2025, the Department of State announced a comprehensive review of the bilateral relationship between the United States and Tanzania.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) over the last three years, the actions by the Government of Tanzania--
(A) have subverted democracy;
(B) have blatantly violated citizens' internationally-recognized human rights;
(C) have disrupted regional trade;
(D) have endangered the safety and security of Tanzanians, tourists, and the diplomatic community;
(E) place United States national interests in Tanzania at risk; and
(F) threaten to undermine regional stability and long-term bilateral cooperation between the United States and Tanzania; and
(2) the United States--
(A) supports the decision to terminate Tanzania's Millennium Challenge Corporation threshold program;
(B) expresses solidarity with the people of Tanzania;
(C) recognizes the unprecedented levels of violence experienced in Tanzania; and
(D) supports calls for an international independent investigation into the pre- and post-election violence in Tanzania that will result in those who conducted violence against Tanzania civilians being held accountable for violations of internationally-recognized human rights.
SEC. 1284. REVIEW OF THE UNITED STATES RELATIONSHIP WITH
TANZANIA.
(a) Reassessment of the United States-Tanzania Bilateral Relationship.--The Secretary of State, in coordination with the Secretary of Defense, the United States Trade Representative, and the heads of other relevant Federal agencies, shall conduct a comprehensive reassessment of the bilateral relationship between the United States and Tanzania.
(b) Elements.--The reassessment required under subsection (a) shall--
(1) review efforts taken by the Department of State to press for the release of religious and opposition leaders unjustly detained by the Government of Tanzania;
(2) analyze the democratic priorities and trajectory of Tanzania;
(3) develop a detailed strategy outlining the necessary democratic reforms needed in Tanzania;
(4) assess United States security assistance to Tanzania to ensure the Tanzanian Defense Forces and the Tanzanian Police are reliable partners that--
(A) adhere to Tanzania's constitutionally mandated human rights and rule of law norms; and
(B) protect the safety of the citizens and all of the visitors to Tanzania;
(5) evaluate the relationship between the Government of Tanzania and the Government of the People's Republic of China, including--
(A) military and security cooperation, including training, exercises, arms transfers, and cooperation between defense, intelligence, or law enforcement entities;
(B) economic engagement, including investments, loans, and financing involving Chinese-state-owned or affiliated entities, and the impact of such activities on market access, debt sustainability, and the competitiveness of United States companies; and
(C) political cooperation with the Government of the People's Republic of China that seeks to undermine democratic principles, advance one-party consolidation, and solidify anti-American and anti-Western sentiment internally and internationally;
(6) assess the likely impact of the measures authorized under this subtitle on United States strategic and security interests in Tanzania and East Africa, including regional security cooperation, maritime security, and competition with the People's Republic of China; and
(7) evaluate the relationship between the Government of Tanzania and the Government of the Russian Federation, including--
(A) military and security cooperation, including training, exercises, arms transfers, and cooperation between defense, intelligence, or law enforcement entities; and
(B) economic engagement activities, including investments, loans, and financing involving Russian state-owned or affiliated entities, and the impact of such activities on market access, debt sustainability, and the competitiveness of United States companies, with a particular focus on Russian investment in the energy, critical minerals, healthcare, and agriculture sectors.
(c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes the findings of the reassessment required under subsection (a).
SEC. 1285. REPORT ON CERTAIN INDIVIDUALS IN LEADERSHIP
POSITIONS IN TANZANIA.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a list of each foreign person the Secretary determines--
(1) holds a senior position in the Government of Tanzania, the leadership of Chama Cha Mapinduzi, the Tanzania Police Force, the Tanzanian People's Defense Force, or the Tanzanian Intelligence and Security Service; and
(2) is responsible for or complicit in, or has directly or indirectly engaged in--
(A) ordering, controlling, or otherwise directing abductions, enforced disappearances, or arbitrary detention of political opponents, journalists, or civil society actors;
(B) targeting harassment, intimidation, detention, or use of violence against journalists, media organizations, or activists to suppress dissent or silence public reporting on violations of internationally-recognized human rights;
(C) censorship or other restrictions on media, shutdowns or reductions to internet access, or restrictions on freedom of expression intended to conceal abuses of internationally-recognized human rights or to prevent the dissemination of credible information;
(D) severe violations of religious freedom, including the persecution of individuals or groups on the basis of religion, prohibitions or restrictions on religious worship, assembly, or expression, or acts of violence, coercion, or discrimination against religious communities;
(E) the use of transnational repression tactics that target foreign nationals, Tanzanian citizens, and diaspora members regionally and internationally;
(F) extrajudicial killings, torture, or gross violations of internationally recognized human rights; or
(G) other actions that violate or undermine internationally recognized human rights or the civil liberties guaranteed to Tanzanian citizens under the Constitution of Tanzania.
SEC. 1286. SANCTIONS.
(a) In General.--Not later than 30 days after the submission of the report required under section 1285, the President may impose the sanctions described in subsection (b) with respect to any foreign person described in section 1285(1) that the Secretary of State determines meets the criteria described in section 1285(2).
(b) Sanctions Described.--The sanctions described in this subsection are the sanctions authorized under the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.).
SEC. 1287.
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PROHIBITION ON CERTAIN UNITED STATES ASSISTANCE
AND INVESTMENTS FOR TANZANIA.
(a) Prohibition.--Except as provided in subsections (c) and (d), assistance, grants, loans, loan guarantees, insurance, equity investments, and other support provided by the United States International Development Finance Corporation, the Export-Import Bank of the United States, or the United States Trade and Development Agency may not be obligated, expended, or otherwise made available for any entity in Tanzania.
(b) Termination After Certification.--The prohibition under subsection (a) shall terminate beginning on the date that is 30 days after the date on which the Secretary of State submits to the appropriate committees of Congress a written certification that the Government of Tanzania has--
(1) taken steps to enact electoral reforms to advance free, fair, and transparent elections;
(2) demonstrated substantial progress suspending politically motivated or illegitimate criminal proceedings and releasing opposition leaders and other individuals who were detained on politically motivated grounds;
(3) allowed independent, outside investigators to conduct their own investigation into the October 2025 election violence;
(4) begun a dialogue with opposition leaders facilitated by a third-party mediator or entity to discuss reconciliation efforts and a way forward following the October 2025 election violence; and
(5) taken steps to ensure the ability of media figures, journalists, and civil society actors to operate free from state sponsored violence.
(c) Exceptions.--The prohibition under subsection (a) shall not apply to--
(1) humanitarian assistance;
(2) health assistance; or
(3) assistance to support democracy, human rights, governance, and civil society in Tanzania.
(d) Waiver.--The Secretary of State may waive the prohibition under subsection (a) if the Secretary determines and notifies the appropriate committees of Congress that the issuance of such waiver is in the national interests of the United States.
SEC. 1288. PROHIBITION ON MILLENNIUM CHALLENGE CORPORATION
FUNDS FOR TANZANIA.
(a) Prohibition.--Except as provided in subsection (b), no funds authorized to be appropriated or otherwise made available to carry out section 609 or 616 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708 and 7715) may be made available to Tanzania.
(b) Termination After Certification.--The prohibition under subsection (a) shall terminate beginning on the date that is 30 days after the date on which the Board of Directors of the Millennium Challenge Corporation, acting through the Chief Executive Officer of the Millennium Challenge Corporation, submits to the appropriate committees of Congress a written certification that the Government of Tanzania has demonstrated its commitment to just and democratic governance in accordance with the criteria described in section 607 of the Millennium Challenge Act of 2003 (22 U.S.C. 7706).
SEC. 1289. 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 Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
SEC. 1290. 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.
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SA 6511. Mrs. SHAHEEN (for herself and Mr. Tillis) 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:
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At the end of subtitle C of title XII, add the following:
SEC. 1229A. 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 of State 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 State, in coordination with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall submit a to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the congressional defense committees 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 of State, 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) 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.
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SA 6512. Mrs. SHAHEEN 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:
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At the appropriate place in title XII, insert the following:
SEC. 12___. 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 of State, 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.
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SA 6513. Mrs. SHAHEEN (for herself and Mr. Ricketts) 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:
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At the end of title XII, add the following:
Subtitle F--U.S. Technology Procurement and Access to Trusted Hardware
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SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "U.S. Technology Procurement and Access to Trusted Hardware Act" or the "U.S. Tech PATH Act".
SEC. 1282. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives.
(2) Foreign country of concern.--The term "foreign country of concern" has the meaning given the term "covered nation" in section 4872(f) of title 10, United States Code.
(3) Foreign government partner.--The term "foreign government partner" includes international organizations.
(4) International organizations.--The term "international organizations" has the meaning given the term in section 1 of the International Organizations Immunities Act (22 U.S.C. 288).
(5) Trusted cyber and digital technologies.--The term "trusted cyber and digital technologies" means technologies, including equipment, services, hardware, or software used in information and communications technology networks, for which the Secretary of State, in coordination with the Secretary of Commerce, has determined--
(A) the provider, supplier, or manufacturer is not owned by, controlled by, or subject to the influence of a foreign country of concern; and
(B) do not pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.
(6) Pax silica initiative.--The term "Pax Silica initiative" refers to the Department of State-led diplomatic, economic security, and supply chain initiative, announced on December 11, 2025, to strengthen cooperation among the United States, allied countries, partner countries, industry, and other relevant stakeholders for the purpose of developing and securing trusted supply chains and infrastructure necessary for artificial intelligence, semiconductors, advanced manufacturing, and other technologies determined by the Secretary of State to be essential to United States national security, economic security, and technological competitiveness.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) foreign government partners are increasingly turning towards strategic competitors like the People's Republic of China to procure cyber and digital technologies due to their low-cost, acceptable efficacy, ease and speed of acquisition, and support for associated training and maintenance;
(2) foreign government partner procurement of cyber and digital technologies from suppliers aligned with strategic competitors of the United States poses significant and distinct risks, including--
(A) supply chain vulnerabilities created by dependence on strategic competitors whose governments may compel access to data, networks, or systems, undermining the cybersecurity and strategic autonomy of the procuring government;
(B) the erosion of interoperability and alignment with United States cybersecurity frameworks, standards, and best practices, reducing the ability of foreign government partners to operate securely alongside United States systems and those of United States allies; and
(C) the adoption of digital governance practices that are inconsistent with United States economic and national security interests;
(3) United States foreign government partners consistently signal strong demand for trusted cyber and digital technologies from United States suppliers;
(4) United States initiatives such as Pax Silica should facilitate technology procurements by building enduring technology partnerships between foreign government partners and United States suppliers, including by--
(A) assisting foreign government partners in navigating regulatory, logistical, and technical hurdles to trusted cyber and digital technology procurement;
(B) providing foreign government partners with strategic direction from the United States Government;
(C) incorporating foreign government partner needs into program development from the outset; and
(D) maintaining long-term engagement with foreign government partners throughout the procurement cycle of trusted cyber and digital technologies; and
(5) as the United States seeks to maintain its global competitive edge in critical and emerging technologies, including advanced cybersecurity, artificial intelligence, advanced telecommunications, and robotics, it is in the interest of the United States Government to establish policies and procedures that streamline foreign government partners' ability to procure trusted and reliable technologies from the United States and United States allies and partners.
SEC. 1284. UNITED STATES TECHNOLOGY PROCUREMENT PROGRAM.
(a) Establishment.--There is established in the Department of State the United States Cyber and Digital Technology Procurement Program (referred to in this subtitle as the "Program"), which shall be administered by the Bureau for Cyberspace and Digital Policy, and which may support Pax Silica and other related initiatives. To the maximum extent practicable, the Program shall seek to serve as a demand-driven mechanism in response to cyber and digital technology needs as determined by the participating foreign government partner.
(b) Purposes.--The purposes of the Program shall include the following:
(1) To streamline foreign government partner procurement of trusted cyber and digital technologies, including commercial off-the-shelf technologies, consistent with United States export control laws, including cybersecurity standards appropriate to relevant policy goals of the United States.
(2) To establish long-term cyber and digital technology procurement pipelines with United States providers, including after the termination of the Program.
(3) To identify the appropriate United States Government financing mechanisms to address challenges associated with affordability of trusted cyber and digital technologies.
(4) To provide a comprehensive package to foreign government partners, with the support of and in coordination with United States industry technical experts, as appropriate, to navigate trusted cyber and digital technology procurement requirements, to understand technical and system complexity, to assess absorptive capacity, and to identify foreign government partner-specific logistical and export control challenges, including by--
(A) designing and implementing procurement, deployment, and technical knowledge transfer that enable the participating foreign government partner to modernize and secure systems;
(B) providing clear guidelines for United States and trusted foreign supplier entry and eligibility;
(C) conducting assessments related to the participating foreign government partner's workforce or technological requirements, including any gaps in absorptive capacity, including--
(i) feasibility studies to identify, design, and implement the deployment of trusted cyber and digital technology solutions; and
(ii) sustainability assessments to determine the participating foreign government partner's ability to procure and invest in trusted cyber and digital technologies, including the ability to sustain such investments in the long-term;
(D) providing capacity building to ensure that the participating foreign government partner obtains the relevant skills for requirements identification and assessment, integration of United States procurements into existing operating environments, research and procurement, logistics, deployment, and configuration to ensure a long-term arrangement with United States suppliers; and
(E) assisting the participating foreign government partner in developing a long-term strategy to procure and budget for trusted cyber and digital technology procurements, including beyond the end of the Program's lifecycle.
(5) To assess the risks and tradeoffs of foreign government partners adopting cyber and digital technologies from foreign countries of concern and prioritize foreign government partners for outreach efforts based on that risk assessment.
(c) Covered Cyber and Digital Technologies.--In implementing the Program, the Secretary of State shall, in coordination with the participating foreign government partner and United States industry technical experts, as appropriate, prioritize the following trusted cyber and digital technologies, as well as any other trusted cyber and digital technologies designated by the Secretary pursuant to subsection (d):
(1) Software and its associated subscriptions and licensing, including--
(A) operating systems;
(B) enterprise management software;
(C) cloud-based storage solutions and compute access;
(D) industrial control and automation software, including Supervisory Control and Data Acquisition (SCADA), distributed control systems (DCS), and programmable logic controller (PLC) programming environments;
(E) digital twin, simulation, and modeling software; and
(F) cloud and edge orchestration platforms for robotic and operational technology (OT) device management.
(2) Hardware, including--
(A) processors;
(B) human-machine interfaces (HMIs) and operator consoles;
(C) networking equipment, including switches, routers, and gateways;
(D) industrial networking equipment;
(E) biotechnology equipment, including genomic sequencers and related hardware; and
(F) other related technologies.
(3) Cybersecurity products, including--
(A) firewalls;
(B) intrusion detection and prevention systems;
(C) Security Information and Event Management (SIEM) systems;
(D) threat intelligence and monitoring systems;
(E) endpoint detection systems;
(F) Security Operations Centers (SOC);
(G) secure authentication systems; and
(H) cybersecurity training and consulting services.
(4) Telecommunications equipment, including--
(A) subsea fiber-optic cable and associated equipment;
(B) cellular equipment, including open radio access network (ORAN) equipment;
(C) satellite-enabling infrastructure; and
(D) broadband infrastructure, including fiber optic network equipment.
(5) Equipment and related products to enable the adoption of artificial intelligence (AI) solutions, including--
(A) compute;
(B) storage;
(C) memory;
(D) models, including both closed- and open-weight models;
(E) AI model licenses;
(F) edge AI capabilities, including next-generation smartphone technology and relevant mobile operating systems; and
(G) AI model applications.
(d) Annual Review of Covered Cyber and Digital Technologies.--The Secretary of State shall conduct an annual assessment to identify the inclusion or removal of technologies under subsection (c) based on the national security risk to the United States of a foreign country of concern gaining significant market share of such technology within a foreign government partner country.
(e) Risk Mitigation Requirements.--The Secretary shall--
(1) before approving a partnership under the Program--
(A) conduct, and submit to the appropriate congressional committees, an initial assessment of cyber and digital technology misuse and diversion risks, including--
(i) the foreign government partner's export control enforcement capacity;
(ii) the foreign government partner's history of technology transfer to foreign countries of concern, including permitting remote access to technology; and
(iii) investments by foreign countries of concern in the foreign government partner's critical sectors;
(B) establish monitoring and mitigation requirements proportional to the risk assessed under paragraph (1);
(C) include end-use monitoring provisions in all Program agreements; and
(D) coordinate with the intelligence community and the Department of Defense regarding counterintelligence and national security risks; and
(2) on an annual basis for the duration of a partnership under the Program, update and submit to the
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appropriate congressional committees the assessment required by paragraph (1) in order to continually assess the conditions described in clauses (i), (ii), and (iii) of paragraph (1)(A), including any improvements in such conditions.
(f) Foreign Government Partner Contribution.--For any partnership with a foreign government partner under the Program, the Secretary shall, to the maximum extent practicable, seek to ensure cost-sharing with the foreign government partner to facilitate the foreign government partner's long-term buy-in and sustained procurements of trusted cyber and digital technologies.
(g) Additional Interagency Coordination.--In implementing the Program, to address challenges associated with affordability, financing, technical evaluations, procurement requirements, and long-term capacity building, the Secretary of State shall, on a case-by-case basis, coordinate, as appropriate, with the relevant Federal agencies, including the Department of Commerce, the United States International Development Finance Cooperation, and the United States Trade and Development Agency.
(h) Use of Funds.--Funds made available to carry out the Program shall be used--
(1) to provide assistance or financing--
(A) to foreign government partner civilian government agencies; or
(B) to law enforcement or military agencies, only if such entities are the owners and operators of the foreign government partner's civilian critical infrastructure; and
(2) to develop blended finance mechanisms, co-developed with the participating foreign government partner, that partners with fund managers, project developers, third-party investors, infrastructure providers, and other private partners to advance the objections outlined in subsection (b).
(i) Partner Disqualification.--
(1) Prohibition on the use of funds.--No funds shall be made available under this subtitle to--
(A) a foreign country of concern; or
(B) any country, entity, or person--
(i) upon which sanctions are imposed by the United States Department of the Treasury; or
(ii) that is an entity or person on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 14, Code of Federal Regulations.
(2) Vetting.--The Secretary of State shall vet foreign government partners to determine whether there is credible information that such partner--
(A) has committed serious human rights abuses or engaged in corruption, as defined by section 1 of Executive Order 13818 (50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), or is determined to be ineligible for assistance pursuant to section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d); and
(B) uses or is likely to use technologies outlined in subsection (c) and supported by this subtitle to engage in--
(i) violations of human rights;
(ii) targeted or bulk surveillance in violation of rule of law principles or fundamental freedoms;
(iii) the monitoring of journalists, activists, human rights defenders, opposition parties, or political dissidents;
(iv) internet shutdowns or to limit or control elections or protests;
(v) political censorship or the targeting and suppression of political speech or political opponents;
(vi) denial of access to technology or services based on race, ethnicity, gender, religion, or other discriminatory factors; and
(vii) acts of transnational repression.
(3) Disqualification.--Any foreign government partner determined by the Secretary of State to engage in the activities described in paragraph (2)(B) shall be ineligible for support or assistance under this subtitle.
(j) Regional Technology Officers.--The Secretary of State shall, to the maximum extent practicable, leverage the Department of State's Regional Technology Officer Program, pursuant to section 9508 of the Department of State Authorization Act of 2022 (22 U.S.C. 10305), to assist United States overseas missions in identifying foreign government partners to participate in the Program.
(k) Foreign Commercial Officers.--As appropriate, the Secretary of State shall, in coordination with the Secretary of Commerce, seek to leverage the Foreign Commercial Officer Program to assist United States overseas missions in identifying foreign government partners to participate in the Program.
(l) Congressional Notification Requirement.--Not later than 15 days before amounts from the Cyberspace, Digital Connectivity, and Related Technologies (CDT) Fund are obligated for purposes of carrying out this section, the Secretary of State shall submit notification of such obligation to--
(1) the Committee on Foreign Relations in the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs in the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(m) Annual Report.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of State, in coordination with the Secretary of Commerce, shall submit to the appropriate congressional committees a report that includes--
(1) a complete list of participating foreign government partners in the Program;
(2) progress and results achieved in the previous calendar year;
(3) the overall amount of purchases or investments each foreign government partner has made since initial participation in the Program;
(4) specific trusted cyber and digital technologies provided to participating foreign government partners, including--
(A) the name of the provider company or companies;
(B) the total value of the procurements;
(C) description of the capability; and
(D) how the procured capability addresses the original request submitted by the foreign government partner, if applicable;
(5) next steps for each participating foreign government partner in their respective Program pipeline;
(6) any challenges for a foreign government partner's participation in the Program, including how those challenges are being addressed; and
(7) how risks related to technology transfer, if applicable, are being mitigated.
(n) Authorization of Appropriations.--There is authorized to be appropriated
$500,000,000 for fiscal year 2026 through fiscal year 2031 to the Cyberspace, Digital Connectivity, and Related Technologies (CDT) Fund under section 592 of the Foreign Assistance Act for Fiscal Year 1961 (22 U.S.C. 2349cc-1) for purposes of carrying out this section.
(o) Sunset.--The Program and its associated authorities established under this section shall terminate on the date that is eight years after the date of the enactment of this Act.
SEC. 1285. OFFICE OF UNITED STATES TECHNOLOGY PROCUREMENT.
(a) Designation of Responsibility.--The Secretary of State shall designate an existing office within the Bureau for Cyberspace and Digital Policy of the Department of State, or newly establish an Office of United States Technology Procurement (referred to in this subtitle as the "Office"), which shall be responsible for administering the Program.
(b) Personnel.--
(1) Composition.--The Office shall be comprised of a Director, a Deputy Director, and such other staff as the Secretary deems appropriate.
(2) Staffing.--The Office shall include personnel with demonstrated expertise or experience in performing the following functions:
(A) Grant design and management.
(B) Program monitoring, evaluation, and learning.
(C) Cyber and digital technology commercialization, deployment, or procurement.
(3) Director.--The Director of the Office shall fulfill the following responsibilities:
(A) Identify, on an annual basis, specific strategic priorities for the Program consistent with United States national security priorities and objectives.
(B) In coordination with the other relevant officials, select and approve all partnerships with foreign government partners under the Program.
(C) Conduct oversight, monitoring, and evaluation of the effectiveness of the Program, including long-term outcome assessments, to ensure the Program advances United States foreign policy and national security interests and to ensure monitoring, evaluation, and learning results directly inform future grant decisions.
(D) Ensure, to the maximum extent practicable, that all Program activities are carried out in coordination with other Federal efforts to promote the United States technology stack overseas.
(E) Compiling and submitting the list required by section 1284(m).
(4) Deputy director.--The Deputy Director of the Office may have responsibility for policy and programming to assist the Director, particularly with respect to coordination with other United States departments and agencies.
(c) Authorization of Appropriations.--There is authorized to be appropriated $2,000,000 for fiscal years 2026 through 2028 for the purposes of implementing the Office.
SEC. 1286. EXPANDING NECESSARY TECHNOLOGY AND RELATED
EXPERTISE AT UNITED STATES OVERSEAS MISSIONS.
(a) Sense of Congress.--It is the sense of Congress that, for the United States Government to successfully implement the Program, it is vital that the United States recruit and retain the necessary talent to facilitate such partnerships.
(b) In General.--The Secretary of State shall, to the maximum extent possible, take measures to ensure that United States overseas missions in countries that are participating in the Program host at least one full-time personnel with demonstrated proficiency in matters related to cybersecurity, technology, and other related expertise to sufficiently carry out the Program.
SEC. 1287. EXTENDING AUTHORIZATION OF APPROPRIATIONS FOR THE
REGIONAL TECHNOLOGY OFFICER PROGRAM.
Subsection (d) of section 9508 of the Department of State Authorization Act of 2022 (22 U.S.C. 10305) is amended by striking "2027" and inserting "2032".
SEC. 1288. PRESERVING MARKET-BASED COMPETITION FOR CYBER AND
DIGITAL TECHNOLOGIES.
(a) Statement of Policy.--It is the policy of the United States to support market-based mechanisms for the export and adoption of United States cyber and digital technologies abroad, and to oppose state-directed or state-controlled economic models that risk to displace or crowd out private-sector competition in cyber and digital technology markets.
(b) In General.--Nothing in this subtitle shall be construed to permit the Secretary of State, in coordination with other relevant Federal agencies, in carrying out the program outlined in section 1284(a)--
(1) to unduly interfere with, or seek to substitute for, market-based competition among United States cyber and digital technology providers;
(2) to condition access to program support on the acceptance of commercial terms, partnerships, or business arrangements that United States cyber and digital technology providers would not voluntarily accept in an arm's length commercial transaction; or
(3) to require foreign government partners to receive approval from the United States Government for procurements from United States cyber and digital technology providers pursued outside the Program, except as otherwise required by any other regulations or Federal law.
(c) Cyber and Digital Technology Small Business Owners.--Notwithstanding subsection (a), in carrying out the Program, the Secretary of State may provide targeted assistance, including capacity-building support and the facilitation of foreign government partner engagement, to United States small businesses and companies that lack the global reach, existing relationships, or resources to compete independently in foreign government partner procurement markets, provided that such assistance does not confer an unfair competitive advantage over other United States cyber and digital technology providers.
SEC. 1289.
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GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than one year after the date of the enactment of this Act, and not less frequently than every two years until the termination of the Program's authorities, the Comptroller General of the United States shall conduct and submit to the appropriate congressional committees a review of the Program. The review shall include an assessment of the Department of State's implementation of the Program, including--
(1) the Department of State's capacity to implement the Program, including personnel and budgetary resources;
(2) whether the Department of State has established the necessary processes and procedures to successfully achieve the Program objectives outlined in section 1284;
(3) the Department of State's ability to conduct appropriate monitoring and evaluation of Program implementation;
(4) any technologies added or removed from the list under section 1284(c) of covered cyber and digital technologies; and
(5) any other elements deemed necessary by the Comptroller General of the United States.
SEC. 1290. FOREIGN SERVICE OFFICER TECHNOLOGY CAREER TRACK
FEASIBILITY STUDY AND REPORT.
Not later than 1 year after the date of the enactment of this Act, the Secretary shall--
(1) conduct a study to determine the feasibility and advisability of establishing a dedicated technology policy career track or "cone" for Foreign Service officers; and
(2) submit a report containing a summary of the results of such study to the appropriate committees of Congress.
SEC. 1291. DERIVATION OF FUNDS.
Amounts made available to carry out this subtitle shall be derived from amounts authorized to be appropriated or otherwise made available to the Department of State.
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SA 6514. Mr. WARNER 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:
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At the end of part III of subtitle F of title V, add the following:
SEC. 566. DEPLOYMENT-READY EMPLOYER DESIGNATION WITHIN
MILITARY SPOUSE EMPLOYMENT PARTNERSHIP.
(a) Establishment.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish within the Military Spouse Employment Partnership a voluntary recognition designation, to be known as the "Deployment-Ready Employer" designation, for employers that demonstrate exemplary support for military spouses and military families during periods of military deployment.
(b) Criteria.--In establishing criteria for the designation under subsection (a), the Secretary may consider whether an employer maintains policies or practices relating to--
(1) workplace flexibility for military spouses during periods of military deployment;
(2) telework or remote work opportunities, where duties permit;
(3) flexible scheduling to accommodate military family responsibilities;
(4) leave policies responsive to military family needs;
(5) employment continuity for military spouses following permanent changes of station;
(6) recruitment, retention, and career advancement of military spouses; and
(7) such other factors as the Secretary determines appropriate.
(c) Consultation.--In establishing criteria for the designation under subsection (a), the Secretary shall consult with military spouses, employers participating in the Military Spouse Employment Partnership, military family advocacy organizations, and other stakeholders, as determined appropriate by the Secretary.
(d) Recognition.--The Secretary shall--
(1) publicly recognize employers receiving the designation under subsection (a);
(2) maintain on a publicly available website a list of employers receiving the designation; and
(3) promote employers with the designation through outreach and engagement activities of the Military Spouse Employment Partnership.
(e) Annual Briefing.--Not later than March 1 of each year beginning after the establishment of the designation under subsection (a), the Secretary shall provide to
the Committees on Armed Services of the Senate and the House of Representatives a briefing on--
(1) participation in the designation program under subsection (a);
(2) employer practices identified as effective in supporting military families during deployments; and
(3) any recommendations for improving employment outcomes for military spouses.
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SA 6515. Mr. WARNER 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:
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At the end of subtitle B of title XXVIII, add the following:
SEC. 2829. TRACKING OF REPEATED HOUSING DEFECTS AND MANDATORY
ESCALATION.
(a) In General.--Subchapter III of chapter 169 of title 10, United States Code is amended by inserting after section 2869 the following new section:
"Sec. 2869a. Tracking of repeated housing defects and
mandatory escalation
"(a) In General.--The Secretary of Defense shall require each Secretary concerned to establish a standardized process for identifying and tracking repeated housing defects in--
"(1) military unaccompanied housing (as defined in section 2871 of this title);
"(2) military family housing owned by the Federal Government; and
"(3) housing under subchapter IV of this chapter that is associated with a military installation.
"(b) Required Escalation.--The Secretary of Defense shall require that, upon identification of a repeated housing defect--
"(1) the matter shall be elevated for review above the installation housing office level;
"(2) a root-cause assessment shall be conducted; and
"(3) any interim measures necessary to protect affected residents shall be implemented.
"(c) Data Elements.--The Secretary of Defense shall require the collection of standardized data relating to repeated housing defects, including--
"(1) the nature of the defect;
"(2) the number of prior work orders or complaints relating to the same or substantially similar condition;
"(3) the period during which the defect recurred;
"(4) the time required for final remediation of the defect; and
"(5) such other information as the Secretary determines appropriate.
"(d) Repeated Housing Defect Defined.--In this section, the term `repeated housing defect' means a maintenance issue, habitability concern, or health or safety hazard that--
"(1) recurs in the same housing unit, room, building, or materially related area; or
"(2) results in multiple work orders for substantially the same underlying condition within a period determined by the Secretary of Defense.".
(b) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement section 2869a of title 10, United States Code, as added by subsection (a), including standardized definitions and thresholds for escalation.
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SA 6516. Mr. WARNER 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:
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At the end of subtitle B of title VIII, add the following:
SEC. 823. 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.
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SA 6517. Mr. WARNER 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:
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At the end of subtitle H of title V, add the following:
SEC. 587. IMPROVEMENTS TO OVERSIGHT, EVALUATION, AND
IMPLEMENTATION OF NON-CLINICAL SUICIDE
PREVENTION TRAINING.
(a) Guidance and Reporting Requirements.--Not later than 180 days after the date of enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall issue guidance requiring each military department to submit annually to the Defense Suicide Prevention Office data regarding completion of required non-clinical suicide prevention training for members of the Armed Forces. The guidance shall--
(1) prescribe standardized reporting requirements;
(2) provide for collection of active, reserve, and National Guard component data, as applicable;
(3) establish common metrics for measuring completion rates; and
(4) enable the Defense Suicide Prevention Office to monitor department-wide compliance and inform policy development.
(b) Monitoring and Corrective Action.--The Secretary of each military department shall ensure that the office responsible for suicide prevention--
(1) regularly monitors completion of required annual non-clinical suicide prevention training across the military department;
(2) identifies organizations or commands with incomplete training requirements;
(3) notifies appropriate prevention personnel and commanders when deficiencies are identified; and
(4) establishes procedures for corrective action and follow-up to ensure completion of required training.
(c) Standardization of Training Records.-- The Secretary of each military department shall establish standardized procedures for recording approved annual non-clinical suicide prevention training in the applicable enterprise training management systems. Such procedures shall--
(1) provide uniform course titles and identifiers;
(2) ensure reliable and accurate data collection;
(3) prevent duplicate or inconsistent entries; and
(4) enable headquarters-level oversight of training completion.
(d) Evaluation of Training Effectiveness.--Not later than one year after the date of enactment of this Act, each military department shall develop and implement a written evaluation plan for annual non-clinical suicide prevention training. Each such plan shall--
(1) identify desired training outcomes and performance measures;
(2) assess participant knowledge and behavioral outcomes;
(3) measure the extent to which training objectives are achieved;
(4) identify opportunities for improvement;
(5) include periodic review and updating of training content; and
(6) incorporate leading practices for program evaluation.
(e) Department-wide Assessment Framework.--The Under Secretary of Defense for Personnel and Readiness, acting through the Director of the Defense Suicide Prevention Office, shall establish a framework for assessing the effectiveness of non-clinical suicide prevention training throughout the Department of Defense and shall periodically review data provided by the military departments to identify trends, gaps, and opportunities for improvement.
(f) Project Management and Implementation of Independent Review Committee Recommendations.--The Director of the Defense Suicide Prevention Office, in coordination with the Secretaries of the military departments, shall maintain project plans for implementation of recommendations relating to non-clinical suicide prevention training made by the Suicide Prevention and Response Independent Review Committee. Such project plans shall--
(1) identify milestones, deliverables, and responsible officials;
(2) include procedures for managing uncertainty and changing requirements;
(3) provide for iterative updates as additional information becomes available;
(4) assess risks to implementation, including staffing and resource challenges;
(5) identify mitigation strategies; and
(6) establish mechanisms for tracking progress toward completion.
(g) Briefing and Report.--Not later than 270 days after the date of enactment of this Act, and annually thereafter through 2030, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing--
(1) department-wide training completion rates;
(2) actions taken to address deficiencies in training completion;
(3) results of evaluations conducted under subsection (d);
(4) progress implementing recommendations of the Suicide Prevention and Response Independent Review Committee relating to training; and
(5) any legislative or resource requirements necessary to improve non-clinical suicide prevention training.
______
SA 6518. Mr. WARNER (for himself and Mr. Cornyn) 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:
Text printed in the Record (4,807 characters)
At the end of subtitle B of title XXVIII, add the following:
SEC. 2829. DESIGNATION OF CRITICAL HOUSING AREAS AND
COMMUNITY PARTNERSHIP RESPONSE PLANS.
Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2869 the following new section:
"Sec. 2869a. Critical housing areas and community
partnership response plans
"(a) Designation of Critical Housing Areas.--The Secretary of Defense shall establish a process to identify and designate geographic areas in the vicinity of military installations in which shortages of available and affordable housing materially affect members of the armed forces and their families. Any area so designated shall be known as a `critical housing area'.
"(b) Factors for Consideration.--
"(1) In general.--In carrying out the designation of critical housing areas under subsection (a), the Secretary of Defense shall develop criteria for such designation that includes, at a minimum, the following factors:
"(A) Rental vacancy rates.
"(B) Housing cost burdens borne by members of the armed forces and their families.
"(C) Availability of housing suitable for families of different sizes and for junior enlisted members of the armed forces.
"(D) Length and burden of commuting patterns.
"(E) Availability of temporary lodging and transition housing options.
"(F) Barriers to housing production or occupancy, including land-use, zoning, infrastructure, permitting, transportation, utility, and school-capacity constraints.
"(G) Such other factors as the Secretary determines appropriate.
"(2) Public comment.--The Secretary shall solicit and include in the criteria developed under paragraph (1) public comments from stakeholders.
"(c) Publication and Updates.--The Secretary of Defense shall--
"(1) maintain a list of critical housing areas designated under subsection (a);
"(2) update such list not less frequently than annually; and
"(3) submit to the congressional defense committees notice of each new designation, redesignation, or termination of designation under subsection (a), together with a brief explanation of the basis therefor.
"(d) Community Partnership Response Plan.--
"(1) In general.--For each critical housing area designated under subsection (a), the Secretary concerned, acting through the relevant installation commander or commanders, shall develop a community partnership response plan.
"(2) Consultation.--In developing a response plan under paragraph (1), the Secretary concerned shall consult, as appropriate, with--
"(A) State, local, Tribal, and territorial governments;
"(B) public housing agencies, housing finance agencies, and housing authorities;
"(C) metropolitan planning organizations and regional planning bodies;
"(D) transit, utility, and infrastructure authorities;
"(E) partners in providing housing under subchapter IV of this chapter, as appropriate; and
"(F) such other public or private entities as the Secretary concerned determines appropriate.
"(3) Required elements of plan.--Each community partnership response plan under paragraph (1) shall include--
"(A) an assessment of local housing market conditions affecting members of the armed forces and their families;
"(B) identification of the principal drivers of housing unaffordability, housing shortage, or housing inaccessibility in the area;
"(C) an assessment of local regulatory, land-use, infrastructure, transportation, utility, school-capacity, or permitting barriers affecting housing availability;
"(D) a description of Federal, State, local, and private tools already in use to address such barriers;
"(E) recommended near-term and long-term actions to improve housing supply, affordability, or access;
"(F) estimated costs and potential sources of support for such actions;
"(G) measurable outcomes and implementation timelines; and
"(H) any recommendations for administrative or legislative action.
"(e) Coordination With Existing Authorities.--The Secretary of Defense shall ensure, to the maximum extent practicable, that activities under this section are coordinated with other authorities of the Department of Defense relating to housing (including housing under subchapter IV of this title), installation-community partnerships, and intergovernmental support.
"(f) Annual Report.--Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report setting forth--
"(1) each critical housing area designated under subsection (a);
"(2) the status of each community partnership response plan developed under subsection (d);
"(3) early performance outcomes associated with activities assisted under this section; and
"(4) any statutory or regulatory barriers identified by installations or communities.".
______
SA 6519. Mr. DURBIN (for himself and Mr. Daines) 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:
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At the end of subtitle G of title X, add the following:
SEC. ___. 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;
"(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, 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.
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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
"(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";
(II) by striking "National Laboratories in" and inserting "National Laboratories such as"; and
(III) by adding "and" after the semicolon at the end; 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.
SA 6520. Ms. HASSAN (for herself and Mr. Cornyn) 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:
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At the appropriate place, insert the following:
SEC. ___. DARK WEB INTERDICTION ACT OF 2026.
(a) Short Title.--This section may be cited as the "Dark Web Interdiction Act of 2026".
(b) Findings and Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) The dark web is made up of websites and other network services that leverage overlay networks providing anonymity. These overlay networks use the internet but require specific software and configurations to access. The overlay networks use multiple encrypted traffic relays for which an individual relay computer knows its source of information and where the individual computer is sending the information but never knows both the original source and ultimate destination of the traffic simultaneously. This anonymity has provided criminals with the ability to host illicit material in a way that circumvents the ability of law enforcement agencies to serve legal process to remove or effectively investigate websites offering illegal content or goods for purchase or sharing.
(B) Dark web marketplaces include e-commerce websites based on the dark web on which individuals use virtual currencies to engage in transactions involving drugs, weapons, malware, counterfeit currency, stolen credit cards, personal identifying information, forged documents, unlicensed pharmaceuticals, and other illicit goods.
(C) Due to the anonymity provided by the dark web, illicit activities can be hosted from anywhere in the world without accountability to--
(i) the Federal Government;
(ii) Federal laws; or
(iii) any other government or system of laws.
(D) The use of the dark web to distribute illegal drugs has contributed and continues to contribute to the substance abuse crisis that is devastating communities across the United States. This devastation is due in large part to the fact that the dark web has made illicit goods obtainable anonymously.
(E) Law enforcement agencies at every level of government continue to investigate drug trafficking and the sale of illegal goods and services through the dark web that occurs as a result of interactions on the dark web, both within the United States and at the international border of the United States, but the increased anonymity the internet provides has made it more difficult to identify and prosecute the individuals and organizations who--
(i) administer or otherwise operate websites on the dark web that facilitate the distribution of illegal drugs, goods, or services; or
(ii) buy and sell illegal drugs, goods, or services through illicit marketplaces hosted on the dark web.
(F) Despite difficulties in identifying and locating individuals and organizations who engage in drug trafficking on the dark web, law enforcement agencies have been effective in investigating and prosecuting the distribution of illegal drugs through illicit marketplaces on the dark web, as evidenced by Operation SpecTor, an operation conducted across 3 continents that resulted from a partnership between the Department of Justice and foreign law enforcement agencies, which--
(i) was announced in May 2023;
(ii) resulted in--
(I) 288 arrests;
(II) the seizure of approximately 850 kilograms of drugs, including 64 kilograms of fentanyl or fentanyl-laced narcotics;
(III) the seizure of 117 firearms; and
(IV) the seizure of $53,400,000 in cash and virtual currencies; and
(iii) is an example of one of many cases conducted jointly by--
(I) the Federal Bureau of Investigation;
(II) the Drug Enforcement Administration;
(III) Homeland Security Investigations;
(IV) United States Customs and Border Protection;
(V) the United States Postal Inspection Service;
(VI) the Financial Crimes Enforcement Network;
(VII) the Bureau of Alcohol, Tobacco, Firearms and Explosives;
(VIII) the Naval Criminal Investigative Service;
(IX) the Department of Justice;
(X) the Department of Defense; and
(XI) additional local, State, and international law enforcement partners.
(G) Although law enforcement agencies have succeeded in investigating the distribution and sale of illegal drugs, goods, and services that occurs as a result of interactions on the dark web, investigative and prosecutorial collaboration, innovation, and advancement are critical to--
(i) increasing the capacity to combat the threat posed by the dark web and the illicit marketplaces hosted on the dark web; and
(ii) enhancing collaboration and coordination among Federal, State, Tribal, local, international and other law enforcement partners, as appropriate.
(2) Sense of congress.--It is the sense of Congress that--
(A) the dark web and illicit marketplaces hosted on the dark web facilitate the distribution of illegal drugs and pose a unique threat to the public health and national security in the United States; and
(B) Congress should--
(i) support law enforcement agencies and prosecutors at the Federal, State, Tribal, local, and international levels in their efforts to investigate and prosecute the distribution of illegal drugs, goods, and services through the dark web; and
(ii) increase the investigative and prosecutorial tools available to law enforcement agencies and prosecutors to address the distribution of illegal drugs, goods, and services through the dark web.
(c) Definitions.--In this section:
(1) Dark web.--The term "dark web" has the meaning given the term in subsection (i) of section 401 of the Controlled Substances Act (21 U.S.C. 841), as added by section 4 of this Act.
(2) Director.--The term "Director" means the Director of the task force.
(3) Illicit marketplace.--The term "illicit marketplace" means a website on the dark web on which individuals can use virtual currency to engage in transactions involving drugs, weapons, malware, counterfeit currency, stolen credit cards, personal identifying information, forged documents, or other illicit goods.
(4) Indian tribe.--The term "Indian Tribe" has the meaning given the term "Indian tribe" in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Opioid.--The term "opioid" has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(6) Task force.--The term "task force" means the Joint Criminal Opioid and Darknet Enforcement Task Force established under subsection (e)(1)(A).
(d) Offenses Involving the Dark Web.--Section 401 of the Controlled Substances Act (21 U.S.C.
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841) is amended by adding at the end the following:
"(i) Offenses Involving Dispensing of Controlled Substances by Means of the Dark Web.--
"(1) Definition of dark web.--In this subsection, the term `dark web' means a portion of the internet in which there are hidden sites and services that--
"(A) are not indexed by an internet search engine; and
"(B) are only accessible to users of specific devices, software, routing and anonymizing services, authorizations, or configurations that conceal the identities and locations of users.
"(2) Offense.--It shall be unlawful for any person to knowingly or intentionally--
"(A) deliver, distribute, or dispense a controlled substance by means of the dark web, except as authorized by this title; or
"(B) aid or abet (as such terms are used in section 2 of title 18, United States Code) any activity described in subparagraph (A) that is not authorized by this title.
"(3) Penalty.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines and policy statements to provide for a 2-level increase above the sentence otherwise applicable for a violation of paragraph (2).".
(e) Joint Criminal Opioid and Darknet Enforcement Task Force.--
(1) Establishment.--
(A) In general.--There is established in the Federal Bureau of Investigation an interagency program that shall be known as the Joint Criminal Opioid and Darknet Enforcement Task Force.
(B) Director.--The task force shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Purpose.--The purpose of the task force shall be to detect, disrupt, and dismantle illicit marketplaces.
(3) Components.--
(A) Representatives.--The task force shall include representatives from--
(i) the Federal Bureau of Investigation;
(ii) the Drug Enforcement Administration;
(iii) the United States Postal Inspection Service;
(iv) Immigration and Customs Enforcement;
(v) the Bureau of Alcohol, Tobacco, Firearms and Explosives;
(vi) Homeland Security Investigations;
(vii) United States Customs and Border Protection;
(viii) the Department of Defense;
(ix) the Financial Crimes Enforcement Network; and
(x) the Department of Justice.
(B) Consultation.--The Director may consult with any State, Tribal, local, or international department or agency the Director determines necessary to carry out the purpose of the task force described in subsection (b).
(4) Duties and functions.--To further the purpose of the task force described in paragraph (2), the task force shall--
(A) engage in--
(i) proactive and reactive investigations; and
(ii) forensic and cyberforensic examinations;
(B) provide forensic and cyberforensic, technical, preventive, and investigative training and assistance to--
(i) prosecutors; and
(ii) law enforcement agencies;
(C) develop best practices to assist Federal, State, Tribal, and local law enforcement agencies, prosecutors, and others, as appropriate, in the collection of evidence in order to determine and investigate possible nexuses to the dark web and virtual assets, including--
(i) evidence logging;
(ii) evidence maintenance; and
(iii) evidence sharing;
(D) develop multijurisdictional and multiagency responses and partnerships with Federal, international, local, and other law enforcement agencies, as appropriate, by--
(i) establishing procedures for information sharing;
(ii) establishing lists of recommended specialized equipment and tools to investigate and prosecute the distribution of illicit drugs, goods, and services on the dark web; and
(iii) helping the agencies acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute the distribution of illegal drugs, goods, and services through the dark web;
(E) create novel investigative approaches to--
(i) target emerging technologies that facilitate the distribution of opioids through illicit marketplaces on the dark web; and
(ii) build forensic capacity and expertise to meet the challenges posed by the technologies;
(F) enhance collaboration and coordination with international partners; and
(G) engage in any other activities the Director determines necessary to carry out the duties of the task force.
