SA 6670. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (956 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) Offsets.--
(1) Offset 1.--The amount authorized to be appropriated by this Act for BMD enabling programs (RDDW 0603890C, line 88) is hereby reduced by $5,000,000.
(2) Offset 2.--The amount authorized to be appropriated by this Act for special programs--MDA (RDDW 0603891C, line 89) is hereby reduced by $5,000,000.
(3) Offset 3.--The amount authorized to be appropriated by this Act for Atomic Energy Defense Activities, National Nuclear Security Administration, Naval Reactors, 14-D-901 Spent Fuel Handling Recapitalization Project, NRF is hereby reduced by $40,000,000.
______
SA 6671. Mr. HOEVEN (for himself, Mrs. Shaheen, Mr. Moran, and Ms. Duckworth) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (9,743 characters)
At the appropriate place in subtitle G of title X, insert the following:
SEC. ____. AIR TRAFFIC-COLLEGIATE TRAINING INITIATIVE PROGRAM
IMPROVEMENTS.
(a) Definitions.--In this section:
(1) Administrator.--The term "Administrator" means the Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term "appropriate committees of Congress" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(3) Comptroller general.--The term "Comptroller General" means the Comptroller General of the United States.
(4) FAA.--The term "FAA" means the Federal Aviation Administration.
(b) Air Traffic-Collegiate Training Initiative Program Improvements.--
(1) In general.--Section 44506(c) of title 49, United States Code, is amended to read as follows:
"(c) Air Traffic-Collegiate Training Initiative and Enhanced Air Traffic-Collegiate Training Initiative.--
"(1) In general.--The Administrator of the Federal Aviation Administration shall maintain the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program (in this section referred to as the `Enhanced Initiative') to support the recruitment, education, and hiring of well-qualified developmental air traffic controllers.
"(2) Special rules for the enhanced initiative.--
"(A) Requirements.--In maintaining the Enhanced Initiative under paragraph (1), the Administrator shall, at a minimum--
"(i) select and coordinate with accredited institutions of higher education (as defined in section 61.1 of title 14, Code of Federal Regulations), as determined by the Administrator, that administer an accredited air traffic curriculum to undergraduate students, to prepare students for the position of air traffic controller with the Department of Transportation (as defined in section 2109 of title 5);
"(ii) establish standards for the entry and participation of accredited institutions of higher education into the program; and
"(iii) solicit applications from, and provide guidance to, interested accredited institutions of higher education that administer an accredited air traffic curriculum to undergraduate students, including accredited institutions that participate in the Air Traffic-Collegiate Training Initiative, to foster participation of qualified accredited institutions in the Enhanced Initiative.
"(B) Selection criteria.--Prior to selecting an accredited institution of higher education for participation in the Enhanced Initiative, the Administrator shall--
"(i) consider the air traffic curriculum of the institution, including the institution's access to air traffic educational resources and Federal Aviation Administration air traffic facilities and equipment;
"(ii) certify that each accredited institution of higher education seeking to participate in the Enhanced Initiative has a qualified air traffic curriculum that provides, at a minimum, an equivalent level of education and training for air traffic controller trainees to that provided at the Federal Aviation Administration Academy; and
"(iii) certify that all evaluations of students at accredited institutions of higher education seeking to participate in the Enhanced Initiative shall be conducted by evaluators that are approved and certified by the Federal Aviation Administration.
"(3) Appointment of program graduates.--The Administrator may appoint an individual who has successfully completed a course of training in a program described in paragraph (1) to the position of air traffic controller noncompetitively in the excepted service (as defined in section 2103 of title 5).".
(2) FAA air traffic control training aviation rulemaking committee.--
(A) In general.--The Administrator shall convene an aviation rulemaking committee to--
(i) review the curricula of the air traffic technical training academy of the FAA, including its use in the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program;
(ii) review the on-the-job training, development, evaluation, and certification of certified professional controllers;
(iii) develop findings and recommendations regarding the improvement and modernization of such curricula and training; and
(iv) provide to the Administrator a report on such findings and recommendations and for other related purposes as determined by the Administrator.
(B) Composition.--The aviation rulemaking committee established under subparagraph (A) shall consist of members appointed by the Administrator, including representatives of--
(i) institutions of higher education that are accredited by the Aviation Accreditation Board International;
(ii) aviation industry organizations;
(iii) FAA subject matter experts;
(iv) military and commercial operators of aircraft, helicopters, and powered-lift aircraft;
(v) the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code;
(vi) organizations representing certified collective bargaining representatives of airline pilots;
(vii) representatives of accredited institutions of higher education participating in the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program;
(viii) aviation safety experts, including those from outside the FAA; and
(ix) any other stakeholder determined appropriate by the Administrator.