(5) Guidance and training.--The task force shall provide guidance and training to officers and employees of the Federal Bureau of Investigation and other Federal, international, and other law enforcement agencies, as appropriate, relating to--
(A) techniques and procedures to--
(i) recognize evidence or potential evidence relating to the dark web; and
(ii) identify and recognize patterns and practices relating to the distribution of illegal drugs, services, and goods through the dark web;
(B) the types of information that should be collected and recorded in information technology systems used by the Federal Bureau of Investigation to help--
(i) identify administrators and operators of illicit marketplaces;
(ii) identify vendors, buyers, and other individuals involved in the distribution of opioids through illicit marketplaces; and
(iii) detect, disrupt, and dismantle illicit marketplaces;
(C) procedures for systematic and routine information sharing within the Federal Bureau of Investigation and between Federal, State, Tribal, and local law enforcement agencies; and
(D) any other training or guidance the Director determines necessary to carry out the duties of the task force.
(6) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation, acting through the Director, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include, for the previous year--
(A) a summary of the activities and accomplishments of the task force;
(B) a description of the investigative methods used by the task force, including an assessment of the effectiveness of the methods;
(C) information on investigation and prosecution performance measures for the task force, including--
(i) the number of investigations the task force conducted or assisted;
(ii) the number of illicit marketplaces detected, disrupted, or dismantled as a result of an investigation conducted or assisted by the task force;
(iii) the number of arrests relating to an investigation conducted or assisted by the task force; and
(iv) statistics that account for the disposition of investigations by the task force that did not result in an arrest or a prosecution;
(D) an assessment of partnerships between the task force and other Federal, State, Tribal, and local law enforcement agencies, including the effectiveness of guidance and training provided by the task force to personnel of other Federal, State, Tribal, and law enforcement agencies;
(E) an evaluation of the collaboration and coordination between the task force and international partners;
(F) recommendations for additional congressional or legislative action, as appropriate, that would be useful or necessary to achieve the purpose of the task force described in subsection (b);
(G) a summary of how transactions involving the distribution of illegal drugs, goods, and services through the dark web are financed;
(H) a description of a plan to increase the capacity to investigate the distribution of illegal drugs, goods, and services through the dark web; and
(I) recommendations for additional congressional or legislative action, as appropriate, that would improve the efforts of Federal agencies to detect, disrupt, and dismantle illicit marketplaces, including efforts to identify individuals and groups involved in the distribution of illegal drugs, goods, and services through the dark web.
(7) Funding.--The Director shall carry out this subsection using amounts otherwise made available to the Attorney General.
(8) Sunset.--This subsection shall cease to have force or effect on the date that is 5 years after the date of enactment of this Act.
(f) Report on Virtual Currencies.--Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Treasury and the Secretary of Homeland Security, shall submit to Congress a report on the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web, which shall include--
(1) a summary of how virtual currencies are--
(A) used to finance transactions involving the distribution of opioids through illicit marketplaces on the dark web; and
(B) exchanged in the course of transactions described in subparagraph (A), including transactions involving--
(i) peer-to-peer networks;
(ii) virtual currency;
(iii) money transmitters; or
(iv) other financial institutions;
(2) the number of instances involving the distribution of opioids through illicit marketplaces on the dark web in which an individual involved used a virtual currency to finance the distribution;
(3) the most common types of virtual currencies used by individuals involved in the distribution of opioids through illicit marketplaces on the dark web;
(4) an assessment of the capacity to investigate the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web, including--
(A) efforts to assist financial institutions in detecting, identifying, and reporting suspicious activity and money laundering;
(B) efforts to obtain financial records and other documents from virtual currency operators and exchanges;
(C) training and guidance to Federal, State, Tribal, and local law enforcement agencies and prosecutors; and
(D) coordination and collaboration with international partners; and
(5) recommendations for additional congressional or legislative action that would improve the efforts of Federal agencies to detect, disrupt, and dismantle illicit marketplaces on the dark web, including efforts to identify individuals using virtual currencies in the distribution of opioids through illicit marketplaces on the dark web.
(g) Five-year Update.--It is the sense of Congress that, not less frequently than once every 5 years, Congress should evaluate and, if necessary, update the definition of the term "dark web" in section 401(i) of the Controlled Substances Act (21 U.S.C. 841(i)), as added by subsection (d) of this section.
(h) Severability.--If any portion of this section, or the amendments made by this section, or the application thereof to any person or circumstance is held invalid, the remainder of this section and the amendments made by this section, and the application of this section or the amendments made by this section to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.
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SA 6521. Mr. VAN HOLLEN (for himself and Mr. Curtis) 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:
Text printed in the Record (3,614 characters)
At the end of subtitle D of title XII, add the following:
SEC. 1252. 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).
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SA 6522. Mr. VAN HOLLEN (for himself and Mr. Rounds) 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:
Text printed in the Record (7,215 characters)
At the end of subtitle A of title XII, add the following:
SEC. 1210. 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
(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) 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 of State.
(d) 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--
(1) 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
(2) provide increased economic and technical assistance to young 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.
(e) Fellowships.--
(1) 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--
(A) are between 25 and 35 years of age;
(B) have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership; and
(C) have had a positive impact in their communities, organizations, or institutions.
(2) Oversight.--The fellowships described in paragraph (1) shall be overseen by the Secretary of State through the Bureau of Educational and Cultural Affairs.
(3) Eligibility.--The Secretary of State shall establish and publish--
(A) eligibility criteria for participation as a fellow under paragraph (1); and
(B) criteria for determining which eligible applicants will be selected.
(f) Reciprocal Exchanges.--Subject to the approval of the Secretary of State, United States citizens may--
(1) engage in reciprocal exchanges in connection with alumni of the fellowship described in subsection (e); and
(2) collaborate on projects with such fellowship alumni.
(g) Activities.--
(1) United states-based activities.--The Secretary of State, in coordination with the heads of relevant Federal departments and agencies, shall oversee all United States-based activities carried out under YALI, including--
(A) 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
(B) 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.
(2) Implementation.--The Secretary of State, 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--
(A) to pursue public-private partnerships;
(B) to leverage private sector expertise;
(C) to expand networking opportunities; and
(D) to identify funding opportunities and fellowship and employment opportunities for YALI.
(h) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit a plan to the appropriate congressional committees for implementing YALI, including--
(1) a description of clearly defined program goals, targets, and planned outcomes for each year and for the duration of implementation of the program;
(2) a strategy to monitor and evaluate the program and progress made toward achieving such goals, targets, and planned outcomes; and
(3) 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.
(i) 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 of State shall submit to the appropriate congressional committees, and publish in a publicly accessible, internet-based form, a report that includes--
(1) a description of the progress made toward achieving the goals, targets, and planned outcomes referred to in subsection (h)(1), including an overview of the program implemented in the previous year and an estimated number of beneficiaries;
(2) 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
(3) 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.
(j) Defined Term.--In this section, the term "appropriate congressional committees" 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.
(k) Sunset.--This section shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.
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SA 6523. Ms. CORTEZ MASTO (for herself and Ms. Rosen) 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:
Text printed in the Record (4,541 characters)
At the appropriate place in subtitle E of title V, insert the following:
SEC. __. STUDY ON GOVERNMENT-TO-GOVERNMENT COORDINATION TO
IMPROVE TRANSITION OF SEPARATING MEMBERS OF THE
ARMED FORCES.
(a) Study Required.--The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study on the following as related to the transition of members of the Armed Forces to civilian life:
(1) Data transfers and interoperability, including the following:
(A) The information collected through the Transition Assistance Program that is electronically transmitted from the Department of Defense to the Department of Veterans Affairs.
(B) The stage in the separation process at which such transfer occurs.
(C) The information, if any, that is made available to State veterans agencies when a transitioning member of the Armed Forces identifies a State of intended residence.
(D) Any statutory, regulatory, or privacy restrictions that limit appropriate data sharing with State veterans agencies.
(2) Data integrity, security, and cyber protections, including the following:
(A) Existing safeguards to ensure the accuracy, completeness, and integrity of veteran transition data transferred between the Department of Defense, the Department of Veterans Affairs, and other authorized entities.
(B) The cybersecurity protocols that govern the transmission of personally identifiable information collected through the Transition Assistance Program.
(C) Any established standards or audit processes to ensure that veteran transition data remains protected while enabling appropriate interagency access.
(D) Existing accountability mechanisms to detect and correct data errors that could delay access to earned benefits.
(3) Government-to-government coordination, including the following:
(A) How the Department of Defense and the Department of Veterans Affairs coordinate with State veterans agencies as government partners rather than solely as external stakeholders.
(B) Any formal agreements, memoranda of understanding, or statutory authorities governing the exchange of transition-related data between Federal and State agencies.
(C) Existing mechanisms to enable secure government-to-government data sharing to support coordinated outreach and benefits assistance for newly separated veterans.
(4) Notification and outreach to transitioning members of the Armed Forces, including the following:
(A) Whether States are notified when such members identify a particular State as their post-service residence.
(B) Existing mechanisms to facilitate a "warm handoff" from Department of Defense transition counselors to the Department of Veterans Affairs and State veterans service officers.
(C) Whether improved data sharing would allow States to proactively engage transitioning members prior to or immediately following discharge.
(5) Fiscal efficiency and program outcomes, including the following:
(A) The Federal funding allocated annually to support the Transition Assistance Program across participating agencies.
(B) The measurable outcomes that demonstrate the program's effectiveness in connecting transitioning members of the Armed Forces with employment opportunities, education programs, and benefits provided by the Department of Veterans Affairs.
(C) Opportunities to improve fiscal efficiency by reducing duplicative efforts between the Department of Defense, the Department of Veterans Affairs, and State veterans agencies through improved coordination and shared data systems.
(6) Opportunities to strengthen Federal-State partnerships, including through the following:
(A) Secure government-to-government data sharing agreements.
(B) Earlier notification to States regarding transitioning members of the Armed Forces.
(C) Integration of State veterans service officers into the Transition Assistance Program.
(D) Pilot programs enabling coordinated outreach between installations of the Department of Defense, offices of the Department of Veterans Affairs, and State veterans agencies.
(b) Submission to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the findings of the study required by subsection (a).
(c) Definition.--In this section, the term "Transition Assistance Program" means the program of the Department of Defense for preseparation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code.
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SA 6524. Mrs. SHAHEEN 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:
Text printed in the Record (1,190 characters)
At the end of subtitle A of title XII, add the following:
SEC. 12__. REPORT ANALYZING THE USE OF LONG-ACTING INJECTABLE
PREVENTATIVE MALARIA MEDICATION.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Commander of the Walter Reed Army Institute of Research, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report containing an analysis of--
(1) the use of long-acting injectable preventative malaria medication through programs led by the Office of Infectious Diseases and Outbreak Response of the Bureau of Global Health Security and Diplomacy of the Department of State and the Antimicrobial Resistance Monitoring and Research Program of the Department of Defense;
(2) which programs under the President's Malaria Initiative would benefit from using long-acting injectable preventative malaria medication; and
(3) the use by the Department of State and the Department of Defense of long-acting injectable preventative malaria medication for diplomats and members of the Armed Forces serving in malaria endemic areas.
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SA 6525. Mrs. SHAHEEN 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:
Text printed in the Record (3,076 characters)
At the end of subtitle B of title XII, add the following:
SEC. 1218. LEBANON SUPPORT.
(a) Humanitarian Assistance.--The Secretary of State shall continue to support humanitarian assistance in furtherance of the political and economic stability, sovereignty, and territorial integrity of Lebanon, which are important for regional stability and the national economic and security interests of the United States, including--
(1) health assistance, including logistical and technical assistance to hospitals, ambulances, and health clinics in affected communities, and the provision of basic public health commodities;
(2) assistance to provide--
(A) protection, food, and shelter;
(B) water, sanitation, and hygiene; and
(C) demining and disposal of unexploded ordinance; and
(3) technical assistance to ensure health, food, and commodities are appropriately selected, procured, targeted, monitored, and distributed.
(b) Reconstruction.--
(1) Incentive fund for reconstruction of lebanese government services and infrastructure.--There shall be established a fund, to be administered by the Secretary of State, which shall--
(A) provide for the reconstruction of services and institutions of the Government of Lebanon and of municipal governments in Lebanon; and
(B) support the building and rebuilding of civilian infrastructure in Lebanon.
(2) Diplomatic efforts.--The Secretary of State shall carry out diplomatic efforts, including by--
(A) supporting multilateral pledging events and using the position of the United States in international financial institutions, to encourage strategic burden sharing and the coordination of donations with international donors, including foreign governments and multilateral organizations; and
(B) advancing the provision of assistance for the reconstruction of services and institutions of the Government of Lebanon and of municipal governments in Lebanon and the building and rebuilding of civilian infrastructure in Lebanon.
(c) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes--
(1) the support provided for humanitarian assistance pursuant to subsection (a);
(2) how the Department of State is using the fund established pursuant to paragraph (b)(1) to accomplish the purposes described in subparagraph (A) and (B) of subsection (b)(1);
(3) the diplomatic efforts undertaken pursuant to paragraph (b)(2); and
(4) humanitarian and reconstruction needs and challenges in Lebanon, including--
(A) the current state of humanitarian needs and the long-term reconstruction needs in Lebanon, particularly in territory south of the Litani River;
(B) the causes of such challenges;
(C) the efforts made to address such challenges;
(D) the effects of not addressing such challenges on the economy and security inside Lebanon; and
(E) any effects of such challenges on regional stability and security.
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SA 6526. Mrs. SHAHEEN 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:
Text printed in the Record (1,129 characters)
At the appropriate place in title XII, insert the following:
SEC. ___. SUBMISSION OF UNITED STATES INTERNATIONAL
DEVELOPMENT FINANCE CORPORATION BOARD
RESOLUTIONS RELATING TO UNITED STATES-UKRAINE
RECONSTRUCTION INVESTMENT FUND.
(a) In General.--Not later than 15 days after adoption of any resolution of the Board of Directors of the United States International Development Finance Corporation relating to the United States-Ukraine Reconstruction Investment Fund, the Chief Executive Officer shall transmit such resolution, including any accompanying memorandum approved by the Board, to the appropriate congressional committees.
(b) Form.--Any resolution submitted pursuant to subsection (a) shall be submitted in unredacted form. Proprietary, commercially sensitive, or classified information may be transmitted in a separate classified or controlled annex.
(c) Appropriate Congressional Committees Defined.--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.
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SA 6527. Mr. CRUZ (for himself, Ms. Cantwell, Mr. Moran, Mr. Peters, Mr. Schmitt, Mr. Lujan, 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:
Text printed in the Record (11,929 characters)
At the end, add the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the "NASA Authorization Act of 2026".
(b) Table of Contents.--The table of contents for this division is as follows:
Sec. 1. Short title; table of contents. Sec. 2. Definitions.
Sec. 101. Authorization of NASA.
Sec. 201. Continuity of purpose for space exploration. Sec. 202. Artemis program. Sec. 203. Space launch system. Sec. 204. Human-rated lunar landing capabilities. Sec. 205. Advanced spacesuit capabilities. Sec. 206. Briefing on lunar outpost. Sec. 207. Lunar Terrain Vehicle element. Sec. 208. Exploration ground systems. Sec. 209. Commercial Lunar Payload Services program. Sec. 210. Moon Base. Sec. 211. Engine testing for exploration.
Sec. 301. Maximizing United States presence in low-Earth orbit. Sec. 302. Commercial Low-Earth-Orbit Development Program. Sec. 303. Managed transition from International Space Station to commercial low-Earth-orbit destinations. Sec. 304. Extension of International Space Station. Sec. 305. Reporting and oversight. Sec. 306. Transition to a commercially led low-Earth-orbit economy. Sec. 307. Nongovernmental missions on the International Space Station. Sec. 308. Briefing on use of commercial suborbital vehicles for crewed missions. Sec. 309. Lunar communications. Sec. 310. Report on space communications upgrades. Sec. 311. Lunar time standardization. Sec. 312. Lunar surface power. Sec. 313. Commercial lunar data acquisition. Sec. 314. Crew rescue capabilities. Sec. 315. Commercial launch services. Sec. 316. Executing International Space Station science manifest. Sec. 317. Safety standards for cislunar human spaceflight.
Sec. 401. Space Technology Mission Directorate. Sec. 402. Small Business Innovation Research and Small Business Technology Transfer. Sec. 403. Sense of Congress on cryogenic fluid valve technology. Sec. 404. Space nuclear power and propulsion systems. Sec. 405. National space grant college and fellowship program. Sec. 406. Skilled technical workforce education outreach. Sec. 407. Active orbital debris remediation demonstration. Sec. 408. Established Program to Stimulate Competitive Research. Sec. 409. Use of Science, Space, and Technology Education Trust Fund.
Sec. 501. Hypersonic research. Sec. 502. Advanced materials and manufacturing technology. Sec. 503. Unmanned aircraft systems and advanced air mobility. Sec. 504. Hydrogen aviation. Sec. 505. High-performance chase aircraft. Sec. 506. Electrified powertrain flight demonstration. Sec. 507. Study on modernization of T-38 flight trainer aircraft fleet. Sec. 508. Subsonic thin-wing flight technologies. Sec. 509. Advanced capabilities for airspace management. Sec. 510. Open-fan flight demonstration. Sec. 511. Authority with respect to unmanned aircraft system identification and detection.
Sec. 601. Maintenance of balanced science portfolio. Sec. 602. Implementation of science mission cost caps. Sec. 603. Modification of National Academies decadal surveys. Sec. 604. Report on Landsat mission. Sec. 605. Commercial satellite data. Sec. 606. Planetary science portfolio. Sec. 607. Planetary defense. Sec. 608. Lunar Discovery and Exploration Program. Sec. 609. Plan for planetary and lunar operations. Sec. 610. Restructuring of Mars Sample Return program. Sec. 611. Heliophysics research. Sec. 612. Report on Geospace Dynamics Constellation mission. Sec. 613. Sense of Congress on Nancy Grace Roman Space Telescope. Sec. 614. Plan for Apophis science mission. Sec. 615. Plan to launch Volatiles Investigating Polar Exploration Rover. Sec. 616. Dedicated science rideshare pilot program. Sec. 617. Continuation of Chandra X-ray Observatory. Sec. 618. Great Observatories Mission and Technology Maturation project. Sec. 619. Flight opportunities. Sec. 620. Annual report on Hubble Space Telescope and the James Webb Space Telescope. Sec. 621. Sense of Congress on Earth science data. Sec. 622. Support for astrophysical observatories and national high-energy astrophysics hubs. Sec. 623. Studies on Mars-focused missions using commercial heavy-lift systems.
Sec. 701. NASA Advisory Council. Sec. 702. Assessment of early cost estimates. Sec. 703. Role of NASA in commercial space activities. Sec. 704. Relationships with the People's Republic of China. Sec. 705. Findings relating to contract flexibility. Sec. 706. GAO report. Sec. 707. Public-private talent program. Sec. 708. Mentoring. Sec. 709. Passenger carrier use for astronaut transportation. Sec. 710. Physical security modernization. Sec. 711. NASA agreements with private and commercial entities and State governments to provide certain supplies, support, and services. Sec. 712. Aerospace infrastructure modernization. Sec. 713. Enhanced use leases. Sec. 714. Identification of and justification for redactions. Sec. 715. Commercial activity at Wallops Flight Facility. Sec. 716. Continuity of purpose for NASA activities. Sec. 717. Transmission of data to Congress. Sec. 718. Timely responses to Congress. Sec. 719. Contracting flexibility and transparency. Sec. 720. Chief Scientist. Sec. 721. Chief Economist. Sec. 722. Chief Technologist.
Sec. 723. Report on indemnification framework for civil and commercial space nuclear technologies. Sec. 724. Confidentiality of medical quality assurance records. Sec. 725. Reports to Congress. Sec. 726. Collaboration between NASA and the Department of Defense. Sec. 727. Space cooperation with Taiwan. Sec. 728. Rule of construction.
SEC. 2. DEFINITIONS.
In this division:
(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) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology of the House of Representatives.
(4) Cislunar space.--The term "cislunar space" means the region of space beyond low-Earth orbit out to and including the region around the surface of the Moon.
(5) Commercial lunar payload services program.--The term "Commercial Lunar Payload Services program" means the multiple-award, indefinite-delivery, indefinite-quantity NASA contracting vehicle that enables end-to-end commercial lunar payload delivery services to the lunar surface.
(6) Commercial provider.--The term "commercial provider" means any person providing space services or space-related capabilities, primary control of which is held by persons other than the Federal Government, a State or local government, or a foreign government.
(7) Continuous human presence.--The term "continuous human presence" means the maintenance by the United States of the presence, in low-Earth orbit on 1 or more space stations on a permanent, ongoing basis, of not fewer than--
(A) 1 government astronaut; or
(B) 1 astronaut sponsored by the United States Government.
(8) Deep space.--The term "deep space" means the region of space beyond low-Earth orbit that includes cislunar space.
(9) Government astronaut.--The term "government astronaut" has the meaning given such term in section 50902 of title 51, United States Code.
(10) Institution of higher education.--The term "institution of higher education" has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(11) ISS.--The term "ISS" means the International Space Station.
(12) Low-earth orbit.--The term "low-Earth orbit" means the area encompassing Earth-centered orbits at an altitude of not more than 1,200 miles (2,000 kilometers).
(13) NASA.--The term "NASA" means the National Aeronautics and Space Administration.
(14) Orion.--The term "Orion" means the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323).
(15) Space launch system.--The term "Space Launch System" means the Space Launch System authorized under section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322).
(16) Commercial market estimates.--The term "commercial market estimates" means rigorous quantitative estimates of the current and most-likely future revenues that commercial providers may capture from sources other than the Administration, with appropriate sensitivity analyses, and assessments of the ability of such providers to sustainably provide services to the Administration.
SEC. 101. AUTHORIZATION OF NASA.
(a) Fiscal Year 2026.--For fiscal year 2026, there is authorized to be appropriated to NASA $24,670,515,000 as follows:
(1) For the Exploration Systems Development Mission Directorate, $7,783,000,000.
(2) For the Space Operations Mission Directorate, $4,175,000,000.
(3) For the Space Technology Mission Directorate, $975,000,000.
(4) For the Science Mission Directorate, $7,300,000,000.
(5) For the Aeronautics Research Mission Directorate, $950,000,000.
(6) For the Office of STEM Engagement, $147,500,000.
(7) For Safety, Security, and Mission Services, $3,107,079,000.
(8) For Construction and Environmental Compliance and Restoration, $185,336,000.
(9) For Inspector General, $47,600,000.
(b) Fiscal Year 2027.--For fiscal year 2027, there is authorized to be appropriated to NASA $25,287,277,875 as follows:
(1) For the Exploration Systems Development Mission Directorate, $7,977,575,000.
(2) For the Space Operations Mission Directorate, $4,279,375,000.
(3) For the Space Technology Mission Directorate, $999,375,000.
(4) For the Science Mission Directorate, $7,482,500,000.
(5) For the Aeronautics Research Mission Directorate, $973,750,000.
(6) For the Office of STEM Engagement, $151,187,500.
(7) For Safety, Security, and Mission Services, $3,184,755,975.
(8) For Construction and Environmental Compliance and Restoration, $189,969,400.
(9) For Inspector General, $48,790,000.
SEC. 201. CONTINUITY OF PURPOSE FOR SPACE EXPLORATION.
(a) Findings.--Congress makes the following findings:
(1) NASA continues to make progress in developing and testing the Space Launch System, Orion, and associated ground systems, including through--
(A) the successful completion of the Artemis I mission in November 2022; and
(B) continued preparations for the Artemis II crewed flight demonstration mission.
(2) The number of spacefaring countries is increasing, and foreign countries have expanded activities for space exploration efforts, including efforts to explore and use the Moon through human and robotic missions in partnership with the United States, independently, or with adversaries of the United States through alternative arrangements such as the International Lunar Research Station (ILRS) of the People's Republic of China.
(3) A strong and ambitious space exploration program conducted with international and commercial partners is important to maintaining United States leadership in space and enhancing the international competitiveness of the United States, especially with respect to space exploration efforts of adversaries.
(4) The development of clear mission objectives, tied to concrete long-term programmatic and national policy goals, is a method for ensuring accountability, enhancing public support for exploration missions, and providing a clear signal of commitment to both international and domestic partners.
(b) Continuity of Existing Capabilities and Programs.--
(1) Space exploration.--As part of the human exploration activities of the Administration, including progress on Artemis missions and activities, the Administrator shall continue development of space exploration elements pursuant to section 10811 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C.
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20302 note; Public Law 117-167).
(2) Logistical services.--The Administrator shall leverage the private sector for logistical services to the extent practicable, consistent with the Moon to Mars architecture requirements and in accordance with section 50131 of title 51, United States Code.
(3) Continuity of purpose.--Congress reaffirms the need to maintain continuity of purpose as described in section 201 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115-10; 131 Stat. 21).
(4) Space weather research for exploration.--
(A) In general.--The Administrator shall continue to conduct, and to partner with Federal agencies or research centers that conduct, research into space weather phenomena, including solar flares, solar energetic particles, and galactic cosmic rays, for the purpose of characterizing the radiation environment of cislunar space, the lunar surface, and the Martian surface.
(B) Integration.--The results of such research shall be integrated into the Moon to Mars architecture--
(i) to inform the design and shielding requirements of human-rated lunar landing capabilities and the orbital lunar outpost;
(ii) to develop predictive modeling and early-warning systems to ensure the safety of astronauts during travel outside the Earth's Van Allen radiation belts, extravehicular activities, and long-duration habitation; and
(iii) to ensure the reliability of lunar and Martian communications, navigation, and power infrastructure against space weather-induced disruptions.
(c) Mars Exploration Coordination.--
(1) In general.--In carrying out exploration missions to and around Mars, including science missions and infrastructure development missions for future human exploration missions, the Administrator shall establish and maintain a robust process for collaboration and coordination across all NASA mission directorates and the Moon to Mars Program Office for the unified implementation of activities required by law.
(2) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on the process required by paragraph (1) and the manner in which such process has been applied to authorized Mars programs, including with respect to the following:
(A) The Mars Relay Network.
(B) The Mars Telecommunications Orbiter.
(C) Commercial Mars payload services.
(D) Mars future missions within the Science Mission Directorate.
SEC. 202. ARTEMIS PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Exploration of outer space, including exploration of the lunar surface and cislunar space, provides economic, scientific, technological, security, and societal benefits and economic opportunity, including by inspiring future generations and expanding the science, technology, engineering, and mathematics workforce needed to sustain United
States leadership in science, space, and technology.
(2) The lunar south pole is home to shadowed craters that may contain water ice and other volatiles. Understanding the nature of lunar polar volatiles, such as water ice, would advance science related to the origin and evolution of volatiles in the inner solar system and could facilitate the long-term future of space exploration. Water ice lunar resources have the potential to become an enabling component of future space exploration missions throughout the solar system, including crewed missions to Mars.
(3) Other countries have demonstrated technological advances and successful robotic missions for lunar exploration and have announced credible plans for long-term human exploration of the Moon that include the intent to establish lunar bases. Such countries are forming alternative organizational entities to structure their efforts, such as the ILRS of the People's Republic of China.
(4) United States leadership of, and measurable progress on, the exploration of deep space is essential for guiding development of norms related to operations on and around the Moon and for other space destinations.
(5) It is in the national interest of the United States to maintain a leadership role in the establishment of future norms governing activities in space, including such activities on the lunar surface and in cislunar space.
(b) Requirements.--In carrying out activities to enable Artemis missions under the Moon to Mars Program set forth in section 10811 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 20302 note; Public Law 117-167), the Administrator shall--
(1) use relevant elements set forth in subsection (b)(2)(B) of that Act under the direction of the Moon to Mars program manager;
(2) continue to ensure that such elements enable the human exploration of Mars, consistent with subsection (b)(2)(C)(i) of that Act;
(3) include scientific objectives as integral components of Artemis missions and coordinate with the Science Mission Directorate and the Space Technology Mission Directorate to ensure that opportunities for lunar science are incorporated throughout the Artemis and Moon to Mars architectures;
(4) engage with international partners, as appropriate, including through the Artemis Accords to guide the development of norms of behavior in a manner that--
(A) is consistent with subsection (b)(2)(C) of that Act; and
(B) increases redundancy, efficiency, and cost savings;
(5) leverage capabilities provided by United States commercial providers, as appropriate and practicable; and
(6) certify that each existing and future contract entered into for NASA exploration activities conducted by commercial partners includes provisions--
(A) to ensure the preservation of mission continuity and adherence to initial operating capability timeline requirements; and
(B) to preclude cessation of contract activities before completion of the contract, as appropriate.
(c) United States Commercial Provider Capabilities in Support of Lunar Exploration Efforts.--The Administrator may enter into agreements with United States commercial providers or engage in public-private partnerships to procure capabilities and services to support the human exploration of the Moon or cislunar space.
(d) Briefings.--Not later than 30 days after the date of the enactment of this Act, and quarterly thereafter, the Administrator, in coordination with the Moon to Mars management entity, shall provide the appropriate committees of Congress with a briefing on--
(1) the status of the elements set forth in subsection (b)(2)(B) of section 10811 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 20302 note; Public Law 117-167) to enable lunar operations and the human exploration of Mars, consistent with subsection (b)(2)(C)(i) of that section; and
(2) the readiness of such elements to meet the respective Artemis missions.
SEC. 203. SPACE LAUNCH SYSTEM.
(a) Findings.--Congress makes the following findings:
(1) The Space Launch System--
(A) represents a national capability for super-heavy lift space launch that may support a range of unique commercial, civil, and military mission opportunities;
(B) is the only vehicle ready to support human flights to the Moon; and
(C) has not met the flight rate of the integrated Space Launch System and Orion crew vehicle missions set forth in section 10812(b) of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 20301 note; Public Law 117-167).
(2) The Space Launch System Exploration Upper Stage was conceived to increase Space Launch System launch cargo capacity in an era before the emergence of competitive lunar payload delivery capabilities.
(3) The report of the Inspector General of NASA entitled "NASA's Management of Space Launch System Block 1B Development" issued on August 8, 2024, noted that the current Exploration Upper Stage technology is behind schedule and over budget.
(4) Alternative technologies exist that may be used within the current Space Launch System architecture.
(b) Exploration Upper Stage Alternatives.--Subject to the availability of appropriations, the Administrator may seek to identify and fund an alternative technology to replace the Exploration Upper Stage if the Administrator determines that the Exploration Upper Stage efforts under section 10812(b) of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 20301 note; Public Law 117-167) are unlikely to achieve the mission goals of the Artemis campaign.
(c) Briefing.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on the challenges of the Administration in achieving the flight rate set forth in section 10812(b) of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 20301 note; Public Law 117-167).
(2) Elements.--The briefing required by paragraph (1) shall include an assessment of methods for reducing the complexity and cost of production and operation of the Space Launch System, including--
(A) a standardization of the design of the Space Launch System;
(B) the simplification of contracts;
(C) a balancing of government and industry workforce components, roles, and responsibilities; and
(D) the optimization of the use of Administration infrastructure.
SEC. 204. HUMAN-RATED LUNAR LANDING CAPABILITIES.
(a) In General.--The Administrator shall continue to support the development and demonstration of, and shall obtain, human-rated lunar landing capabilities to further the goals of the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (51 U.S.C. 20302 note; Public Law 115-10) and the Moon to Mars Program set forth in section 10811 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 20302 note; Public Law 117-167).
(b) Relevant Requirements.--The Administrator shall ensure that such human-rated lunar landing capabilities meet all relevant human rating and certification requirements, including the requirements of the Moon to Mars Program and requirements for human rating and certification.
(c) United States Commercial Provider.--Any commercial provider from which the Administrator obtains human-rated lunar landing capabilities must be a United States commercial provider.
(d) Duties of the Administrator.--In carrying out subsection (a)--
(1) the Administrator may include uncrewed lunar landing services; and
(2) the Administrator shall--
(A) subject to the availability of appropriations for such purpose, seek to obtain capabilities from not fewer than 2 commercial providers;
(B) submit to the appropriate committees of Congress a report that assesses the development milestones of human-rated lunar landing systems developed by commercial providers.
(e) Report.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the status of human-rated lunar lander development and key enabling technologies, including cryogenic propellant transfer and storage.
(2) Public availability.--Not later than 30 days after the date on which the Administrator submits the report required by this subsection, the Administrator shall make such report available to the public.
(f) Moon to Mars Landing Capabilities.--The Administrator shall, to the extent practicable, use existing Human Landing Systems technology in developing Mars and deep space exploration landing capabilities.
SEC. 205.
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ADVANCED SPACESUIT CAPABILITIES.
(a) Findings.--Congress makes the following findings:
(1) Spacesuits and associated extravehicular activity (referred to in this sections as "EVA") technologies are critical-path exploration technologies that are necessary for future human deep space exploration efforts, including crewed missions to low-Earth orbit, the Moon, and Mars.
(2) NASA is currently contracted with a single commercial provider for the development of extravehicular spacesuits to be used on the lunar surface and in deep space as part of the Artemis program.
(3) While NASA's commercial services approach to acquiring advanced spacesuit capabilities has resulted in the private sector making substantial investments in the research, development, and testing of advanced spacesuit capabilities and the related supply chain, reliance on a single spacesuit provider creates strategic, operational, and technical vulnerabilities that may threaten mission continuity and United States leadership in human spaceflight.
(4) As the United States competes with the People's Republic of China to maintain leadership in exploration beyond low-Earth-orbit operations, it is critical to ensure redundancy and resilience in all mission-critical systems, including spacesuits.
(5) The NASA workforce at the Johnson Space Center provides unique experience and capabilities for designing, integrating, and
validating spacesuits and associated EVA technologies.
(6) Maintaining a strong NASA core competency in the design, development, manufacture, and operation of spacesuits and related technologies allows the Administration to be an informed purchaser of competitively awarded commercial spacesuits and subcomponents.
(7) Testing spacesuits and related technologies on the ISS could reduce risk and improve the safety of spacesuits and related technologies.
(b) Capabilities Requirement.--
(1) In general.--The Administrator shall obtain the advanced spacesuit capabilities necessary to achieve the goals of NASA's human spaceflight exploration programs.
(2) Development by nasa.--If advanced spacesuit capabilities from a commercial provider are not reasonably available to meet NASA mission requirements with respect to cost, schedule, and performance, the Administrator may pursue development by NASA of advanced spacesuit capabilities to ensure United States access to and use of such capabilities.
(c) Eligibility.--Any commercial provider from which the Administrator obtains advanced spaceflight capabilities shall--
(1) be a United States commercial provider; and
(2) be required to ensure that such capabilities comply with applicable NASA safety and performance requirements.
(d) Preserving Spacesuit Expertise.--
(1) In general.--In carrying out subsection (b), and while maintaining a strong partnership with United States industry, the Administration shall maintain the internal expertise necessary to certify and develop spacesuits for extravehicular activity and surface operations, including through partnerships with the private sector.
(2) Role of johnson space center.--The Johnson Space Center shall continue to manage the spacesuit and extravehicular activity programs of NASA.
(e) Briefing.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on the plans of the Administration for in-space testing of advanced spacesuit capabilities.
(2) Elements.--The briefing required by paragraph (1) shall include--
(A) a detailed justification of compliance with section 30301 of title 51, United States Code; and
(B) a detailed certification and justification of compliance with section 50503 of title 51, United States Code.
SEC. 206. BRIEFING ON LUNAR OUTPOST.
Not later than 60 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on plans for the Gateway outpost.
SEC. 207. LUNAR TERRAIN VEHICLE ELEMENT.
(a) Findings.--Congress makes the following findings:
(1) Artemis lunar human exploration is essential to maintaining United States leadership in influencing norms and responsible behavior in the conduct of scientific and economic activities on the lunar surface.
(2) Human surface mobility and the establishment of infrastructure and technology that enable long-term lunar habitation and exploration are essential to United States leadership.
(3) The completed Phase 1 of the Lunar Terrain Vehicle element has successfully engaged multiple contractors, each of which has conducted a year-long study to develop a capable human surface mobility system through the preliminary design maturity project phase.
(4) A robust domestic industrial base will support the longevity and success of United States space missions and allow the Administration to leverage the rapid pace of commercial innovation while providing value to taxpayers.
(b) Requirements.--In carrying out activities to enable Artemis missions under the Moon to Mars Program set forth in section 10811 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 20302 note; Public Law 117-167), subject to the availability of appropriations, the Administrator shall--
(1) enter into an agreement a United States commercial entity or entities, or engage in public-private partnerships, to procure capabilities and services to support the human exploration of the lunar surface; and
(2) seek to obtain capabilities from not fewer than 2 commercial providers to execute Phase 2 of the Lunar Terrain Vehicle element.
SEC. 208. EXPLORATION GROUND SYSTEMS.
(a) Findings.--Congress finds that space exploration ground system infrastructure is critical for future human deep space exploration missions described in section 10812 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 20301 note; Public Law 117-167).
(b) Investment.--The Administrator shall ensure that all taxpayer-funded infrastructure at the Kennedy Space Center, including the Exploration Ground System, is used to the extent practicable in support of space exploration missions and activities.
SEC. 209. COMMERCIAL LUNAR PAYLOAD SERVICES PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the encouragement and support of the Administrator for competitive commercial services for lunar surface delivery capabilities and other related services is in the national interest of the United States; and
(2) commercial providers benefit from an approach that places low-cost, noncritical instruments on initial lunar deliveries using small- and medium-sized commercial landers of various sizes before proceeding to more complex payloads.
(b) Commercial Lunar Payload Services Program.--
(1) In general.--The Administrator is authorized to continue the Commercial Lunar Payload Services program for the purpose of procuring from multiple United States commercial providers services for the delivery of NASA science, space technology, and human exploration payloads, and the payloads of other NASA mission directorates, as appropriate and practicable, to the lunar surface.
(2) Objectives.--The objectives of the Commercial Lunar Payload Services program shall be--
(A) to advance lunar science through a continual cadence of low-cost robotic lunar landing missions; and
(B) to establish a pathway for the use of commercial services for cislunar space communications.
(3) Implementation.--In carrying out activities pursuant to the Commercial Lunar Payload Services program, the Administrator shall--
(A) conduct updated independent market research, including commercial market estimates on the commercial lunar economy, and identify any changes since the date of any preceding market analysis;
(B) conduct an assessment of the role of NASA in the commercial lunar delivery market;
(C) based on research and assessments required by subparagraphs (A) and (B)--
(i) conduct an assessment on the effectiveness of the task order and block buy approach in advancing commercial development of lunar delivery services, including an assessment of the appropriate number of providers necessary to support NASA commercial lunar delivery needs and the development of a sustainable lunar presence; and
(ii) identify any challenges and recommendations for improvement;
(D) strengthen procedures related to the selection, manifesting, interfaces, and requirements of payloads and other relevant factors that could contribute to minimizing future NASA-directed changes to projects after the date of the award of commercial lunar payload service contracts, including adherence to financial and technical milestones; and
(E) follow best practices and lessons learned, as applicable and appropriate, from other Administration commercial services programs, such as the Commercial Crew program and the Commercial Resupply Services Program.
(4) Coordination.--In implementing the Commercial Lunar Payload Services program, the Administrator shall ensure coordination of such program with the NASA mission directorates and the Moon to Mars Program so as to ensure the alignment of Administration goals for lunar delivery services, including such goals related to cislunar space communications and Mars exploration.
(c) Management Plan.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Administrator shall develop and implement a management plan that--
(A) is informed by the activities conducted under the Commercial Lunar Payload Services program; and
(B) sets forth clear leadership authority and responsibility for such program.
(2) Briefings.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on the implementation of the management plan required by paragraph (1).
SEC. 210.
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MOON BASE.
(a) Findings.--Congress makes the following findings:
(1) The National Aeronautics and Space Administration, through the Artemis program, is advancing United States leadership in space exploration by developing the capabilities necessary for sustained human presence on the Moon and beyond, reinforcing the role of the United States as the global leader in space science and technology.
(2) The lunar south pole is a strategically important region due to its unique resources, making it a critical location for establishing a sustainable presence on the Moon, as well as a departure point for missions deeper into the solar system, including crewed missions to Mars.
(3) Establishing a lunar base ensures that the United States can explore from the ultimate high ground of the Moon, providing strategic advantages for science, technology, international cooperation, and national interests, while ensuring peace and freedom of exploration beyond Earth.
(4) Through the Commercial Lunar Payload Services program and Lunar Terrain Vehicle procurements, NASA is laying the foundation for logistics and mobility capabilities necessary for a sustainable lunar base.
(5) Meaningful and robust scientific research on the lunar surface is essential to the success, justification, and long-term sustainability of a permanent lunar presence,
including investigations in planetary science, heliophysics, astrophysics, life sciences, in-situ resource utilization, and other disciplines enabled by sustained access to the lunar environment.
(6) A lunar base that is designed to enable and be supported by high-priority scientific objectives will maximize return on investment, strengthen United States leadership in space science, and generate knowledge necessary for future missions to Mars and other destinations.
(b) Lunar Base.--
(1) In general.--As soon as practicable, the Administrator shall undertake activities necessary to establish a Lunar Surface Moon Base to develop a permanent crewed United States presence on the Moon capable of long-duration habitation, robotic, and industrial operations to advance science, technology, and strategic interests.
(2) Transition.--The Administrator shall procure an incremental transition from continuous capability to a permanently occupied or continuously inhabited lunar surface presence, conducted in coordination with cislunar infrastructure, as applicable, to achieving long-term exploration objectives beyond low-Earth orbit.
(3) Requirements and standards.--As of the date of the enactment of this Act, Government expertise is required to define requirements and standards and maximize the opportunities for partners of all sizes and abilities to participate.
(4) Science integration.--In carrying out this subsection, the Administrator shall ensure that--
(A) in its final form, the lunar base is designed, constructed, and operated to enable meaningful and robust scientific research and technology demonstrations on the lunar surface;
(B) science objectives inform site selection, infrastructure development, habitation design, power systems, mobility systems, communications architecture, and logistics planning; and
(C) sustained human and robotic presence at the lunar base supports priority scientific investigations identified through the National Academies' decadal surveys and other relevant strategic science planning processes.
(c) Enduring Lunar Presence.--
(1) In general.--The Administrator may establish a United States lunar base, consistent with sections 20302 and 70505 of title 51, United States Code.
(2) Initial elements.--In establishing the lunar base under paragraph (1), the Administrator may prioritize sustainability, affordability, long-term viability, and scientific utility, and shall ensure, to the maximum practical extent, that capabilities are scalable to Mars missions and adaptable to evolving national exploration and science needs.
(d) Utilization of Commercial Infrastructure.--In carrying out this section, the Administrator may, to the maximum extent practicable, leverage any commercial infrastructure or capacity already emplaced on the lunar surface and incorporate planned viable commercial infrastructure or capacity into the development and operation of the lunar presence to reduce costs, enhance resiliency, and improve capacity.
(e) Use of Existing Hardware.--The Administrator may repurpose, reprogram, reconfigure, or reassign existing programs, platforms, modules, or hardware originally developed for other programs.
(f) Utilization of Commercial Lunar Payload Services and Cargo Landers.--
(1) Commercial lunar payload services program.--In carrying out subsection (b), the Administrator may utilize the Commercial Lunar Payload Services Program contracting vehicle to deliver instruments, infrastructure components, communication and power systems, scientific payloads, and other logistics packages to the outpost and designated staging sites.
(2) Cargo landers.--The Administrator may procure, through the Commercial Lunar Payload Services Program or other competitive solicitations, cargo lunar lander services to deliver cargo, vehicles, science instruments, technology demonstrations, habitats, power systems, elements of the lunar outpost, or any other infrastructure elements to the lunar surface.
(g) Precursor and Enabling Activities.--The Administrator may carry out precursor surface missions and demonstrations necessary for lunar outpost establishment, including--
(1) delivery and emplacement of power generation and energy storage systems;
(2) precision landing, hazard avoidance, and site preparation;
(3) autonomous assembly and berthing systems;
(4) communications, navigation, and timing infrastructure; and
(5) early scientific investigations and technology demonstrations that inform long-duration habitation and infrastructure development utilizing the Commercial Lunar Payload Services Program and other commercial lunar services, as appropriate.
(h) Space Resource Extraction and Development Demonstration Mission.--
(1) In general.--As soon as practicable, the Administrator shall conduct, on the lunar surface, a space resource extraction and development demonstration mission focused on solar wind volatiles, including helium-3, hydrogen, and other resources.
(2) Approach.--To accomplish such space resource extraction and development, the mission required by paragraph (1) shall use a lander developed under the Commercial Lunar Payload Services program and a commercial payload.
(3) Implementation plan.--As soon as practicable but not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a plan and timeline for the implementation of the demonstration mission required by paragraph (1), which shall include--
(A) a design and mission architecture; and
(B) realistic cost and schedule estimates.
(i) Management and Organizational Responsibility.--
(1) In general.--The Administrator shall designate as the lead NASA center for the Lunar Surface Moon Base activities a NASA center that is institutionally responsible for--
(A) human spaceflight operations and crewed mission execution;
(B) astronaut training and crew operations development;
(C) integration of human spaceflight systems across multiple programs and mission directorates; and
(D) operational control of missions involving sustained human presence beyond low-Earth orbit.
(2) Responsibilities.--The designated center shall be responsible for overall program management, systems integration, crew operations planning, and logistics coordination for the Lunar Surface Moon Base activities.
(3) Exploration systems development mission directorate.--The Lunar Surface Moon Base shall be conducted under the Exploration Systems Development Mission Directorate.
(j) Coordination and Integration.--In carrying out this section, the Administrator shall--
(1) ensure coordination between the Lunar Surface Moon Base and other NASA exploration and science activities;
(2) promote interoperability between lunar surface systems and cislunar infrastructure to support safe, efficient, and sustained operations;
(3) ensure that lunar surface systems are designed to enable long-term expansion and integration with future exploration architectures; and
(4) coordinate with the Science Mission Directorate to align lunar surface infrastructure, operations planning, and crew utilization with high-priority scientific objectives.
(k) Limitations.--The Administrator may not fund the development of any landers under this section.
SEC. 211. ENGINE TESTING FOR EXPLORATION.
(a) Findings.--Congress makes the following findings:
(1) Rocket propulsion system testing is critical for the operation of the space launch system and of future rockets that will embark on deep space exploration, including crewed missions to the Moon.
(2) The NASA Stennis Space Center is the primary and largest rocket propulsion system testing and engineering facility for NASA.
(3) The NASA Stennis Engineering and Test Directorate provides unique ground-testing services for rocket propulsion systems.
(4) The existing infrastructure at the Stennis Space Center provides unique capabilities to test and evaluate rocket propulsion systems for space launch vehicles.
(5) Maintaining within NASA a strong core competency in the testing and evaluation of rocket propulsion systems and related technologies allows NASA to be an informed purchaser of competitively awarded commercial rocket engines.
(6) The commercial space industry is currently developing rocket propulsion systems and other space launch capabilities.
(7) Testing rocket propulsion systems reduces risk and improves safety of space launch vehicles.
(b) Rocket Propulsion System Testing.--
(1) Maintaining rocket propulsion system testing capabilities.--
(A) In general.--The Administrator shall--
(i) maintain the rocket propulsion system testing capabilities necessary to achieve the goals of the human spaceflight exploration programs of NASA; and
(ii) ensure the continuity within NASA of the internal expertise necessary to test and evaluate rocket propulsion systems, including through partnerships with the private sector.
(B) Role of stennis space center.--The rocket propulsion system testing programs of NASA shall continue to be managed by the Stennis Space Center.
(2) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on NASA plans for--
(A) rocket propulsion system testing and evaluation for--
(i) missions in low-Earth orbit; and
(ii) missions to be conducted in deep space; and
(B) future programs for rocket propulsion system testing for missions that use space launch vehicles certified for use by NASA for government astronauts (as defined in section 50902 of title 51, United States Code).
SEC. 301.
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MAXIMIZING UNITED STATES PRESENCE IN LOW-EARTH
ORBIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national and economic security, foreign policy, and scientific interests of the United States to maintain a continuous human presence in low-Earth orbit;
(2) capabilities in low-Earth orbit should include a mix of crewed and uncrewed commercial platforms;
(3) platforms in low-Earth orbit should transition from government-only enterprises to commercially led enterprises; and
(4) low-Earth orbit should be used to advance human space exploration, scientific discoveries, and United States leadership, economic competitiveness, and commercial participation.
(b) Continuous Human Presence Requirement.--
(1) In general.--The Administrator shall maintain a continuous human presence in low-Earth orbit to advance human space exploration, scientific discoveries, international cooperation, and United States economic competitiveness and commercial participation in low-Earth orbit through and beyond the useful life of the ISS.
(2) Waiver.--
(A) In general.--The Administrator may waive the application of paragraph (1) if the Administrator determines that technical or safety issues exist that--
(i) would put the lives of United States astronauts in jeopardy; or
(ii) prohibit the continued safe operation of the ISS or other low-Earth-orbit destinations operating under contracts, cooperative agreements, or other arrangements with the Federal Government.
(B) Notification.--The Administrator shall notify the appropriate committees of Congress of the exercise of the waiver authority under subparagraph (A).
(c) Uncrewed Commercial Platforms.--
(1) In general.--Subject to the availability of appropriations, the Administrator shall support and fund uncrewed platforms to meet the growing demand for observational and microgravity research and commercial activities in support of United States economic competitiveness and commercial participation in low-Earth orbit.
(2) Partnership.--The Administrator, through a full and open competition process informed by commercial market estimates, shall partner with commercial providers to pursue phased development and demonstration of technologies required for uncrewed platforms in low-Earth orbit, including returnable uncrewed vehicles and downmass capability.
SEC. 302. COMMERCIAL LOW-EARTH-ORBIT DEVELOPMENT PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The ISS has been the cornerstone of United States human spaceflight in low-Earth orbit for over 2 decades.
(2) The planned retirement of the ISS necessitates a transition to commercial destinations so as to maintain continuous United States human presence in low-Earth orbit.
(3) Relying on a single commercial destination provider risks programmatic, operational, and strategic vulnerabilities.
(4) Strategic competition with countries such as the People's Republic of China requires the United States to maintain a resilient and redundant space infrastructure in low-Earth orbit.
(b) Continuous Crew Presence and Activity.--The Administrator shall use commercial low-Earth-orbit destinations to ensure the continuous presence of United States Government crew to advance human space exploration, scientific discoveries, the national defense, and United States economic competitiveness and commercial participation in low-Earth orbit.
(c) Commercial Low-Earth-orbit Development Program.--
(1) In general.--The Administrator shall--
(A) establish a Commercial Low-Earth-Orbit Development Program; and
(B) designate the Johnson Space Center as the lead NASA center responsible for coordinating all NASA activities related to commercial low-Earth-orbit space destinations, including crew operations, mission integration, and astronaut training.
(2) Consolidation.--In establishing the Commercial Low-Earth-Orbit Development Program, the Administrator may, as appropriate and practicable, consolidate programs of other Administration centers that support activities described in subsection (b).
(3) Systems integration.--The Johnson Space Center shall lead efforts to integrate the operations of commercial destinations into NASA human spaceflight programs in order to ensure interoperability, safety, and mission success.
(d) Development of Commercial Low-Earth-orbit Destinations.--
(1) Solicitation.--
(A) In general.--The Administrator shall issue a solicitation using full and open competition, informed by commercial market estimates and industry feedback, to identify commercial entities capable of providing services to the Administration to support activities described in subsection (b).
(B) Requirements.--Not later than 60 days after the date of the enactment of this Act, the Administrator shall make available to the public a document that sets forth the requirements for a commercial destination in low-Earth orbit for the purpose of facilitating the development of a request for proposal for services to be provided to the Administration to support activities described in subsection (b).
(C) Final request for proposals.--Not later than 90 days after the date of the enactment of this Act, the Administrator shall make available the final request for proposals to solicit industry proposals to support activities described in subsection (b).
(2) Selection.--
(A) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall enter into contracts, cooperative agreements, or other arrangements with 2 or more commercial providers that have submitted a proposal in response to the solicitation under paragraph (1).
(B) Use of funds.--Funds provided by the Administrator to the Commercial Low-Earth-Orbit Development Program shall be used to support the selection described in subparagraph (A).
SEC. 303. MANAGED TRANSITION FROM INTERNATIONAL SPACE STATION
TO COMMERCIAL LOW-EARTH-ORBIT DESTINATIONS.
(a) Transition Process.--
(1) Initiation.--Beginning on the date on which 1 or more commercial low-Earth-orbit destinations have commenced operations, the Administrator shall commence the process of an orderly, managed transition of operations from the ISS to 1 or more commercial providers in a manner that maintains a continuous human presence.
(2) Vehicle certification.--As part of the process described in paragraph (1), the Administrator shall develop and initiate a process for the certification of a commercial destination capable of providing services to the Administration so as to enable continuous, safe crew operations.
(3) Demonstration of capabilities.--In order to be considered for the transition of operations under this section, a commercial low-Earth-orbit destination shall demonstrate, based on requirements set forth in accordance with section 302(d)(1)(B), capabilities sufficient to support scientific research, technology development, national laboratory functions, and commercial activities previously conducted aboard the ISS.
(4) Authority to transfer operations.--
(A) In general.--The Administrator may transfer operations from the ISS to a commercial low-Earth-orbit destination that has successfully demonstrated capabilities sufficient to support scientific research, technology development, national laboratory functions, and commercial activities previously conducted aboard the ISS.
(B) Notification.--Not later than 7 days after the date on which the Administrator makes a decision to initiate the transfer of operations under this subsection, the Administrator shall notify the appropriate committees of Congress of the intent to initiate such transfer.
(C) Mixed portfolio.--In transferring operations under subparagraph (A), the Administrator shall seek to maintain the same average number of commercial crew and frequency of cargo flights to low-Earth orbit and the same tempo of operations, crew size, and research throughput in low-Earth orbit as existed before the date on which the transfer commenced.
(5) Duration of managed transition.--A transition under this subsection shall, to the extent practicable, occur in a manner that ensures an overlap between ISS operations and commercial low-Earth-orbit destination operations, during which both platforms may support continuous human presence for not less than 180 days.
(b) De-orbit of the ISS.--The Administrator shall not initiate the de-orbit of the ISS until the date on which a commercial low-Earth-orbit destination has reached an initial operational capability to support crew in low-Earth orbit.
(c) Waiver.--
(1) In general.--The Administrator may waive the application of subsections (a) and (b) if the Administrator determines that technical or safety issues exist that--
(A) would put the lives of United States astronauts in jeopardy; or
(B) prohibit the continued safe operation of the ISS.
(2) Notification.--Not later than 7 days after the date on which the Administrator makes a determination under paragraph (1), the Administrator shall notify the appropriate committees of Congress of the intent of the Administrator to exercise the waiver authority pursuant to that paragraph.
SEC. 304.
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EXTENSION OF INTERNATIONAL SPACE STATION.
(a) Findings.--Congress makes the following findings:
(1) The United States has maintained a continuous human presence in low-Earth orbit since November 2000, through operations aboard the ISS.
(2) It is the current policy of the United States to support full and complete utilization of the ISS, in consultation with the international partners of the United States.
(3) It is the intent of Congress to ensure an orderly transition from the ISS to commercial low-Earth-orbit destinations without a gap in continuous United States human presence in low-Earth orbit.
(4) Pursuant to chapter 501 of title 51, United States Code, and related authorities, NASA has undertaken efforts to transition from the ISS to commercial low-Earth-orbit destinations.
(5) The successful development of commercial destinations capable of maintaining continuous human presence in low-Earth orbit depends upon timely, stable, and transparent Federal acquisition strategies, clearly defined operational requirements, and predictable transition timelines.
(6) Over the course of the effort to transition from the ISS to commercially owned and operated low-Earth-orbit destinations, NASA has issued programmatic direction and planning guidance that materially altered previously communicated acquisition approaches, operational requirements, funding assumptions, and transition schedules.
(7) NASA has repeatedly delayed the release of a request for proposals for sustained commercial low-Earth-orbit services, and such delays, coupled with shifting requirements and inconsistent programmatic direction, have introduced substantial uncertainty into the development planning, financing, workforce scaling, and infrastructure investment decisions of commercial providers.
(8) As a result of such uncertainty and delayed procurement action, commercial providers have been unable to scale development and private investment at a pace aligned with the previously articulated NASA objective of de-orbiting the ISS in or around 2030.
(9) The risk of a gap in continuous United States human presence in low-Earth orbit between the retirement of the ISS and the availability of at least 1 fully operational commercial destination capable of demonstrating sustained continuous human presence has been exacerbated by delayed and inconsistent Federal acquisition actions, rather than solely by technical or industrial base challenges of commercial providers.
(10) Maintaining uninterrupted United States human presence in low-Earth orbit is a matter of national interest, scientific continuity, workforce stability, international leadership, industrial base preservation, and strategic competition.
(b) Sense of Congress.--It is the sense of Congress that until the date on which NASA has certified a commercial low-Earth orbit destination to which the operations of the ISS may be transferred, it is in the national and economic security, foreign policy, and scientific interests of the United States to maintain and support the ISS.
(c) Proper Support.--To adequately maintain the effective use of the ISS, until the date on which 1 or more commercial destinations are capable of providing services to the Administration, the Administrator shall seek to maintain the same average number of commercial crew and frequency of cargo flights as before the date of the enactment of this Act, including exploring opportunities for private cargo missions to build commercial operational experience, maintain crew size or maintain or increase tempo of operations, completion of regular maintenance and procurement of critical spare parts, and research throughput.
(d) Extension of the ISS.--Section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18351(a)) is amended by striking "September 30, 2030" and inserting "September 30, 2032".
(e) Waiver.--
(1) In general.--The Administrator may waive the application of subsection (c) if the Administrator determines that technical or safety issues exist that would put the lives of astronauts in jeopardy.
(2) Notification.-- The Administrator shall notify the appropriate committees of Congress of the exercise of the waiver authority under paragraph (1).
SEC. 305. REPORTING AND OVERSIGHT.
Section 50111 of title 51, United States Code, is amended by striking subsection (c) and inserting the following:
"(c) Low-earth Orbit Transition Briefing.--Not later than 60 days after the date of the enactment of the NASA Authorization Act of 2026, and semiannually thereafter, the Administrator shall provide the appropriate committees of Congress with a briefing that includes--
"(1) the status of commercial low-Earth-orbit destination procurement, development, and certification, including a description, schedule, and status of major milestones for each provider;
"(2) an evaluation of crew and cargo vehicles needed to ensure access to commercial low-Earth-orbit destinations, including the projected availability and cost of commercially available systems;
"(3) an evaluation of the service life of the International Space Station, including--
"(A) an inventory of spares or replacements for elements, systems, and equipment necessary to maintain continuous human presence;
"(B) the status of extra vehicular mobility units;
"(C) projected timelines for achieving an overlap between International Space Station operations and operations of a commercial low-Earth-orbit destination of not less than 1 year, during which both platforms shall support continuous human presence for not less than 180 days;
"(D) an assessment of risks to maintaining continuous human presence prior to the transition to commercial low-Earth-orbit destinations; and
"(E) certification of compliance with the full crew requirement under section 303(a)(4)(C) of the NASA Authorization Act of 2026; and
"(4) the status of the de-orbit of the International Space Station, including--
"(A) a description and the schedule and status of major milestones;
"(B) the status of the development of a United States de-orbit vehicle and other space station equipment necessary for a successful de-orbit of the International Space Station; and
"(C) a description of the life-cycle expenditures for the preceding year and expenditures for the upcoming year on activities related to the de-orbit of the International Space Station and any impacts to the tempo of operations, crew size, and research throughput in low-Earth orbit as were conducted before the date of the enactment of the NASA Authorization Act of 2026.".
SEC. 306. TRANSITION TO A COMMERCIALLY LED LOW-EARTH-ORBIT
ECONOMY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the transition from the ISS to commercial destinations to support a continuous human presence in low-Earth orbit is in the national and economic security interests of the United States;
(2) using commercial low-Earth-orbit destinations for a wide range of contemplated missions will facilitate the economic, national defense, science, and exploration objectives of the United States;
(3) the United States should--
(A) facilitate partnerships among the Federal Government, international partners, and the commercial space sector, including through the purchase of commercial low-Earth-orbit services, to ensure the evolution of an ecosystem with private sector development of new technologies, hardware, processes, capabilities, and other commercial low-Earth-orbit service offerings; and
(B) continue to consider private sector proposals that further the development of the low-Earth-orbit economy in which the Administration is 1 of many customers; and
(4) the managed transition under section 303 is necessary to enable the transition from the ISS to commercial destinations.
(b) NASA Activities for Development of Commercial Low-Earth-orbit Destinations.--The Administrator shall authorize activities, on the ISS and within the Administration, that develop infrastructure, hardware, processes, capabilities, technologies, and personnel to enable--
(1) the development of commercial low-Earth-orbit destinations; and
(2) a United States-led low-Earth-orbit economy.
(c) Commercial Activities.--The Administrator may permit the use of the ISS, in a manner consistent with the policy and purpose set forth in section 20102 of title 51, United States Code--
(1) to carry out the activities described in subsection (b); and
(2) to conduct--
(A) science and technology research with commercial applications; and
(B) marketing and sponsorship of services and products on a cost-reimbursable basis.
SEC. 307. NONGOVERNMENTAL MISSIONS ON THE INTERNATIONAL SPACE
STATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) nongovernmental missions on the ISS carried out, as appropriate, pursuant to Federal law and NASA policies and procedures can provide lessons and learning experiences for governmental and nongovernmental entities to inform the development of future commercial low-Earth-orbit platforms and a low-Earth-orbit economy; and
(2) the Administrator should share lessons learned from nongovernmental missions on the ISS--
(A) to advance the commercial human spaceflight industry;
(B) to promote the safety of future commercial low-Earth-orbit platforms; and
(C) to inform the evolution of policies guiding such activities in low-Earth orbit.
(b) Agreements for Nongovernmental Missions on the ISS.--The Administrator may enter into 1 or more agreements to enable 1 or more United States commercial providers to conduct nongovernmental missions on the ISS pursuant to Federal law and NASA policies and procedures.
SEC. 308. BRIEFING ON USE OF COMMERCIAL SUBORBITAL VEHICLES
FOR CREWED MISSIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be assured access to suborbital microgravity environments for United States Government personnel; and
(2) commercial suborbital vehicles should be used as a low-cost option for training, experimentation, research, and testing purposes.
(b) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on--
(1) the costs, benefits, risks, training requirements, and policy or legal implications, including liability matters, of launching United States Government personnel on commercial suborbital vehicles; and
(2) the maximum flight cadence and current availability of such vehicles.
SEC. 309. LUNAR COMMUNICATIONS.
(a) Findings.--Congress makes the following findings:
(1) Reliable communication and navigation capabilities are essential for sustainable human and robotic exploration of the Moon.
(2) Fostering the development of commercial capabilities may accelerate the deployment of lunar communication and navigation services.
(b) Authority To Develop Architecture for Lunar Communications and Navigation.--The Administrator may develop a robust and resilient architecture for lunar communications and navigation to support
the human and robotic lunar exploration activities of the Administration.
(c) Study and Plan.--To inform the development of the architecture described in subsection (b), the Administrator shall--
(1) conduct a study on the need for a lunar communications and navigation architecture, which shall include the development of commercial market estimates; and
(2) develop a plan--
(A) to enable interoperable communications and navigation services for cislunar space missions;
(B) to collaborate with the private sector, other Federal agencies, and, as appropriate, international partners to establish technical standards, consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
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272 note; Public Law 104-113), protocols, and interface requirements for cislunar space communications and navigation services and systems;
(C) to support NASA lunar activities;
(D) to leverage the space technology research, development, and demonstration activities of NASA relating to space communications and navigation; and
(E) to evaluate the opportunities, benefits, feasibility, and challenges of the potential use of commercial cislunar space communication and navigation services, as appropriate, by United States commercial providers.
(d) Role of Glenn Research Center.--The Administrator shall designate the Glenn Research Center as the lead NASA center for the conduct of the study and the development of the plan required by subsection (c).
SEC. 310. REPORT ON SPACE COMMUNICATIONS UPGRADES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the aging NASA Tracking and Data Relay Satellite System provides critically important communications capabilities for services used by NASA, other Federal agencies, the domestic commercial space industry, and other entities; and
(2) as such system ages out, the NASA Communications Services Project is partnering with industry to develop advanced options for augmenting and replacing such capabilities and related services with commercial offerings.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that includes the following:
(A) An identification of the projected space communications needs of the Administration, including needs relating to necessary upgrades to existing infrastructure, including the Tracking and Data Relay Satellite System, and new capabilities for future missions, including the Communications Services Project.
(B) A description of the upgrades required to meet the needs identified under subparagraph (A).
(C) A summary of the actions taken by the Administrator to carry out such upgrades.
(D) A discussion of the manner in which the Administrator is taking an integrated approach to upgrading space communications infrastructure, including whether the Administrator is considering infrastructure that may be extended to other needs of the Administration, such as the Moon to Mars Program.
(E) An analysis of the manner in which commercial solutions from entities that provide or use on-orbit or launch services that may be leveraged to fulfill the needs identified under subparagraph (A).
(2) Form.--The report required by this subsection shall be submitted in unclassified form but may include a classified annex or may be accompanied by a classified briefing.
SEC. 311. LUNAR TIME STANDARDIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the establishment of a resilient, interoperable, and precise United States-led lunar positioning, navigation, and timing architecture is critical to the success of civil, commercial, and national security operations in cislunar space and on the lunar surface;
(2) a unified interagency approach, supported by strong public-private partnerships and international coordination, is necessary to ensure United States leadership in space standards and infrastructure; and
(3) open and interoperable standards must underpin all lunar positioning, navigation, and timing systems in order to enable seamless coordination across government, commercial, and international missions.
(b) Statement of Policy on Promotion of Domestic Capability.--It is the policy of the United States to support the development of a domestic, commercially scalable, high-accuracy timekeeping infrastructure to complement Government capabilities and reduce reliance on foreign or legacy systems.
(c) NASA as Lead Agency for Lunar Positioning, Navigation, and Timing Architecture.--
(1) In general.--The Administrator shall--
(A) continue leading the development and deployment of a lunar positioning, navigation, and timing architecture that is resilient, scalable, and interoperable;
(B) coordinate with the Department of Defense, the National Geospatial-Intelligence Agency, the Navy, the National Institute of Standards and Technology, the Department of Transportation, and other relevant agencies to define and implement a unified, secure, and high-precision lunar time standard consistent with United States space policy;
(C) encourage and integrate commercial capabilities into the NASA Space Communications and Navigation infrastructure, including through support of commercial lunar clock data centers and related services; and
(D) ensure that any lunar geodetic reference frame developed by the United States is interoperable with international standards.
(2) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator, in coordination with interagency partners, shall submit to the appropriate committees of Congress a report that includes the following:
(A) A description of existing and planned United States lunar positioning, navigation, and timing capabilities.
(B) Identified gaps with respect to such capabilities or the coverage of such capabilities.
(C) With respect to such capabilities--
(i) defined roles and responsibilities of Federal agencies and commercial stakeholders;
(ii) a description of interagency coordination mechanisms and any barriers that prevent the alignment of such mechanisms; and
(iii) plans for engagement by the Administrator with international standards bodies and space agencies.
(D) A proposed roadmap and timeline for the deployment of an integrated lunar positioning, navigation, and timing system.
(3) Briefing.--Not later than 90 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on the development and deployment of a lunar positioning, navigation, and timing architecture that includes, with respect to such architecture, information on the following:
(A) Lunar relay and surface navigation infrastructure.
(B) Interoperability with allied and international partner capabilities.
(C) Integration of commercial partnerships and data services.
SEC. 312. LUNAR SURFACE POWER.
(a) Findings.--Congress makes the following findings:
(1) It is in the national interest of the United States to achieve a sustained presence on the Moon for human exploration, scientific discovery, and commercial economic activity.
(2) Abundant reliable power is required to carry out robust human and robotic exploration of the Moon and commercial economic activity in space.
(3) Establishing a reliable power infrastructure on the lunar surface near key areas of interest is vital to--
(A) continued United States leadership in space;
(B) the next phase of the Artemis campaign; and
(C) enabling a sustained United States presence on the Moon.
(4) NASA has sponsored research to demonstrate solar and fission surface power on the surface of the Moon.
(5) Commercial entities seek to deploy solar arrays, nuclear reactors, and radioisotope power systems to the surface of the Moon for the purpose of providing power for lunar activities.
(6) NASA has successfully leveraged commercial capabilities for Commercial Lunar Payload Services and other programs.
(7) Leveraging commercially developed power infrastructure may increase efficiency, reduce costs, and accelerate the deployment of sustainable lunar power sources.
(b) Report on Power Requirements.--
(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Administrator shall issue a report that forecasts the power needs of the Administration on the lunar surface during the 10-year period beginning on such date of enactment.
(2) Elements.--The report required by paragraph (1) shall include an identification of the projected power needs for human missions, robotic operations, and commercial activities supported by the Administration.
(3) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(c) Pilot Program.--
(1) Agreements.--Not later than 1 year after the date of the enactment of this Act, subject to the availability of appropriations, the Administrator, through an open and competitive solicitation process, shall enter into an agreement with not fewer than 2 private entities for the purpose of acquiring power on the lunar surface, including power provided by onboard integrated systems capable of surviving through lunar nights, based on the Administration's forecasted needs for power set forth in the report issued under subsection (b).
(2) Termination.--The Administrator may terminate an agreement entered into under paragraph (1) if the private entity concerned is unable to commence the delivery of power by the date that is 4 years after the date on which the agreement is entered into.
(d) Designation of Lead Center for Lunar Surface Fission Power.--The Administrator shall designate the NASA Glenn Research Center as the lead NASA center for the development, integration, testing, and demonstration of lunar surface fission power systems authorized under this section.
SEC. 313. COMMERCIAL LUNAR DATA ACQUISITION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) advancements in commercial imagery and sensing technology are capable of supporting scientific progress; and
(2) the Administrator should--
(A) take advantage of all sources of innovation; and
(B) leverage capabilities from outside government in order to accomplish the science and exploration missions of NASA.
(b) Pilot Program.--
(1) Establishment.--The Administrator shall establish a pilot program to assess the viability of acquiring commercially available data from the lunar and cislunar space environments and integrating such data into NASA activities and missions, including--
(A) planetary science research;
(B) exploration missions; and
(C) space traffic coordination in lunar orbit.
(2) Publication of standards.--Not later than 60 days after the date of the enactment of this Act, the Administrator shall publish in the Federal Register standards and specifications for data and metadata to be acquired from the lunar and cislunar space environments under the pilot program.
(3) Contracts and agreements.--
(A) Authority.--The Administrator may enter into such multi-year contracts or agreements as may be necessary to carry out the pilot program established under this subsection.
(B) Contracts.--
(i) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator, through an open and competitive solicitation process, shall enter into 1 or more contracts or agreements with 1 or more private entities for the provision of data that meets the standards set forth under paragraph (2) for use in any applicable NASA program or research effort.
(ii) Data-sharing practices.--As part of the contract negotiation process, the Administrator shall negotiate data-sharing agreements on a case-by-case basis with each private entity selected for participation in the pilot program.
(4) Report.--Not later than 3 years after the date on which the Administrator enters into a contract or agreement under paragraph (3), the Administrator shall submit to the appropriate committees of Congress a report that assesses the extent to which--
(A) the data acquired under the contract or agreement was leveraged within NASA; and
(B) the pilot program has demonstrated the viability of acquiring and assimilating data collected by private entities from the lunar and cislunar space environments into NASA programs and research efforts.
SEC. 314.
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CREW RESCUE CAPABILITIES.
(a) Evaluation.--
(1) In general.--To maintain the safe and effective operation and use of the ISS and future commercial low-Earth-orbit platforms, not later than 120 days after the date of the enactment of this Act, the Administrator shall evaluate existing and evolvable crew rescue capabilities for the return of astronauts in emergency and non-emergency scenarios.
(2) Elements.--The evaluation required by paragraph (1) shall include a comprehensive assessment of the following:
(A) The number of commercial human-rated spacecraft, available from United States providers, with the capability to carry out potential crew rescue.
(B) The similarities and dissimilarities among such spacecraft, and the number of astronauts each such spacecraft can accommodate.
(C) The maximum flight cadence and current availability of crew rescue capabilities for the emergency and non-emergency return of astronauts.
(D) The evolvability of current commercial cargo vehicles to support emergency and non-emergency return of astronauts from the ISS and future commercial low-Earth-orbit platforms.
(3) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on the results of the evaluation required by paragraph (1).
(b) Evolutionary Development of Crew Rescue Capabilities.--Subject to the availability of appropriations, the Administrator may contract with United States commercial crew, cargo, or human-rated spacecraft providers for the evolutionary development of additional crew rescue capabilities.
SEC. 315. COMMERCIAL LAUNCH SERVICES.
(a) Findings.--Congress finds the following:
(1) Launch service providers have a long and reliable history of working with NASA to successfully deliver civil, scientific, and exploration payloads into space.
(2) NASA's commercial launch service providers have maintained an extremely safe operational record, demonstrating high standards of mission assurance and reliability.
(3) Encouraging healthy competition among launch services providers promotes innovation, affordability, and redundancy.
(4) Launch capabilities of varying sizes provide discrete advantages to NASA, such as access to unique orbits, fast turnaround, and responsive launch opportunities.
(5) Having access to multiple launch services providers can support the health and viability of the broader domestic supply chain, including small- and medium-sized aerospace manufacturers, propulsion suppliers, avionics developers, and ground systems integrators.
(6) United States commercial launch services are helpful to national competitiveness, workforce development, and economic prosperity.
(b) Policy.--It is the policy of the United States to enhance American leadership in space by--
(1) enabling a competitive United States commercial launch marketplace capable of delivering NASA payloads;
(2) substantially increasing commercial space launch cadence and novel space activities by 2030; and
(3) streamlining Federal Government processes, including commercial license and permit approvals for United States-based operators, to facilitate growth in the commercial space sector.
(c) Briefing.--NASA shall provide a briefing to the appropriate committees of Congress on the Administrator's plans and strategy for continuing to procure commercial launch services, including an assessment of the supply chain and domestic industrial base supporting such services and any associated risks to cost, schedule, or mission assurance.
SEC. 316. EXECUTING INTERNATIONAL SPACE STATION SCIENCE
MANIFEST.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the ability to accurately measure reflected radiation and temperature of the Earth, Sun, and Moon system is critical to understanding the space environment for future civil, industry, and military uses;
(2) the next generation of on-orbit sensors requires improved accuracy in order to enable inter-calibration between government and industry satellite sensors;
(3) to the maximum extent practicable, NASA should use the current platform that the ISS provides for low-Earth-orbit research until the date on which the ISS is decommissioned; and
(4) hardware currently completed, configured, and manifested for flight to the ISS should be launched and carried out as planned.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that provides an inventory of all completed science hardware that has been manifested for, but has yet to be launched to, the ISS.
(c) Activities.--Subject to the availability of appropriations, the Administrator shall, to the greatest extent practicable, launch to the ISS (or a successor platform) the completed scientific hardware that is on the ISS flight manifest so as to maximize the investment of United States taxpayers.
SEC. 317. SAFETY STANDARDS FOR CISLUNAR HUMAN SPACEFLIGHT.
Section 50132 of title 51, United States Code, is amended by adding at the end the following:
"(c) Human-rating Requirements.--In procuring services for the transportation of humans to cislunar space or the lunar surface, the Administrator shall require that such services satisfy all applicable Administration human-rating standards.".
SEC. 401. SPACE TECHNOLOGY MISSION DIRECTORATE.
(a) Sense of Congress.--It is the sense of Congress that an independent Space Technology Mission Directorate is critical to ensuring continued investment in the development of technologies for missions across the portfolio of NASA, including science, aeronautics, and human exploration.
(b) Space Technology Mission Directorate.--The Administrator shall maintain a Space Technology Mission Directorate consistent with section 702 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (51 U.S.C. 20301 note; Public Law 115-10).
SEC. 402. SMALL BUSINESS INNOVATION RESEARCH AND SMALL
BUSINESS TECHNOLOGY TRANSFER.
(a) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on the following:
(1) Active awards made by the Administrator under a Small Business Innovation Research Program or a Small Business Technology Transfer Program (as those terms are defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e))) as of the date of the enactment of this Act.
(2) The manner in which the awards described in paragraph (1) are apportioned to each mission directorate of NASA.
(b) SBIR Phase II Flexibility.--Section 9(cc) of the Small Business Act (15 U.S.C. 638(cc)) is amended by striking "and the Department of Education" and inserting "the Department of Education, and the National Aeronautics and Space Administration".
SEC. 403. SENSE OF CONGRESS ON CRYOGENIC FLUID VALVE
TECHNOLOGY.
It is the sense of Congress that advancing cryogenic fluid valve technology would support the Administration's efforts to improve cryogenic fluid management and improve the reliability and efficiency of space vehicles.
SEC. 404. SPACE NUCLEAR POWER AND PROPULSION SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) domestically developed fusion energy technologies have matured significantly over
the last several years as a result of surging private sector investment;
(2) such technologies could provide a safe, reliable, and long-duration power source for a range of cislunar, lunar, and Martian operations, and could offer certain advantages over fission power systems by mitigating radiation risk, improving fuel security, and limiting non-proliferation concerns;
(3) advancing nuclear thermal propulsion and nuclear electric propulsion systems would support the Administration's efforts to ensure technological readiness for Moon and Mars missions and other deep space exploration; and
(4) NASA and the Department of Energy have long collaborated on the development of space nuclear power and propulsion systems.
(b) Activities.--
(1) In general.--As a complement to the lunar surface power program described in section 312, the Administrator shall continue development and demonstration activities for space nuclear power and propulsion, in collaboration with other relevant Federal agencies and with industry.
(2) Elements.--The activities described in paragraph (1) shall include the following:
(A) An assessment of the potential near-term use cases of nuclear systems for NASA missions, including commercial lunar payload services missions for lunar night survival.
(B) A roadmap for incorporating commercially developed nuclear systems into future science and exploration partnerships and funding opportunities of NASA.
(C) The use of previously developed NASA hardware, as appropriate.
SEC. 405.
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NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP
PROGRAM.
(a) Amendments.--Title 51, United States Code, is amended--
(1) in section 40303, by striking subsections (d) and (e); and
(2) in section 40304--
(A) by striking subsection (c) and inserting the following:
"(c) Solicitations and Awards.--
"(1) Solicitations.--The Administrator may issue a solicitation to space grant regional consortia for the award of grants or contracts under this section.
"(2) Applications.--A lead institution of a space grant regional consortium that seeks a grant or contract under this section shall submit, on behalf of such space grant regional consortium, an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require.
"(3) Awards.--The Administrator may award 1 or more multi-year grants or contracts, disbursed in annual installments, to the lead institution of a space grant regional consortium comprised of institutions of any of the following:
"(A) 1 or more of the 50 States of the United States.
"(B) The District of Columbia.
"(C) The Commonwealth of Puerto Rico."; and
(B) by adding at the end the following:
"(e) Allocation of Funding.--
"(1) Program implementation.--To carry out the purposes set forth in section 40301, each fiscal year, the Administrator may allocate the funds appropriated for the national space grant college and fellowship program for the fiscal year to each space grant regional consortium awarded a grant or contract under subsection (c)(3) in an equal amount.
"(2) Program administration.--
"(A) In general.--Each fiscal year, of the funds made available for the national space grant college and fellowship program, the Administrator shall allocate not more than 10 percent for the administration of the program.
"(B) Costs covered.--The funds allocated under subparagraph (A) shall cover all costs of the Administration associated with the administration of the national space grant college and fellowship program, including--
"(i) direct costs to the program, including costs relating to support services and civil service salaries and benefits;
"(ii) indirect general and administrative costs of centers and facilities of the Administration; and
"(iii) indirect general and administrative costs of Administration headquarters.".
(b) Analysis and Report.--
(1) Analysis.--The Administrator shall make arrangements for the conduct of a multi-year analysis of the independent external reviews under development in the national space grant college and fellowship program established under section 40303 of title 51, United States Code--
(A) to evaluate the program's management, accomplishments, approach to funding allocation as described in subsection (e) of such section, and responsiveness to the purposes set forth in section 40301 of such title;
(B) to consider the benefits that partnerships with local education agencies, including those in underserved and rural areas, may provide; and
(C) to propose any statutory updates that may be needed to implement recommendations of the analysis.
(2) Briefing.--Not later than 270 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on the results of the analysis conducted under paragraph (1).
SEC. 406. SKILLED TECHNICAL WORKFORCE EDUCATION OUTREACH.
(a) In General.--The Administrator may conduct or support STEM engagement activities that focus on expanding opportunities for students to pursue skilled technical workforce occupations in space and aeronautics, with the objective of strengthening the United States space and aeronautics industrial base and ensuring the availability of a mission-ready workforce to support current and future NASA programs.
(b) Leveraging Existing Programs.--In conducting or supporting activities under subsection (a), the Administrator--
(1) shall leverage, as appropriate, existing NASA education, workforce, and outreach programs; and
(2) may coordinate with or leverage Federal programs, interagency initiatives, and public-private partnerships, including the Manufacturing USA Program established under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s), to address workforce needs across the domestic space and aeronautics supply chain, as appropriate.
(c) Inclusions.--Activities conducted or supported under subsection (a) may include outreach activities that--
(1) engage secondary and post-secondary students, including students--
(A) at institutions of higher education, 2-year colleges, and high schools; and
(B) enrolled in vocational, apprenticeship, or career and technical education programs;
(2) expose students to--
(A) careers that require career and technical education, skills, and training relevant to NASA missions; and
(B) the competitiveness and resiliency of the United States space and aeronautics industrial base;
(3) encourage students to pursue high-demand technical careers supporting spaceflight, aeronautics, science, research, manufacturing, propulsion, avionics, testing, materials, operations, and sustainment; and
(4) provide students with hands-on learning opportunities to observe or participate in--
(A) the manufacturing, assembly, integration, and testing of NASA-funded space and aeronautical systems (consistent with mission requirements);
(B) workplace safety;
(C) mission requirements; and
(D) the protection of sensitive or proprietary information.
(d) Briefing.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on the following:
(1) Activities conducted or supported under this section.
(2) Any planned activities to be conducted or supported.
(3) The manner in which such activities support the long-term health, resiliency, and competitiveness of the United States space and aeronautics industrial base.
(e) Definitions.--In this section:
(1) Institution of higher education.--The term "institution of higher education" has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(2) Skilled technical workforce.--The term "skilled technical workforce" has the meaning given that term in section 4(b)(3) of the Innovations in Mentoring, Training, and Apprenticeships Act (42 U.S.C. 1862p note; Public Law 115-402).
SEC. 407.
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ACTIVE ORBITAL DEBRIS REMEDIATION DEMONSTRATION.
(a) In General.--Subject to the availability of appropriations, the Administrator may establish a demonstration program to make competitive awards for the research, development, and demonstration of technologies leading to the active remediation of orbital debris.
(b) Purpose.--The program authorized under subsection (a) may enable eligible entities to pursue the phased development and demonstration of technologies and processes required for active debris remediation and to mature capabilities necessary for potential future remediation missions.
(c) Prioritization of Orbital Debris.--
(1) List.--Not later than 90 days after the date of the enactment of this Act, the Administrator, in collaboration with the Secretary of Commerce, and in consultation with relevant Federal departments and agencies and representatives of the commercial space industry, academia, and nonprofit organizations, shall publish a list of selected 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 all 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 risks 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.
(d) Demonstration Project Authority.--
(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 (c)(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 NASA participation, as appropriate, in technology development and intellectual property rights that--
(i) leverages NASA 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;
(D) assign a project manager to oversee the demonstration project and carry out project activities under this subsection; and
(E) in assigning such project manager, leverage NASA centers and the personnel of NASA centers, as practicable.
(4) Research and development phase.--With respect to orbital debris identified under paragraph (1) of subsection (c), 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, with a preference for technologies that are capable of remediating orbital debris with a broad range of characteristics described in paragraph (2) of that subsection.
(5) Demonstration mission phase.--
(A) In general.--Subject to the availability of appropriations, the Administrator shall evaluate proposals for a demonstration mission and select and enter into a partnership with an eligible entity 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) Sense of congress on 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 the appropriate committees of Congress with 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 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 1 or more demonstration missions; and
(iii) any duplicative efforts carried out or supported by NASA 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 of Commerce, the Secretary of Defense, and the head of any other relevant Federal department or agency, 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, cooperate with 1 or more partner countries to enable the remediation of orbital debris that is under their respective jurisdictions.
(e) Acquisition of Services.--To foster the competitive development and commercial availability of active debris remediation services, the Administrator may acquire such services, whenever practicable, through fair and open competition using well-defined milestone-based contracts in accordance with the Federal Acquisition Regulation.
SEC. 408. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
Section 40903 of title 51, United States Code, is amended by adding at the end the following:
"(e) Types of Grants.--In carrying out the program, the Administrator shall issue the following grant categories to eligible States:
"(1) Research infrastructure development.--Grants to strengthen research capacity, workforce development, and institutional competitiveness within EPSCoR jurisdictions, including support for attendance at NASA EPSCoR focused Technical Interchange Meetings for eligible States.
"(2) Jurisdiction-specific nasa collaborative research.--Multi-year major collaborative research grants supporting competitively selected, merit-reviewed projects aligned with NASA mission directorate priorities and areas of agency interest.
"(3) Special awards.--Grants supporting multi-jurisdictional research projects, rapid response projects, flight missions, partnerships with other agency EPSCoR programs, and other special awards.
"(f) Sense of Congress.--It is the sense of Congress that--
"(1) NASA EPSCoR is a research-focused program intended to build long-term research competitiveness and contribute substantively to NASA's mission priorities;
"(2) the Administrator should maintain a balanced distribution of funding among the grant categories described in subsection (e) that is consistent with the historical practice of the program and preserves robust support for both research infrastructure and mission-relevant collaborative research;
"(3) funding for such grant categories should be administered in a manner that ensures continuity, stability, and sustained research capacity in eligible jurisdictions;
"(4) the NASA EPSCoR STIMULI report serves as an important public accounting of research outcomes, mission contributions, and return on investment from the program, and should continue to document and showcase the scientific, technological, and workforce impacts generated through these awards; and
"(5) activities funded under this section should be coordinated with other NASA and Federal research programs to avoid unnecessary duplication while preserving the distinct research capacity-building purpose of NASA EPSCoR.".
SEC. 409. USE OF SCIENCE, SPACE, AND TECHNOLOGY EDUCATION
TRUST FUND.
(a) Science, Space, and Technology Education Trust Fund.--Beginning on October 1, 2026, the Administrator shall award as grants to the Challenger Center for Space Science Education the remaining balance in the Treasury of the United States of the Science, Space, and Technology Education Trust Fund.
(b) Repeal.--Effective 1 year after the date of the enactment of this Act, section 40901 of title 51, United States Code, is repealed.
SEC. 501.
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HYPERSONIC RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--(1) basic and applied hypersonic research--
(A) is critical for enabling the development of advanced high-speed aeronautical and space systems; and
(B) can improve understanding of technical challenges related to high-speed and reusable vehicle technologies, including those related to--
(i) propulsion;
(ii) noise;
(iii) advanced materials; and
(iv) entry, descent, and landing operations;
(2) investments in, and NASA efforts to study, hypersonic research are critical to sustaining United States global leadership in space and aeronautics;
(3) the Department of Defense should not duplicate, and may complement, such NASA efforts;
(4) NASA hypersonic research tunnels at Neil Armstrong Test Facility should immediately be refurbished to full non-vitiated hypersonic capability, in full coordination with the Department of Defense;
(5) the Department of Defense should use NASA capabilities to the maximum extent practicable so as to avoid duplication of costly facilities; and
(6) efforts to study hypersonic research supported by the Department of Defense and NASA should be conducted in partnership with universities and industry, as appropriate.
(b) Hypersonic Research.--The Administrator, in coordination with the Administrator of the Federal Aviation Administration and the Secretary of Defense, as appropriate, and in consultation with industry and academia, shall continue to carry out basic and applied hypersonic research.
(c) Roadmap.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator, in consultation with the Administrator of the Federal Aviation Administration, the Secretary of Defense, industry, and academic institutions, shall update the roadmap for hypersonic research required by section 603 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115-10; 131 Stat. 55).
(2) Considerations.--In updating the roadmap under paragraph (1), the Administrator may consider--
(A) advancements in--
(i) system-level design, analysis, and validation of hypersonic aircraft technologies;
(ii) propulsion capabilities and technologies;
(iii) vehicle technologies, including vehicle flow physics and vehicle thermal management associated with aerodynamic heating;
(iv) advanced materials, including materials capable of withstanding high temperatures;
(v) demonstrating durable materials;
(vi) efforts to apply such materials; and
(vii) other areas of hypersonic research as determined appropriate by the Administrator; and
(B) data trends regarding sonic boom overpressures associated with hypersonic aircraft.
(d) Report and Briefing.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall--
(1) submit to the appropriate committees of Congress the roadmap updated under subsection (c); and
(2) provide the appropriate committees of Congress with a briefing on the research carried out under subsection (b), including with respect to the manner in which such research aligns with such updated roadmap.
SEC. 502. ADVANCED MATERIALS AND MANUFACTURING TECHNOLOGY.
(a) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the status of NASA activities relating to subsections (e) and (f) of section 10831 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 40102 note; Public Law 117-167).
(b) Update and Briefing.--Not later than 2 years after the date on which the report required by subsection (a) is submitted, the Administrator shall--
(1) submit to the appropriate committees of Congress an update to the findings contained in such report; and
(2) provide the appropriate committees of Congress with a briefing on such update.
SEC. 503. UNMANNED AIRCRAFT SYSTEMS AND ADVANCED AIR
MOBILITY.
(a) In General.--The Administrator shall continue research, as appropriate and necessary, in collaboration with the Administrator of the Federal Aviation Administration, the heads of other relevant Federal agencies, and appropriate representatives of academia and industry, on unmanned aircraft systems and advanced air mobility.
(b) Definitions.--In this section:
(1) Advanced air mobility.--The term "advanced air mobility" means a transportation system that is composed of urban air mobility and regional air mobility using manned or unmanned aircraft.
(2) Regional air mobility.--The term "regional air mobility" means the movement of passengers or property by air between 2 points using an airworthy aircraft that--
(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies;
(B) has a maximum takeoff weight of greater than 1,320 pounds; and
(C) is not urban air mobility.
(3) Unmanned aircraft system.--The term "unmanned aircraft system" has the meaning given that term in section 44801 of title 49, United States Code.
(4) Urban air mobility.--The term "urban air mobility" means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that--
(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and
(B) has a maximum takeoff weight of greater than 1,320 pounds.
SEC. 504. HYDROGEN AVIATION.
(a) In General.--Subject to the availability of appropriations for such purpose, the Administrator may carry out research on emerging technologies related to hydrogen aviation.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on ongoing research carried out under subsection (a) that includes the following:
(1) An identification of any agency with which NASA has partnered on such research.
(2) A description of anticipated further actions and activities related to hydrogen aviation.
SEC. 505. HIGH-PERFORMANCE CHASE AIRCRAFT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA programs benefit from and rely upon high-performance chase aircraft for providing research and mission support; and
(2) NASA currently faces maintenance challenges related to its aging high-performance aircraft fleet, which is resulting in increased program costs.
(b) Briefing.--Not later than 60 days after the date of the enactment of this Act, and biannually thereafter, the Administrator shall provide the appropriate committees of Congress with a briefing on the strategy of NASA relating to the following:
(1) Collaboration with the Department of Defense on efforts for research and flight asset sharing to support NASA's research and mission support and pilot training requirements.
(2) Efforts to seek aircraft parts and engines to keep NASA's current fleet of chase aircraft operational, including potential use of 3D additive manufactured parts.
(3) Strategies for acquiring or using through loan, sharing, or other agreements, as appropriate, Department of Defense aircraft to support NASA's research and mission support activities, as required.
SEC. 506. ELECTRIFIED POWERTRAIN FLIGHT DEMONSTRATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) hybrid-electric powertrain systems and component technology show great promise for improving the efficiency and cost effectiveness of next-generation commercial subsonic aircraft; and
(2) NASA, in partnership with commercial industry, has made significant progress in demonstrating the practical application of such systems and technology.
(b) Continuation.--The Administrator shall--
(1) continue the Electrified Powertrain Flight Demonstration project to mature electrified aircraft propulsion technologies for commercial aircraft; and
(2) ensure that partnerships with industry in effect as of the date of the enactment of this Act continue through the successful completion of flight demonstrations under such project.
SEC. 507. STUDY ON MODERNIZATION OF T-38 FLIGHT TRAINER
AIRCRAFT FLEET.
(a) Findings.--Congress finds the following:
(1) The NASA astronaut corps has historically relied on the T-38 flight trainer aircraft to develop and maintain critical skills in high-performance, high-risk environments.
(2) Such high-performance training remains essential as the United States undertakes increasingly complex and dangerous deep space exploration missions, including crewed missions to the Moon and Mars.
(3) The T-38 flight trainer aircraft fleet, currently managed, housed, and maintained at Ellington Field Joint Reserve Base in Texas, provides essential operational readiness for astronauts and must continue to be based there to sustain the proficiency of the astronaut corps.
(b) Study Required.--
(1) In general.--The Administrator shall conduct a study evaluating the following:
(A) The costs, benefits, and requirements of modernizing or replacing NASA's T-38 flight trainer aircraft fleet with new aircraft of similar or superior performance capability.
(B) The resources needed and requirements to continue operating and maintaining the T-38 flight trainer aircraft fleet in a safe and mission-effective manner.
(C) Options for establishing a dedicated NASA maintenance program for the T-38 flight trainer aircraft fleet at Ellington Field Joint Reserve Base.
(D) The training, operational, and safety implications for the astronaut corps under each such option.
(E) The feasibility and advisability of leveraging other United States Government advanced flight trainer aircraft fleets, including with respect to interoperability, sustainment, common training curricula,
and potential shared logistics or maintenance arrangements with the Department of Defense trainer programs.
(2) Consultation.--In conducting the study required by paragraph (1), the Administrator shall consult with relevant Department of Defense and commercial aviation experts.
(c) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the findings of the study required by subsection (b), including recommendations for future action.
(d) Continuation of T-38 Fleet.--The Administrator may not divest, retire, or otherwise reduce the number of T-38 flight trainer aircraft until the Administrator has--
(1) procured and fielded not fewer than 10 high-performance trainer aircraft of similar or superior capability to the existing T-38 flight trainer aircraft; and
(2) ensured that such high-performance trainer aircraft are operationally available for astronaut training at Ellington Field Joint Reserve Base.
SEC. 508. SUBSONIC THIN-WING FLIGHT TECHNOLOGIES.
(a) In General.--Section 40112 of title 51, United States Code, is amended--
(1) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and
(2) by inserting after subsection (a) the following:
"(b) Thin-wing Flight Technologies.--The Administrator may establish an initiative to research, develop, integrate, and test new flight technologies that will enable thin-wing architecture on subsonic commercial aircraft, including a ground-based, full-scale wing demonstration and other advanced technologies necessary to enable the use of thin-wing technology on subsonic commercial aircraft.".
(b) Conforming Amendments.--Section 10833 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C.
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40112 note; Public Law 117-167) is amended--
(1) in subsections (b) and (c), by striking "section 40112(b) of title 51" each place it appears and inserting "section 40112(c) of title 51"; and
(2) in subsections (c) and (d), by striking "subsection (b) of section 40112" each place it appears and inserting "subsection (c) of section 40112".
SEC. 509. ADVANCED CAPABILITIES FOR AIRSPACE MANAGEMENT.
(a) In General.--The Administrator may continue to conduct research and development activities under the Advanced Capabilities for Emergency Response Operations project managed by the Airspace Operations and Safety Program (or the appropriate successor project or projects) to develop advanced airspace management technologies.
(b) Briefing.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on ongoing research and development activities related to improving airspace management in complex environments.
(2) Elements.--The briefing required by paragraph (1) shall include the following:
(A) An identification of any topic related to improvement of aerial responses to wildfires that could benefit from further research.
(B) A description of collaboration with other relevant Federal agencies.
(C) A description of any continuing efforts under this section.
(D) A description of the applicability of technologies developed through the project for the integration of new airspace entrants.
(E) Any other information the Administrator considers appropriate.
SEC. 510. OPEN-FAN FLIGHT DEMONSTRATION.
Section 40112 of title 51, United States Code, is amended by adding at the end the following:
"(h) Open-fan Technologies.--The Administrator may establish an initiative to research, develop, integrate, and test open-fan and advanced propulsion technologies for narrow-body aircraft.".
SEC. 511. AUTHORITY WITH RESPECT TO UNMANNED AIRCRAFT SYSTEM
IDENTIFICATION AND DETECTION.
(a) In General.--Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following:
"Sec. 20150. Detecting, identifying, monitoring, and
tracking unmanned aircraft systems and unmanned aircraft
that threaten certain facilities and assets
"(a) In General.--Notwithstanding sections 1030 and 1367 and chapters 119 and 206 of title 18, the Administrator may take, and may authorize personnel with assigned duties that include the security or protection of people, facilities, or assets to take, the actions described in subsection (b) that are necessary to detect, identify, monitor, and track an unmanned aircraft system or unmanned aircraft that poses a credible threat (as defined by the Administrator, in consultation with the Secretary of Transportation) to the safety or security of a covered facility or asset.
"(b) Actions Described.--The actions described in this subsection are limited to such actions to detect, identify, monitor, or track the unmanned aircraft systems or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft.
"(c) Required Coordination.--The Administrator shall develop the actions described in subsection (b) in coordination with the Administrator of the Federal Aviation Administration.
"(d) Training of Personnel.--The Administrator, in coordination with the Administrator of the Federal Aviation Administration, shall provide training on the actions described in subsection (b) to personnel authorized to take such actions.
"(e) Aviation Safety.--In carrying out any activity under this section, the Administrator shall coordinate with the Administrator of the Federal Aviation Administration in the case of any action authorized under this section that might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace.
"(f) Identification and Assessment of Covered Facilities or Assets.--
"(1) Inventory.--The Administrator shall identify each covered facility or asset (as defined in subsection (o)(2)).
"(2) Risk-based assessment.--The Administrator, in coordination with the Administrator of the Federal Aviation Administration, shall conduct a risk-based assessment of each covered facility or asset identified as defined in subsection (o)(2) with respect to the risk that a credible threat by an unmanned aircraft system or unmanned aircraft poses to the operation of each such covered facility or asset, that includes an evaluation of the following:
"(A) Threat information specific to each such covered facility or asset.
"(B) Each of the following factors, with respect to potential impacts on the safety and efficiency of the national airspace system and law enforcement and national security needs while carrying out the activities described in subsection (b):
"(i) Potential effects to safety, efficiency, or use of the national airspace system, including potential effects on a manned aircraft, an unmanned aircraft system or unmanned aircraft, aviation safety, airport operations, infrastructure, or air navigation services related to the use of any system or technology for carrying out the actions described in subsection (b).
"(ii) Options for minimizing any identified effect to the national airspace system related to the use of any system or technology, including minimizing any effect to civil aviation or air traffic control systems, for carrying out the actions described in subsection (b).
"(iii) Potential consequences of the impacts of any actions described in subsection (b) to the national airspace system or infrastructure if not detected, identified, monitored, or tracked.
"(iv) The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of law enforcement and national security.
"(v) The setting and character of the covered facility or asset at issue, including the following:
"(I) Whether the covered facility or asset is located in a populated area or near other structures.
"(II) Whether the covered facility or asset is open to the public.
"(III) Whether the covered facility or asset is used for nongovernmental functions.
"(IV) Any potential for interference with wireless communications or for injury or damage to persons or property.
"(vi) Potential consequences to national security, public safety, or law enforcement if a credible threat posed by an unmanned aircraft system or unmanned aircraft to the covered facility or asset at issue is not detected, identified, monitored, or tracked.
"(C) Distribution.--Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Administrator shall distribute to each relevant department or agency (including the Department of Transportation) and the appropriate committees of Congress, through appropriate means, a list of facilities and assets identified as covered facilities or assets.
"(g) Technologies.--Technologies used by the Administration to take actions described in subsection (b) shall be limited to systems or technologies that are included on a list of authorized technologies maintained jointly by the Department of Justice, the Department of Homeland Security, the Department of Defense, the Department of Transportation, the Federal Communications Commission, the National Aeronautics and Space Administration, and the National Telecommunications and Information Administration.
"(h) Guidance and Procedures.--The Administrator and the Administrator of the Federal Aviation Administration--
"(1) shall issue guidance, and may prescribe appropriate procedures as necessary, for the Administrator to carry out this section; and
"(2) in developing such guidance and procedures, shall consult the Chairman of the Federal Communications Commission, the Assistant Secretary of Commerce for Communications and Information, the Secretary of Transportation, and the head of any other agency determined appropriate by the Administrator.
"(i) Coordination.--
"(1) Coordination with federal aviation administration.--With respect to the development of guidance under subsection (f), the Administrator--
"(A) shall coordinate with the Administrator of the Federal Aviation Administration; and
"(B) may coordinate with the heads of other agencies, as determined relevant by the Administrator.
"(2) Effect on aviation safety.--The Administrator shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance or otherwise implementing this section, if such guidance or implementation might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace.
"(j) Privacy Protection.--The guidance or procedures issued to carry out an action described in subsection (b) by the Administrator shall ensure the following:
"(1) The interception or acquisition of, access to, or maintenance or use of, any communication to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and any applicable provisions of Federal law.
"(2) Any communication to or from an unmanned aircraft system or an unmanned aircraft is intercepted or acquired only to the extent necessary to support an action described in subsection (b).
"(3) Any record of such communication is maintained only for as long as necessary, and in no event for more than 180 days, unless the Administrator, in consultation with the Attorney General, determines that maintenance of such records is necessary to investigate or prosecute a violation of law or to directly support an ongoing security operation.
"(4) Such communications are not disclosed to any person not employed or contracted by the Administration for the purposes of carrying out this section unless the disclosure--
"(A) is necessary to investigate or prosecute a violation of law, including by the Department of Defense or a Federal law enforcement agency;
"(B) would support the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to, an action described in subsection (b); or
"(C) is otherwise required by law.
"(k) Semiannual Briefings and Notifications.--
"(1) In general.--On a semiannual basis beginning 6 months after the date of the enactment of this section, the Administrator shall provide a briefing to the appropriate committees of Congress on the activities carried out pursuant to this section.
"(2) Content.--Each briefing required under paragraph (1) shall include the following:
"(A) Information relating to policies, programs, and procedures to minimize or eliminate impacts of the actions carried out pursuant to subsection (b) to the national airspace system.
"(B) A description of the following:
"(i) Each instance that an action described in subsection (b) was taken, including any such instance that may have resulted in harm, damage, or loss to a person or to private property.
"(ii) The guidance, policies, or procedures established by the Administrator to address privacy, civil rights, and civil liberties issues implicated by the actions permitted under subsection (b), as well as any changes or subsequent efforts by the Administrator that would significantly affect privacy, civil rights, or civil liberties.
"(iii) Options considered and steps taken by the Administrator to minimize any identified impacts to the national airspace system related to the use of any system or technology, including minimizing any effects to civil aviation or air
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traffic control systems, for carrying out the actions described in subsection (b).
"(iv) Such consultation conducted by the Administrator with other agencies with respect to each action described under clauses (ii) and (iii).
"(v) Each instance in which a communication intercepted or acquired as a result of an action described in subsection (b) taken during operations of an unmanned aircraft system or unmanned aircraft was--
"(I) held in the possession of the Administration for more than 180 days; or
"(II) shared with any entity other than the Administration.
"(C) An explanation of how the Administrator--
"(i) informed the public with respect to the possible use of authorities granted under this section; and
"(ii) engaged with Federal, State, local, Tribal, and territorial law enforcement agencies to implement and use such authorities.
"(D) An assessment of whether any gaps or insufficiencies in laws, regulations, or policies impede the ability of the Administration to detect, identify, monitor, or track the credible threat posed by malicious, inappropriate, or unauthorized use of an unmanned aircraft system or unmanned aircraft to the safety or security of a covered facility or asset.
"(E) Recommendations to remedy any such gaps or insufficiencies, including recommendations relating to the potential need for changes in laws, regulations, or policies, as appropriate.
"(3) Unclassified form.--Each briefing required under paragraph (1) shall be unclassified but may be accompanied by an additional classified briefing.
"(l) Scope of Authority.--This section may not be interpreted to provide the Administrator with any additional authority other than the authorities described in subsections (a) and (f).
"(m) Termination.--This section shall cease to have effect on September 30, 2031.
"(n) Rule of Construction.--Nothing in this section may be construed--
"(1) to vest in the Administrator any authority of the head of any other Federal agency;
"(2) to vest in the head of any other Federal agency any authority of the Administrator; or
"(3) to modify the spectrum management authorities of the Assistant Secretary of Commerce for Communications and Information under the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.).
"(o) Definitions.--In this section:
"(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means--
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives.
"(2) Covered facility or asset.--The term `covered facility or asset' means a facility or asset of the Administration that--
"(A) is a NASA center; or
"(B) is located within the property of the National Aeronautics and Space Administration.
"(3) Electronic communication; intercept; oral communication; wire communication.--The terms `electronic communication', `intercept', `oral communication', and `wire communication' have the meanings given those terms in section 2510 of title 18.
"(4) Intelligence community.--The term `intelligence community' has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
"(5) Personnel.--
"(A) In general.--The term `personnel' means an officer, employee, or contractor of the Administration authorized to perform duties that include safety, security, or protection of people, facilities, or assets.
"(B) Use of authority.--To qualify for use of the authority under subsection (a), a contractor conducting operations under such subsection shall satisfy the following:
"(i) Be directly contracted by the Administration.
"(ii) Be assigned to law enforcement duties within the Office of Protective Services of the Administration.
"(iii) Operate at a Government-owned or Government-leased facility.
"(iv) Not conduct inherently governmental functions.
"(v) Be trained and certified by the Administration to meet the established guidance and regulations of the Administration.
"(vi) Be subject to the penalties specified in section 799 of title 18.
"(6) Unmanned aircraft; unmanned aircraft system.--The terms `unmanned aircraft' and `unmanned aircraft system' have the meanings given those terms in section 44801 of title 49.".
(b) Clerical Amendment.--The table of contents for chapter 201 of title 51, United States Code, is amended by inserting after the item relating to section 20149 the following new item:
20150. Detecting, identifying, monitoring, and tracking unmanned aircraft systems and unmanned aircraft that threaten certain facilities and assets.
SEC. 601. MAINTENANCE OF BALANCED SCIENCE PORTFOLIO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a balanced and adequately funded set of activities consisting of research and analysis grant programs, technology development, suborbital research activities, and small, medium, and large space missions, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery; and
(2) the Administrator should set science priorities by considering the recommendations and guidance provided by the scientific community through the National Academies of Sciences, Engineering, and Medicine decadal surveys.
(b) Policy Reaffirmation.--Congress reaffirms the policy of the United States set forth in section 501(c) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (51 U.S.C. 20302 note; Public Law 115-10), which states, "It is the policy of the United States to ensure, to the extent practicable, a steady cadence of large, medium, and small science missions.".
SEC. 602. IMPLEMENTATION OF SCIENCE MISSION COST CAPS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA science missions address compelling scientific questions prioritized by the
National Academies of Sciences, Engineering, and Medicine decadal surveys, and often such missions exceed expectations in terms of performance, longevity, and scientific impact;
(2) the Administrator should continue to pursue an ambitious science program while also seeking to avoid excessive cost growth that has the potential to affect the balance across the Science Mission Directorate portfolio and within the science missions of NASA;
(3) audit reports by the Inspector General of NASA and the Government Accountability Office have revealed that--
(A) early cost estimates for missions in the preliminary phases of conception and development are unreliable; and
(B) the cost of a mission typically is not well understood until the project is further along in the development process;
(4) cost growth of a mission beyond its early cost estimates is a challenge for budget planning and has the potential to affect other missions in the Science Mission Directorate portfolio, including through delays to future mission solicitations; and
(5) relying on early cost estimates made prior to preliminary design review for science missions that later experience cost growth may disincentivize program and cost discipline moving forward.
(b) Requirement.--To the extent practicable, the Administrator shall ensure that, unless overwhelmingly necessary to do otherwise, NASA--
(1) minimizes changes to requirements, capabilities, and mission objectives under fixed-price contracts with commercial providers; and
(2) otherwise adheres to the requirements, capabilities, and mission objectives of such contracts.
(c) Report.--
(1) In general.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on NASA practices related to the establishment of and compliance with cost caps of competitively selected, principal investigator-led science missions.
(2) Elements.--The report required by paragraph (1) shall include the following:
(A) An assessment of current cost cap values and a determination as to whether existing cost cap amounts are appropriate for different classes of missions.
(B) Consideration of the effectiveness of cost caps in maintaining a varied and balanced portfolio of mission types within the Science Mission Directorate.
(C) A description of the information relating to project cost estimates and proposal compliance with cost caps that NASA requires for proposal submissions, and an assessment as to whether such information provides sufficient insight or confidence in cost estimates.
(D) Consideration of NASA processes for assessing proposed cost estimates and an evaluation of the accuracy of such assessments for past competitively selected, principal investigator-led science missions.
(E) For the period beginning on January 1, 2000, and ending on the date of the enactment of this Act--
(i) a list of competitively selected, principal investigator-led science missions for which costs have exceeded the associated cost cap, including the reason the mission costs exceeded the cost cap;
(ii) an assessment of NASA's role in predicting, preventing, or managing competitively selected, principal investigator-led science mission cost increases; and
(iii) a description of the impact of increased competitively selected, principal investigator-led science mission costs beyond the cost caps on--
(I) the missions for which the cost cap has been exceeded; and
(II) other missions within the applicable division and within the Science Mission Directorate.
SEC. 603. MODIFICATION OF NATIONAL ACADEMIES DECADAL SURVEYS.
Section 20305 of title 51, United States Code, is amended--
(1) in subsection (a), by striking "The Administrator shall enter into agreements on a periodic basis" and inserting "Not less frequently than every 10 years, the Administrator shall enter into agreements";
(2) in subsection (c), by inserting ", significant changes to the budget of NASA," after "cost growth"; and
(3) by adding at the end the following:
"(d) Mid-decadal Reviews.--
"(1) In general.--Not later than 5 years after the date on which each decadal survey report under this section is issued, the Administrator shall enter into an agreement with the National Academies to conduct a mid-decadal review.
"(2) Elements.--Each review required by paragraph (1) shall assess the following:
"(A) The effectiveness of the manner in which the programs of NASA address the strategies, goals, and priorities outlined in the most recent decadal survey and other relevant National Academies reports.
"(B) The progress made by NASA toward realizing such strategies, goals, and priorities, including consideration of significant scientific discoveries, technical advances, and relevant programmatic changes since the date on which the decadal survey was published.".
SEC. 604.
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REPORT ON LANDSAT MISSION.
(a) Findings.--Congress makes the following findings:
(1) Since 1972, the Landsat mission has served as the definitive data reference network that continuously informs how landscapes and associated natural resources are changing at local, regional, and global scales.
(2) Continuation of the Landsat mission will not only ensure the continuity of the longest space-based record of Earth's land surface but will also fundamentally transform the breadth and depth of actionable data and information through significantly enhanced temporal, spatial, and spectral resolution.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing--
(1) efforts made by the Administrator to comply with section 60134 of title 51, United States Code;
(2) aspects of Landsat observations that could be provided by private sector data buys or service procurements; and
(3) aspects of Landsat observations that could--
(A) meet associated science and technical requirements while maintaining or exceeding the quality, integrity, and continuity of Landsat observational capabilities and performance as of the date of the enactment of this Act, including the requirements necessary to ensure high-quality calibrated data continuity and traceability with the 50-year Landsat data record; and
(B) comply with nondiscriminatory availability of unenhanced data and public archiving of data pursuant to section 60141 and 60142 of title 51, United States Code, and all other relevant Federal laws, regulations, and policies related to open science and data accessibility;
(4) any potential tradeoffs or other impacts of the requirements described in paragraph (3) that could reduce the benefit of Landsat data for scientific and applied uses or reduce the Federal Government's ability to make such data available for the widest possible use; and
(5) recommendations with respect to opportunities for the Federal Government to mitigate potential tradeoffs or impacts identified under paragraph (4) or to otherwise facilitate private sector data buys or service procurements.
SEC. 605. COMMERCIAL SATELLITE DATA.
(a) Findings.--Congress makes the following findings:
(1) Section 60501 of title 51, United States Code, states that the goal for the Earth Science program of NASA shall be to pursue a program of Earth observations, research, and applications activities to better understand the Earth, how it supports life, and how human activities affect its ability to do so in the future.
(2) Section 50115 of title 51, United States Code, states that the Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of NASA, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space-based and airborne commercial Earth remote sensing data, services, distribution, and applications from a commercial provider.
(3) After the completion of the Private-Sector Small Constellation Satellite Data Product Pilot launch in 2017, the Administrator established the Commercial SmallSat Data Acquisition Pilot Program in 2019 to identify, evaluate, validate, and acquire from commercial sources data that support the Earth science research and application goals.
(4) The Administrator has--
(A) determined that the pilot program described in paragraph (3) has been a success, as described in the final evaluation entitled "Commercial SmallSat Data Acquisition Program Pilot Evaluation Report" issued in 2020;
(B) established a formal process for evaluating and onboarding new commercial vendors in such pilot program;
(C) increased the number of commercial vendors and commercial data products available through such pilot program; and
(D) expanded procurement arrangements with commercial vendors to broaden user access to provide Earth remote sensing data and imagery to federally funded researchers.
(b) Commercial Satellite Data Acquisition Program.--
(1) In general.--Chapter 603 of title 51, United States Code, is amended by adding at the end the following:
"Sec. 60307. Commercial Satellite Data Acquisition Program
"(a) In General.--The Administrator shall establish within the Earth Science Division of the Science Mission Directorate a program, to be known as the `Commercial Satellite Data Acquisition Program', to cost-effectively acquire and disseminate commercial Earth observation data and imagery in order to complement the scientific, operational, and educational requirements of the Administration, and where appropriate, of other Federal agencies and scientific researchers.
"(b) Data Publication and Accessibility.--The terms and conditions of commercial Earth remote sensing data and imagery acquisitions under the program described in subsection (a) shall not prevent--
"(1) the publication of commercial data or imagery in academic or scientific articles, papers, or other similar publications for scientific purposes; or
"(2) the publication, in academic or scientific articles, papers, or other similar publications, of information that is derived from, incorporates, or enhances the original commercial data or imagery of a vendor.
"(c) Authorization.--
"(1) In general.--In carrying out the program under this section, the Administrator may--
"(A) procure commercial Earth remote sensing data and imagery from commercial vendors to advance scientific research and applications for the purpose set forth in subsection (a); and
"(B) establish or modify end-use license terms and conditions to allow for the widest possible use of procured commercial Earth remote sensing data and imagery by individuals other than NASA-funded users, consistent with the goals of the program.
"(2) Acquisition from united states vendors.--The commercial Earth remote sensing data and imagery procured under this subsection shall be procured, to the maximum extent practicable, from United States vendors.
"(d) Report.--Not later than 180 days after the date of the enactment of this section, 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 that includes the following:
"(1)(A) In the case of the initial report, a list of all vendors that are providing commercial Earth remote sensing data and imagery to NASA as of the date of the report.
"(B) For each subsequent report, a list of all vendors that have provided commercial Earth remote sensing data and imagery to NASA during the reporting period.
"(2) A description of the end-use license terms and conditions for each such vendor.
"(3) A description of the manner in which each such vendor is advancing scientific research and applications, including priorities recommended by the National Academies of Sciences, Engineering, and Medicine decadal surveys.
"(4) Information specifying whether the Administrator has entered into an agreement with a commercial vendor or a Federal agency that permits the use of data and imagery by Federal Government employees, contractors, or non-Federal users.
"(e) Definition of United States Vendor.--In this section, the term `United States vendor' means a commercial or nonprofit entity incorporated in the United States.".
(2) Clerical amendment.--The table of contents for chapter 603 of title 51, United States Code, is amended by adding at the end the following new item:
"60307. Commercial Satellite Data Acquisition Program.".
SEC. 606. PLANETARY SCIENCE PORTFOLIO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) planetary science missions advance the scientific understanding of the solar system and the place of humans in it while also advancing the design and operation of spacecraft and robotic engineering;
(2) multiple countries, including countries that are partners of the United States and countries that are competitors of the United States, have set forth plans, allocated commensurate budgets, and performed precursor activities to enable ambitious planetary science missions across the solar system during the next decade;
(3) the Discovery, New Frontiers, and Flagship missions allow the Administration to carry out a range of missions that vary in size, cost, and complexity; and
(4) maintaining balance among such missions allows for a broad scope of discoveries and scientific advances.
(b) Mission Priorities Reaffirmation.--Congress reaffirms the direction in section 502(b)(1) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (51 U.S.C. 20301 note; Public Law 115-10) that--
(1) in accordance with the priorities established in the Planetary Science and Astrobiology Decadal Survey 2023-2032 of the National Academies of Sciences, Engineering, and Medicine, the Administrator shall ensure, to the greatest extent practicable, the completion of a balanced set of Discovery, New Frontiers, and Flagship missions at the cadence recommended in such decadal survey; and
(2) consistent with the missions described in paragraph (1), and while maintaining the continuity of scientific data and steady development of capabilities and technologies, the Administrator may seek, if necessary, adjustments to mission priorities, schedule, and scope in light of changing budget projections.
SEC. 607. PLANETARY DEFENSE.
(a) Near-Earth Object Survey and Policy.--Section 808 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18387), is amended in subsection (b) by striking "shall implement, before September 30, 2012," and inserting ", in coordination with the Administrator, shall maintain and regularly update".
(b) Policy on Near-Earth Objects and Responsible Federal Agency.--Section 71103 of title 51, United States Code, is amended to read as follows:
"Sec. 71103. Policy on near-Earth objects and responsible
Federal agency
"The Director of the Office of Science and Technology Policy, in coordination with the Administrator, shall--
"(a) maintain and regularly update a policy for notifying Federal agencies and relevant emergency response institutions of an impending near-Earth object threat, if near-term public safety is at risk; and
"(b) provide recommendations for a Federal agency or agencies to be responsible for--
"(1) protecting the United States from a near-Earth object that is expected to collide with Earth; and
"(2) implementing a deflection campaign, in consultation with international bodies, should one be necessary.".
(c) Planetary Defense Coordination Office.--Chapter 711 of title 51, United States Code, is amended by adding at the end the following:
"Sec. 71105. Planetary Defense Coordination Office
"(a) Office.--The Administrator shall maintain an office within the Planetary Science Division of the Science Mission Directorate, to be known as the `Planetary Defense Coordination Office', as required by section 10825 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 71101 note; Public Law 117-167).
"(b) Responsibilities.--Consistent with section 10825 of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 71101 note; Public Law 117-167), the Planetary Defense Coordination Office under subsection (a) shall--
"(1) plan, develop, and implement a Near-Earth Object Surveyor and associated data modeling and analysis program to survey threats posed by near-Earth objects equal to or greater than 140 meters in diameter, as required by section 321(d)(1) of the National Aeronautics and Space Administration Authorization Act of 2005 (51 U.S.C.
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71101 note prec.; Public Law 109-155);
"(2) identify, track, and characterize potentially hazardous near-Earth objects, issue warnings on the effects of potential impacts of such objects, and investigate strategies and technologies for mitigating the potential impacts of such objects; and
"(3) assist in coordinating Government planning for a response to a potential impact of a near-Earth object.".
(d) Conforming Amendment.--The table of contents for chapter 711 of title 51, United States Code, is amended--
(1) by striking the item relating to section 71103 and inserting the following:
"71103. Policy on near-Earth objects and responsible Federal agency."; and (2) by adding at the end the following:
"71105. Planetary Defense Coordination Office.".
SEC. 608. LUNAR DISCOVERY AND EXPLORATION PROGRAM.
(a) In General.--The Administrator may carry out, within the Science Mission Directorate, a program to accomplish science objectives for the Moon, with an organizational structure that aligns responsibility, authority, and accountability, as recommended in the Planetary Science and Astrobiology Decadal Survey 2023-2032 of the National Academies of Sciences, Engineering, and Medicine.
(b) Objectives and Requirements.--In carrying out the program under subsection (a), the Administrator shall set forth the following:
(1) High-priority lunar science objectives, informed by decadal and other scientific consensus recommendations.
(2) Related requirements for an integrated Artemis science strategy for human and robotic missions to the Moon that--
(A) encourages industry, academia, and international participation; and
(B) considers opportunities for Artemis Accords signatories to participate in the overall lunar science program of the United States.
(c) Instrumentation.--The program under subsection (a) shall assess the need for and facilitate the development of instrumentation to support the scientific exploration of the Moon.
SEC. 609. PLAN FOR PLANETARY AND LUNAR OPERATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) existing NASA lunar and Martian orbital missions, and other long-duration science observatories, are operating well beyond their planned mission lifespans;
(2) NASA relies on such aging infrastructure for observations, communications relay, and other operations to support critical NASA missions; and
(3) the United States plans to increase its activities on and around both the Moon and Mars in coming years.
(b) Plan.--
(1) In general.--The Administrator shall develop a plan to ensure the continuity of operations and sufficient observational and operational capabilities on and around the Moon and Mars necessary to continue to enable a robust science program and human exploration program for the Moon and Mars well into the future.
(2) Element.--The plan required by paragraph (1) shall take into consideration opportunities for the Administration to engage private and international partners in future operations, with consideration given to relevant past performance commensurate with the complexity of each endeavor.
(c) Annual Briefing.--
(1) In general.--Not later than 90 days after the beginning of each fiscal year, the Administrator shall provide the appropriate committees of Congress with a briefing on aging and extended NASA planetary, lunar, and space science programs and missions, including flagship observatories such as the Hubble Space Telescope and the Chandra X-ray Observatory.
(2) Elements.--Each briefing required by paragraph (1) shall address--
(A) each planetary, lunar, or space science program or mission with an anticipated end-of-operational or end-of-useful lifespan during the 2-year period after the date on which the briefing is provided;
(B) each such program or mission that has continued operations beyond its originally approved baseline lifespan; and
(C) a detailed plan for--
(i) decommissioning;
(ii) servicing each such program to extend its lifespan; or
(iii) establishing a new program to continue the objectives of such program or mission.
SEC. 610. RESTRUCTURING OF MARS SAMPLE RETURN PROGRAM.
(a) Termination of Existing Program.--Not later than 30 days after the date of the enactment of this Act, the Administrator shall terminate the Mars Sample Return program in effect on such date of enactment, including all related contracts, task orders, and project structures associated with such program that are in place on such date.
(b) Establishment of New Mars Sample Return Program.--
(1) In general.--The Administrator shall establish within the Science Mission Directorate a new Mars Sample Return program (referred to in this section as the "Program") for the purpose of returning scientifically curated samples from Mars to Earth.
(2) Requirements.--The Program shall--
(A) be limited to a total life-cycle cost not to exceed $8,000,000,000;
(B) use contract structures for the development and delivery of flight systems and associated mission elements that are most likely to lead to the lowest total life-cycle cost;
(C) to the extent practicable, leverage existing flight-proven technologies and heritage systems, such as radar, spectroscopy, power, entry, and descent and landing systems so as to reduce cost, risk, and schedule;
(D) provide for the safe return of samples from Mars to Earth, appropriate screening for purposes of planetary protection, and delivery to the Johnson Space Center, which shall be responsible for the long-term curation, scientific access, and United States ownership of all returned materials; and
(E) allow for the participation of international partners only if such participation--
(i) does not unduly increase the overall cost of, or risk associated with, the program;
(ii) is consistent with the cost limitation under subparagraph (A); and
(iii) preserves United States leadership and custodianship of returned samples.
(3) Management.--
(A) In general.--The Program shall be led and managed by the Science Mission Directorate, in coordination with and with the support of the Exploration Systems Development Mission Directorate to ensure the alignment of the Program with relevant launch, propulsion, and Earth entry technologies.
(B) Plan.--
(i) In general.--Not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a comprehensive management plan for the Program.
(ii) Elements.--The plan required by clause (i) shall include the following:
(I) A statement of program objectives and a description of the manner in which such objectives align with priorities set forth in the National Academies decadal surveys.
(II) A technical and acquisition strategy that includes--
(aa) the intended contracting structure for each major contract or subcontract, and a justification for such structure;
(bb) a schedule of major program milestones; and
(cc) a plan to leverage existing and proven flight systems.
(III) A life-cycle cost estimate and funding profile that is consistent with the cost limitation under paragraph (2)(A).
(IV) An integrated master schedule.
(V) A risk management strategy, including mitigation approaches for international coordination, Earth reentry, and planetary protection.
(VI) A governance structure detailing the roles of relevant NASA directorates and partner institutions.
(VII) A plan for science integration and sample science objectives, including coordination with international scientific communities, as appropriate.
(VIII) A requirement for the provision of a quarterly briefing to the appropriate committees of Congress on program status.
(c) Preservation of Mars Telecommunications Orbiter Program.--
(1) In general.--The Administrator shall ensure that the development of the Mars Telecommunications Orbiter remains independent from the restructuring and implementation of the Mars Sample Return program.
(2) Rule of construction.--Nothing in this section may be construed to modify, delay, or otherwise affect the planning, funding, development, or schedule of the Mars Telecommunications Orbiter program.
SEC. 611. HELIOPHYSICS RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA heliophysics research advances the scientific understanding of the Sun, the impact of the Sun on the Earth and near-Earth environment, and the interactions of the Sun with other bodies in the solar system, the interplanetary medium, and the interstellar medium;
(2) fundamental science supported by the Heliophysics Division is critical to improving the forecasting capabilities of space weather observations, which contribute to--
(A) fortifying national security and other critically important space-based and ground-based assets;
(B) improving the resilience of the energy infrastructure of the United States; and
(C) protecting human health in space; and
(3) the Heliophysics Division should continue to maximize the scientific return on investment of its portfolio through maintaining a balanced portfolio that includes research and analysis, including multidisciplinary research initiatives, technology development, space-based missions, and suborbital flight projects that include both directed and strategic missions and principal investigator-led, competitively solicited missions, informed by the science priorities and guidance of the most recent National Academies decadal survey in solar and space physics.
(b) Program Management.--The Administrator shall seek--
(1) to maintain a regular Explorer Announcement of Opportunity cadence and to alternate between small and mid-sized missions; and
(2) to enable a regular selection of Missions of Opportunity.
SEC. 612. REPORT ON GEOSPACE DYNAMICS CONSTELLATION MISSION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Geospace Dynamics Constellation mission may enable scientific discoveries that will transform the understanding of the processes that govern the dynamics of the upper atmospheric envelope of the Earth, which surrounds and protects the planet;
(2) seeking commercial partnerships to provide the technology to understand the phenomena and use the scientific knowledge gained by such mission may assist in identifying solutions that may benefit United States industry and the people of the United States; and
(3) the scientific return of the Geospace Dynamics Constellation will be enhanced by simultaneous observations from the satellites that comprise the Dynamical Neutral Atmosphere-Ionosphere Coupling mission.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the schedule and budget to launch the Geospace Dynamics Constellation mission by 2030 in order to fulfill the recommendations of the National Academies heliophysics decadal survey.
SEC. 613. SENSE OF CONGRESS ON NANCY GRACE ROMAN SPACE
TELESCOPE.
It is the sense of Congress that--
(1) the Nancy Grace Roman Space Telescope team has done an exemplary job in executing its mission within cost and schedule parameters; and
(2) the Administrator shall continue development of the Nancy Grace Roman Space Telescope under section 10823(b) of the National Aeronautics and Space Administration Authorization Act of 2022 (Public Law 117-167; 136 Stat. 1742).
SEC. 614.
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PLAN FOR APOPHIS SCIENCE MISSION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the close approach of the asteroid Apophis in April 2029 will present an opportunity to acquire unique scientific and technical data; and
(2) acquiring data about Apophis is critical to improving the planetary defense capabilities of the United States.
(b) Plan.--Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a plan for gathering science data from the asteroid Apophis, including--
(1) efforts to collaborate, coordinate, or otherwise support efforts by Federal, industry, and international partners that are or will be studying Apophis; and
(2) a strategy to use infrastructure already in space to carry out rendezvous missions with Apophis.
SEC. 615. PLAN TO LAUNCH VOLATILES INVESTIGATING POLAR
EXPLORATION ROVER.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Volatiles Investigating Polar Exploration Rover mission was designed to map the distribution and concentration of water ice and other lunar volatiles at the south pole of the Moon to help determine the manner in which lunar resources may be used for future human space exploration;
(2) the People's Republic of China plans to launch its Chang'e 7 mission in 2026, which is also designed to map resources at the south pole of the Moon; and
(3) collection of lunar volatile data at the south pole of the Moon is essential for continued United States leadership in cislunar space.
(b) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a plan for launching the Volatiles Investigating Polar Exploration Rover not later than December 31, 2027.
SEC. 616. DEDICATED SCIENCE RIDESHARE PILOT PROGRAM.
(a) Establishment.--The Administrator shall establish a rideshare pilot program to purchase dedicated launch or reentry services for the transport of multiple NASA instruments and other science and technology instruments funded by other Federal agencies.
(b) Announcement of Opportunity.--As part of the pilot program required by subsection (a), the Administrator shall--
(1) regularly fund the development of payloads for scientific research and technology development; and
(2) provide flight opportunities for such payloads to orbital environments on dedicated rideshare missions.
SEC. 617. CONTINUATION OF CHANDRA X-RAY OBSERVATORY.
The Administrator, to the extent practicable, shall not take any action to reduce or otherwise preclude the continuation of the science operations of the Chandra X-ray Telescope before the completion and consideration of the next triennial review of mission extensions for the Astrophysics Division conducted pursuant to section 30504 of title 51, United States Code.
SEC. 618. GREAT OBSERVATORIES MISSION AND TECHNOLOGY
MATURATION PROJECT.
(a) Establishment.--The Administrator may establish a Great Observatories Mission and Technology Maturation project (referred to in this section as a "Project") to mature the large-scale space-based mission concepts and technologies needed for a future astrophysics mission, which shall be based on the recommendations of the most recent decadal survey of the National Academies of Sciences, Engineering, and Medicine relating to astronomy and astrophysics.
(b) Purpose.--The purpose of a Project shall be to inform the design and development of future large-scale space-based astrophysics missions, including the Habitable Worlds Observatory.
(c) Activities.--The following activities may be carried out under a Project:
(1) An assessment of the appropriate scope for a future large-scale space-based astrophysics mission.
(2) A determination of the range of capabilities and technology readiness of such capabilities needed for such a mission.
(3) The provision of information for the development and maturation of science and technologies needed for such a mission.
(4) Any other activity the Administrator considers appropriate.
(d) Costs.--The Administrator shall conduct an independent life-cycle cost estimate for a large-scale space-based astrophysics mission.
(e) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report on the status of any Project established under subsection (a).
SEC. 619. FLIGHT OPPORTUNITIES.
(a) Findings.--Congress finds that low-cost suborbital flight opportunities provide key access to high altitude and microgravity environments for Government employees, students, university and institute researchers, and commercial organizations.
(b) Continuing Authorization.--As part of the Flight Opportunities Program that includes opportunities for access to orbit, the Administrator may continue providing flight opportunities to microgravity environments and suborbital altitudes under section 907 of the National Aeronautics and Space Administration Act of 2010 (42 U.S.C. 18405).
(c) Briefing.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on progress in carrying out the suborbital flight opportunity activities under this section.
SEC. 620. ANNUAL REPORT ON HUBBLE SPACE TELESCOPE AND THE
JAMES WEBB SPACE TELESCOPE.
(a) In General.--The Administrator, to the greatest extent practicable, shall not take any action to reduce or otherwise preclude the continuation of the science operations of the Hubble Space Telescope or the James Webb Space Telescope before the completion and consideration of the next triennial review of mission extensions for the Astrophysics Division conducted pursuant to section 30504 of title 51, United States Code.
(b) Report.--Not less frequently than annually, the Administrator shall submit to the appropriate committees of Congress a report on--
(1) the operational status of the Hubble Space Telescope and the James Webb Space Telescope;
(2) any plan or assessment regarding repairs, servicing missions, or upgrades of such telescopes; and
(3) any donation received for the operation of such telescopes and intended use of the donation.
SEC. 621. SENSE OF CONGRESS ON EARTH SCIENCE DATA.
It is the sense of Congress that--
(1) NASA research on instrumentation for the observation of the Earth improves sensors and analysis techniques that drive advances in weather forecasting;
(2) such advances in Earth science data and computing systems are vitally important for measuring the intensity and extent of natural disasters;
(3) the use of such data and systems additionally supports sustainable management of natural resources;
(4) NASA should maintain its strategic objective to understand the Earth system and its climate;
(5) advancements in Earth science research, including remote sensing, modeling, and data analytics, directly contribute to the success of human exploration missions in low-Earth orbit and deep space by improving understanding of radiation environments, atmospheric dynamics, life-support systems, and planetary surface conditions;
(6) the technologies and scientific methods developed for Earth observation, such as high-resolution imaging, data compression, and autonomous environmental monitoring, enhance the design, safety, and operational performance of spacecraft and habitats used in human exploration; and
(7) investments in Earth science research and applications produce measurable benefits to the United States economy by--
(A) supporting sectors such as agriculture, energy, insurance, transportation, and infrastructure planning;
(B) fostering innovation; and
(C) maintaining United States leadership in the global commercial remote sensing and environmental data markets.
SEC. 622. SUPPORT FOR ASTROPHYSICAL OBSERVATORIES AND
NATIONAL HIGH-ENERGY ASTROPHYSICS HUBS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should maintain its global leadership in high-energy astrophysics;
(2) in order to maintain such leadership, the United States should support X-ray flagship missions based on the recommendations of the most recent and future decadal Surveys in Astronomy and Astrophysics issued by the National Academies of Sciences, Engineering, and Medicine;
(3) the workforce associated with high-energy astrophysics constitutes a national strategic asset that will be critical to the development and eventual operation of any such flagship mission; and
(4) proactive steps should be taken to ensure that the capabilities of current high-energy astrophysics facilities continue to serve the scientific, educational, and commercial interests of the United States long beyond the duration of the current high-energy astrophysics flagship mission.
(b) Designation.--
(1) In general.--The Administrator shall designate as a national high-energy astrophysics hub each eligible facility described in paragraph (2).
(2) Eligible facility described.--An eligible facility described in this paragraph is an entity that--
(A)(i) is party to a contract with NASA; and
(ii) plans and operates missions that conduct activities for purposes of--
(I) ensuring continued United States leadership in high-energy astrophysics and related space sciences;
(II) supporting training and workforce development in data-intensive high-energy astrophysics, aerospace engineering, and spacecraft operations;
(III) advancing United States capabilities in high-performance scientific software, spaceflight operations, and technology transfer;
(IV) enabling future high-energy astrophysics missions through mission design, planning, and scientific coordination; or
(V) serving as a collaborative national resource for academic, governmental, and commercial partners; and
(B)(i) is an institution of higher education;
(ii) is an appropriate State or Federal entity, including a federally funded research and development center; or
(iii) is a nongovernmental organization with expertise in advanced energy technology research, development, demonstration, or commercial application.
SEC. 623.
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STUDIES ON MARS-FOCUSED MISSIONS USING COMMERCIAL
HEAVY-LIFT SYSTEMS.
(a) In General.--Not later than 120 days after the date of the enactment of this Act, the Administrator shall complete studies on the feasibility, cost, schedule, and mission design concepts for Mars-focused missions using commercially developed heavy-lift launch systems with fully reusable architectures, including the studies described in subsection (b).
(b) Studies Described.--The studies described in this subsection are as follows:
(1) Human tissue exposure mission.--
(A) In general.--A study to assess the feasibility, cost, and potential scientific value of a mission to transport and deploy human tissue samples to the surface of Mars for the purpose of studying biological and environmental effects on human tissue in the Martian environment in preparation for future human missions to Mars under the Artemis program.
(B) Elements.--The study shall evaluate the following:
(i) Methods for safe transport, preservation, and controlled exposure of human tissue samples.
(ii) The technical and operational requirements for landing, deployment, and sample monitoring.
(iii) Opportunities to leverage commercial heavy-lift launch capabilities developed through NASA's public-private partnerships.
(iv) The manner in which a commercial heavy-lift vehicle may--
(I) address the need for expediency in delivering sensitive biological payloads to the surface of Mars; and
(II) enable data collection on vehicle performance and reliability for future human-rated Mars missions.
(v) The schedule for such a mission.
(2) Space weather and physical and life sciences for long-duration exploration missions.--
(A) In general.--A study to assess the feasibility, cost, and potential integration of--
(i) use of a commercially developed heavy-lift launch system to support space weather measurements for advanced solar storm warnings; and
(ii) physical and life science missions that advance understanding of topics, such as flammability and space crop science, that would enable eventual human Mars missions.
(B) Elements.--The study shall evaluate the following:
(i) Mission architecture, vehicle performance, and integration requirements.
(ii) Opportunities to reduce cost and schedule risk through commercial launch systems.
(iii) Compatibility with NASA's science and exploration objectives for Mars.
(iv) The benefits of employing a heavy-lift launch vehicle capable of supporting future human exploration of Mars to expedite the delivery of scientific instruments and collect data on system performance in deep space conditions.
(v) The schedule for such a mission.
(c) Mars-focused Missions.--Subject to the findings of the studies conducted under subsection (a) and the availability of appropriations, the Administrator may fund 1 or more missions described in subsection (b).
(d) Briefing.--Not later than 30 days after the date on which the studies described in subsection (b) are completed, the Administrator shall provide the appropriate committees of Congress with a briefing on the findings of the studies and recommendations of the Administrator based on such findings.
SEC. 701. NASA ADVISORY COUNCIL.
(a) Balanced Membership.--In making appointments to the NASA Advisory Council (referred to in this subsection as the "Council"), the Administrator shall ensure, to the maximum extent practicable and consistent with the Federal Advisory Committee Act (5 U.S.C. App.), that the Council reflects a balance of viewpoints and expertise and an equal distribution of members from each of the following categories:
(1) Individuals representing the commercial space industry.
(2) Individuals representing traditional aerospace and spaceflight contractors.
(3) Individuals from institutions of higher education or the academic community with expertise relevant to the mission of the Administration.
(4) Former officials or employees of Federal, State, or local government with relevant experience in space policy, space operations, or related fields.
(5) Individuals representing nonprofit organizations with expertise relevant to the mission of the Administration.
(b) Limitation on Organizational Representation.--Not more than 1 member of the Council may represent the same company, institution, or organization at any given time.
(c) Chair Eligibility.--The Chair of the Council--
(1) shall be appointed from among the members of the Council; and
(2) may not be an individual who, during the period of service as Chair--
(A) is serving as an officer, employee, or agent of a private entity that holds a contract, grant, cooperative agreement, or other funding agreement with the Administration;
(B) is actively representing or providing support to a private entity that holds a contract, grant, cooperative agreement, or other funding agreement with the Administration; or
(C) is actively representing or providing support to an entity seeking to obtain a contract, grant, cooperative agreement, or other funding agreement with the Administration.
(d) Rule of Construction.--Nothing in this subsection shall be construed to prohibit an individual from serving as Chair solely on the basis of prior employment with, or prior representation of, an entity described in subsection (c)(2) if the individual is not engaged in any activity described in that paragraph during the period of service as Chair.
(e) Submission of Reports to Congress.--The Administrator shall submit to the appropriate committees of Congress any report, recommendation, finding, or other formal written product issued by the Council not later than 30 days after the date on which such report, recommendation, finding, or written product is provided to the Administrator.
SEC. 702. ASSESSMENT OF EARLY COST ESTIMATES.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a review of the development, application, and assessment of early cost estimates made prior to preliminary design review for NASA missions.
(b) Elements.--The review required by subsection (a) shall include--
(1) an assessment of NASA processes related to the formation and evaluation of proposed and early-stage cost estimates;
(2) an evaluation of NASA's monitoring and management of cost estimates throughout mission development, in accordance with section 10861(b)(4) of the National Aeronautics and Space Administration Authorization Act of 2022 (51 U.S.C. 20113 note; Public Law 117-167); and
(3) any recommendations the Comptroller General considers appropriate.
SEC. 703. ROLE OF NASA IN COMMERCIAL SPACE ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA and the commercial space sector complement each other in maintaining the leadership role of the United States in outer space activities;
(2) as more outer space activities are conducted by private industry, it is vital to define the appropriate role of NASA; and
(3) the expertise and experience of NASA in human spaceflight is especially important as commercial human spaceflight activities extend into Earth's orbit, to the lunar surface, and beyond.
(b) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on--
(1) the current activities of NASA, including the detail of any NASA personnel, to assist the Secretary of Commerce, the Secretary of Transportation, the Federal Communications Commission, or the head of any other relevant Federal agency with the regulation of the United States commercial space enterprise;
(2) a general breakdown of the types of NASA expertise, including scientific, technical, and engineering expertise, most used in support of other Federal agencies; and
(3) expected future growth in the workload of NASA as it relates to the support described in paragraph (1).
SEC. 704.
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RELATIONSHIPS WITH THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Except as provided in subsection (b), no funds authorized to be appropriated by this division may be obligated or expended--
(1) for NASA, the Office of Science and Technology Policy, or the National Space Council to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with the People's Republic of China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of the enactment of this Act; or
(2) to effectuate the hosting of official Chinese visitors at facilities belonging to or used by NASA.
(b) Certification.--
(1) In general.--The limitations under subsection (a) shall not apply to activities with respect to which NASA, the Office of Science and Technology Policy, or the National Space Council, after consultation with the Federal Bureau of Investigation, has certified that such activities--
(A) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to the People's Republic of China or a Chinese-owned company; and
(B) will not involve knowing interaction with officials who have been determined by the United States to have direct involvement with violations of human rights.
(2) Submission.--
(A) In general.--Any certification made under subsection (b) shall be submitted to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives, not later than 30 days before the activity concerned is intended to be carried out.
(B) Elements.--Any such certification shall include, with respect to such activity, the following:
(i) A description of the purpose and agenda.
(ii) An identification of major participants.
(iii) The location and timing.
(c) Consideration of Chinese Influence in Contracting and Grants.--In considering any response to a solicitation, request for proposal, broad agency announcement, contract, contract modification, grant, cooperative agreement, or any other binding agreement with a commercial or noncommercial entity, the Administrator, in consultation with relevant Federal departments and agencies, shall require disclosure as to whether the entity, or any affiliate of such entity, has received loans, equity investments, or other financial assistance from--
(1) any governmental organization of the People's Republic of China;
(2) any entity owned or controlled by, or affiliated with, such governmental organizations; or
(3) any entity organized under, or subject to, the laws of the People's Republic of China.
(d) Mandatory Background Checks.--
(1) Requirement.--The Administrator, or a designee of the Administrator, shall implement a security vetting and background check process for all entities awarded NASA funding, including--
(A) current and prospective first- and second-tier contractors; and
(B) current and prospective grantees and other partners that have agreements with the Administration.
(2) Elements.--Each background check conducted under paragraph (1) shall assess--
(A) any direct or indirect financial ties between the entity and the Government of the People's Republic of China, or any affiliated organization described in subsection (c)(1);
(B) shared ownership or control between the entity and any organization organized under, or subject to, the laws of the People's Republic of China;
(C) any past or present involvement by the entity in technology transfer activities or cooperative research agreements with governmental entities or state-owned enterprises of the People's Republic of China; and
(D) whether any individual serving in an executive, board, or advisory capacity for the entity has known affiliations with the Government of the People's Republic of China, the Chinese Communist Party, or the Chinese military.
(e) Review of Existing Contracts, Grants, and Agreements by the Comptroller General.--
(1) In general.--The Comptroller General of the United States shall conduct a comprehensive review of existing contracts, grants, and agreements of NASA to assess potential risks related to the unauthorized transfer of intellectual property or sensitive technologies to the People's Republic of China.
(2) Elements.--The review conducted under paragraph (1) shall include an assessment of--
(A) whether any contractor, grantee, partner, or other recipient of NASA funding has received assistance or investment from the Government of the People's Republic of China or affiliated entities;
(B) whether any Chinese-affiliated actors may be leveraging shared ownership or control of contractors to gain access to United States space technology;
(C) the adequacy of safeguards and internal controls to protect mission-critical and dual-use technologies; and
(D) whether supply chains include components, software, or services originating from entities owned or controlled by the Government of the People's Republic of China.
(3) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Administrator and the appropriate committees of Congress--
(A) a report on the findings of the review conducted under this subsection; and
(B) recommendations for mitigating potential risks associated with future contracting and partnership agreements.
(f) Agency Implementation Plan.--Not later than 180 days after the date on which the report required under subsection (e)(3) is submitted, the Administrator shall--
(1) develop a comprehensive risk mitigation and compliance plan based on the recommendations provided by the Comptroller General;
(2) submit such plan to the appropriate committees of Congress; and
(3) begin implementing enhanced security protocols for contracts, grants, and agreements, consistent with the findings of the review and the risk mitigation plan.
SEC. 705. FINDINGS RELATING TO CONTRACT FLEXIBILITY.
Congress finds that NASA Federal Acquisition Regulation Supplement (NFS) 1852.242-72 entitled "Denied Access to NASA Facilities" instructs that, for the period during which NASA facilities were not accessible to contractor employees, the contracting officer may adjust the contract performance or delivery schedule, forgo the work, reschedule the work, or consider requests for equitable adjustment to the contract.
SEC. 706. GAO REPORT.
Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on fire and emergency services at NASA launch and reentry facilities that assesses the following:
(1) Current capabilities and projected demand for NASA-provided fire and emergency services.
(2) The manner in which demand for NASA-provided fire and emergency services has been impacted by the following:
(A) An increased rate of launch and reentry operations.
(B) An increased number of leases with commercial launch and reentry service providers for use of NASA property.
(3) Current fire and emergency services provided by commercial providers to support launch and reentry operations that are conducted--
(A) to fulfill a contractual obligation with NASA; or
(B) for non-NASA purposes using NASA-leased property.
(4) Whether NASA-provided and commercially provided fire and emergency services are able to meet current and projected demand and support all fire response areas on NASA property.
SEC. 707. PUBLIC-PRIVATE TALENT PROGRAM.
Section 20113 of title 51, United States Code, is amended by adding at the end the following new subsection:
"(o) Public-private Talent Program.--
"(1) Assignment authority.--Under policies and procedures prescribed by the Administrator, the Administrator may, with the agreement of a private sector entity and the consent of an employee of the Administration or of such entity, arrange for the temporary assignment of such employee of the Administration to such private sector entity, or of such employee of such entity to the Administration, as the case may be.
"(2) Agreements.--
"(A) In general.--The Administrator shall provide for a written agreement among the Administration, the private sector entity, and the employee concerned regarding the terms and conditions of the employee's assignment under this subsection.
"(B) Elements.--An agreement under subparagraph (A) shall--
"(i) require that the employee of the Administration, upon completion of the assignment, serve in the Administration, or elsewhere in the civil service if approved by the Administrator, for a period equal to twice the length of the assignment;
"(ii) provide that if the employee of the Administration or of the private sector entity (as the case may be) fails to carry out the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment, unless such failure was for good and sufficient reason, as determined by the Administrator; and
"(iii) contain language prohibiting such employee of the Administration or of the private sector entity (as the case may be) from improperly using pre-decisional or draft deliberative information that such employee may be privy to or aware of related to Administration programing, budgeting, resourcing, acquisition, or procurement for the benefit or advantage of the private sector entity.
"(C) Treatment.--An amount for which an employee is liable under subparagraph (B)(ii) shall be treated as a debt due the United States.
"(D) Waiver.--The Administrator may waive, in whole or in part, collection of a debt described in subparagraph (C) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee concerned.
"(3) Termination.--An assignment under this subsection may, at any time and for any reason, be terminated by the Administration or the private-sector entity concerned, as the case may be.
"(4) Duration.--
"(A) In general.--An assignment under this subsection shall be for a period of not less than 90 days and not more than 2 years, renewable up to a total of 3 years.
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An employee of the Administration may not be assigned under this subsection for more than a total of 3 years inclusive of all such assignments.
"(B) Extension.--An assignment under this subsection may be for a period in excess of 2 years, but not more than 3 years, if the Administrator determines that such assignment is necessary to meet critical mission or program requirements.
"(5) Policies and procedures.--
"(A) In general.--The Administrator shall establish policies and procedures relating to assignments under this subsection.
"(B) Elements.--Policies and procedures established pursuant to subparagraph (A) shall address the following:
"(i) The nature and elements of written agreements with participants in assignments under this subsection.
"(ii) Criteria for making such assignments, including the needs of the Administration relating to such assignments.
"(iii) The manner in which the Administration will oversee such assignments, in particular with respect to paragraphs (2)(B)(iii), (7)(C), and (7)(D).
"(iv) Criteria for issuing waivers.
"(v) The manner in which expenses under paragraph (2)(B)(ii) would be determined.
"(vi) Guidance for participants in such assignments.
"(vii) Mission Directorate, Office, and organizational structure to implement and manage such assignments.
"(viii) Any other necessary policies, procedures, or guidelines to ensure that such assignments comply with all relevant statutory authorities and ethics rules, and effectively contribute to 1 or more of the Administration's missions.
"(C) Inherently governmental activities.--An employee of a private sector entity assigned to the Administration under this subsection shall not have responsibilities or perform duties or decision making regarding Administration activities that are inherently governmental, pursuant to section 7.500 of title 48, Code of Federal Regulations, and Office of Management and Budget review.
"(6) Status of federal employees assigned to private sector entities.--
"(A) In general.--An employee of the Administration who is assigned to a private sector entity under this subsection shall be considered, during the period of such assignment, to be on detail to a regular work assignment in the Administration for all purposes. The written agreement established under paragraph (2)(A) shall address the specific terms and conditions related to such employee's continued status as a Federal employee.
"(B) Certification.--In establishing a temporary assignment of an employee of the Administration to a private sector entity, the Administrator shall certify that such temporary assignment shall not have an adverse or negative impact on the mission of
the Administration or organizational capabilities associated with such assignment.
"(7) Terms and conditions for private sector employees.--An employee of a private sector entity who is assigned to the Administration under this subsection--
"(A) shall continue to receive pay and benefits from the private sector entity from which such employee is assigned and shall not receive pay or benefits from the Administration, except as provided in subparagraph (B);
"(B) is deemed to be an employee of the Administration for the purposes of--
"(i) chapters 73 and 81 of title 5;
"(ii) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, except that such section 209 does not apply to any salary, or contribution or supplementation of salary made pursuant to subparagraph (A) of this paragraph;
"(iii) sections 1343, 1344, and 1349(b) of title 31;
"(iv) chapter 171 of title 28 (commonly known as the `Federal Tort Claims Act') and any other Federal tort liability statute;
"(v) the Ethics in Government Act of 1978 (Public Law 95-521) ; and
"(vi) chapter 21 of title 41;
"(C) shall not have access to any trade secrets or any other nonpublic information which is of commercial value to the private sector entity from which such employee is assigned;
"(D) may not perform work that is considered inherently governmental in nature, in accordance with paragraph (5)(C); and
"(E) may not be used to circumvent--
"(i) section 1710 of title 41, United States Code; or
"(ii) any limitation or restriction on the size of the Administration's civil servant workforce.
"(8) Additional requirements.--The Administrator shall ensure that--
"(A) the normal duties and functions of an employee of the Administration who is assigned to a private sector entity under this subsection can be reasonably performed by other employees of the Administration without the permanent transfer or reassignment of other personnel of the Administration;
"(B) normal duties and functions of such other employees of the Administration are not, as a result of and during the course of such temporary assignment, performed or augmented by contractor personnel in violation of section 1710 of title 41; and
"(C) not more than 2 percent of the Administration's civil servant workforce participates in an assignment under this subsection at the same time.
"(9) Conflicts of interest.--The Administrator shall implement a system to identify, mitigate, and manage any conflicts of interest that may arise as a result of an employee's assignment under this subsection.
"(10) Prohibition against charging certain costs to the federal government.--A private sector entity may not charge the Administration or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the cost of pay or benefits paid by the entity to an employee assigned to the Administration under this subsection for the period of the assignment concerned.
"(11) Considerations.--In carrying out this subsection, the Administrator shall take into consideration--
"(A) the question of the manner in which assignments under this subsection might best be used to help meet the needs of the Administration with respect to the training of employees; and
"(B) as applicable, areas of particular private sector expertise, such as cybersecurity.
"(12) NASA reporting.--
"(A) In general.--Not later than April 30 each year, 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 summarizing the implementation of this subsection.
"(B) Elements.--Each report required by subparagraph (A) shall include, with respect to the annual period to which such report relates, the following:
"(i) Information relating to the total number of employees of private sector entities assigned to the Administration and the total number of employees of the Administration assigned to private sector entities.
"(ii) A brief description and assessment of the talent management benefits evidenced from such assignments and any identified strategic human capital and operational challenges, including the following:
"(I) An identification of the names of the private sector entities to and from which employees were assigned.
"(II) A complete listing of positions to and from which such employees were assigned.
"(III) An identification of assigned roles and objectives of such assignments.
"(IV) Information relating to the duration of such assignments.
"(V) Information relating to associated pay grades and levels.
"(iii) An assessment of impacts of such assignments on the Administration workforce and workforce culture.
"(iv) An identification of the number of Administration staff and budgetary resources required to implement this subsection.
"(13) Federal ethics.--Nothing in this subsection shall affect existing Federal ethics rules applicable to Federal personnel.
"(14) GAO reporting.--
"(A) In general.--Not later than 3 years after the date of the enactment of this subsection, the Comptroller General of the United States 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 summarizing the implementation of this subsection.
"(B) Elements.--The report required by subparagraph (A) shall include the following:
"(i) A review of the implementation of this subsection, according to law and the Administration policies and procedures established for assignments under this subsection.
"(ii) Information relating to the extent to which such assignments adhere to best practices relating to public-private talent exchange programs.
"(iii) A determination as to whether there should be limitations on the number of individuals participating in such assignments.
"(iv) Information relating to the extent to which the Administration complies with statutory requirements and ethics rules, and appropriately handles potential conflicts of interest and access to nonpublic information with respect to such assignments.
"(v) Information relating to the extent to which such assignments effectively contribute to 1 or more of the Administration's missions.
"(vi) Information relating to Administration resources, including employee time, dedicated to administering such assignments, and whether such resources are sufficient for such administration.".
SEC. 708. MENTORING.
(a) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide the appropriate committees of Congress with a briefing on existing NASA-wide mentoring programs that are focused in whole or in part on ensuring a robust pipeline for NASA's civil servant workforce, for early-career, mid-level, and senior-level employees at all NASA centers and at NASA headquarters.
(b) Considerations.--As part of the briefing required by subsection (a), the Administrator may consider the merits of consolidating existing, disparate programs into a single unified employee development program.
SEC. 709. PASSENGER CARRIER USE FOR ASTRONAUT TRANSPORTATION.
(a) In General.--Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following:
"Sec. 20150.
Text printed in the Record (11,933 characters)
Passenger carrier use for astronaut
transportation
"(a) Definitions.--In this section:
"(1) Government astronaut; international partner astronaut; space flight participant; space support vehicle.--The terms `government astronaut', `international partner astronaut', `space flight participant', and `space support vehicle' have the meanings given such terms in section 50902.
"(2) Mission.--The term `mission' means an assignment to a space support vehicle of 1 or more--
"(A) government astronauts in the course of their employment; or
"(B) space flight participants.
"(3) Official purpose.--With respect to transportation, the term `official purpose' means transportation necessary for post-mission activities, including medical research, monitoring, diagnosis, and treatment of a government astronaut or space flight participant before receiving post-mission medical clearance to operate a motor vehicle.
"(4) Passenger carrier.--The term `passenger carrier' means a passenger motor vehicle, aircraft, boat, vessel, or other similar means of transportation that is owned or leased by the United States Government.
"(b) Authority.--
"(1) In general.--The Administrator may authorize the use of a passenger carrier to transport a government astronaut or space flight participant between the residence of the individual and various locations if--
"(A) such transportation is provided for an official purpose; and
"(B) the Chief of the Astronaut Office has approved, in writing, post-mission transportation of government astronauts and space flight participants under this section.
"(2) Maintenance, operation, and repair.--The Administrator may maintain, operate, and repair 1 or more passenger carriers for the purpose of providing transportation pursuant to the authority provided in paragraph (1).
"(c) Reimbursement.--Transportation under subsection (b)(1) of an international partner astronaut or a space flight participant who is not an employee of the United States Government shall be subject to reimbursement to the Treasury of the United States.
"(d) Regulations.--The Administrator shall promulgate such regulations as are necessary to carry out this section.
"(e) Applicability of Section 1344 of Title 31.--In carrying out subsection (b), the Administrator may expend funds available to the Administration, by appropriation or otherwise, notwithstanding section 1344(a) of title 31.".
(b) Clerical Amendment.--The table of contents for chapter 201 of title 51, United States Code, is amended by inserting after the item relating to section 20149 the following:
"20150. Passenger carrier use for astronaut transportation.".
SEC. 710. PHYSICAL SECURITY MODERNIZATION.
(a) Modification of Permission To Carry Firearms.--Section 20133(2) of title 51, United States Code, is amended by striking "of property owned" and all that follows through "to the United States," and inserting "of personnel and of property owned or leased by, or under the control of, the United States".
(b) Modification of Arrest Authority.--Section 20134 of title 51, United States Code, is amended--
(1) by striking "protecting property" and inserting "protecting personnel, or property"; and
(2) by striking ", at facilities owned by or contracted by the Administration".
SEC. 711. NASA AGREEMENTS WITH PRIVATE AND COMMERCIAL
ENTITIES AND STATE GOVERNMENTS TO PROVIDE
CERTAIN SUPPLIES, SUPPORT, AND SERVICES.
(a) In General.--Section 20113 of title 51, United States Code, as amended by this Act, is further amended by adding at the end the following:
"(p) Agreements With Commercial Entities and State Governments.--The Administrator--
"(1) may enter into an agreement with a private or commercial entity or a State government to provide the entity or State government with supplies, support, and services related to private, commercial, or State government space activities carried out at a property owned or operated by the Administration; and
"(2) on request by such an entity or State government, may include such supplies, support, and services in the requirements of the Administration if--
"(A) the Administrator determines that the inclusion of such supplies, support, or services in such requirements--
"(i) is in the best interests of the United States;
"(ii) does not interfere with the requirements of the Administration; and
"(iii) does not compete with the commercial space activities of other such entities or State governments; and
"(B) the Administration has full reimbursable funding from the entity or State government requesting such supplies, support, and services before making any obligation for the delivery of the supplies, support, or services under an Administration procurement contract or any other agreement.".
SEC. 712. AEROSPACE INFRASTRUCTURE MODERNIZATION.
(a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall develop and submit to the appropriate committees of Congress a comprehensive proposal for the establishment and implementation of an Infrastructure Capital Fund for NASA (referred to in this section as the "Fund").
(b) Elements.--The proposal required by subsection (a) shall include, at a minimum, the following:
(1) A detailed description of the purposes and objectives of the Fund, including the manner in which the Fund would support the modernization, recapitalization, maintenance, and sustainment of NASA infrastructure and facilities.
(2) The proposed structure and governance of the Fund, including criteria for project eligibility and prioritization.
(3) The mechanisms for capitalization of the Fund, including potential sources of appropriations, reprogramming authority, cost savings, enhanced use leasing receipts, or other authorized funding mechanisms.
(4) A description of the manner in which projects financed through the Fund would be evaluated, selected, and overseen, including applicable reporting and auditing requirements.
(5) A plan for ensuring transparency, accountability, and measurable outcomes associated with expenditures from the Fund.
(6) An assessment of statutory authorities required to establish and operate the Fund, including any recommended legislative changes.
(7) A spend plan and notional 5-year projection of anticipated projects and funding levels.
(8) An analysis of the manner in which the Fund would improve life-cycle cost management, reduce deferred maintenance, and enhance mission assurance.
(9) A description of the policies and procedures that would govern unobligated balances in the Fund.
(10) A comprehensive inventory of all infrastructure projects included in NASA's deferred maintenance and construction backlog as of the date of the enactment of this Act, including--
(A) a description of each project;
(B) the location of each project;
(C) the estimated total life-cycle cost of each project;
(D) the estimated cost to complete each project; and
(E) the prioritization status assigned by NASA.
(c) Consultation.--In developing the proposal under subsection (a), the Administrator shall consult with the Office of Management and Budget and the head of any other relevant Federal agency, as appropriate.
SEC. 713. ENHANCED USE LEASES.
(a) In General.--Section 20145 of title 51, United States Code, is amended--
(1) in subsection (b)(1)(B), by inserting "or expanding the rocket propulsion test infrastructure capacity of the United States" after "facilities"; and
(2) in subsection (h), in the first sentence, by striking "December 31, 2032" and inserting "December 31, 2035".
(b) Report.--Not later than 180 days after the date of the enactment of this Act, and consistent with section 20145 of title 51, United States Code, the Administrator shall submit to the appropriate committees of Congress a report that--
(1) indicates the total number of lease agreements entered into under that section since the date of the enactment of that section;
(2) identifies the NASA centers and facilities (and the respective locations of such centers and facilities) that have entered into such agreements; and
(3) describes economic and other benefits to each party to such agreements.
SEC. 714. IDENTIFICATION OF AND JUSTIFICATION FOR REDACTIONS.
If the Administration redacts any portion of a document produced to another person, the Administration shall cite a specific statute authorizing the withholding of the information redacted.
SEC. 715. COMMERCIAL ACTIVITY AT WALLOPS FLIGHT FACILITY.
(a) Findings.--Congress makes the following findings:
(1) Maintaining multiple NASA launch sites contributes to assured access to space for NASA, researchers, and industry, and supports broader United States Government interests in assured access to space.
(2) The Wallops Flight Facility is a critical launch complex for NASA, national security space organizations, and commercial industry. The Wallops Flight Facility is the only national launch site capable of providing assured access to space on the east coast other than the Kennedy Space Center and Cape Canaveral launch complexes.
(3) As the commercial space sector continues to expand, driven in part by increasing NASA and Department of Defense use of commercial launch services, the Wallops Flight Facility and other Federal and non-Federal launch ranges must continue to support affordable, flexible, and responsive access for commercial space launch service providers and their customers.
(b) Requirement.--Given the role of the Wallops Flight Facility in supporting NASA missions and the global economic competitiveness and national security of the United States, the Administrator shall--
(1) enable the public-private partnership among the Wallops Flight Facility, the Mid-Atlantic Regional Spaceport of the Virginia Spaceport Authority, and other private entities in order to use the full potential of the Wallops Flight Facility, including by--
(A) reviewing and updating agreements between NASA and the Federal Aviation Administration relating to operations at NASA launch sites to ensure reciprocal approval of flight and range safety analysis for operators; and
(B) reviewing NASA's approach to compliance with Occupational Safety and Health Administration regulations and oversight of such compliance by private sector partners and customers;
(2) request needed investments for the Wallops Flight Facility in budgeting and appropriations requests, the 21st Century Launch Complex account, and in NASA's Construction and Environmental Compliance and Restoration account, and specifically identify construction, revitalization, recapitalization, or other infrastructure projects and improvements needed for the Wallops Flight Facility, taking into account the needs of commercial launch and reentry users of the Wallops Flight Facility, as appropriate; and
(3) not later than 30 days before implementing any change to fees assessed by NASA on the Virginia Spaceport Authority in connection with the activities at the Wallops Flight Facility, provide written notice to the Virginia Spaceport Authority that includes--
(A) a detailed description of the proposed fee changes;
(B) the rationale and cost basis for such changes; and
(C) an explanation of the manner in which the fees relate to services provided or costs incurred by the Administration.
(c) Report.--Not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years, the Administrator shall submit to the appropriate committees of Congress a report, and provide the appropriate committees of Congress with a briefing, on--
(1) efforts made under paragraphs (1) and (2) of subsection (b);
(2) challenges faced by the Wallops Flight Facility that might reasonably impede the growth of commercial activity;
(3) recommendations for any necessary legislative action; and
(4) the fee structure imposed by NASA on the Virginia Spaceport Authority.
SEC. 716.
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CONTINUITY OF PURPOSE FOR NASA ACTIVITIES.
(a) Consistency in Operating Plans.--Consistent with the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2026 (Public Law 119-74), the Administrator shall produce a spending, expenditure, or operating plan for fiscal year 2026 that provides funding at levels commensurate with the applicable joint explanatory statement or committee report language incorporated by reference in such joint explanatory statement for the pertinent appropriations Act for fiscal year 2026.
(b) Applicability to Future Fiscal Years.--In any fiscal year in which appropriations for the Administration are provided by a full-year or partial-year continuing resolution, the Administrator shall produce and adhere to a spending, expenditure, or operating plan that provides funding at levels commensurate with the previous full fiscal year.
(c) Notice of Reprogramming.--If any funds authorized by this division are subject to a reprogramming action that requires notice to be provided to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, notice of such action shall be provided to the appropriate committees of Congress.
(d) Notice of Reorganization.--The Administrator shall provide notice to the appropriate committees of Congress, not later than 30 days before any major reorganization of any program, project, or activity of the Administration, including the cancellation of a specific program, project, or activity, and the termination of an operational spacecraft and mission.
SEC. 717. TRANSMISSION OF DATA TO CONGRESS.
(a) In General.--The Administrator shall use electronic technology resources to submit all reports, briefings, and requests to the applicable committees of Congress in a timely manner.
(b) Waiver.--The Administrator may waive the electronic submission requirement under subsection (a) in any case in which the submission of a physical copy of a report, briefing, or request is required by law.
SEC. 718. TIMELY RESPONSES TO CONGRESS.
(a) In General.--Not later than 30 days after the date on which a request is made by Congress, the Administrator shall respond to the request.
(b) Briefing.--Beginning on the date that is 60 days after the date of the enactment of this Act and quarterly thereafter, the Administrator shall provide to the appropriate committees of Congress a briefing that--
(1) identifies each request made by Congress to which the Administrator has not responded, and provides an estimated date on which a response will be provided; and
(2) identifies each report due to Congress that has not been submitted, and provides an estimated date on which the report will be submitted.
SEC. 719. CONTRACTING FLEXIBILITY AND TRANSPARENCY.
(a) In General.--In carrying out acquisition activities, the Administrator shall ensure the use of contract types that are appropriate to the technical maturity, risk, and development stage of the system, subsystem, or service being procured.
(b) Developmental Programs.--In the case of a program or project that involves significant technical uncertainty, technology development, or first-of-a-kind system design, the Administrator may consider the use of a cost-reimbursement or other appropriate contract type, including a cost-plus contract, if the Administrator determines--
(1) the program or project requirements are not suitable for a fixed-price contract;
(2) associated technical risks exceed reasonable levels for a contractor; or
(3) use of an alternative contract type would likely increase total program cost or risk to mission success.
(c) Fixed-price Contracts.--
(1) In general.--In the case of a fixed-price or firm-fixed-price contract, the Administrator shall continue to ensure appropriate transparency, auditability, and cost visibility, consistent with applicable law and the Federal Acquisition Regulation, including--
(A) maintenance of adequate cost or pricing data, as required;
(B) access for audit by the Inspector General of NASA, the Comptroller General of the United States, and any other authorized oversight entity; and
(C) documentation sufficient to evaluate contract performance, pricing, and value to the Federal Government.
(2) Additional requirements.--In addition to the requirement under paragraph (1), for any contract entered into by NASA on or after the date of the enactment of this Act, in which the contract is structured as a firm-fixed-price contract with a value exceeding $100,000,000, the Administrator shall ensure the following:
(A) Requirements visibility.--Changes to contract requirements after initial contract award that could materially affect cost, schedule, and performance contract outcomes shall be documented and transparent to the contractor and subject to congressional oversight consistent with subparagraph (E).
(B) NASA safety standards compliance.--The contract awardee and all subcontractors and suppliers shall comply with all safety standards that are applicable and required by NASA under the contract.
(C) Reasonable price data.--Current laws and regulations governing the determination of a fair and reasonable price shall be followed in accordance with chapter 35 of title 41, United States Code.
(D) Schedule and performance reporting.--The contract awardee shall provide NASA with quarterly performance updates on schedule progress, technical performance metrics, and key risk assessments, as determined by the Administrator.
(E) Congressional oversight.--Upon request, NASA shall make available to the appropriate committees of Congress relevant documentation, with applicable markings, for fixed-price contracts exceeding the applicable threshold, including executed contracts, milestone schedules, and payment records to support congressional oversight responsibilities.
(3) Implementation guidance.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall issue guidance necessary to implement this section.
(d) Rule of Construction.--Nothing in this section may be construed--
(1) to alter or waive any requirement under procurement law or regulation governing fixed-price or cost-reimbursement contracts;
(2) to require the use of any specific contract type for a program; or
(3) to limit the authority of the Administrator to select the contract type that best supports mission assurance, cost effectiveness, and timely execution.
SEC. 720. CHIEF SCIENTIST.
(a) Reinstatement.--To ensure that NASA research programs are scientifically well founded, not later than 60 days after the date of the enactment of this Act, the Administrator shall--
(1) reinstate, within the Office of the Administrator, the position of the Chief Scientist, who shall report to the Associate Administrator of NASA; and
(2) ensure that the Office of the Chief Scientist is adequately staffed and is provided the resources necessary--
(A) to provide independent assessment and advice to the Administrator on matters related to NASA science, including technical, programmatic, and policy reviews, in order to ensure that NASA science programs are of the highest scientific and technologic merit and integrity;
(B) to encourage and foster science integration and cooperation across NASA, including the mission directorates and the NASA centers;
(C) to lead the development of NASA science strategy and ensure that NASA's overarching strategic plan properly incorporates science goals and objectives;
(D) to promote, communicate, and advocate for NASA's science portfolio and strategy to the broad external community, and to facilitate the widest practical and appropriate dissemination of information concerning science and space activities;
(E) to direct and oversee the Agency nomination process for Agency-wide external and internal scientific awards; and
(F) to direct and oversee a Science Innovation Fund to promote the conduct of highly innovative, exploratory, and high-risk and high-return scientific research at NASA centers in support of the strategic direction of NASA and NASA centers.
SEC. 721. CHIEF ECONOMIST.
(a) In General.--Not later than 60 days after the date of the enactment of this Act, the Administrator shall--
(1) reinstate an independent position of Chief Economist, who shall report to the Associate Administrator of NASA; and
(2) provide the Office of the Chief Economist with the internal expertise, staffing, and resources necessary to develop--
(A) rigorous quantitative economic assessments of United States commercial space providers, competition in United States commercial space markets, and the labor and capital markets that support United States commercial space providers; and
(B) agency-level commercial market estimates for any NASA commercial acquisition program with a total annual budget exceeding $100,000,000 or that aims to develop a commercial market for space-related goods and services.
(b) Biannual Report.--Not less frequently than biannually, the Administrator shall submit to Congress the NASA Economic Impact Report on the economic impact of NASA on State-level economic output and jobs.
SEC. 722. CHIEF TECHNOLOGIST.
To ensure that NASA programs are technologically well founded, not later than 60 days after the date of the enactment of this Act, the Administrator shall--
(1) reinstate, within the Office of the Administrator, the position of the Chief Technologist, who shall report to the Associate Administrator of NASA; and
(2) ensure that the Office of the Chief Technologist is adequately staffed and is provided the resources necessary--
(A) to provide independent assessments and advice to the Administrator on matters related to NASA-wide technology policy and programs;
(B) to develop and implement plans that address technology and innovation goals, objectives, technical challenges, and investment;
(C) to engage the internal and external technology community (including other Government agencies, industry, academia, and advisory groups) to identify needs and recommend priorities that NASA should pursue, consistent with the national space policy, NASA's mission, and national needs; and
(D) to ensure that data and information from NASA's technology programs and projects are openly available and accessible in a timely and affordable manner, as appropriate.
SEC. 723. REPORT ON INDEMNIFICATION FRAMEWORK FOR CIVIL AND
COMMERCIAL SPACE NUCLEAR TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator, in consultation with the
head of any other appropriate Federal agency, shall submit to the appropriate committees of Congress a report on the need for and value of potential frameworks for indemnification of civil and commercial space nuclear technologies.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An evaluation of the existing statutory and regulatory authorities under which NASA or another appropriate Federal agency may provide indemnification or other liability protection related to the use of space nuclear systems.
(2) An identification of gaps in the current indemnification framework for activities involving civil missions or commercial activities partners or civil missions using nuclear technologies in space, including--
(A) radioisotope power systems;
(B) fission surface power systems; and
(C) nuclear electric or thermal propulsion systems.
(3) An identification and assessment of pathways to address such gaps, including--
(A) indemnification under section 20138 of title 51, United States Code, and Public Law 85-804 (50 U.S.C. 1431 et seq.);
(B) the applicability of authorities under section 440 of title 14, Code of Federal Regulations, for nuclear systems launched on commercially procured launch vehicles;
(C) extension of coverage under section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
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2210); and
(D) development of such new statutory authorities or risk-sharing mechanisms as the Administrator may require.
(4) Recommendations for legislative or regulatory changes to ensure appropriate indemnification mechanisms for the deployment of space nuclear technologies in support of NASA missions or NASA-partnered commercial missions.
(c) Scope.--The report required by subsection (a) shall address indemnification considerations for--
(1) United States Government-sponsored missions; and
(2) missions conducted through public-private partnerships and commercially procured services, including technology demonstrations and operational capability deployments in cislunar space, on the lunar surface, or beyond low-Earth orbit.
(d) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
SEC. 724. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
(a) In General.--Chapter 313 of title 51, United States Code, is amended by adding at the end the following:
"Sec. 31303. Confidentiality of medical quality assurance
records
"(a) In General.--Except as provided in subsection (b)(1)--
"(1) a medical quality assurance record, or any part of a medical quality assurance record, may not be subject to discovery or admitted into evidence in a judicial or administrative proceeding; and
"(2) an individual who reviews or creates a medical quality assurance record for the Administration, or participates in any proceeding that reviews or creates a medical quality assurance record, may not testify in a judicial or administrative proceeding with respect to--
"(A) the medical quality assurance record; or
"(B) any finding, recommendation, evaluation, opinion, or action taken by such individual or in accordance with such proceeding with respect to the medical quality assurance record.
"(b) Disclosure of Records.--
"(1) In general.--Notwithstanding subsection (a), a medical quality assurance record may be disclosed to--
"(A) a Federal agency or private entity, if the medical quality assurance record is necessary for the Federal agency or private entity to carry out--
"(i) licensing or accreditation functions relating to Administration healthcare facilities; or
"(ii) monitoring of Administration healthcare facilities required by law;
"(B) a Federal agency or healthcare provider, if the medical quality assurance record is required by the Federal agency or healthcare provider to enable Administration participation in a healthcare program of the Federal agency or healthcare provider;
"(C) a criminal or civil law enforcement agency, or an instrumentality authorized by law to protect the public health or safety, on written request by a qualified representative of such agency or instrumentality submitted to the Administrator that includes a description of the lawful purpose for which the medical quality assurance record is requested;
"(D) an official of the Department of Justice who is investigating a claim or potential claim against the Administration or investigating in response to litigation or potential litigation involving the Administration when the records are deemed relevant and necessary;
"(E) healthcare personnel, to the extent necessary to address a medical emergency affecting the health or safety of an individual;
"(F) any committee, panel, or board convened by the Administration to review the healthcare-related policies and practices of the Administration; and
"(G) pursuant to the order of a court of competent jurisdiction.
"(2) Subsequent disclosure prohibited.--An individual or entity to whom a medical quality assurance record has been disclosed under paragraph (1) may not make a subsequent disclosure of the medical quality assurance record.
"(c) Personally Identifiable Information.--
"(1) In general.--Except as provided in paragraph (2), the personally identifiable information contained in a medical quality assurance record of a patient or an employee of the Administration, or any other individual associated with the Administration for purposes of a medical quality assurance program, shall be removed before the disclosure of the medical quality assurance record to an entity other than the Administration.
"(2) Exception.--Personally identifiable information described in paragraph (1) may be released to an entity other than the Administration if the Administrator makes a determination that the release of such personally identifiable information--
"(A) is in the best interests of the Administration; and
"(B) does not constitute an unwarranted invasion of personal privacy.
"(d) Exclusion From FOIA.--A medical quality assurance record may not be made available to any person under section 552 of title 5, United States Code (commonly referred to as the `Freedom of Information Act'), and this section shall be considered a statute described in subsection (b)(3)(B) of such section 522.
"(e) Regulations.--Not later than 1 year after the date of the enactment of this section, the Administrator shall promulgate regulations to implement this section.
"(f) Rules of Construction.--Nothing in this section shall be construed--
"(1) to withhold a medical quality assurance record from a committee of the Senate or the House of Representatives or a joint committee of Congress if the medical quality assurance record relates to a matter within the jurisdiction of such committee or joint committee; or
"(2) to limit the use of a medical quality assurance record within the Administration, including use by a contractor or consultant of the Administration.
"(g) Definitions.--In this section:
"(1) Medical quality assurance record.--The term `medical quality assurance record' means any proceeding, discussion, record, finding, recommendation, evaluation, opinion, minutes, report, or other document or action that results from a quality assurance committee, quality assurance program, or quality assurance program activity.
"(2) Quality assurance program.--
"(A) In general.--The term `quality assurance program' means a comprehensive program of the Administration, the purpose of which is--
"(i) to systematically review and improve the quality of medical and behavioral health services provided by the Administration to ensure the safety and security of individuals receiving such health services; and
"(ii) to evaluate and improve the efficiency, effectiveness, and use of staff and resources in the delivery of such health services.
"(B) Inclusion.--The term `quality assurance program' includes any activity carried out by or for the Administration to assess the quality of medical care provided by the Administration.".
(b) Technical and Conforming Amendment.--The table of sections for chapter 313 of title 51, United States Code, is amended by adding at the end the following:
"31303. Confidentiality of medical quality assurance records.".
SEC. 725. REPORTS TO CONGRESS.
(a) Congressional Reports and Notices.--Any final report or notification required by law that is provided to Congress by NASA shall be submitted to the appropriate committees of Congress not later than 10 days after the date on which such report or notification is submitted to any other committee or office.
(b) Privileged Reports and Reprogramming Requests.--Nonpublic reports, including privileged reports, reprogramming requests, and spend plans provided to the appropriate committees of Congress pursuant to subsection (a) shall be treated as confidential committee documents and shall not to be disclosed publicly.
(c) Reports on International Agreements.--If the United States becomes a signatory to an international agreement or nonbinding instrument concerning activities in outer space involving NASA, the Administrator shall, not later than 15 days after the date on which the United States becomes a signatory, submit to the Committee on Commerce, Science, and Transportation 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 report containing a copy of such agreement or instrument.
SEC. 726. COLLABORATION BETWEEN NASA AND THE DEPARTMENT OF
DEFENSE.
(a) In General.--The Administrator and the Secretary of Defense shall, to the maximum extent practicable, exercise collaboration, including by co-locating NASA and Space Force elements, so as to accelerate national security space initiatives, including the Golden Dome initiative.
(b) Units of Armed Forces at NASA Installations.--For the purpose of maximizing speed and efficiency of critical space efforts and minimizing costs to United
States taxpayers, the Administrator may enter into an agreement to host units of the Armed Forces at NASA installations, including at the NASA Armstrong Test Facility.
(c) Reimbursement.--The Administration shall be reimbursed for any costs incurred pursuant to such agreement.
SEC. 727. SPACE COOPERATION WITH TAIWAN.
(a) Requirement.--Not later than 90 days after the date of the enactment of this Act, the Administrator, with the concurrence of the Secretary of State and in coordination with the Secretary of Commerce (acting through the Administrator of the National Oceanic and Atmospheric Administration), may seek to engage Taiwan relating to expanding cooperation regarding civilian space activities.
(b) Cooperation Efforts.--In seeking to expand cooperation regarding civilian space activities between NASA, the National Oceanic and Atmospheric Administration, and Taiwan under subsection (a), the Administrator and the Administrator of the National Oceanic and Atmospheric Administration, with the concurrence of the Secretary of State, may carry out efforts to identify and pursue space exploration, space applications, and science initiatives in areas of mutual benefit, consistent with the Taiwan Relations Act of 1979 (22 U.S.C. 3301 et seq.) and applicable export regulations, and taking all appropriate measures to protect sensitive information, intellectual property, trade secrets, and economic interests of the United States, in the following areas:
(1) Satellite programs, space exploration programs, and atmospheric and weather programs.
(2) Personnel exchanges of employees of NASA and the National Oceanic and Atmospheric Administration with the Taiwan Space Agency.
(3) Activities of mutual benefit related to commercial space and atmospheric and weather technology and services.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years, the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State, shall jointly submit to the appropriate congressional committees a report on the implementation of this section.
(2) Contents.--The report under paragraph (1) shall include the following:
(A) A description of the activities conducted between NASA and the National Oceanic and Atmospheric Administration with Taiwan.
(B) An identification of any challenges that need to be addressed to expand such cooperation.
(C) An overview of efforts undertaken pursuant to this section.
(D) Any other matter the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of State consider relevant.
(d) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate.
SEC. 728. RULE OF CONSTRUCTION.
Nothing in this division may be construed to alter or limit the scientific integrity policies of NASA.
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SA 6528. Mr. RISCH 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:
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At the end of title XII, add the following:
Subtitle F--Vital Infrastructure Guarding Information and Logistics Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Vital Infrastructure Guarding Information and Logistics Act" or the "VIGIL Act".
SEC. 1282. IMPOSITION OF SANCTIONS WITH RESPECT TO MILITARY,
INTELLIGENCE, AND SPACE INFRASTRUCTURE IN THE
WESTERN HEMISPHERE THAT POSES A THREAT TO THE
NATIONAL SECURITY OF THE UNITED STATES.
(a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person that the President determines engages in or has engaged in a significant transaction or transactions, or any significant dealings with, or has provided material support to or for military, intelligence, or space infrastructure in the Western Hemisphere that poses a national security threat to the United States.
(b) Sanctions Described.--The sanctions described in this subsection with respect to a foreign person are the following:
(1) Asset blocking.--The exercise of 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 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) Exclusion from the united states and revocation of visa or other documentation.--In the case of a foreign person who is an alien, denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) of any visa or other documentation of the alien.
(c) Implementation; Penalties.--
(1) Implementation.--The President shall 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.--A person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out that subsection 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.
(d) Exceptions.--
(1) Importation of goods.--
(A) In general.--The authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(2) Compliance with united nations headquarters agreement.--Sanctions under subsection (b)(2) shall not apply to an alien if admitting 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.
(e) Termination of Sanctions.--Notwithstanding any other provision of law, this section shall terminate on the date that is 30 days after the date on which the President determines and certifies to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-day period) that all military, intelligence, or space infrastructure described in subsection (a) has been verifiably closed and dismantled.
(f) Waiver.--
(1) In general.--The President may waive the application of sanctions under this section with respect to a foreign person if the President, not later than 10 days before the waiver is to take effect, determines and certifies to the appropriate congressional committees that the waiver is in the vital national security interest of the United States.
(2) Justification.--The President shall include with a certification submitted under paragraph (1) with respect to a waiver a detailed justification explaining the reasons for the waiver.
(g) Definitions.--In this section:
(1) Alien.--The term "alien" has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term "appropriate congressional committees" includes--
(A) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
(3) Foreign person.--The term "foreign person" means a person that is not a United States person.
(4) Person.--The term "person" means an individual or entity.
(5) United states person.--The term "United States person" means--
(A) an individual who is 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. 1283. REPORT ON EFFORTS BY THE RUSSIAN FEDERATION AND
THE PEOPLE'S REPUBLIC OF CHINA TO FACILITATE
THE ESTABLISHMENT AND OPERATION OF MILITARY,
INTELLIGENCE, OR SPACE INFRASTRUCTURE IN THE
WESTERN HEMISPHERE.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report describing--
(1) the military, intelligence, and space activities of the Government of the Russian Federation and the Government of the People's Republic of China in the Western Hemisphere, including any facilities used by either such government in the country hosting those facilities;
(2) the purposes for which either such government conducts those activities and uses those facilities in the Western Hemisphere;
(3) the extent to which either such government provides payment or government credits to the government of any country hosting
those facilities for the continued use of those facilities in the Western Hemisphere; and
(4) any progress toward the verifiable termination of access by either such government to those facilities and withdrawal of personnel, including advisers, technicians, and military personnel, from those facilities.
(b) Form.--The report required by subsection (a) shall be submitted in unclassified form and shall include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" includes--
(1) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
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SA 6529. Mr. RISCH (for himself and Mrs. Shaheen) 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:
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At the end, add the following:
SEC. 1. SHORT TITLE.
This division may be cited as the "Sanctioning Harborers And Dodgers Of Western Sanctions Act of 2026" or the "SHADOW Fleet Sanctions Act of 2026".
TITLE I--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
SEC. 101. DEFINITIONS.
In this title:
(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 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.
Subtitle A--Sanctions With Respect to Russian Shadow Fleet
SEC. 111. 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 181 with respect to any Russian shadow fleet vessel that, on or after the date of the enactment of this Act, transports 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, 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) provided 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 to the Russian Federation any foreign vessel designed to transport Russian-origin petroleum products.
(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 181 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. 112. 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 181 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. 113. IMPOSITION OF SANCTIONS WITH RESPECT TO PORT
TERMINALS ACCEPTING OIL FROM RUSSIAN SHADOW
FLEET VESSELS.
Beginning on the date of the enactment of this Act, the President may impose the sanctions described in section 181 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.
SEC. 121.
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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 of State, 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 of State, 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. 122. 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.
SEC. 123. REPORT ON SPECIFIC LICENSES GRANTED UNDER EXECUTIVE
ORDER 14024.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State, in coordination with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report listing any specific license granted or in effect under Executive Order 14024 (50 U.S.C. 1701 note; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation).
(b) Form.--Each report required under subsection (a) shall be submitted in classified form.
SEC. 131. 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, 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. 132. 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 of State, 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 131; and
(2) submit to the appropriate congressional committees a strategy for identifying and engaging with those countries.
SEC. 141. 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.
Subtitle B--Sanctions With Respect to Russian-origin Energy Products
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SEC. 151. 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 181 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. 152. 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 of State, 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.
(c) Form.--The strategy required by subsection (a) shall be submitted in unclassified form but may include a classified index.
Subtitle C--Sanctions With Respect to Russian Defense Industrial Base
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SEC. 161. 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 of State, 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 of State, 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 of State, 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.
Subtitle D--Modifications of Protecting Europe's Energy Security Act of 2019
SEC. 171. 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.
SEC. 181. 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. 182. EXCEPTIONS; WAIVERS.
(a) Exceptions.--
(1) Exception relating to importation of goods.--
(A) In general.--A requirement to block and prohibit all transactions in all property and interests in property under this title shall not include the authority or a requirement to impose sanctions on the importation of goods.
(B) Good.--In this paragraph, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(2) Exception to comply with united nations headquarters agreement and law enforcement activities.--Sanctions under this title 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.
(3) Exception to comply with intelligence activities.--Sanctions under this title 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.
(4) Humanitarian assistance.--
(A) In general.--Sanctions under this title 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).
(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.
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321).
(5) Exception for safety of vessels and crew and decommissioning or demolition of vessels.--Sanctions under this title shall not apply with respect to--
(A) a person providing provisions to a vessel otherwise subject to sanctions under this title 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 title 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.
(6) 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 title 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 title 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 title with respect to a foreign person who has engaged in activity subject to sanctions under this title 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. 183. 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 title.
(b) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title 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. 184. TERMINATION OF SANCTIONS AUTHORITIES.
The requirements and authorities to impose sanctions under subtitles A, B, and C, and any sanctions imposed under those subtitles, shall terminate on the date that is 10 years after the date of the enactment of this Act.
SEC. 201. 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. 202. 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 of State 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 of State; 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 of State 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 of State 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. 203. 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. 204. 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 of State 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 of State 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) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" 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.
SEC. 205. 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 of State 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) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(2) the Committees on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
SEC. 206. 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.
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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.
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SA 6530. Mr. RISCH (for himself, Mr. Coons, Mr. Cornyn, and Mrs. Shaheen) 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:
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At the end of title XII, add the following:
SEC. 1271. 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. 1272. 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 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. 1273. 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 1277, 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. 1274. 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 of State 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 of State or the Secretary's designee, shall provide a briefing to the appropriate congressional committees regarding the matters contained in such report.
SEC. 1275. 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 of State 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 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. 1276. STRATEGY.
(a) In General.--The Secretary of State, 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.
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In developing such strategy, the Secretary shall utilize all economic and diplomatic tools available to the Department of State 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 of State'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 of State'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 of State 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 of State, 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. 1277. 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 of State, 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 of State 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. 1278. 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 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) 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 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.
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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) Visas, admission, or parole.--An alien is described in this clause if the Secretary of State or the Secretary of Homeland Security (or a designee of either such Secretary) knows, or has reason to believe the alien--
(I) meets any of the criteria described in subsection (a); and
(II)(aa) is inadmissible to the United States;
(bb) is ineligible to receive a visa or other documentation to enter the United States; or
(cc) is 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.--The issuing consular officer, the Secretary of State, or a designee of the Secretary of State, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), shall revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation was issued.
(II) Effect of revocation.--Each revocation under subclause (I) shall--
(aa) take effect immediately; and
(bb) 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).
(7) Exception relating to the importation of goods.--
(A) Good.--In this paragraph, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(B) In general.--A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
SEC. 1279. 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. 1280. 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 1278(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. 1281. SUDAN BUSINESS RISK ADVISORY.
Not later than 90 days after the date of the enactment of this Act, the Secretary of State 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. 1282. 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. 1283. 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;
(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 of State, 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. 1284. 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 of State, 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. 1285. TERMINATION.
The requirements under sections 1274, 1275, 1276, 1280, 1283, and 1284 shall terminate on the date that is 30 days after the Secretary of State 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 of State; 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. 1286. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to authorize the use of military force.
SEC. 1287. 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.
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SA 6531. Mr. RISCH 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:
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At the end of title XII, add the following:
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Deter PRC Aggression Against Taiwan Act".
SEC. 1272. 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. 1273. 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 Foreign Affairs of the House of Representatives; and
(D) the Committee on Financial Services 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 1274.
SEC. 1274. 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 of State and the Director of the Office of Foreign Assets Control of the Department of the Treasury, in coordination with the Director of National Intelligence, shall establish a task force to identify military or non-military entities that could be subject to sanctions or other economic actions 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 1272.
(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 or other economic actions 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, 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 and other economic tools 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 or other economic actions 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 or other economic tools 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 of State and the Department of the Treasury to most effectively use sanctions and other economic tools to respond to the threats posed by the PRC;
(7) recommend how best to target sanctions and other economic tools 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 and tools 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 and tools 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 1272, including entities in the shipping, logistics, energy (including oil and gas), maritime, aviation, ground transportation, and technology sectors.
SEC. 1275. REPORT.
Not later than 120 days after the submission of the strategy required under section 1274(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 1274(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 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 of such sanctions;
(5) the status of coordination with allies and partners of the United States regarding sanctions and other economic tools identified under this subtitle;
(6) resource gaps and recommendations to enable the Department of State 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 1274(b).
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SA 6532. Mr. RISCH 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:
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At the appropriate place in title XII, insert the following:
SEC. ___. REMOVAL OF VENEZUELA FROM COUNTRIES OF CONCERN.
Section 1402(3) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9601(3)) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B), (C), (D), (E), (F) and (G) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively.
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SA 6533. Mr. CORNYN (for himself and Mrs. Shaheen) 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:
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At the end of title XII, add the following:
Subtitle F--Scam Compound Accountability and Mobilization
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the "Scam Compound Accountability and Mobilization Act".
SEC. 1272. 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. 1273. 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, 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. 1274. 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. 1275. 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 Foreign Affairs of the House of Representatives;
(F) the Committee on the Judiciary of the House of Representatives;
(G) the Committee on Financial Services of the House of Representatives; and
(H) the Permanent Select Committee on Intelligence 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 for victims of human trafficking 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, 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 1276.
(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. 1276.
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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 of State, 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 provide for and incorporate the following objectives:
(1) Reducing the ability of transnational criminal organizations to operate scam compounds in Southeast Asia and wherever else they may propagate.
(2) Building the capacity of efforts related to digital forensics, anti-money laundering, 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 assisting defrauded United States persons in recovering and returning their stolen assets.
(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, 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 indictment 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 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;
(4) identify relevant foreign assistance resources needed to fully 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
(5) 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 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.
SEC. 1277. ESTABLISHING A TASK FORCE TO IMPLEMENT THE
STRATEGY.
(a) In General.--Not later than 90 days after submitting the Strategy pursuant to section 1276(a), the Secretary of State, 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; 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.
(c) Consultation.--The Task Force, or representatives of the Task Force, should--
(1) consult with State 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 stolen assets;
(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--
(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 money that has been stolen from United States nationals through scams emanating from scam compounds;
(C) an estimate of the amount of the stolen money 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. 1278. 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 materially assisted in, or provided financial or technological support to, or 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.
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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.--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 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.
(2) Exceptions 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)).
(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) Intelligence and Law Enforcement Activities.--Sanctions authorized under this section shall not apply with respect to--
(1) 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
(2) any authorized intelligence or law enforcement activities of the United States.
(f) 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.
(g) Form.--The report required under subsection (f) shall be submitted in an unclassified form, but may include a classified annex.
(h) Exception Relating to Importation of Goods.--
(1) In general.--A requirement to block and prohibit all transactions in all property and interests in property pursuant to subsection (b) shall not include the authority or a requirement to impose sanctions on the importation of goods.
(2) Defined term.--In this subsection, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(i) 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. 1279. 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 of State, 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;
(2) offers recommendations to amend existing forfeiture law to enable the Department of Justice to use assets forfeited as a result of law enforcement activities targeting international scam compound operations to provide financial redress to United States citizen victims of scam operations; and
(3) offers recommendations for the administration of such a redress mechanism.
(b) Form.--The report required under subsection (a) shall be submitted in an unclassified form.
SEC. 1280. 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 Secretary of State is authorized to provide nongovernmental organizations, nonprofit organizations, and intergovernmental entities access to current and archival high-resolution satellite imagery 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 of State 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. 1280A. 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.
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SA 6534. Mr. LEE 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1270A. DISSEMINATION ABROAD OF INFORMATION ABOUT THE
UNITED STATES.
(a) United States Information and Educational Exchange Act of 1948.--Section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) is amended to read as follows:
"SEC. 501. GENERAL AUTHORIZATION.
"(a) Dissemination of Information Abroad.-- The Chief Executive Officer of the United States Agency for Global Media (referred to in this section as the `USAGM CEO'), working through its component networks, is authorized to provide for the preparation, and dissemination abroad, of information about the United States, its people, and its policies, through press, publications, radio, motion pictures, the Internet, and other information media, and through information centers, instructors abroad, and other direct or indirect means of communication. Except as provided in subsection (b), any such information (other than `Problems of Communism' and the `English Teaching Forum', which may be sold by the Government Publishing Office) may not be disseminated within the United States, its territories, or possessions. However, such information may be made available in the English language at the Department of State, at all reasonable times following its release as information abroad, for examination only by representatives of United States press associations, newspapers, magazines, radio systems, and stations, and by research students and scholars, and on request, shall be made available for examination by Members of Congress.
"(b) Dissemination of Information Within the United States.--
"(1) In general.--The USAGM CEO shall make available to the Archivist of the United States (referred to in this subsection as the `Archivist'), for domestic distribution, motion pictures, films, video, audio, and other materials prepared for dissemination abroad beginning 12 years after the date on which--
"(A) such material was initially disseminated abroad; or
"(B) the material was prepared, if such material was never disseminated abroad.
"(2) Reimbursement.--The USAGM CEO shall be reimbursed for any expenses resulting from the implementation of paragraph (1). Such reimbursement shall be credited to the applicable appropriation of the United States Agency for Global Media.
"(3) Responsibilities of the archivist.--The Archivist--
"(A) shall be the official custodian of the material described in paragraph (1);
"(B) shall promulgate regulations to ensure that persons seeking the release of such material--
"(i) have secured necessary United States rights and licenses; and
"(ii) have paid a fee, in accordance with section 2116(c) of title 44, United States Code, which is sufficient to cover the costs incurred by the Archivist to provide such material to such persons; and
"(C) all fees collected pursuant to subparagraph (B)(ii) are paid into, administered, and expended as part of the National Archives Trust Fund.
"(c) Rule of Construction.--Nothing in this section may be construed to require the USAGM CEO to make material disseminated abroad available in any format other than in the format disseminated abroad.".
(b) Foreign Relations Authorization Act, Fiscal Years 1986 and 1987.--
(1) In general.--Section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended to read as follows:
"SEC. 208. BAN ON DOMESTIC ACTIVITIES OF THE UNITED STATES
AGENCY FOR GLOBAL MEDIA.
"(a) In General.--Except as provided in subsections (b) and (c) and in section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461)--
"(1) amounts appropriated to the United States Agency for Global Media or its component networks (referred to collectively in this section as `USAGM') may not be used to influence public opinion in the United States; and
"(2) no program material prepared by USAGM may be distributed within the United States.
"(b) Exemption.--The limitation under subsection (a) shall not apply to programs carried out pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.).
"(c) Savings Provision.--Nothing in this section may be construed to prohibit any employee of the United States Agency for Global Media from responding to inquiries from members of the public about USAGM operations, policies, or programs.".
(2) Clerical amendment.--The table of contents for the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended by striking the item relating to section 208 and inserting the following:
"Sec. 208. Ban on domestic activities of the United States Agency for Global Media.". ______
SA 6535. Mr. LEE 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:
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Strike section 1019 and insert the following:
SEC. 1019. CONSTRUCTION OF VESSELS IN FOREIGN SHIPYARDS.
(a) Authority.--
(1) In general.--Notwithstanding section 8679 of title 10, United States Code, the Secretary of Defense may construct not more than two vessels for each class of covered vessels in a foreign shipyard, if the Secretary determines that--
(A) such construction is in the national security interest of the United States, supported by evidence, for purposes of interoperability with allies and partners, forward logistics support, or accelerating achievement of fleet capacity requirements;
(B) the foreign country in which construction is proposed--
(i) is a treaty ally of the United States; and
(ii) has the capacity to produce the vessel, including with respect to workforce, physical shipyard constraints, and supply chain; and
(C) such construction ensures concurrent direct capital investments in the maritime industrial base of the United States resulting in, not later than the fourth vessel of the class of covered vessels, the onshoring of the construction and the supplier base of such class.
(2) Report and certification required.--Not later than 30 days before obligating or expending any funds pursuant to the authority under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:
(A) A certification that the conditions described in subparagraphs (A), (B), and (C) of such paragraph will be satisfied.
(B) An identification of--
(i) the specific vessel or class of vessels to be constructed in a foreign shipyard; and
(ii) the specific foreign country and shipyard in which construction is proposed.
(C) A description of the enforceable provisions that will govern the protection of classified information and controlled unclassified information related to the vessel during construction.
(D) The sourcing plan and schedule to onshore the supply chain and the plan for construction of the third and subsequent vessels of the class of covered vessels in a shipyard in the United States.
(3) Additional requirements.--In exercising the authority under paragraph (1), the Secretary of Defense shall ensure that--
(A) all critical mission systems, command and control equipment, and secure communications systems are installed in the United States or a secure allied facility;
(B) the vessels are projected to be constructed and delivered faster than if the vessels were constructed at a shipyard in the United States, or construction at a foreign shipyard otherwise provides a material benefit to readiness or force posture;
(C) the software and hardware related to all machinery control systems, cargo and ballast control systems, power and electrical systems, and safety systems are secure; and
(D) a life cycle sustainment plan is approved by the Secretary for the class of covered vessels, including class-standard repair parts.
(4) Prohibition on delegation.--The responsibility to submit a certification under paragraph (2) may not be delegated.
(b) Definitions.--In this section:
(1) Class of covered vessels.--The term "class of covered vessels" means the following vessels that do not have combatant classifications:
(A) Bulk fuel vessels designed or intended primarily for the carriage of liquid fuels.
(B) Strategic sealift vessels designed to rapidly deploy heavy military equipment globally in a roll-on/roll-off configuration.
(2) Critical mission system.--The term "critical mission system", with respect to a vessel, means a system (weapon or auxiliary) the failure of which would prevent the successful completion of the mission or severely impact ability to fight.
(3) Foreign shipyard.--The term "foreign shipyard" means a shipyard located outside the United States.
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SA 6536. Mr. LEE 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:
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At the end of subtitle H of title V, add the following:
SEC. 587. INCLUSION OF CITIZENSHIP STATUS ON MILITARY
IDENTIFICATION CARDS.
The Secretary of Defense shall ensure that, not later than October 1, 2027,the Common Access Card (CAC), Uniformed Services ID (USID) card, and DD Form 214 include citizenship status information. The information shall clearly indicate the citizenship status, or lack thereof, of the card holder or member filling out the form, as the case may be.
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SA 6537. Mr. LEE (for himself and Mr. Curtis) 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:
Text printed in the Record (1,745 characters)
At the appropriate place, insert the following:
SEC. __. REPORT ON FIELDING OF LINK 16 TACTICAL DATA LINK
NETWORKING CAPABILITIES ON CERTAIN ARMY
AIRCRAFT.
(a) Report Required.--Not later than December 1, 2026, the Secretary of the Army shall submit to the congressional defense committees a report on the plans and actions of the Army to field Link 16 tactical data link networking capabilities on UH-60M and CH-47F aircraft.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) A description of the current and planned fielding of Link 16 tactical data link networking capabilities on AH-64E, UH-60M, and CH-47F aircraft.
(2) An assessment of how Link 16 tactical data link networking capabilities on AH-64E, UH-60M, and CH-47F aircraft contribute to the Army's next generation command and control efforts.
(3) An assessment of how such capabilities support interoperability among Army rotary-wing aircraft, joint force platforms, and allied and partner platforms.
(4) An assessment of the operational benefits of fielding Link 16 tactical data link networking capabilities on UH-60M and CH-47F aircraft, including with respect to safety of flight, situational awareness, contested logistics, and operations involving manned and unmanned platforms operating in shared airspace.
(5) A description of any technical, operational, programmatic, budgetary, or policy barriers to fielding Link 16 tactical data link networking capabilities on UH-60M and CH-47F aircraft.
(6) A plan and timeline for addressing such barriers and fielding such capabilities, as appropriate.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
______
SA 6538. Mr. LEE (for himself and Mr. Curtis) 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:
Text printed in the Record (684 characters)
At the end of subtitle E of title III, add the following:
SEC. 358. EXCEPTION TO REQUIREMENT FOR DEPOSIT AND USE OF
PROCEEDS FROM LEASES IN CASE OF CERTAIN IN-KIND
CONSIDERATION.
Section 2667(e)(1)(B) of title 10, United States Code, is amended by adding at the end the following new clause:
"(iii) In-kind consideration accepted with respect to a lease entered into under this section that is held in a Federally-insured deposit account owned by a State or a political subdivision of a State with respect to which the State or political subdivision acts as a trustee for the account with a fiduciary duty to the United States upon such terms as the Secretary approves.".
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SA 6539. Mr. LEE 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:
Text printed in the Record (11,145 characters)
At the end of title XII, add the following:
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the "Arctic Security and Diplomacy Act".
SEC. 1282. FINDINGS.
Congress finds the following:
(1) The United States is an Arctic nation by virtue of the State of Alaska.
(2) The Arctic is a critical domain for the security and sovereignty of the United States and faces elevated risks related to the threats of territorial expansion and violation, influence operations, sabotage of critical undersea infrastructure, and espionage by foreign adversaries, particularly the People's Republic of China and the Russian Federation.
(3) The Russian Federation holds a significant portion of the Arctic, accounting for approximately 53 percent of the Arctic Ocean coastline, and has significantly expanded its military basing infrastructure and capabilities in the region.
(4) In 2018, the People's Republic of China declared that it is a "Near-Arctic State" with significant interests in the Arctic and is attempting to become a "polar great power" through economic expansion, scientific investments, and dual-use civilian and military infrastructure.
(5) The Russian Federation is cooperating with the People's Republic of China to establish a "Polar Silk Road" in the Arctic, and the two countries are working together to strengthen cooperation in polar shipbuilding and ship technology.
(6) The People's Republic of China has made multiple attempts to gain strategic footholds in the Arctic, has research stations in Norway's Svalbard archipelago and in Iceland, and consistently attempts to co-opt and manipulate civilian science and research activities, university partnerships, and multilateral science and research initiatives throughout the Arctic.
(7) The People's Republic of China has observer status on the Arctic Council, has significantly increased diplomatic engagement with Nordic countries, and uses investments in cooperative marine scientific research as a form of soft power in the Arctic.
(8) The People's Republic of China engages in extensive marine surveying, much of which has dual-use risk for military applications, including seabed mapping, NATO asset monitoring, and other espionage-related activity.
(9) The Russian Federation and the People's Republic of China have overlapping priority interests in the Arctic, though each have their own distinct interests with associated challenges.
(10) In 2022, the Danish Security and Intelligence Service reported several attempts at espionage by the People's Republic of China against Denmark, Greenland, and the Faroe Islands.
(11) In 2024, the Canadian Security Intelligence Service warned of espionage activity by the People's Republic of China and the Russian Federation, and the Canadian military discovered and removed buoys in the Arctic owned by the People's Republic of China.
(12) In 2025, the head of the National Police Commission in Iceland warned that the China-Iceland Arctic Science Observatory poses dual-use risks and may be used for espionage.
(13) The 2026 Annual Threat Assessment by the intelligence community describes the Russian Federation as "our primary challenge in the Arctic . . . Moscow is seeking to expand and deepen its presence in the Arctic through increased maritime trade, natural resource extraction, and military activity," while warning that the People's Republic of China "seeks to expand its Arctic presence using scientific research, investments, and commercial ventures along the Northern Sea Route."
(14) The 2025 NATO Maritime Strategy highlighted the Russian Federation's military build-up in the Arctic and use of hybrid threats like sabotage against critical undersea infrastructure, while warning that the People's Republic of China "is pursuing a military build-up, including rapidly expanding its naval capabilities, increasing its use of dual-use military-scientific vessels and surging its presence in the High North and the Arctic, while remaining opaque about its intentions."
(15) According to the Department of Homeland Security, an unprecedented number of military and research vessels of the People's Republic of China are operating in or near United States Arctic waters.
(16) On May 22, 2026, at the NATO Foreign Ministerial in Sweden, the Arctic allies, consisting of Canada, the Kingdom of Denmark, Finland, Iceland, the Kingdom of Norway, the Kingdom of Sweden, and the United States, issued a joint statement which stated that "With Russia's increased military activity and China's growing strategic interest, we seek to bolster stability in the Arctic region" and "recognize the importance of economic and resource development in the Arctic and have tasked our experts to coordinate more closely on these issues . . . to achieve our common goal of a safe, prosperous, and peaceful Arctic";
(17) It is in the interests of Arctic countries to cooperatively limit the ability of the Russian Federation and the People's Republic of China to conduct further espionage in the Arctic.
(18) It is in the interest of the United States to encourage marine scientific research, as President Ronald Reagan noted in his Statement on United States Oceans Policy on March 10, 1983.
SEC. 1283. DEFINITIONS.
In this subtitle:
(1) Agency.--The term "agency" has the meaning given the term "Executive agency" in section 105 of title 5, United States Code.
(2) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives.
(3) Arctic.--The term "Arctic" has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(4) Covered activities.--The term "covered activities" means marine surveys that may pose dual-use risks for civilian and military applications, including--
(A) exploration of natural resources;
(B) seabed mapping, hydrographic surveys, and oceanographic surveys;
(C) data collection related to subsea assets and infrastructure;
(D) operation of unmanned maritime systems; and
(E) any other activity designated by the Secretary of State as posing a risk to national security.
(5) Covered vessel.--The term "covered vessel" means a foreign vessel that--
(A) is a vessel of a foreign adversary; or
(B) the Secretary of State reasonably believes to be associated with a foreign adversary in a manner that threatens the security of the United States.
(6) Exclusive economic zone.--The term "exclusive economic zone" means, with respect to the United States, including the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the United States Virgin Islands, and any other territory or possession over which the United States exercises sovereignty, the zone seaward of and adjacent to the territorial sea, including the contiguous zone, and extending 200 nautical miles from the territorial sea baseline (except where otherwise limited by treaty or other agreement recognized by the United States) in which the United States has sovereign rights and jurisdiction.
(7) Foreign adversary.--The term "foreign adversary" means any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of United States persons, including--
(A) the Democratic People's Republic of Korea;
(B) the Islamic Republic of Iran;
(C) the People's Republic of China; and
(D) the Russian Federation.
(8) Foreign vessel.--The term "foreign vessel" means any vessel that is--
(A) owned, operated, or chartered by a foreign government;
(B) owned or controlled by an entity organized under the laws of, headquartered in, or otherwise subject to the jurisdiction of a foreign country; or
(C) registered under the flag of a foreign country.
(9) Intelligence community.--The term "intelligence community" has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(10) Marine scientific research.--The term "marine scientific research" means any activity that is--
(A) undertaken in the ocean to expand knowledge of the marine environment and its processes, including data collection activities; and
(B) regulated by the United States under the Presidential Proclamation on Revision to United States Marine Scientific Research Policy of September 2020.
(11) Territorial sea.--The term "territorial sea" means the waters extending to 12 nautical miles from the baselines of the United States.
(12) United states waters.--The term "United States waters" means--
(A) the territorial sea of the United States;
(B) the exclusive economic zone of the United States; and
(C) the continental shelf of the United States, as it pertains to marine scientific research and other activities on the seabed or subsoil.
SEC. 1284. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to limit espionage and influence operations by foreign adversaries in the Arctic and in United States waters;
(2) to inform allied countries with a presence in the Arctic about the espionage and influence operations of foreign adversaries in the Arctic, including espionage through covered activities;
(3) to condition support from the Federal Government for marine surveys on cooperation with counterespionage in the Arctic and in United States waters, including limitations on information sharing of data obtained through covered activities in the Arctic and in United States waters; and
(4) to leverage all appropriate diplomatic means available to ensure the security of the Arctic and the sovereignty of United States waters through the enforcement of section 1286, including through--
(A) demarches;
(B) public condemnations;
(C) diplomatic sanctions;
(D) coordination of multilateral diplomatic pressure;
(E) any other diplomatic means authorized by law; and
(F) maintaining robust participation of the United States in the Arctic Council to limit Chinese and Russian efforts to undermine the interests of the United States in the Arctic.
SEC. 1285. STRATEGY.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of the elements of the intelligence community and the Secretary of Homeland Security, shall produce a strategy to identify and combat espionage and influence operations by foreign adversaries in the Arctic.
(b) Elements.--The strategy required by paragraph (1) shall include--
(1) identifying and countering espionage activities in the Arctic;
(2) diplomatic methods to enforce section 1286; and
(3) as appropriate, enlistment of and coordination with allied countries that have a presence in the Arctic to combat espionage by foreign adversaries.
SEC. 1286.
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MARINE SCIENTIFIC RESEARCH IN UNITED STATES
WATERS.
(a) In General.--No foreign scientist may conduct a marine scientific research project in United States waters without prior consent from the United States Government provided in accordance with this section and with appropriate international customs.
(b) Requirements; Applications.--The Secretary of State, in coordination with the heads of the elements of the intelligence community and the Secretary of Homeland Security, shall--
(1) require foreign vessels to obtain prior consent to conduct marine scientific research in United States waters; and
(2) implement a process for reviewing applications for such consent.
(c) Information Sharing.--To facilitate the process for reviewing applications to conduct marine scientific research under this section, the head of each agency shall share information related to such marine scientific research with the Department of State unless otherwise prohibited by law.
(d) Prohibition on Covered Vessels.--Except as provided in subsection (e) or as necessary to abide by appropriate international customs, applications submitted under this section for any covered vessels shall not be approved.
(e) National Interest Waiver.--
(1) In general.--The Secretary of State may waive the prohibition in subsection (d) on an individual basis if the Secretary determines that doing so is the national interest of the United States.
(2) Notice required.--Not later than 5 days after any issuance of a waiver under paragraph (1), the Secretary of State shall submit to the appropriate committees of Congress written notice describing the waiver.
(f) Congressional Notification.--
(1) In general.--Not later than 15 days after the Secretary of State determines a violation of subsection (a) has occurred, the Secretary shall notify the appropriate committees of Congress of such violation, in classified form.
(2) Elements.--Notice described in paragraph (1) shall include--
(A) the country affiliation of the foreign scientist;
(B) the nature of the violation; and
(C) subsequent action by the Federal Government to address the violation.
(g) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report that details--
(1) how the requirements of this section compare to the requirements of existing multilateral marine scientific research consent regimes; and
(2) the staffing and resources necessary for the Department of State to review applications under such consent regime in a manner that is timely and continues to encourage marine scientific research and scientific diplomacy.
SEC. 1287. REPORT.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of the elements of the intelligence community and the Secretary of Homeland Security, shall submit to the appropriate committees of Congress a report on espionage and influence operations by foreign adversaries in the Arctic and in United States waters.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An assessment of the extent to which covered activities support espionage and influence operations by foreign adversaries in the Arctic and in United States waters.
(2) A description of United States Government support for covered activities in the Arctic that involve foreign adversaries, including--
(A) funding;
(B) public-private partnerships;
(C) maritime security;
(D) technical assistance;
(E) information sharing;
(F) scientific research; and
(G) any other form of material or technical support.
(3) A description of efforts by the Secretary of State to enlist allied countries with a presence in the Arctic to combat espionage in the Arctic by foreign adversaries.
(4) Recommendations for combating such espionage.
(5) An assessment of the feasibility and potential utility of establishing a formal Arctic security information-sharing framework, under a new or existing framework or mechanism, among allied Arctic countries, as appropriate, such as Canada, the Kingdom of Denmark (including Greenland), the Kingdom of Norway, Finland, the Kingdom of Sweden, and Iceland, including mechanisms for the exchange of information and joint identification of dual-use maritime scientific activity, and the development of shared watchlists of high-risk vessels, entities, and individuals.
(6) An analysis of how existing multilateral agreements combat espionage and influence operations in the Arctic.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
(d) Availability.--The report required by subsection (a) shall be made available on request to any Member of Congress.
SA 6540. Mr. LEE (for himself 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:
Text printed in the Record (946 characters)
At the end of subtitle B of title V, add the following:
SEC. 508. TREATMENT OF FUNDS RECEIVED BY NATIONAL GUARD
BUREAU AS REIMBURSEMENT FROM STATES.
Section 710 of title 32, United States Code, is amended by adding at the end the following new subsection:
"(g) Any funds received by the National Guard Bureau from a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands as reimbursement under this section for the use of military property--
"(1) shall be credited to--
"(A) the appropriation, fund, or account used in incurring the obligation; or
"(B) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made; and
"(2) may only be used by the Department of Defense for the repair, maintenance, or other similar functions related directly to assets used by National Guard units while operating under State active duty status.".
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SA 6541. Mr. MORAN (for himself and 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, 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:
Text printed in the Record (4,138 characters)
At the appropriate place in subtitle B of title I, insert the following:
SEC. __. AUTHORITY TO ENTER INTO LONG-TERM LEASES FOR HIGH
ACCURACY DETECTION AND EXPLOITATION SYSTEM
AIRCRAFT.
(a) Authority.--In accordance with section 3671(b)(1)(A) of title 10, United States Code, the Secretary of the Army may enter into one or more contracts for the long-term lease or charter (as defined in section 3674 of such title) of aircraft and associated mission equipment, service, and support for the High Accuracy Detection and Exploitation System (HADES) program.
(b) Contract Terms and Conditions.--A contract entered into under subsection (a)--
(1) shall not exceed ten years, including options;
(2) may include an option--
(A) to purchase the leased aircraft, in whole or in part, at any time beginning after the start of the fifth year of the contract; and
(B) to acquire title to all leased aircraft for any price, whether nominal or reasonable, as determined by the Secretary at the end of the contract period of performance;
(3) notwithstanding section 3671(a)(1)(B) of title 10, United States Code, shall include a provision, exercisable on an annual basis, that authorizes the Secretary to terminate the contract for the convenience of the Government and to return the aircraft to the contractor, with such termination liability as the Secretary determines to be in the best interest of the United States; and
(4) may include such other terms and conditions as the Secretary determines necessary to protect the interests of the United States.
(c) Funding.--Notwithstanding section 3675 of title 10, United States Code--
(1) a contract entered into under subsection (a) shall be treated, for the purposes of obligation of appropriations, as an operating lease (as defined in Appendix B to Office of Management and Budget Circular A-11), with budget authority required only in the amount of the payments due in each fiscal year, plus any cancellation or termination liability for that fiscal year;
(2) funds appropriated to the Department of the Army for operation and maintenance may be obligated and expended to carry out a contract entered into under subsection (a), including for any return-to-service fees, monthly service charges, and associated mission support costs; and
(3) in accordance with section 3672(a) of such title, funds are authorized to be appropriated to the Department of the Army for the purpose of entering into and carrying out a long-term lease or charter under subsection (a), subject to available appropriations.
(d) Advance Obligation Not Required.--The Secretary shall not be required to obligate in the first year of the contract the total amount of the lease, the estimated termination liability, or the net present value of all lease payments.
(e) Pre-award Congressional Notification.--In lieu of the congressional notification requirements in sections 3671(b), 3672(b), and 3677 of title 10, United States Code, not later than 30 days before entering into a contract under subsection (a), the Secretary of the Army shall submit to the congressional defense committees a notification that includes the following:
(1) A description of the proposed contract, including the number of aircraft, contract term, and total estimated cost.
(2) A comparison of the projected life-cycle cost of the lease to the projected life-cycle cost of an equivalent procurement.
(3) A description of how the contract advances the intelligence, surveillance, and reconnaissance requirements of the Army.
(f) Sunset.--
(1) Authority to enter into new contracts.--The authority of the Secretary to enter into a new contract under subsection (a) shall expire on September 30, 2030.
(2) Continuation of existing contracts.--The expiration of authority to enter into new contracts under this subsection shall not affect the validity or enforceability of, or the authority of the Secretary to perform, administer, or terminate, any contract entered into under subsection (a) on or before September 30, 2030, including any options or extensions exercised pursuant to the original terms of such contract.
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SA 6542. Mrs. CAPITO (for herself and Mr. Whitehouse) 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:
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At the end of subtitle G of title X, add the following:
SEC. 1___. 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.
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SA 6543. Ms. ALSOBROOKS 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:
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At the end of subtitle E of title V, add the following:
SEC. 549F. DEFENSE INFORMATION SCHOOL: AUTHORITY TO GRANT
ASSOCIATE'S DEGREE IN COMMUNICATIONS.
(a) Authority.--Chapter 108 of title 10, United States Code, is amended by adding at the end the following new section:
"Sec. 2169a. Defense Information School: degree of associate
of arts
"(a) Degree Granting Authority.--Pursuant to regulations prescribed by the Secretary of Defense, the Commandant of the Defense Information School may confer upon a student of the Defense Information School an associate of arts degree in communications.
"(b) Limitation.--A degree may be conferred upon a student under this section only after the Provost of the Defense Information School certifies to the Commandant that the student has satisfied all the requirements prescribed for the degree.".
(b) Reporting.--
(1) Report required.--Not later than one year after the date of the enactment of this Act, and annually thereafter, subject to termination under paragraph (3), the Secretary of Defense shall submit to the congressional defense committees a report regarding the implementation of section 2169a of such title, as added by subsection (a).
(2) Elements.--A report under this subsection shall include the plan and timeline of the Secretary to carry out such implementation.
(3) Termination.--The report under this subsection shall terminate on the day that the Commandant of the Defense Information School first confers a degree under such section.
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SA 6544. Ms. ALSOBROOKS 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:
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In section 342(b), add at the end the following:
(6) include an assessment, prepared in collaboration with the Federal Aviation Administration, of any security risks posed by air
traffic control systems being defined, developed, tested, procured, or implemented through the "Brand New Air Traffic Control System", including risks or vulnerabilities posed by any legal or business relationship of a supporting third party with a country listed in section 202.601 of title 28, Code of Federal Regulations (as in effect on the date of the enactment of this Act) or any entity owned or controlled by such a country.
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SA 6545. Ms. ALSOBROOKS 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:
Text printed in the Record (522 characters)
At the end of subtitle C of title VI, add the following:
SEC. 624. USE OF COMMISSARY STORES BY EMPLOYEES OF DEPARTMENT
OF DEFENSE EDUCATION ACTIVITY AND MILITARY
CHILD AND YOUTH PROGRAMS.
Section 1066(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
"(3) An employee of the Department of Defense Education Activity or a military child and youth program may be permitted to use commissary stores on the same basis as members of the armed forces on active duty.".
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SA 6546. Mr. WARNER 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:
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At the end of subtitle G of title X, add the following:
SEC. 1094. DISCLOSURES AND REPORTS REGARDING ARTIFICIAL
INTELLIGENCE-RELATED JOB IMPACTS.
(a) Covered Entity Disclosures.--
(1) In general.--Not more than 30 days after the last day of each quarter, a covered entity shall, with respect to such quarter, disclose to the Secretary any artificial intelligence-related job impact experienced by the entity in the United States (including any territory or possession of the United States), including--
(A) the number of individuals laid off by the covered entity in the United States (including any territory or possession of the United States) during the quarter that are substantially due to the replacement or automation by artificial intelligence of the functions performed by such individuals;
(B) the number of individuals hired by the covered entity in the United States (including any territory or possession of the United States) during the quarter that are substantially due to the incorporation of artificial intelligence;
(C) the number of positions of the covered entity in the United States (including any territory or possession of the United States) that were occupied at any point during the prior quarter for which the covered entity has decided not to fill based on a reason that is substantially due to the replacement or automation by artificial intelligence of the functions of such positions;
(D) the number of individuals in the United States (including any territory or possession of the United States) whom the covered entity is retraining, or assisting in retraining, based on a reason that is substantially due to artificial intelligence; and
(E) any other information related to artificial intelligence-related job impacts, as determined appropriate by the Secretary.
(2) NAICS codes.--With respect to each artificial intelligence-related job impact disclosure under paragraph (1), the covered entity shall provide in such disclosure the corresponding North American Industry Classification System codes.
(3) Surveys.--
(A) In general.--As determined appropriate by the Secretary, the Secretary may--
(i)(I) revise an existing survey conducted by the Secretary as of the date of enactment of this Act to incorporate the disclosures required under this subsection into such a survey; or
(II) collaborate with the Bureau of the Census to revise an existing survey conducted by the Bureau of the Census as of the date of enactment of this Act, or an existing survey conducted as of such date of enactment by the Secretary in partnership with the Bureau of the Census, to incorporate the disclosures required under this subsection into such a survey; and
(ii) allow covered entities to comply with the requirements of this subsection by making such disclosures through such survey.
(B) Bureau of the census surveys.--In the case the disclosures required under this subsection are incorporated pursuant to subparagraph (A) into a survey conducted by the Bureau of the Census that is not a survey conducted in partnership with the Secretary, the Bureau of the Census shall, for each quarter, share the data from such disclosures with the Secretary in order for the Secretary to prepare the reports required under subsection (b).
(b) Department of Labor Reports.--The Secretary, in consultation with the Director of the Office of Management and Budget and the Director of the Office of Personnel Management, shall--
(1) for each quarter, prepare a report--
(A) summarizing the data from disclosures submitted under subsection (a) during the quarter; and
(B) for the quarter ending on December 31, summarizing such data for the calendar year;
(2) for every other quarter, prepare a report analyzing the net impact of the data contained in the report under paragraph (1) for such quarter and for the preceding quarter, and any other relevant data available to the Secretary with respect to artificial intelligence-related job impacts; and
(3) not more than 60 days after the last day of each quarter--
(A) publish each report prepared for the quarter under paragraph (1) and, as applicable, paragraph (2), and the data underlying such reports on the website of the Bureau of Labor Statistics; and
(B) submit each such report to Congress.
(c) Application to Non-Publicly-Traded Companies.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Securities and Exchange Commission and the Secretary of the Treasury, shall issue regulations to determine the extent to which non-publicly-traded companies shall be included as subject to the reporting requirements under subsection (a).
(2) Scope of rulemaking.--The regulations issued under this subsection shall--
(A) identify for such inclusion categories of non-publicly-traded companies that have a significant workforce, estimated enterprise value, or employment impact on a regional or national basis;
(B) consider for such inclusion thresholds with respect to non-publicly-traded companies, such as--
(i) the number of employees employed by such companies;
(ii) the annual revenue of such companies; or
(iii) the industry classification under the North American Industry Classification System for such companies;
(C) ensure that any reporting requirements under subsection (a) applicable to a non-publicly-traded company are proportionate to the size and capacity of such company; and
(D) establish procedures for the confidential submission and publication of data of non-publicly-traded companies in order to protect the proprietary or personally identifiable information of such companies.
(3) Public comment.--In issuing the regulations under this subsection, the Secretary shall provide for notice and comment in accordance with section 553 of title 5, United States Code.
(d) Definitions.--In this section:
(1) Artificial intelligence.--The term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(2) Covered entity.--The term "covered entity" means--
(A) an entity that is--
(i) a publicly-traded company; or
(ii) an agency, as defined in section 551 of title 5, United States Code; and
(B) an entity that--
(i) is a non-publicly-traded company; and
(ii) is identified by the Secretary through regulations issued under subsection (c) for inclusion as subject to the requirements under subsection (a).
(3) Non-publicly-traded company.--
(A) In general.--The term "non-publicly-traded company" means a business entity engaged in interstate commerce that--
(i) is not an issuer, the securities of which are listed on a national securities exchange; and
(ii) is not otherwise required to file reports with the Securities and Exchange Commission under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)).
(B) Securities definitions.--In this paragraph--
(i) the terms "exchange", "issuer", and "security" have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and
(ii) the term "national securities exchange" means an exchange registered pursuant to section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f).
(4) Publicly-traded company.--The term "publicly-traded company" has the meaning given the term in section 5003(a) of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c(a)).
(5) Quarter.--The term "quarter" has the meaning given the term "calendar quarter" in section 5061(d)(4)(C) of the Internal Revenue Code of 1986.
(6) Secretary.--The term "Secretary" means the Secretary of Labor, acting through the Commissioner of Labor Statistics.
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SA 6547. Mr. CRAMER (for himself and Mr. Warner) 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:
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At the end of subtitle E of title XII, add the following:
SEC. 1271. 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".
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SA 6548. Mr. LEE 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:
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At the appropriate place, insert the following:
SEC. ___. NUCLEAR ENERGY LAUNCH PAD.
Section 958 of the Energy Policy Act of 2005 (42 U.S.C. 16278) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
"(g) Nuclear Energy Launch Pad.--
"(1) Definitions.--In this subsection:
"(A) Advanced nuclear technology.--The term `advanced nuclear technology' includes--
"(i) an advanced nuclear reactor; and
"(ii) a nuclear fuel cycle facility.
"(B) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary for Nuclear Energy.
"(C) Eligible private entity.--The term `eligible private entity' means a private entity that the Assistant Secretary determines has an adequately mature design for, sufficient financial resources and expertise in, and a high chance of success in testing or demonstrating the commercial feasibility of advanced nuclear technologies.
"(D) Launch pad.--The term `Launch Pad' means the Nuclear Energy Launch Pad established by paragraph (2).
"(E) Nuclear energy launch pad zone.--The term `Nuclear Energy Launch Pad Zone' means a Nuclear Energy Launch Pad Zone designated by the Assistant Secretary under paragraph (3).
"(2) Establishment.--There is established within the Office of Nuclear Energy a program, to be known as the `Nuclear Energy Launch Pad', as a component of the program under subsection (a).
"(3) Nuclear energy launch pad zones.--
"(A) In general.--In carrying out the Launch Pad, the Assistant Secretary shall identify and designate secure, authorized areas of Federal land, including land owned or controlled by the Department and National Laboratory sites as Nuclear Energy Launch Pad Zones for the purpose of testing and demonstrating the commercial feasibility of advanced nuclear technologies by eligible private entities under authorities of the Department, including nuclear fuel cycle facilities necessary to support the testing and demonstration of other advanced nuclear technologies, to enable access to streamlined licensing opportunities and facilitate transition to commercial operation under Nuclear Regulatory Commission authorities after testing and demonstration activities are complete.
"(B) Additional pathways.--In addition to Nuclear Energy Launch Pad Zones designated under subparagraph (A), the Assistant Secretary shall, in carrying out the Launch Pad, provide a pathway for testing and demonstrating the commercial feasibility of advanced nuclear technologies by eligible private entities under the authorities of the Department at non-Federal sites, which, on completion of the pathway, shall also be designated as Nuclear Energy Launch Pad Zones.
"(4) Responsibilities and development activities.--The Assistant Secretary shall ensure the success and acceleration of testing and demonstration projects within Nuclear Energy Launch Pad Zones by carrying out each of the following activities in Nuclear Energy Launch Pad Zones located on land owned or controlled by the Department and National Laboratory sites:
"(A) Basic infrastructure.--Providing to the extent practicable, basic access infrastructure to eligible private entities selected under paragraph (5)(A), including roads, electric power, water, and fiber optic communication connectivity.
"(B) Land characterization.--Carrying out land characterization and assessment activities through the program under subsection (a), as appropriate, necessary to facilitate accelerated deployment, including biological, cultural, and other environmental surveys required for the testing and demonstration of advanced nuclear technologies.
"(5) Private entity solicitation and selection.--
"(A) Competitive process.--
"(i) In general.--The Assistant Secretary, acting through the program under subsection (a), shall solicit and select eligible private entities for participation in the Launch Pad through an advertised, competitive process designed to select the most promising advanced nuclear technologies.
"(ii) Initial solicitations.--Not later than 180 days after the date of enactment of this paragraph, the Assistant Secretary shall--
"(I) finalize the competitive process required under clause (i); and
"(II) begin soliciting eligible private entities pursuant to that clause.
"(B) Agreements.--
"(i) In general.--The Assistant Secretary shall seek to enter into flexible agreements with eligible private entities selected under subparagraph (A) to grant rights of use, occupancy, and operation within Nuclear Energy Launch Pad Zones.
"(ii) Inclusions.--An agreement under clause (i) may take the form of--
"(I) an enhanced use lease;
"(II) a transaction authorized under section 646(g) of the Department of Energy Organization Act (42 U.S.C. 7256(g));
"(III) a Strategic Partnership Project agreement with the Department's management and operations contractor for a National Laboratory; or
"(IV) any other contractual instrument that the Assistant Secretary determines appropriate for a given project.
"(6) Streamlined licensing pathways.--The Assistant Secretary shall seek to leverage the existing Department authorities for advanced nuclear technologies and the existing framework for coordination with the Nuclear Regulatory Commission, including the memorandum of understanding between the Department and the Nuclear Regulatory Commission relating to nuclear energy innovation and effective on October 7, 2019 (including subsequent addenda to that memorandum), or, if necessary, may enter into a new memorandum of understanding to provide for expedited licensing pathways for advanced nuclear technologies that are tested or demonstrated under the Launch Pad.
"(7) DoE authorities.--A facility constructed and operated under the Launch Pad for testing and demonstration purposes shall be considered to be under contract with and for the account of the Department for purposes of section 110 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2140(a)).
"(8) Non-federal cost responsibility.--Eligible private entities selected to participate in the Launch Pad under paragraph (5)(A) shall bear the full costs of design, construction, operation, and decommissioning of advanced nuclear technologies authorized under the Launch Pad.
"(9) Financial assurance.--
"(A) In general.--The Assistant Secretary may require, as a condition of an agreement under paragraph (5)(B)(i), that an eligible private entity provide financial assurance in such form, amount, and duration as the Assistant Secretary determines appropriate to ensure the fulfillment of obligations to the Department in the event of abandonment, default, or other failure to perform.
"(B) Types of assurance; phased basis.--Financial assurance under this paragraph--
"(i) may include surety bonds, letters of credit, insurance, parent company guarantees, or other financial instruments acceptable to the Assistant Secretary; and
"(ii) may be established on a phased basis in accordance with project development milestones, including to cover decommissioning, site restoration, and related costs.
"(10) Savings provision.--Nothing in this subsection limits or otherwise diminishes the statutory authority of the Secretary under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) or any other provision of law, including with respect to activities performed off of Federal Government-owned or Federal Government-controlled sites.".
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SA 6549. 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:
Text printed in the Record (1,928 characters)
At the end of subtitle A of title IV, add the following:
SEC. 402. EXCLUSION FROM ACTIVE-DUTY PERSONNEL END STRENGTH
LIMITATIONS OF CERTAIN MILITARY PERSONNEL.
(a) Exclusion.--Except as provided in subsection (d), members of the Armed Forces on active duty who are assigned to an entity specified in subsection (b) for any of the duties specified in subsection (c) shall not count toward any end strength limitation for active-duty personnel otherwise applicable to members of the Armed Forces on active duty.
(b) Specified Entities.--The entities specified in this subsection are the following:
(1) The military departments.
(2) The Defense Security Cooperation Agency.
(3) The combatant commands.
(c) Specified Duties.--The duties specified in this subsection are the following:
(1) Duty in connection with the Foreign Military Sales (FMS) program.
(2) Duty at an embassy of the United States in support of bilateral security cooperation.
(3) Duty at an embassy of the United States in support of intelligence requirements.
(d) Inapplicability to General and Flag Officers.--Subsection (a) shall not apply with respect to any general or flag officer assigned as described in that subsection.
(e) Rule of Construction.--The exclusion described in subsection (a) shall only be applied in instances when--
(1) any additional revenues relating to the activities described in subsection (c) as a result of the exclusion provided in subsection (a) could be reasonably expected to offset any additional personnel costs relating to the exclusion provided under subsection (a); or
(2) any cost avoidance achieved by the exclusion provided under subsection (a) as a result of increased burdensharing by security partners and allies relating to the activities described in subsection (c) could be reasonably expected to offset any additional personnel costs relating to the exclusion provided under subsection (a).
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SA 6550. 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:
Text printed in the Record (519 characters)
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) Offset.--The amount authorized to be appropriated by this Act for the Defense-wide working capital fund is hereby reduced by $50,000,000.
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SA 6551. 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:
Text printed in the Record (7,627 characters)
At the appropriate place in title ___, 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) 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 by making new agreements and continuing existing agreements with institutions of higher education (as defined by the Administrator) under which the institutions prepare students for the position of air traffic controller with the Department of Transportation (as defined in section 2109 of title 5). The Administrator may establish standards for the entry of institutions into the program and for their continued participation.
"(2) Appointment of program graduates.--The Administrator of the Federal Aviation Administration 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).
"(3) Enhanced air traffic-collegiate training initiative grant program.--
"(A) Establishment.--The Administrator of the Federal Aviation Administration shall establish and carry out a grant program to award grants to institutions of higher education (as defined by the Administrator) that have been approved to, or are seeking to (as determined appropriate by the Administrator), participate in the Enhanced Air Traffic-Collegiate Training Initiative program described in paragraph (1).
"(B) Grants.--
"(i) Use of funds.--An institution of higher education shall use a grant awarded under this paragraph for the following purposes:
"(I) To implement curriculum for the Enhanced Air Traffic-Collegiate Training Initiative program described in paragraph (1).
"(II) To provide faculty, simulators, and other necessary classroom supplies to the Enhanced Air Traffic-Collegiate Training Initiative program.
"(III) For any other purpose determined appropriate by the Administrator of the Federal Aviation Administration, including providing medical certificates and FAA-required tests.
"(ii) Eligibility.--To be eligible to receive a grant under this paragraph, an institution of higher education shall submit an application to the Administrator of the Federal Aviation Administration at such time, in such form, and containing such information as the Administrator may require.
"(iii) Funding.--
"(I) In general.--There is authorized to be appropriated $20,000,000 for each of fiscal years 2027 through 2032 to carry out this paragraph.
"(II) Federal share of costs.--The Federal share of costs for a grant under this paragraph shall be 90 percent.".
(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 academy and collegiate training initiative program curriculum 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 used in the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program;
(ii) develop findings and recommendations regarding the improvement and modernization of such curricula; and
(iii) 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; and
(vi) aviation safety experts and other experts 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.
(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.
(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 to 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 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 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 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.
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SA 6552. Mr. PETERS (for himself and Mr. Cornyn) 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:
Text printed in the Record (4,460 characters)
At the appropriate place, insert the following:
SEC. ____. STRONG COMMUNITIES ACT OF 2026.
(a) Short Title.--This section may be cited as the "Strong Communities Act of 2026".
(b) Strong Communities 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) COPS Strong Communities Program.--
"(1) Definitions.--In this subsection:
"(A) Eligible entity.--The term `eligible entity' means--
"(i) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), that, in coordination or through an agreement with a local law enforcement agency, offers a law enforcement training program; or
"(ii) a local law enforcement agency that offers a law enforcement training program.
"(B) Local law enforcement agency.--The term `local law enforcement agency' means an agency of a State, unit of local government, or Indian Tribe that is 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.
"(2) Grants.--The Attorney General may use amounts otherwise appropriated to carry out this section for a fiscal year (beginning with fiscal year 2025) to make competitive grants to local law enforcement agencies to be used for officers and recruits to attend law enforcement training programs at eligible entities if the officers and recruits agree to serve in law enforcement agencies in their communities.
"(3) Eligibility.--To be eligible for a grant through a local law enforcement agency under this subsection, each officer or recruit described in paragraph (2) shall--
"(A) serve as a full-time law enforcement officer for a total of not fewer than 4 years during the 8-year period beginning on the date on which the officer or recruit completes a law enforcement training program for which the officer or recruit receives benefits;
"(B) complete the service described in subparagraph (A) in a local law enforcement agency located within--
"(i) 7 miles of the residence of the officer or recruit where the officer or recruit has resided for not fewer than 5 years; or
"(ii) if the officer or recruit resides in a county with fewer than 150,000 residents, within 20 miles of the residence of the officer or recruit where the officer or recruit has resided for not fewer than 5 years; and
"(C) submit to the eligible entity providing a law enforcement training program to the officer or recruit evidence of employment of the officer or recruit in the form of a certification by the chief administrative officer of the local law enforcement agency where the officer or recruit is employed.
"(4) Repayment.--
"(A) In general.--If an officer or recruit does not complete the service described in paragraph (3), the officer or recruit shall submit to the local law enforcement agency an amount equal to any benefits the officer or recruit received through the local law enforcement agency under this subsection.
"(B) Regulations.--The Attorney General shall promulgate regulations that establish categories of extenuating circumstances under which an officer or recruit may be excused from repayment under subparagraph (A).".
(c) Transparency.--Not less frequently than annually, 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 details, with respect to recipients of grants under section 1701(q) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b)--
(1) during the 1-year period preceding the date of the report--
(A) the number and location of those recipients; and
(B) the number of law enforcement officers and recruits each recipient intends to send to law enforcement training programs at eligible entities (as defined in paragraph (1) of such section 1701(q)) with amounts from the grant; and
(2) during the period between the date of enactment of this Act and the date of the report--
(A) the number of law enforcement officers or recruits who attended the training described in paragraph (1)(B) with amounts from the grant and returned from the training as employees of the recipient; and
(B) the number of law enforcement officers or recruits described in subparagraph (A) who remain an employee of the recipient.
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SA 6553. 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:
Text printed in the Record (526 characters)
At the appropriate place in subtitle G of title X, insert the following:
SEC. __. ESTABLISHMENT OF NEW PRIORITY GROUP 1 SUB-PRIORITY
UNDER DEPARTMENT OF VETERANS AFFAIRS' STATE
HOME CONSTRUCTION GRANT PROGRAM.
Not later than April 15, 2027, the Secretary of Veterans Affairs shall establish a new priority group 1 sub-priority under the State Home Construction Grant Program of the Department of Veterans Affairs for States with bed needs that are not less than two-hours driving distance from existing facilities.
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SA 6554. 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:
Text printed in the Record (2,181 characters)
At the appropriate place in title III, insert the following:
SEC. ___. REPORT ON AIRSPACE INTEGRATION.
(a) Findings.--Congress makes the following findings:
(1) Unmanned aircraft systems can perform a variety of applications, including cargo delivery and perimeter security, at military installations located within the United States.
(2) Military installations located within the United States require the ability to defend themselves from the malicious use of unmanned aircraft systems, including the ability to detect, identify, and track potential threats as distinguished from the legitimate use of such systems.
(3) Airspace awareness and management are critical to enabling the Department of Defense to leverage the benefits of unmanned aircraft systems and to mitigate the risks posed by the malicious use of such systems within the national airspace system.
(b) Report Required.--
(1) In general.--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 report on the integration of unmanned aircraft systems and counter-unmanned aircraft systems of the Department of Defense into the national airspace system.
(2) Elements.--The report required under paragraph (1) shall describe the following:
(A) The offices and officials directly responsible for developing and deploying airspace awareness and unmanned traffic management capabilities that ensure unmanned aircraft systems of the Department of Defense safely and effectively integrate into the national airspace system.
(B) Any programs specifically mandated to develop or validate airspace awareness or unmanned traffic management systems that support activities of the Department in the national airspace system.
(C) Efforts of the Department to coordinate with the Federal Aviation Administration to develop and operate airspace awareness and unmanned traffic management systems.
(D) Plans to use existing programs, test activities, operational demonstrations and rapid prototyping efforts to integrate unmanned aircraft systems and counter-unmanned aircraft systems into the national airspace system.
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SA 6555. 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:
Text printed in the Record (523 characters)
At the appropriate place, insert the following:
SEC. __. PROVISION OF TUITION ASSISTANCE TO MEMBERS OF AIR
NATIONAL GUARD.
The Secretary of the Air Force shall establish a permanent program to pay, under section 2007 of title 10, United States Code, all or a portion of the charges of an educational institution for the tuition or expenses of a member of the Air National Guard who is in compliance with the training requirements under regulations prescribed under section 502(a) of title 32, United States Code.
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SA 6556. 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:
Text printed in the Record (1,226 characters)
At the appropriate place in title II, insert the following:
SEC. ___. TEST, EVALUATION, EXERCISES, AND EXPERIMENTS FOR
PROTECTION OF CERTAIN FACILITIES AND ASSETS
FROM UNMANNED AIRCRAFT.
Section 130i of title 10, United States Code, is amended--
(1) by redesignating subsections (c) through (j) as subsections (d) through (k), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
"(c) Test, Evaluation, Exercises, and Experiments.--(1) The Secretary shall conduct such tests, evaluations, exercises, and experiments as the Secretary considers necessary to support the actions described in subsection (b)(1).
"(2)(A) The Secretary may, on a case-by-case basis, delegate the authority to conduct the activities in paragraph (A) to an official from a qualified public entity.
"(B) For purposes of subparagraph (A), the term `qualified public entity' means a Federal, State, or local entity, including an academic institution, that--
"(i) has experience conducting tests of unmanned aircraft, counter-unmanned aircraft systems and associated equipment; and
"(ii) the Secretary determines will prioritize the protection of people, ground infrastructure, and other aircraft.".
______
SA 6557. Ms. KLOBUCHAR 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:
Text printed in the Record (5,992 characters)
At the appropriate place in subtitle G of title X, insert the following:
SEC. __. IMPROVING NOTIFICATION PROCEDURES IN CASE OF
INCREASED DEMAND FOR CRITICAL DRUGS.
(a) In General.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended--
(1) in the section heading, by striking "discontinuance or interruption in the production of life-saving drugs" and inserting "notification of issues affecting domestic supply of critical drugs";
(2) by striking subsections (a), (b), and (c), and inserting the following:
"(a) Notification Required.--
"(1) In general.--A manufacturer of a covered drug shall notify the Secretary, in accordance with subsection (b), of--
"(A)(i) a permanent discontinuance in the manufacture of the drug or an interruption of the manufacture of the drug that is likely to lead to a meaningful disruption in the supply of such drug in the United States;
"(ii) a permanent discontinuance in the manufacture of an active pharmaceutical ingredient of such drug, or an interruption in the manufacture of an active pharmaceutical ingredient of such drug that is likely to lead to a meaningful disruption in the supply of the active pharmaceutical ingredient of such drug; or
"(iii) any other circumstance, such as an increase in demand or export restriction, that is likely to leave the manufacturer unable to meet demand for the drug without a meaningful shortfall or delay; and
"(B) the reasons for such discontinuance, interruption, or other circumstance, if known.
"(2) Contents.--Notification under this subsection with respect to a covered drug shall include--
"(A) with respect to the reasons for the discontinuation, interruption, or other circumstance described in paragraph (1)(A)(iii), if an active pharmaceutical ingredient is a reason for, or risk factor in, such discontinuation, interruption, or other circumstance, the source of the active pharmaceutical ingredient and any alternative sources for the active pharmaceutical ingredient known to the manufacturer;
"(B) whether any associated device used for preparation or administration included in the drug is a reason for, or a risk factor in, such discontinuation, interruption, or other circumstance described in paragraph (1)(A)(iii);
"(C) the expected duration of the interruption; and
"(D) such other information as the Secretary may require.
"(b) Timing.--A notice required under subsection (a) shall be submitted to the Secretary--
"(1) at least 6 months prior to the date of the discontinuance or interruption;
"(2) in the case of such a notice with respect to a circumstance described in subsection (a)(1)(A)(iii), as soon as practicable, or not later than 10 business days after the onset of the circumstance; or
"(3) if compliance with paragraph (1) or (2) is not possible, as soon as practicable.
"(c) Notification and Distribution.--
"(1) Distribution.--To the maximum extent practicable, the Secretary shall distribute, through such means as the Secretary determines appropriate, information on the discontinuance or interruption of the manufacture of, or other circumstance described in subsection (a)(1)(A)(iii) that is likely to lead to a shortage or meaningful disruption in the supply of, covered drugs to appropriate organizations, including physician, health provider, and patient organizations, as described in section 506E.
"(2) Notification to the department of defense.--The Secretary shall notify the Secretary of Defense each time a notification is submitted to the Secretary under subsection (a).";
(3) in subsection (g), in the matter preceding paragraph (1), by striking "drug described in subsection (a)" and inserting "covered drug"; and
(4) in subsection (j), by striking "drug described in subsection (a)" and inserting "covered drug".
(b) Definitions.--Paragraph (1) of section 506C(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c(h)) is amended to read as follows:
"(1) the term `covered drug' means a drug that is intended for human use and that--
"(A) is--
"(i) life-supporting;
"(ii) life-sustaining; or
"(iii) intended for use in the prevention or treatment of a debilitating disease or condition, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act;
"(B) is not a radio pharmaceutical drug product or any other product as designated by the Secretary; and
"(C) is not a biological product (as defined in section 351(i) of the Public Health Service Act), unless otherwise provided by the Secretary in the regulations promulgated under subsection (i);".
(c) Reporting on Supply Chains.--Section 510(j)(3)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(j)(3)(A)) is amended--
(1) by striking "annually to the Secretary" in the first sentence and inserting "to the Secretary, once during the month of March each year and once during the month of September each year,";
(2) by inserting ", and the legal names of, and any additional information the Secretary may require, regarding suppliers of active pharmaceutical ingredients and intermediate and in-process materials such person used for the manufacture, preparation, propagation, compounding, or processing of such drug, and the amount of such drug manufactured, prepared, propagated, compounded, or processed using each such active pharmaceutical ingredient or intermediate or in-process material sourced from each such supplier" before the period at the end of the first sentence; and
(3) by inserting after the first sentence the following: "In addition to the reporting required under the preceding sentence, each person who registers with the Secretary under this section with regard to a drug may voluntarily report on the information described in the preceding sentence, at such other times as the Secretary may specify.".
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SA 6558. 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:
Text printed in the Record (401 characters)
At the appropriate place, insert the following:
SEC. __. JOB CORPS TRANSITION HUB TO SUPPORT SENTINEL
PROGRAM.
Not later than one year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Air Force, shall designate a Job Corps Transition Hub to support the workforce needs of the Sentinel program of the Department of the Air Force.
______
SA 6559. Mr. RISCH (for himself and Mrs. Shaheen) 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:
Text printed in the Record (42 characters)
At the end of the bill, add the following:
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL YEAR 2027
Text printed in the Record (236 characters)
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. 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. Sec. 8201. Streamlining move procedures. Sec. 8202. Bureau of Intelligence and Research personnel. Sec. 8203. Streamlining Arctic Ambassador responsibilities. Sec. 8204. Adversary alignment. Sec. 8205. Strategy on Department plan to reopen diplomatic facilities in Syria. Sec. 8206. Amendment to reflect the Bureau of Medical Services. Sec. 8301. Security review of science and technology agreement with the People's Republic of China. Sec. 8302. Internal report on smart cable analytics. Sec. 8303. Generative artificial intelligence enabled language translation. Sec. 8401. Mega-decade sports diplomacy. Sec. 8402. Strengthening United States response to adversarial propaganda. Sec. 8501. Report on Consular Affairs officers joining United States missions to Pacific Island countries. Sec. 8502. Expedited appointment program for major events. Sec. 8503. Secure Embassy Construction and Counterterrorism Act of 2022 implementation report. Sec. 8504. Counterintelligence unit at all critical counterintelligence threat posts. Sec. 8505. Authorization of certain public libraries to collect and retain fees for the acceptance and execution of passport applications. Sec. 8506. Review of tour lengths for Foreign Service officers at critical Human Intelligence threat posts. Sec. 8507. Modernization of consular forms. Sec. 8508. Expansion of limited consular appointment authority. Sec. 8509. Report on indefinite suspensions for members of the Civil Service. Sec. 8510. Limitation on waiver of passport expiration date requirement for nationals of countries requiring United States citizens to possess passports that expire at least 6 months after their departure. Sec. 8511. Artificial intelligence use for online presence review. Sec. 8601. Report on People's Republic of China global policing. Sec. 8602. Au pair regulation. Sec. 8603. Requirement for think tanks to disclose foreign funding. Sec. 8604. Marking and branding. Sec. 8605. Permitting for international bridges and land ports of entry. Sec. 8606. Arms Export Control Act increase for direct commercial contracts authority. Sec. 8607. Sunsetting the 180-day COVID obligation and expenditure reports. Sec. 8608. Clarification of notification, reporting, and consultation requirements. Sec. 8609. Congressional delegations. Sec. 8610. Modification of the special rule for countries downgraded from and reinstated to the tier 2 watch list in the Trafficking in Persons report. Sec. 8611. United States support to United Nations peacekeeping duplicative reporting. Sec. 8612. Cooperation Council for the Arab States of the Gulf privileges and immunities. Sec. 8613. Restrictions on stinger missile transfers to Bahrain. Sec. 8614. Alignment of Arms Export Control Act amendments with the Export Control Reform Act. Sec. 8615. Charge fees for and recover revenues from goods and services at United States Expo pavilions. Sec. 8616. Modernizing the not fully cooperating countries process. Sec. 8617. Change to the missile sanctions laws statutory references. Sec. 8618. Congressional notifications under the Arms Export Control Act. Sec. 8619. Report on critical language expertise. Sec. 8620. Use of artificial intelligence to meet congressional reporting requirements. Sec. 8621. Millenium Challenge Corporation compacts. Sec. 8622. Office of the Inspector General for Foreign Assistance. Sec. 8623. Strategy on maritime economic resilience. Sec. 8624. Modernization of international agreements related to critical undersea infrastructure. Sec. 8625. Embassy evacuation and notification planning. Sec. 8626. Young African Leaders Initiative. Sec. 8627. Extensions. Sec. 8700. Short titles.
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Chapter 1--Sanctions With Respect to the Russian Federation
Sec. 8701. Definitions.
subchapter a--sanctions with respect to russian shadow fleet
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.
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. Sec. 8703B. Report on specific licenses granted under Executive Order 14024.
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.
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. Sec. 8709. Sanctions described. Sec. 8709A. Exceptions; waivers. Sec. 8709B. Implementation. Sec. 8709C. Termination of sanctions authorities. 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. Sec. 8711. Short title. Sec. 8712. Sense of Congress. Sec. 8713. Definitions. Sec. 8714. Task force. Sec. 8715. Report. 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 Act/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. 8751. Sunset. Sec. 8761. Short title. Sec. 8762. Definitions.
Chapter 1--International Coordination and Engagement on Critical Undersea Infrastructure Sec. 8763. Findings. Sec. 8763A. Sense of Congress. Sec. 8763B. Enhancing United States Government engagement with relevant international bodies to safeguard United States interests. Sec. 8763C. Imposition of sanctions with respect to critical undersea infrastructure sabotage. Sec. 8763D. Report on activities by the People's Republic of China and the Russian Federation. Sec. 8763E. Report on potential sabotage of critical undersea infrastructure. Sec. 8763F. Engaging foreign partners to strengthen the security of critical undersea infrastructure.
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Chapter 2--Department of State Critical Undersea Infrastructure
Expertise
Sec. 8764. Expanding critical undersea infrastructure-related expertise at the Department of State.
Chapter 3--Subsea Communications Infrastructure Coordination,
Construction, and Repair
Sec. 8765. Improving United States Government coordination of subsea communications infrastructure. Sec. 8765A. Strengthening information sharing between United States Government and private sector actors on subsea communications infrastructure.
Subtitle F--Tech PATH/U.S. Technology Procurement and Access to Trusted Hardware
Sec. 8771. Short titles. Sec. 8772. Definitions. Sec. 8773. Sense of Congress. Sec. 8774. United States Technology Procurement Program. Sec. 8775. Office of United States Technology Procurement. Sec. 8776. Expanding necessary technology and related expertise at United States overseas missions. Sec. 8777. Extending authorization of appropriations for the Regional Technology Officer Program. Sec. 8778. Preserving market-based competition for cyber and digital technologies. Sec. 8779. Government Accountability Office report. Sec. 8780. Foreign Service officer technology career track feasibility study and report. Sec. 8780A. Derivation of funds.
Subtitle G--Countering China's Control of the Caucasus Act
Sec. 8791. Short title. Sec. 8792. Reports and briefings.
Sec. 8793. Annual report.
Sec. 8794. Report on the impact of United States assistance. Sec. 8794A. Strategy on ISIS-related detainee and displacement camps in Syria. Sec. 8794B. Strategy for engagement with Syrian authorities and for evaluating security at the United States mission. Sec. 8794C. Strategy to ensure the enduring defeat of ISIS in Syria.
Sec. 8795. Repeals of Syria sanctions statutes. Sec. 8796. Establishment of Ukraine Lessons Learned Task Force. Sec. 8797. Poland defense industrial cooperation program.
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.
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 of State, 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 of State, 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 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 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 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.
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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 to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives 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 include 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 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;
(4) describes monitoring and evaluation tools and metrics to ensure that the unit's objectives are being met; and
(5) includes a spending plan for the funds that have been appropriated to carry out the Countering Russian Influence Fund under section 7047(d) of the National Security, Department of State, and Related Programs Appropriations Act, 2026 (division F of Public Law 119-75).
(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.
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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 (2) 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.
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. BUREAU OF INTELLIGENCE AND RESEARCH PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that--
(1) intelligence analysis is a vital part of national security;
(2) excellent analysis results from years of study; and
(3) the experience necessary to best support national security cannot be quickly learned.
(b) In General.--A Foreign Service officer may not be assigned to or selected for any position in the Bureau of Intelligence and Research for positions higher than GS-12 or FS-03 unless such officer has at least 2 years of relevant intelligence experience.
SEC. 8203. 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. 8204. 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. 8205. 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 that a strategy 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. 8206. 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".
SEC. 8301. SECURITY REVIEW OF SCIENCE AND TECHNOLOGY
AGREEMENT WITH THE PEOPLE'S REPUBLIC OF CHINA.
(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 Commerce, Science, and Transportation of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Affairs of the House of Representatives;
(E) the Committee on Energy and Commerce of the House of Representatives; and
(F) the Committee on the Judiciary of the House of Representatives.
(2) 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).
(3) STA.--The term "STA" means the Agreement between the Government of the United States of America and the Government of the People's Republic of China on Cooperation in Science and Technology, signed at Washington January 31, 1979, its protocols, and any implementing agreements entered into pursuant to such Agreement on or before the date of the enactment of this Act.
(b) Security Review.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with relevant Federal science agencies and the intelligence community, shall conduct a security review of the United States-China Science and Technology Cooperation Agreement.
(2) Elements.--The review required under paragraph (1) shall--
(A) assess the potential risks of maintaining the STA, including the transfer under such agreement of technology or intellectual property capable of harming the national security interests of the United States or enabling the People's Republic of China Military Civil-Fusion strategy;
(B) assess the Secretary's ability to monitor compliance of the People's Republic of China's commitments established under the STA;
(C) evaluate the benefits of the STA agreement to the economy, military, industrial, and scientific base of the People's Republic of China and of the United States; and
(D) evaluate the value of the information and data the United States Government receives under the STA related to the People's Republic of China that the United States otherwise would not have access to should it withdraw its participation in the STA.
(c) Report.--
(1) In general.--Not later than 30 days after completing the review of the STA required under subsection (b), the Secretary shall submit a report to the appropriate committees of Congress detailing the findings of the review.
(2) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) Certification.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall certify to the appropriate committees of Congress whether it is in the national security interest of the United States to maintain its participation in the STA through its current duration.
(e) Guidance.--Not later than 90 days after the Secretary certifies that it is no longer in the national security interest of the United States to maintain its participation in the STA, the Secretary, in coordination with the heads of relevant Federal agencies, shall promulgate guidance on United States Federal science agency interactions with counterpart agencies in the People's Republic of China for the purposes of protecting United States technology, intellectual property, and research.
SEC. 8302. 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. 8303. 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.
Text printed in the Record (10,353 characters)
2651a(n)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
"(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).
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 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 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 plan to ensure an expeditious and secure visa process for athletes and their families and support staff and eligible international visitors planning to travel to the United States to attend major international sporting events, including reducing visa appointment wait times;
(E) a description of the financial and personnel support needed to implement the 5-year sports diplomacy strategy; and
(F) 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 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;
(F) to elevate United States arts, film, and music creators to promote cultural exchange and connection with foreign visitors; and
(G) to coordinate with Department and interagency stakeholders to ensure efficient and expeditious processing of visas for eligible international visitors, broadcasters, athletes, and support staff interested in attending major international sporting events in the United States.
(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 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.
SEC. 8501.
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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 of State 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. EXPEDITED APPOINTMENT PROGRAM FOR MAJOR EVENTS.
(a) In General.--Chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) is amended by adding at the end the following:
"SEC. 280A. EXPEDITED APPOINTMENT PROGRAM FOR MAJOR EVENTS.
"(a) 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 the Judiciary of the Senate;
"(C) the Committee on Foreign Affairs of the House of Representatives; and
"(D) the Committee on the Judiciary of the House of Representatives.
"(2) Event organizer.--The term `event organizer' means an entity responsible for administering ticketing or registration for a Major Event.
"(3) Major event.--The term `Major Event' means an event held in the United States that the Secretary, in coordination with the Secretary of Homeland Security, has designated as meeting the criteria established under subsection (b), including criteria relating to--
"(A) the expected number of foreign visitors;
"(B) the national or international scope of the event;
"(C) whether the event is ticketed or registration-based; and
"(D) the ability of the event organizer--
"(i) to verify attendees are ticketed or registered for the event; and
"(ii) to submit verified attendee information in accordance with subsection (f) not later than 60 days before the first day of the event.
"(4) Qualified event attendee.--The term `Qualified Event Attendee' means an alien who--
"(A) has purchased, obtained, or otherwise holds an official ticket or registration for a Major Event;
"(B) has been verified by the event organizer as ticketed or registered; and
"(C) is included on a verified attendee list submitted by the event organizer pursuant to subsection (f).
"(5) Secretary.--The term `Secretary' means the Secretary of State.
"(b) Registry of Major Events.--
"(1) Establishment.--Not later than 180 days after the date of the enactment of the Department of State Authorization Act for Fiscal Year 2027, the Secretary, in coordination with the Secretary of Homeland Security, shall establish and maintain a registry of Major Events for purposes of this section.
"(2) Criteria.--The Secretary, in coordination with the Secretary of Homeland Security, shall--
"(A) establish objective criteria for the designation of Major Events; and
"(B) make such criteria publicly available.
"(3) Application.--An event organizer may submit an application for designation of an event as a Major Event in such form, manner, and time as the Secretary may reasonably require.
"(4) Public list.--The Secretary shall maintain a publicly available list of events designated as Major Events.
"(c) Expedited Appointment Program.--
"(1) Establishment.--The Secretary shall establish an expedited appointment program to provide Qualified Event Attendees priority access to scheduling visa interview appointments at consular posts abroad.
"(2) Scheduling only.--The expedited appointment program established pursuant to paragraph (1)--
"(A) shall only provide priority scheduling; and
"(B) may not be construed--
"(i) to waive any visa eligibility requirement;
"(ii) to waive any documentary requirement;
"(iii) to waive or reduce screening, vetting, or security procedures;
"(iv) to guarantee visa issuance; or
"(v) to limit the authority of a consular officer to refuse a visa.
"(d) Event Visa Queue.--
"(1) Separate queue.--The Secretary shall require consular posts to maintain, in addition to any other appointment queues, a separate appointment scheduling queue for Qualified Event Attendees.
"(2) Priority scheduling.--The Secretary shall provide for priority scheduling for applicants in the appointment scheduling queue required under paragraph (1), subject to the safeguards described in subsection (h).
"(e) Period of Eligibility.--The Secretary shall establish, for each Major Event, a period during which Qualified Event Attendees may access the expedited appointment program, which shall--
"(1) begin on the date on which the Major Event is so designated pursuant to subsection (b); and
"(2) end after the conclusion of the event, as determined by the Secretary.
"(f) Event Organizer Obligations.--
"(1) Verified attendee list.--As a condition of designation of an event as a Major Event, the event organizer shall submit to the Secretary, in a secure manner and on a schedule determined by the Secretary, a verified attendee list containing such information as the Secretary determines to be necessary to administer this section.
"(2) Identity verification.--The event organizer shall verify the identity of each individual included on a verified attendee list.
"(3) Fraud prevention.--The Secretary shall require event organizers to implement reasonable controls to prevent fraud, including controls to prevent eligibility based on resale or unofficial tickets or registrations.
"(4) Noncompliance.--The Secretary may remove an event from the registry under subsection (b) or suspend the eligibility of such event under this section if the event organizer fails to comply with the requirements under this subsection.
"(5) Privacy and security.--The Secretary shall establish appropriate privacy and data security protocols for information submitted under this subsection, consistent with applicable law.
"(g) Staffing and Operational Measures.--The Secretary may take such measures as may be necessary to implement this section, including--
"(1) the temporary assignment or deployment of consular personnel; and
"(2) appointment scheduling capacity adjustments at consular posts experiencing event-driven demand.
"(h) Safeguards.--
"(1) No material degradation.--The Secretary shall implement this section in a manner that does not materially degrade appointment availability for other visa applicants.
"(2) Nondiscrimination.--The expedited appointment program shall be administered in a consistent and nondiscriminatory manner.
"(3) No additional applicant fee.--Except as provided in subsection (i), the Secretary may not impose an additional fee on an alien for participation in the expedited appointment program.
"(i) Optional Event Facilitation Surcharge.--
"(1) Authority.--The Secretary may establish a modest surcharge to support the administrative and operational costs of implementing this section.
"(2) Use of funds.--Amounts collected under this subsection shall be available to the Secretary, subject to appropriation, for purposes of administering this section, including administering staffing surges and scheduling improvements.
"(j) Reports.--
"(1) Annual 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, the Secretary shall submit a report to the appropriate congressional committees that describes the implementation of this section.
"(2) Post-event report.--Not later than 180 days after the conclusion of each Major Event, the Secretary shall submit a report to the appropriate congressional committees that describes the implementation of this section with respect to such event.".
(b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 280 the following:
"Sec. 280A. Expedited appointment program for major events.". (c) No Private Right of Action.--Nothing in the amendments made by this section may be construed to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person. (d) Effective Date.--This section, and the amendments made by this section, shall take effect on the date of the enactment of this Act.
SEC. 8503.
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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 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. 8504. 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. 8505. 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 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 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. 8506. 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 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.
SEC. 8507. 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.
SEC. 8508. 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. 8509. 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. 8510. LIMITATION ON WAIVER OF PASSPORT EXPIRATION DATE
REQUIREMENT FOR NATIONALS OF COUNTRIES
REQUIRING UNITED STATES CITIZENS TO POSSESS
PASSPORTS THAT EXPIRE AT LEAST 6 MONTHS AFTER
THEIR DEPARTURE.
(a) In General.--Section 212(a)(7)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(B)(ii)) is amended to read as follows:
"(ii) Reciprocity requirement.--Notwithstanding subsection (d)(4) and section 217, the passport expiration date requirement under clause (i) may only be waived with respect to a national of a foreign country to the extent such country similarly waives its passport expiration date requirement with respect to citizens of the United States.".
(b) Effective Date.--The amendment made by subsection (a) shall take effect on
the date that is 1 year after the date of the enactment of this Act.
SEC. 8511. 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.
SEC. 8601. REPORT ON PEOPLE'S REPUBLIC OF CHINA GLOBAL
POLICING.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary shall submit a report to the appropriate congressional committees that describes--
(1) significant developments in the People's Republic of China's international law enforcement engagements occurring during the 12-month period immediately preceding the submission of each such report;
(2) United States Government assessments of the impact of those engagements on United States interests; and
(3) United States Government and partner country efforts to address the growing influence of the People's Republic of China's international law enforcement activities.
(b) Elements.--Each report required under subsection (a) shall include--
(1) the implications for United States national security and interests of the People's Republic of China's commitments to sell or donate third countries with police training, resources, and funding;
(2) the foreign policy implications for United States national security and interests of People's Republic of China-supported international law enforcement facilities, the adoption of People's Republic of China-origin surveillance technology or other digital tools by foreign law enforcement partners, and joint training; and
(3) the implications for United States national security and interests of the People's Republic of China international police summits and major bilateral and multilateral engagements with foreign partners.
(c) Form of Report.--Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 8602.
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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 of State.
(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. 8603. 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. 8604. 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.) and paragraphs (3) and (5) of section 502(b) of the National Endowment for Democracy Act (title V of Public Law 98-164; 22 U.S.C. 4411) 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
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 Diplomacy and International Pandemic Prevention, Preparedness, and Response Act (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. 8605. 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. 8606. 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. 8607. 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. 8608. CLARIFICATION OF NOTIFICATION, REPORTING, AND
CONSULTATION REQUIREMENTS.
Section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) is amended by striking subsection (c) and inserting the following:
"(c) The President shall notify, report to, and consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives concerning any funds in the International Affairs Budget Function, the authorizations of appropriations for which are in their respective jurisdictions, to the same degree and with the same conditions as the President notifies, reports to, or consults with the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. The requirements under this subsection are in addition to, and not in lieu of, other notification, reporting, and consultation requirements.
"(d) Clarification.--No other provision of law, including any notwithstanding authority, may be construed to authorize a waiver or alteration of a requirement to consult, report, notify, or brief Congress, unless such provision clearly authorizes a waiver or alteration of requirement to consult, report, notify, or brief Congress or specifies that it supersedes this section.".
SEC. 8609. 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. 8610.
Text printed in the Record (11,928 characters)
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. 8611. 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. 8612. COOPERATION COUNCIL FOR THE ARAB STATES OF THE
GULF PRIVILEGES AND IMMUNITIES.
The International Organizations Immunities Act (22 U.S.C. 288 et seq.) is amended by adding at the end the following:
"Sec. 20. Under such terms and conditions as the President shall determine, the President may extend the provisions of this Act to the Cooperation Council for the Arab States of the Gulf in the same manner, to the same extent, and subject to the same conditions, as they may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.".
SEC. 8613. 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. 8614. ALIGNMENT OF ARMS EXPORT CONTROL ACT AMENDMENTS
WITH THE EXPORT CONTROL REFORM ACT.
Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by inserting after subsection (c) the following:
"(d) The functions exercised under this Act shall not be subject to sections 551, 553 through 559, and 701 through 706 of title 5, United States Code.".
SEC. 8615. CHARGE FEES FOR AND RECOVER REVENUES FROM GOODS
AND SERVICES AT UNITED STATES EXPO PAVILIONS.
The Secretary is authorized to charge fees for, and recover revenues from, goods and services related to United States pavilions at international expositions, including for visitor services, retail shop services, and food and beverage services.
SEC. 8616. MODERNIZING THE NOT FULLY COOPERATING COUNTRIES
PROCESS.
Section 40A(a) of the Arms Export Control Act (22 U.S.C. 2781(a)) is amended--
(1) by striking "No defense article" and inserting the following:
"(1) In general.--No defense article";
(2) in paragraph (1), as redesignated, by striking ", by May 15 of the calendar year in which that fiscal year begins,"; and
(3) by adding at the end the following:
"(2) Any additions or removals of foreign countries to the list of foreign countries determined as not cooperating with United States antiterrorism efforts pursuant to paragraph (1) shall be certified to Congress not later than May 15 of a fiscal year for implementation in the following fiscal year.".
SEC. 8617. 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. 8618. 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 of State'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 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 of State'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. 8619. 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 regards to strategic competition with the People's Republic of China.
(5) A description of any obstacles to assigning Department of State 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. 8620. 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. 8621. MILLENIUM CHALLENGE CORPORATION COMPACTS.
Section 609(j) of the Millennium Challenge Act of 2003 (22 U.S.C.
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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. 8622. 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 congressional committees.--The term "appropriate congressional committees" 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 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 congressional committees (as defined in section 1265(b) of the National Defense Authorization Act for Fiscal Year 2026)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. 8623. 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 the critical undersea infrastructure protection.
SEC. 8624.
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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 other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a reporting 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 (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 related to standards of conduct with regard 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 submarine cable owners and operators, 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, the Secretary shall submit a report to the appropriate congressional committees 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 agreements or protocols, and proposed measures to address those obstacles.
(f) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(g) Definitions.--In this section:
(1) Critical undersea infrastructure.--The term "critical undersea infrastructure" refers to both submarine communications cables and subsea energy infrastructure.
(2) Submarine communications cable.--The term "submarine communications cable" means a cable system that carries bidirectional data and voice telecommunications traffic consisting of one or more submarine cables laid beneath the water, and all associated components that support the operation of the submarine cable system end-to-end, including the segments up to the system's terrestrial terminations at one or
more Submarine Line Terminal Equipment (SLTEs) as well as the transponders that convert optical signals to electrical signals and vice versa.
(3) 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.
SEC. 8625. 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 methodology to capture lessons learned from prior embassy evacuations.
SEC. 8626. 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
(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 of State through the Bureau of Educational and Cultural Affairs.
(C) Eligibility.--The Secretary of State 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 of State, 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 of State 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.
SEC. 8627.
Text printed in the Record (8,945 characters)
EXTENSIONS.
(a) Diplomatic Support and Security.--Section 9302(l) of the Department of State Authorization Act of 2022 is amended by striking "2 years" and inserting "5 years".
(b) Embassy Security, Construction, and Maintenance.--Section 5201(c) of the Department of State Authorization Act of 2021 is amended by striking "4 years" and inserting "8 years".
(c) Supporting Tandem Spouses in the Foreign Service.--Section 6227(d) of the Department of State Authorization Act of 2023 is amended by striking "two years" and inserting "four years".
(d) Security Review Committees.--Section 7812(d) of the Department of State Authorization Act of 2024 is amended to read as follows: "The authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall apply to facilities in Ukraine through September 30, 2030."
(e) Passport Fees.--Section 9802(a) of the Department of State Authorization Act of 2022 is amended by striking "September 30, 2026" and inserting "September 30, 2036".
(f) Personal Services Contractors Reporting Requirement.--Section 6401(d)(2) of the Department of State Authorization Act of 2023 is amended by striking "two years" and inserting "5 years".
(g) Notification of Revocation of Clearances.--Section 6710(d) of the Department of State Authorization Act of 2023 is amended by striking "three years" and inserting "6 years".
(h) Personal Services Contractors Contracting Authority Limitation.--Section 6401(d)(1) of the Department of State Authorization Act of 2022 is amended by striking "fiscal years 2024, 2025, and 2026" and inserting "fiscal years 2024, 2025, 2026, 2027, 2028, and 2029".
(i) Curtails, Removals From Post, and Waivers of Privileges and Immunities.--Section 9209(d) of the Department of State Authorization Act of 2022 is amended by striking "5 years" and inserting "10 years".
(j) Management Assessments at Diplomatic and Consular Posts.--Section 9212(g) of the Department of State Authorization Act of 2022 is amended by striking "5-year" and inserting "10-year".
(k) Periodic Inspector General Reviews of Chiefs of Mission.--Section 7203(a) of the Department of State Authorization Act of 2024 is amended by striking "3-year" and inserting "6-year".
(l) Report on Chiefs of Mission and Deputy Chiefs of Mission.--Section 6210 of the Department of State Authorization Act of 2023 is amended by striking "4 years" and inserting "8 years".
(m) Direction to Embassy Deal Teams.--Section 6503(h) of the Department of State Authorization Act of 2023 is amended by striking "5 years" and inserting "10 years".
(n) List of Certain Telecommunications Providers.--Section 5502(a) of the Department of State Authorization Act of 2021 (P.L.117-81) is amended by striking "5 years" and inserting "10 years".
(o) Bureau Chief Data Officer Program Reporting Requirement.--Section 6302(d) of the Department of State Authorization Act of 2023 is amended by striking "3 years" and inserting "6 years".
(p) Cybersecurity Recruitment and Retention Authorization of Appropriations.--Section 9506(b)(4) of the Department of State Authorization Act of 2022 is amended by striking "2027" and inserting "2031".
(q) Regional Technology Officer Program Authorization of Appropriations.--Section 9508(d) of the Department of State Authorization Act of 2022 is amended by striking "2027" and inserting "2031".
(r) Regional Technology Officer Program Annual Briefing Requirement.--Section 9508(c) of the Department of State Authorization Act of 2022 is amended by striking "5 years" and inserting "10 years".
(s) Vulnerability Disclosure Policy and Bug Bounty Program Report.--Section 9509(b)(2) of the Department of State Authorization Act of 2022 is amended by striking "5 years" and inserting "10 years".
(t) Cyberspace, Digital Connectivity, and Related Technologies Fund.--Section 594 of Part II of the Foreign Assistance Act 1961 (22 U.S.C. 2349cc-3) is amended by striking "5-year" and inserting "10-year".
(u) Policy Regarding International Financial Institution Assistance With Respect to Advanced Technologies.--Section 6105(d) of the Department of State Authorization Act of 2021 is amended by striking "7 years" and inserting "14 years".
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 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
SEC. 8702.
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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 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) provided 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 to the Russian Federation any foreign vessel designed to transport Russian-origin petroleum products.
(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.
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.
SEC. 8703B. REPORT ON SPECIFIC LICENSES GRANTED UNDER
EXECUTIVE ORDER 14024.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary, in coordination with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report listing any specific license granted or in effect under Executive Order 14024 (50 U.S.C. 1701 note; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation).
(b) Form.--Each report required under subsection (a) shall be submitted in classified form.
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, 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.
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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.
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
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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.
(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.
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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.
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 relating to importation of goods.--
(A) In general.--A requirement to block and prohibit all transactions in all property and interests in property under this chapter shall not include the authority or a requirement to impose sanctions on the importation of goods.
(B) Good.--In this paragraph, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(2) 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.
(3) 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.
(4) 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).
(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).
(5) 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.
(6) 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.
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.
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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 of State 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 of State; 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 of State 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 of State 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) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" 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.
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) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(2) the Committees on Foreign Affairs, the Committee on Armed Services, and 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.
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 Foreign Affairs of the House of Representatives; and
(D) the Committee on Financial Services 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.
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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 of State and the Director of the Office of Foreign Assets Control of the Department of the Treasury, in coordination with the Director of National Intelligence, shall establish a task force to identify military or non-military entities that could be subject to sanctions or other economic actions 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 or other economic actions 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, 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 and other economic tools 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 or other economic actions 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 or other economic tools 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 of State and the Department of the Treasury to most effectively use sanctions and other economic tools to respond to the threats posed by the PRC;
(7) recommend how best to target sanctions and other economic tools 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 and tools 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 and tools 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 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 of such sanctions;
(5) the status of coordination with allies and partners of the United States regarding sanctions and other economic tools identified under this subtitle;
(6) resource gaps and recommendations to enable the Department of State 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. 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 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.
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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 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 of State 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 of State'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.
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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 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) 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 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) Visas, admission, or parole.--An alien is described in this clause if the Secretary or the Secretary of Homeland Security (or a designee of either such Secretary) knows, or has reason to believe the alien--
(I) meets any of the criteria described in subsection (a); and
(II)(aa) is inadmissible to the United States;
(bb) is ineligible to receive a visa or other documentation to enter the United States; or
(cc) is 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.--The issuing consular officer, the Secretary, or a designee of the Secretary, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), shall revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation was issued.
(II) Effect of revocation.--Each revocation under subclause (I) shall--
(aa) take effect immediately; and
(bb) 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).
(7) Exception relating to the importation of goods.--
(A) Good.--In this paragraph, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(B) In general.--A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
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.
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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;
(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 Act/Scam Compound Accountability and Mobilization
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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, 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 Foreign Affairs of the House of Representatives;
(F) the Committee on the Judiciary of the House of Representatives;
(G) the Committee on Financial Services of the House of Representatives; and
(H) the Permanent Select Committee on Intelligence 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 Sanctioning Harborers And Dodgers Of Western Sanctions Act of 2026 (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 combatting 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 Sanctioning Harborers And Dodgers Of Western Sanctions Act of 2026 (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 Sanctioning Harborers And Dodgers Of Western Sanctions Act of 2026 (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 Sanctioning Harborers And Dodgers Of Western Sanctions Act of 2026 (22 U.S.C. 7102(11)).
(9) Impacted country.--The term "impacted country" means a country that is a significant--
(A) transit location for victims of human trafficking 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, using victims who may be exploited through human trafficking, including forced criminality.
(11) 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.
(12) Strategy.--The term "Strategy" means the strategy to counter scam compounds and hold transnational criminal organizations and human traffickers accountable described in section 8746.
(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.
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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 provide for and incorporate the following objectives:
(1) Reducing the ability of transnational criminal organizations to operate scam compounds in Southeast Asia and wherever else they may propagate.
(2) Building the capacity, of efforts related to digital forensics, anti-money laundering, 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 assisting defrauded United States persons in recovering and returning their stolen assets.
(7) Using sanctions, visa restrictions, and other accountability and behavior 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, 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 indictment 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 all active executive branch relevant foreign assistance programs and 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;
(4) identify relevant foreign assistance resources needed to fully 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
(5) 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 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.
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; 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.
(c) Consultation.--The Task Force, or representatives of the Task Force, should--
(1) consult with State 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 stolen assets;
(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--
(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 money that has been stolen from United States nationals through scams emanating from scam compounds;
(C) an estimate of the amount of the stolen money 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 materially assisted in, or provided financial or technological support to, or 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.
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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.--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 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.
(2) Exceptions 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)).
(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) Intelligence and Law Enforcement Activities.--Sanctions authorized under this section shall not apply with respect to--
(1) 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
(2) any authorized intelligence or law enforcement activities of the United States.
(f) 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.
(g) Form.--The report required under subsection (f) shall be submitted in an unclassified form, but may include a classified annex.
(h) Exception Relating to Importation of Goods.--
(1) In general.--A requirement to block and prohibit all transactions in all property and interests in property pursuant to subsection (b) shall not include the authority or a requirement to impose sanctions on the importation of goods.
(2) Defined term.--In this subsection, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(i) 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;
(2) offers recommendations to amend existing forfeiture law to enable the Department of Justice to use assets forfeited as a result of law enforcement activities targeting international scam compound operations to provide financial redress to United States citizen victims of scam operations; and
(3) offers recommendations for the administration of such a redress mechanism.
(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 Secretary is authorized to provide nongovernmental organizations, nonprofit organizations, and intergovernmental entities access to current and archival high-resolution satellite imagery 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. 8751. 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.
SEC. 8761. SHORT TITLE.
This subtitle may be cited as the "Strategic Subsea Cables Act of 2026".
SEC. 8762. 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 and the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs 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 of State.
(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 8765(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 actions, or preparations for future actions, taken with the intent to cause defective production, operation, or damage to
critical undersea infrastructure, including 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 same meaning as "submarine cable system", as defined in section 1.70001(h) of title 47, Code of Federal Regulations, and any subsequent update to such meaning.
CHAPTER 1--INTERNATIONAL COORDINATION AND ENGAGEMENT ON CRITICAL UNDERSEA INFRASTRUCTURE
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SEC. 8763. 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 September 2022, the reported damage to 3 of the 4 trunklines of the Nord Stream 1 and Nord Stream 2 natural gas pipelines, at sites northeast and southeast of the Danish island of Bornholm in the Western Baltic Sea;
(C) in February 2023, the reported damage to subsea communications infrastructure connecting the main island of Taiwan to the Matsu Islands in the Taiwan Strait;
(D) 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;
(E) 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;
(F) 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;
(G) 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;
(H) 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;
(I) in January 2026, the reported damage to subsea communications cables from Latvia in the Central Baltic Sea linking Liepaja and Sventoji; and
(J) 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. 8763A. 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) the United States Government has an important role to play in advancing United States interests in international bodies that oversee the protection of critical undersea infrastructure, including promoting network resilience and redundancy, and advancing regulations in support of these goals;
(5) the United States Government should play a more active role 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;
(6) the United States should lead efforts to promote the deployment of resilient critical undersea infrastructure networks, enhance situational awareness, strengthen preparedness, and formalize collective responses among allies and partners through enhanced information sharing and coordination; and
(7) while critical undersea infrastructure owners and other associated private sector stakeholders carry significant responsibility in safeguarding this infrastructure, the United States Government and allied foreign governments need to play a greater role.
SEC. 8763B. 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 increase 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 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 increased 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 subsea communications infrastructure policies.
(5) A description of international bodies relevant for critical undersea infrastructure where the United States should increase its diplomatic engagement.
SEC. 8763C. 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 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.
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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 the admission or parole of an alien to the United States 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 relating to importation of goods.--
(A) In general.--A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or requirement to impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term "good" means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(4) 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).
(5) 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 explaining the basis for the certification.
SEC. 8763D. REPORT ON ACTIVITIES BY THE PEOPLE'S REPUBLIC OF
CHINA AND THE RUSSIAN FEDERATION.
(a) Report.--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 operations and capabilities in deep water and littoral infrastructure surveillance, seabed warfare, and sabotage, including recent activity trends and development of new weapons systems;
(B) a description of GUGI's use of ostensibly civilian research vessels to conduct critical undersea infrastructure surveillance, seabed warfare, and potential sabotage;
(C) 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
(D) 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 Main Directorate of the General Staff of the Armed Forces of the Russian Federation (GRU), including--
(A) a description of GRU operations and capabilities related to physical, electronic, and cyber surveillance, monitoring, and sabotage of critical undersea infrastructure and maritime logistics;
(B) a description of the use of Russian civilian merchant and fishing vessels by the GRU, including a list of fishing and merchant vessel names and International Maritime Organization and Maritime Mobile Service Identity Numbers believed to be involved in surveillance or sabotage activities; and
(C) 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.
(4) 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 surveillance, monitoring, and sabotage of critical undersea infrastructure, including--
(A) a description of recent capability developments related to surveilling or 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 or surveillance of critical undersea infrastructure, including in the Indo-Pacific, Africa, Latin America, Europe, and the Western Hemisphere.
(5) An assessment of cooperation between the Russian Federation and the PRC on surveillance or 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 surveillance, 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, surveillance, sabotage, or seabed warfare, or circumvention of sanctions against the Russian Federation.
(6) 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.
(7) 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. 8763E.
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REPORT ON POTENTIAL SABOTAGE OF CRITICAL UNDERSEA
INFRASTRUCTURE.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary, the Secretary of Defense, and the heads of other relevant Federal agencies, shall submit to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the appropriate congressional committees a report that includes the assessment of the intelligence community, including dissents from individual agencies, of the likely cause and, if applicable, the attribution of the following instances of reported sabotage of critical undersea infrastructure:
(1) In January 2022, the reported damage to the subsea communications infrastructure connecting the Norwegian mainland with the Norwegian archipelago of Svalbard.
(2) The September 2022 sabotage of three of the four trunklines of the Nord Stream 1 and Nord Stream 2 natural gas pipelines, at sites northeast and southeast of the Danish island of Bornholm in the Western Baltic Sea, including--
(A) an assessment of the activities of Russian military vessels, including those with undersea warfare capabilities, at any of the Nord Stream blast sites in the months leading up to the incident;
(B) a description of any Russian civilian or military vessels intercepted or diverted from the blast sites in the aftermath of the sabotage or vessels or underwater unmanned vehicles that gained access to the blast sites;
(C) an assessment of the technical feasibility of a small group of divers conducting the Nord Stream sabotage using the rental boat "Andromeda" in the weather and sea conditions present at the time;
(D) an assessment of whether the Russian Federation's documented practice of recruiting or coercing Ukrainians or other third country nationals to conduct sabotage operations on land targets is applicable to a maritime context;
(E) an assessment of the fees and penalties for failure to honor gas delivery contracts that Gazprom or other Russian entities potentially faced due to the throttling of gas deliveries via the Nord Stream 1 pipeline in 2021;
(F) an assessment of the insurance implications for Nord Stream 1 and 2, as well as its insurers and Western financiers, depending on the identity of the perpetrator;
(G) a description of the law enforcement investigations by regional governments, the scope of their investigations, and their outcomes;
(H) an assessment of whether any Russian vessels documented in close proximity to the Nord Stream blast sites in the months leading up to or immediately after the incident, including those with undersea surveillance or warfare capabilities, were present at other suspected sabotage sites either before or after the incident in question; and
(I) any information on potential attribution received from allied or partner nation communications through diplomatic or intelligence channels.
(3) In February 2023, the reported damage to subsea communications infrastructure connecting the main island of Taiwan to the Matsu Islands in the Taiwan Strait.
(4) In October 2023, the reported damage to the Finland-to-Estonia Baltic connector natural gas pipeline, in addition to subsea communications infrastructure connecting Estonia and Sweden and Finland and Estonia.
(5) In November 2024, the reported damage to the Finland-to-Germany C-Lion1 subsea communications cable and the Lithuania-to-Sweden BCS subsea communications cable in the central Baltic Sea.
(6) 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.
(7) In January 2025, the reported damage to the Trans-Pacific Express subsea communications infrastructure connecting Taiwan to the United States, the Republic of Korea, and Japan.
(8) 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.
(9) In January 2026, the reported damage to subsea communications cables from Latvia in the Central Baltic Sea connecting Liepaja and Sventoji.
(10) In January 2026, the reported damage to the Elisa cable connecting Finland and Estonia involving a vessel called the Fitburg.
(b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 8763F. 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, there are increasing challenges to the proper installation, maintenance, repair, and protection of international subsea cables that have the potential to undermine United States and foreign partner national security interests;
(2) the United States is uniquely positioned to provide 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 efforts to work alongside trusted allies to help foreign governments improve efforts to quickly and effectively install, maintain, repair, and protect international 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, to improve security and reduce barriers to the installation, monitoring, maintenance, and repair of critical undersea infrastructure; and
(2) working with allies and partners to improve response times to address critical undersea infrastructure sabotage, including, as appropriate, by improving the coordination of cable repair vessel deployments.
(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 of and reduce barriers to the monitoring, maintenance, repair, and protection of critical undersea infrastructure, including--
(1) a list of current foreign policies or laws that create barriers to United States-led efforts to install, maintain, repair, and protect critical undersea infrastructure; and
(2) progress made in the previous calendar year as a result of United States engagement with allies and partners.
CHAPTER 2--DEPARTMENT OF STATE CRITICAL UNDERSEA INFRASTRUCTURE
EXPERTISE
SEC. 8764. EXPANDING CRITICAL UNDERSEA INFRASTRUCTURE-RELATED
EXPERTISE AT THE DEPARTMENT OF STATE.
(a) In General.--The Secretary shall assign not fewer than four full-time equivalent individuals, of which not fewer than two individuals shall be assigned to the Bureau for Cyberspace and Digital Policy to cover subsea communications infrastructure, in order to support the Department of State's interagency engagement on matters related to critical undersea infrastructure, including--
(1) critical undersea infrastructure protection and resilience;
(2) coordination with United States allies and partners; and
(3) United States engagement in international bodies that cover critical undersea infrastructure.
(b) Assignment.--The Bureau for Cyberspace and Digital Policy may not dual-hat currently employed personnel in meeting the minimum hiring requirement outlined in subsection (a).
(c) Notification.--Not later than 15 days after fulfilling the hiring 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 spur increased information sharing between allied and partner governments and relevant private sector companies regarding threats to, and the sabotage of, critical undersea infrastructure.
CHAPTER 3--SUBSEA COMMUNICATIONS INFRASTRUCTURE COORDINATION,
CONSTRUCTION, AND REPAIR
SEC. 8765. IMPROVING UNITED STATES GOVERNMENT COORDINATION OF
SUBSEA COMMUNICATIONS INFRASTRUCTURE.
(a) Findings.--Congress makes the following findings:
(1) According to a December 2024 United States Federal Government white paper, "There currently exists no forum in which the full scope of the [subsea] cable industry can effectively collaborate with the U.S. government to identify and address shared challenges.".
(2) United States Federal Government responsibilities for the protection of subsea communications infrastructure, damage reporting, information and intelligence sharing, and emergency response are overseen by various government actors through a multitude of mechanisms spanning several Federal departments and agencies.
(3) In order for the subsea cable industry to align with United States economic and security interests and help industry prepare security risk mitigation measures, the United States Government must provide the industry a clearer concept of operations, assessed risks to cable supply chain and infrastructure, enhanced and standardized security measures, defined lines of effort in cases of emergency, and definitive cost analysis.
(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 of the appropriate Federal agencies, or their designees, to lead United States Government efforts to--
(1) protect and improve the resilience of subsea communications infrastructure;
(2) effectively collaborate with non-Federal entities, including relevant members of the subsea cable industry, to identify and address shared challenges to subsea communications infrastructure security and resilience;
(3) coordinate United States Government policies to improve 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 infrastructure security and resilience.
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The overview shall include an interagency concept of operations for partnering with non-Federal entities, including subsea communications infrastructure owners and operators, to secure and repair subsea communications infrastructure systems in a variety of crisis scenarios; and
(d) Analysis of Subsea Communications Infrastructure Sabotage.--
(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 with subsea communications infrastructure industry stakeholders to review sabotage and other threats to subsea communications infrastructure, including by leveraging analysis from industry-wide data, to--
(A) identify trends;
(B) refine attributions, particularly in cases of subsea communications infrastructure sabotage;
(C) identify high-risk geographic areas for subsea communications infrastructure construction;
(D) identify Federal Government functions and private sector engagement methods to support the security of subsea communications infrastructure; and
(E) inform future risk mitigation efforts to reduce damage to subsea communications infrastructure.
(2) Strategy elements.--The strategies required under paragraph (1) shall include--
(A) resourcing requirements;
(B) coordination with United States allies and partners and relevant subsea communications infrastructure industry stakeholders; and
(C) the necessary technical expertise to make attributions for 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. 8765A. STRENGTHENING INFORMATION SHARING BETWEEN UNITED
STATES GOVERNMENT AND PRIVATE SECTOR ACTORS 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, with the approval of the interagency committee and in direct coordination with the Office of the Director of National Intelligence, including, as appropriate, with intelligence sharing partnerships with trusted allies, in support of the installation, maintenance, repair, and protection of subsea communications infrastructure, issue procedures to establish and promote--
(1) the timely sharing of classified information regarding subsea communications infrastructure sabotage, any indications of potential sabotage, and other threats to subsea communications infrastructure held by members of the interagency committee with non-Federal entities that possess the necessary security clearances;
(2) the timely sharing between the interagency committee and non-Federal entities of information related to subsea communications infrastructure sabotage, information relating to indications of potential sabotage, or authorized uses under this subtitle, in the possession of the interagency committee that may be declassified and shared at an unclassified level;
(3) the timely sharing by the interagency committee to non-Federal entities, and the voluntary, cooperative sharing by non-Federal entities to 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;
(4) the timely sharing by the interagency committee to non-Federal entities, and the voluntary cooperative sharing by non-Federal entities to the interagency committee, when and if appropriate, of information relating to indications of potential subsea communications infrastructure sabotage or authorized uses under this title, held by the interagency committee or non-Federal entities about subsea communications infrastructure sabotage, in order to prevent or mitigate any potential adverse effects from such sabotage; and
(5) the timely release of funds to meet cost, schedule, and performance metrics.
(b) Development of Procedures.--The procedures developed in accordance with this section shall--
(1) ensure the interagency committee has and maintains the capacity to identify and inform subsea communications infrastructure sabotage and indications of potential subsea communications infrastructure sabotage in real time to the 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) Submission 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 Congress 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 private sector actors in the previous year pursuant to subsection (a).
Subtitle F--Tech PATH/U.S. Technology Procurement and Access to Trusted Hardware
SEC. 8771. SHORT TITLES.
This subtitle may be cited as the "United States Technology Procurement and Access to Trusted Hardware Act of 2026".
SEC. 8772. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives.
(2) Foreign country of concern.--The term "foreign country of concern" has the meaning given the term "covered nation" in section 4872(f) of title 10, United States Code.
(3) Foreign government partner.--The term "foreign government partner" includes international organizations.
(4) International organizations.--The term "international organizations" has the meaning given the term in section 1 of the International Organizations Immunities Act (22 U.S.C. 288).
(5) Trusted cyber and digital technologies.--The term "trusted cyber and digital technologies" means technologies, including equipment, services, hardware, or software used in information and communications technology networks, for which the Secretary, in coordination with the Secretary of Commerce, has determined--
(A) the provider, supplier, or manufacturer is not owned by, controlled by, or subject to the influence of a foreign country of concern; and
(B) do not pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.
(6) Pax silica initiative.--The term "Pax Silica initiative" refers to the Department of
State-led diplomatic, economic security, and supply chain initiative, announced on December 11, 2025, to strengthen cooperation among the United States, allied countries, partner countries, industry, and other relevant stakeholders for the purpose of developing and securing trusted supply chains and infrastructure necessary for artificial intelligence, semiconductors, advanced manufacturing, and other technologies determined by the Secretary to be essential to United States national security, economic security, and technological competitiveness.
SEC. 8773. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) foreign government partners are increasingly turning towards strategic competitors like the People's Republic of China to procure cyber and digital technologies due to their low-cost, acceptable efficacy, ease and speed of acquisition, and support for associated training and maintenance;
(2) foreign government partner procurement of cyber and digital technologies from suppliers aligned with strategic competitors of the United States poses significant and distinct risks, including--
(A) supply chain vulnerabilities created by dependence on strategic competitors whose governments may compel access to data, networks, or systems, undermining the cybersecurity and strategic autonomy of the procuring government;
(B) the erosion of interoperability and alignment with United States cybersecurity frameworks, standards, and best practices, reducing the ability of foreign government partners to operate securely alongside United States systems and those of United States allies; and
(C) the adoption of digital governance practices that are inconsistent with United States economic and national security interests;
(3) United States foreign government partners consistently signal strong demand for trusted cyber and digital technologies from United States suppliers;
(4) United States initiatives such as Pax Silica should facilitate technology procurements by building enduring technology partnerships between foreign government partners and United States suppliers, including by--
(A) assisting foreign government partners in navigating regulatory, logistical, and technical hurdles to trusted cyber and digital technology procurement;
(B) providing foreign government partners with strategic direction from the United States Government;
(C) incorporating foreign government partner needs into program development from the outset; and
(D) maintaining long-term engagement with foreign government partners throughout the procurement cycle of trusted cyber and digital technologies; and
(5) as the United States seeks to maintain its global competitive edge in critical and emerging technologies, including advanced cybersecurity, artificial intelligence, advanced telecommunications, and robotics, it is in the interest of the United States Government to establish policies and procedures that streamline foreign government partners' ability to procure trusted and reliable technologies from the United States and United States allies and partners.
SEC. 8774. UNITED STATES TECHNOLOGY PROCUREMENT PROGRAM.
(a) Establishment.--There is established in the Department of State the United States Cyber and Digital Technology Procurement Program (referred to in this subtitle as the "Program"), which shall be administered by the Bureau for Cyberspace and Digital Policy, and which may support Pax Silica and other related initiatives.
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To the maximum extent practicable, the Program shall seek to serve as a demand-driven mechanism in response to cyber and digital technology needs as determined by the participating foreign government partner.
(b) Purposes.--The purposes of the Program shall include the following:
(1) To streamline foreign government partner procurement of trusted cyber and digital technologies, including commercial off-the-shelf technologies, consistent with United States export control laws, including cybersecurity standards appropriate to relevant policy goals of the United States.
(2) To establish long-term cyber and digital technology procurement pipelines with United States providers, including after the termination of the Program.
(3) To identify the appropriate United States Government financing mechanisms to address challenges associated with affordability of trusted cyber and digital technologies.
(4) To provide a comprehensive package to foreign government partners, with the support of and in coordination with United States industry technical experts, as appropriate, to navigate trusted cyber and digital technology procurement requirements, to understand technical and system complexity, to assess absorptive capacity, and to identify foreign government partner-specific logistical and export control challenges, including by--
(A) designing and implementing procurement, deployment, and technical knowledge transfer that enable the participating foreign government partner to modernize and secure systems;
(B) providing clear guidelines for United States and trusted foreign supplier entry and eligibility;
(C) conducting assessments related to the participating foreign government partner's workforce or technological requirements, including any gaps in absorptive capacity, including--
(i) feasibility studies to identify, design, and implement the deployment of trusted cyber and digital technology solutions; and
(ii) sustainability assessments to determine the participating foreign government partner's ability to procure and invest in trusted cyber and digital technologies, including the ability to sustain such investments in the long-term;
(D) providing capacity building to ensure that the participating foreign government partner obtains the relevant skills for requirements identification and assessment, integration of United States procurements into existing operating environments, research and procurement, logistics, deployment, and configuration to ensure a long-term arrangement with United States suppliers; and
(E) assisting the participating foreign government partner in developing a long-term strategy to procure and budget for trusted cyber and digital technology procurements, including beyond the end of the Program's lifecycle.
(5) To assess the risks and tradeoffs of foreign government partners adopting cyber and digital technologies from foreign countries of concern and prioritize foreign government partners for outreach efforts based on that risk assessment.
(c) Covered Cyber and Digital Technologies.--In implementing the Program, the Secretary shall, in coordination with the participating foreign government partner and United States industry technical experts, as appropriate, prioritize the following trusted cyber and digital technologies, as well as any other trusted cyber and digital technologies designated by the Secretary pursuant to subsection (d):
(1) Software and its associated subscriptions and licensing, including--
(A) operating systems;
(B) enterprise management software;
(C) cloud-based storage solutions and compute access;
(D) industrial control and automation software, including Supervisory Control and Data Acquisition (SCADA), distributed control systems (DCS), and programmable logic controller (PLC) programming environments;
(E) digital twin, simulation, and modeling software; and
(F) cloud and edge orchestration platforms for robotic and operational technology (OT) device management.
(2) Hardware, including--
(A) processors;
(B) human-machine interfaces (HMIs) and operator consoles;
(C) networking equipment, including switches, routers, and gateways;
(D) industrial networking equipment;
(E) biotechnology equipment, including genomic sequencers and related hardware; and
(F) other related technologies.
(3) Cybersecurity products, including--
(A) firewalls;
(B) intrusion detection and prevention systems;
(C) Security Information and Event Management (SIEM) systems;
(D) threat intelligence and monitoring systems;
(E) endpoint detection systems;
(F) Security Operations Centers (SOC);
(G) secure authentication systems; and
(H) cybersecurity training and consulting services.
(4) Telecommunications equipment, including--
(A) subsea fiber-optic cable and associated equipment;
(B) cellular equipment, including open radio access network (ORAN) equipment;
(C) satellite-enabling infrastructure; and
(D) broadband infrastructure, including fiber optic network equipment.
(5) Equipment and related products to enable the adoption of artificial intelligence (AI) solutions, including--
(A) compute;
(B) storage;
(C) memory;
(D) models, including both closed- and open-weight models;
(E) AI model licenses;
(F) edge AI capabilities, including next-generation smartphone technology and relevant mobile operating systems; and
(G) AI model applications.
(d) Annual Review of Covered Cyber and Digital Technologies.--The Secretary shall conduct an annual assessment to identify the inclusion or removal of technologies under subsection (c) based on the national security risk to the United States of a foreign country of concern gaining significant market share of such technology within a foreign government partner country.
(e) Risk Mitigation Requirements.--The Secretary shall--
(1) before approving a partnership under the Program--
(A) conduct, and submit to the appropriate congressional committees, an initial assessment of cyber and digital technology misuse and diversion risks, including--
(i) the foreign government partner's export control enforcement capacity;
(ii) the foreign government partner's history of technology transfer to foreign countries of concern, including permitting remote access to technology; and
(iii) investments by foreign countries of concern in the foreign government partner's critical sectors;
(B) establish monitoring and mitigation requirements proportional to the risk assessed under paragraph (1);
(C) include end-use monitoring provisions in all Program agreements; and
(D) coordinate with the intelligence community and the Department of Defense regarding counterintelligence and national security risks; and
(2) on an annual basis for the duration of a partnership under the Program, update and submit to the appropriate congressional committees the assessment required by paragraph (1) in order to continually assess the conditions described in clauses (i), (ii), and (iii) of paragraph (1)(A), including any improvements in such conditions.
(f) Foreign Government Partner Contribution.--For any partnership with a foreign government partner under the Program, the Secretary shall, to the maximum extent practicable, seek to ensure cost-sharing with the foreign government partner to facilitate the foreign government partner's long-term buy-in and sustained procurements of trusted cyber and digital technologies.
(g) Additional Interagency Coordination.--In implementing the Program, to address challenges associated with affordability, financing, technical evaluations, procurement requirements, and long-term capacity building, the Secretary shall, on a case-by-case basis, coordinate, as appropriate, with the relevant Federal agencies, including the Department of Commerce, the United States International Development Finance Cooperation, and the United States Trade and Development Agency.
(h) Use of Funds.--Funds made available to carry out the Program shall be used--
(1) to provide assistance or financing--
(A) to foreign government partner civilian government agencies; or
(B) to law enforcement or military agencies, only if such entities are the owners and operators of the foreign government partner's civilian critical infrastructure; and
(2) to develop blended finance mechanisms, co-developed with the participating foreign government partner, that partners with fund managers, project developers, third-party investors, infrastructure providers, and other private partners to advance the objections outlined in subsection (b).
(i) Partner Disqualification.--
(1) Prohibition on the use of funds.--No funds shall be made available under this subtitle to--
(A) a foreign country of concern; or
(B) any country, entity, or person--
(i) upon which sanctions are imposed by the United States Department of the Treasury; or
(ii) that is an entity or person on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 14, Code of Federal Regulations.
(2) Vetting.--The Secretary shall vet foreign government partners to determine whether there is credible information that such partner--
(A) has committed serious human rights abuses or engaged in corruption, as defined by section 1 of Executive Order 13818 (50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), or is determined to be ineligible for assistance pursuant to section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d); and
(B) uses or is likely to use technologies outlined in subsection (c) and supported by this subtitle to engage in--
(i) violations of human rights;
(ii) targeted or bulk surveillance in violation of rule of law principles or fundamental freedoms;
(iii) the monitoring of journalists, activists, human rights defenders, opposition parties, or political dissidents;
(iv) internet shutdowns or to limit or control elections or protests;
(v) political censorship or the targeting and suppression of political speech or political opponents;
(vi) denial of access to technology or services based on race, ethnicity, gender, religion, or other discriminatory factors; and
(vii) acts of transnational repression.
(3) Disqualification.--Any foreign government partner determined by the Secretary to engage in the activities described in paragraph (2)(B) shall be ineligible for support or assistance under this subtitle.
(j) Regional Technology Officers.--The Secretary shall, to the maximum extent practicable, leverage the Department of State's Regional Technology Officer Program, pursuant to section 9508 of the Department of State Authorization Act of 2022 (22 U.S.C.
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10305), to assist United States overseas missions in identifying foreign government partners to participate in the Program.
(k) Foreign Commercial Officers.--As appropriate, the Secretary shall, in coordination with the Secretary of Commerce, seek to leverage the Foreign Commercial Officer Program to assist United States overseas missions in identifying foreign government partners to participate in the Program.
(l) Congressional Notification Requirement.--Not later than 15 days before amounts from the Cyberspace, Digital Connectivity, and Related Technologies (CDT) Fund are obligated for purposes of carrying out this section, the Secretary shall submit notification of such obligation to--
(1) the Committee on Foreign Relations in the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs in the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(m) Annual Report.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary, in coordination with the Secretary of Commerce, shall submit to the appropriate congressional committees a report that includes--
(1) a complete list of participating foreign government partners in the Program;
(2) progress and results achieved in the previous calendar year;
(3) the overall amount of purchases or investments each foreign government partner has made since initial participation in the Program;
(4) specific trusted cyber and digital technologies provided to participating foreign government partners, including--
(A) the name of the provider company or companies;
(B) the total value of the procurements;
(C) description of the capability; and
(D) how the procured capability addresses the original request submitted by the foreign government partner, if applicable;
(5) next steps for each participating foreign government partner in their respective Program pipeline;
(6) any challenges for a foreign government partner's participation in the Program, including how those challenges are being addressed; and
(7) how risks related to technology transfer, if applicable, are being mitigated.
(n) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000 for fiscal year 2026 through fiscal year 2031 to the Cyberspace, Digital Connectivity, and Related Technologies (CDT) Fund under section 592 of the Foreign Assistance Act for Fiscal Year 1961 (22 U.S.C. 2349cc-1) for purposes of carrying out this section.
(o) Sunset.--The Program and its associated authorities established under this section shall terminate on the date that is eight years after the date of the enactment of this Act.
SEC. 8775. OFFICE OF UNITED STATES TECHNOLOGY PROCUREMENT.
(a) Designation of Responsibility.--The Secretary shall designate an existing office within the Bureau for Cyberspace and Digital Policy of the Department of State, or newly establish an Office of United States Technology Procurement (referred to in this subtitle as the "Office"), which shall be responsible for administering the Program.
(b) Personnel.--
(1) Composition.--The Office shall be comprised of a Director, a Deputy Director, and such other staff as the Secretary deems appropriate.
(2) Staffing.--The Office shall include personnel with demonstrated expertise or experience in performing the following functions:
(A) Grant design and management.
(B) Program monitoring, evaluation, and learning.
(C) Cyber and digital technology commercialization, deployment, or procurement.
(3) Director.--The Director of the Office shall fulfill the following responsibilities:
(A) Identify, on an annual basis, specific strategic priorities for the Program consistent with United States national security priorities and objectives.
(B) In coordination with the other relevant officials, select and approve all partnerships with foreign government partners under the Program.
(C) Conduct oversight, monitoring, and evaluation of the effectiveness of the Program, including long-term outcome assessments, to ensure the Program advances United States foreign policy and national security interests and to ensure monitoring, evaluation, and learning results directly inform future grant decisions.
(D) Ensure, to the maximum extent practicable, that all Program activities are carried out in coordination with other Federal efforts to promote the United States technology stack overseas.
(E) Compiling and submitting the list required by section 1284(m).
(4) Deputy director.--The Deputy Director of the Office may have responsibility for policy and programming to assist the Director, particularly with respect to coordination with other United States departments and agencies.
(c) Authorization of Appropriations.--There is authorized to be appropriated $2,000,000 for fiscal years 2026 through 2028 for the purposes of implementing the Office.
SEC. 8776. EXPANDING NECESSARY TECHNOLOGY AND RELATED
EXPERTISE AT UNITED STATES OVERSEAS MISSIONS.
(a) Sense of Congress.--It is the sense of Congress that, for the United States Government to successfully implement the Program, it is vital that the United States recruit and retain the necessary talent to facilitate such partnerships.
(b) In General.--The Secretary shall, to the maximum extent possible, take measures to ensure that United States overseas missions in countries that are participating in the Program host at least one full-time personnel with demonstrated proficiency in matters related to cybersecurity, technology, and other related expertise to sufficiently carry out the Program.
SEC. 8777. EXTENDING AUTHORIZATION OF APPROPRIATIONS FOR THE
REGIONAL TECHNOLOGY OFFICER PROGRAM.
Subsection (d) of section 9508 of the Department of State Authorization Act of 2022 (22 U.S.C. 10305) is amended by striking "2027" and inserting "2032".
SEC. 8778. PRESERVING MARKET-BASED COMPETITION FOR CYBER AND
DIGITAL TECHNOLOGIES.
(a) Statement of Policy.--It is the policy of the United States to support market-based mechanisms for the export and adoption of United States cyber and digital technologies abroad, and to oppose state-directed or state-controlled economic models that risk to displace or crowd out private-sector competition in cyber and digital technology markets.
(b) In General.--Nothing in this subtitle shall be construed to permit the Secretary, in coordination with other relevant Federal agencies, in carrying out the program outlined in section 1284(a)--
(1) to unduly interfere with, or seek to substitute for, market-based competition among United States cyber and digital technology providers;
(2) to condition access to program support on the acceptance of commercial terms, partnerships, or business arrangements that United States cyber and digital technology providers would not voluntarily accept in an arm's length commercial transaction; or
(3) to require foreign government partners to receive approval from the United States Government for procurements from United States cyber and digital technology providers pursued outside the Program, except as otherwise required by any other regulations or Federal law.
(c) Cyber and Digital Technology Small Business Owners.--Notwithstanding subsection (a), in carrying out the Program, the Secretary may provide targeted assistance, including capacity-building support and the facilitation of foreign government partner engagement, to United States small businesses and companies that lack the global reach, existing relationships, or resources to compete independently in foreign government partner procurement markets, provided that such assistance does not confer an unfair competitive advantage over other United States cyber and digital technology providers.
SEC. 8779. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than one year after the date of the enactment of this Act, and not less frequently than every two years until the termination of the Program's authorities, the Comptroller General of the United States shall conduct and submit to the appropriate congressional committees a review of the Program. The review shall include an assessment of the Department of State's implementation of the Program, including--
(1) the Department of State's capacity to implement the Program, including personnel and budgetary resources;
(2) whether the Department of State has established the necessary processes and procedures to successfully achieve the Program objectives outlined in section 8774;
(3) the Department of State's ability to conduct appropriate monitoring and evaluation of Program implementation;
(4) any technologies added or removed from the list under section 8774(c) of covered cyber and digital technologies; and
(5) any other elements deemed necessary by the Comptroller General of the United States.
SEC. 8780. FOREIGN SERVICE OFFICER TECHNOLOGY CAREER TRACK
FEASIBILITY STUDY AND REPORT.
Not later than 1 year after the date of the enactment of this Act, the Secretary shall--
(1) conduct a study to determine the feasibility and advisability of establishing a dedicated technology policy career track or "cone" for Foreign Service officers; and
(2) submit a report containing a summary of the results of such study to the appropriate committees of Congress.
SEC. 8780A. DERIVATION OF FUNDS.
Amounts made available to carry out this subtitle shall be derived from amounts authorized to be appropriated or otherwise made available to the Department of State.
Subtitle G--Countering China's Control of the Caucasus Act
SEC. 8791. SHORT TITLE.
This subtitle may be cited as the "Countering China's Control of the Caucasus Act of 2026".
SEC. 8792.
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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.
(2) Form.--The report required under paragraph (1) shall be submitted in unclassified form, with a classified annex.
SEC. 8793. 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.
SEC. 8794. 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 of State shall submit to the appropriate congressional committees a report that describes the foreign assistance strategy of the United States in support of United States-Syria policy and provides comprehensive details on foreign assistance programs (including humanitarian and nonhumanitarian efforts) inside Syria 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. 8794A. 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. 8794B. 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 of State 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 of State shall submit to the appropriate congressional committees a report that describes 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. 8794C.
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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 of State, in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, shall jointly develop and submit to the appropriate congressional committees 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; and
(D) all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of 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.
(c) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
SEC. 8795. 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. 8796. 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 of State 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 State, in coordination with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall submit to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the congressional defense committees 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 of State, 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) 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.
SEC. 8797. POLAND DEFENSE INDUSTRIAL COOPERATION PROGRAM.
(a) Establishment.--The Secretary of Defense, in coordination with the Secretary of State, shall establish a program to expand cooperation between the defense industrial bases of the United States and Poland to expand co-production capacity, enhance supply chain resilience, and support operational readiness for United States and allied forces. The program shall seek to--
(1) enhance bilateral cooperation between the United States and Poland;
(2) reduce barriers to co-production between the United States and Poland; and
(3) strengthen NATO's deterrence capability, including against malign influence from the Russian Federation and People's Republic of China.
(b) Elements.--The program established pursuant to subsection (a) may also include the following:
(1) Co-production of munitions, ground combat systems, air combat systems and other critical defense articles.
(2) The establishment and expansion of forward repair, maintenance, and sustainment capabilities in Poland.
(3) The identification and authorization of technology transfer necessary to establish co-production of co-sustainment capabilities in Poland that support the Armed Forces in Poland and NATO's deterrence capabilities.
(4) The development of redundant and resilient supply chains to carry out the objectives described in paragraphs (1) through (3) of subsection (a).
(5) Actions to identify and mitigate barriers to defense industrial base cooperation, including barriers relating to export controls, technology transfer, or contracting practices.
(c) Authorities.--In carrying out the program established pursuant to subsection (a), the Secretary of Defense shall coordinate with other Federal departments and agencies, including the Department of State and the Department of Commerce, in order to--
(1) enter into contracts, cooperative agreements, and other bilateral agreements (including under section 4022 of title 10, United States Code); and
(2) provide technical assistance, training, and equipment relating to defense industrial base cooperation.
(d) Industry Engagement.--The Secretary of Defense, in coordination with the Secretary of State, shall seek to coordinate with appropriate counterparts of Poland to convene an annual industry roundtable consisting of United States and Polish defense companies, with the goal of expanding cooperation and engagement across sectors and between government and industry with respect to activities to implement the program established pursuant to subsection (a).
(e) Report.--The Secretary of Defense, in coordination with the Secretary of State, shall annually for a period of 5 years submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report on--
(1) any additional legislative authorities required to carry out the program established pursuant to subsection (a) or any of the elements described in subsection (b); and
(2) any regulatory or policy barriers to achieving the objectives described in paragraphs (1) through (3) of subsection (a).
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SA 6560. Mrs. SHAHEEN (for herself and Mr. Tillis) 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:
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At the end of subtitle C of title XII, add the following:
SEC. 1229A. CONTINUATION OF THE SPECIAL INSPECTOR GENERAL FOR
OPERATION ATLANTIC RESOLVE.
Section 1250B of the National Defense Authorization Act for Fiscal Year 2024 (5 U.S.C. 419 note; Public Law 118-31) is amended by striking subsection (f) and inserting the following:
"(f) Termination.--
"(1) In general.--The Office of the Special Inspector General for Operation Atlantic Resolve shall continue in operation until the date on which the Special Inspector General determines, and certifies to the appropriate committees of Congress, that--
"(A) Operation Atlantic Resolve has terminated; and
"(B) all amounts appropriated, authorized to be appropriated, or otherwise made available by the United States Government for activities related to the response to the Russian Federation's invasion of Ukraine have been--
"(i) expended;
"(ii) rescinded;
"(iii) transferred to an activity outside the jurisdiction of the Special Inspector General; or
"(iv) otherwise fully accounted for through audit, inspection, or other oversight activities.
"(2) Final report.--Not later than 90 days before the termination of the Office under paragraph (1), the Special Inspector General shall submit to the appropriate committees of Congress a final report that--
"(A) describes the disposition of all covered funds;
"(B) identifies any ongoing audits, investigations, or oversight matters;
"(C) identifies any unresolved recommendations; and
"(D) includes the Special Inspector General's assessment regarding whether additional oversight authorities are necessary.
"(3) Appropriate committees of congress defined.--The term `appropriate committees of Congress' means--
"(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
"(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.".