(C) Considerations.--The aviation rulemaking committee established under subparagraph (A) shall consider the following:
(i) The advancements in education technology, including digital resources and augmented reality or virtual reality capabilities, that may be incorporated into a modern curriculum and training.
(ii) The appropriate balance between the use of theoretical knowledge and practical application.
(iii) A review of instructional techniques to improve the effectiveness of learning outcomes.
(iv) The real-world applicability of air traffic operations procedures included in the curriculum and training.
(v) Student success rates, including outcomes of air traffic controller trainees when placed at facilities for on-the-job training.
(vi) Methods for reducing the subjectivity of instructional techniques.
(vii) Student success rates correlated with the completion of the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program described in section 44506(c) of title 49, United States Code.
(viii) The appropriate method for ensuring the curriculum and training incorporates new entrants into the national airspace system.
(ix) Other considerations as determined appropriate by the Administrator.
(D) Duties.--
(i) In general.--Not later than 18 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a copy of the aviation rulemaking committee report provided to the Administrator under subparagraph (A)(iii).
(ii) Implementation.--Not later than 180 days after the date of submission of the report under clause (i), the Administrator shall implement the recommendations of the report, as determined appropriate by the Administrator.
(iii) Justification.--If the Administrator decides not to implement a recommendation described in the report submitted under clause (i), the Administrator shall submit to the appropriate committees of Congress a justification for such decision not later than 90 days after receiving such report.
(E) Prohibition on compensation.--The members of the aviation rulemaking committee convened under this paragraph shall not receive pay, allowances, or benefits from the Federal Government by reason of their service on such committee. This paragraph shall not be construed to affect the pay, allowances, or benefits of any Federal employee who serves as a member of the aviation rulemaking committee as part of their official duties.
(3) Review of enhanced air traffic-collegiate training initiative program.--
(A) In general.--Not later than 5 years after the date of the enactment of this section, the Comptroller General shall initiate a study to examine the effectiveness of the Enhanced Air Traffic-Collegiate Training Initiative program (in this paragraph referred to as the "Enhanced Initiative") in--
(i) increasing the education and training capacity of FAA air traffic controllers; and
(ii) growing the FAA air traffic controller workforce.
(B) Contents.--In conducting the study under subparagraph (A), the Comptroller General shall, at a minimum, evaluate the effectiveness of the program in producing--
(i) students that score at least a well-qualified score on the Air Traffic Skills Assessment (or a successor air traffic entrance exam);
(ii) developmental controllers that enter en route and terminal air traffic environments after completing the Enhanced Initiative; and
(iii) developmental controllers that become certified professional controllers.
(C) Consultation.--In conducting the study under subparagraph (A), the Comptroller General shall consult with the Administrator and appropriate stakeholders involved in overseeing, operating, and administering the Enhanced Initiative.
(D) Report.--Not later than 1 year after the date on which the Comptroller General initiates the study under subparagraph (A), the Comptroller General shall submit to the appropriate committees of Congress and the Administrator a report describing the results of the study, together with any appropriate recommendations for legislative or administrative action.
______
SA 6672. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (443 characters)
At the appropriate place, insert the following:
SEC. __. REPORT ON JOB CORPS TRANSITION HUB TO SUPPORT
SENTINEL PROGRAM.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Air Force, shall submit to Congress a report on designating a Job Corps Transition Hub to support the workforce needs of the Sentinel program of the Department of the Air Force.
______
SA 6673. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (1,000 characters)
At the end of subtitle B of title XII, add the following:
SEC. 1218. STATEMENT OF POLICY ON EXTENSION OF SUNSET OF IRAN
SANCTIONS ACT OF 1996.
(a) Findings.--Congress makes the following findings:
(1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) requires the imposition of sanctions with respect to Iran's illicit weapons programs, conventional weapons and ballistic missile development, and support for terrorism, including Iran's Revolutionary Guards Corps.
(2) The Government of Iran has acquired destabilizing conventional weapons systems from the Russian Federation and other malign actors, and is funneling weapons and financial support to its terrorist proxies throughout the Middle East, threatening allies and partners of the United States, such as Israel.
(b) Statement of Policy.--It is the policy of the United States to extend the sunset provision in the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) to December 31, 2028.
______
SA 6674. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (273 characters)
At the end of subtitle G of title X, add the following:
SEC. 1094. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950.
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 4564(a)) is amended by striking "September 30, 2026" and inserting "December 31, 2026".
______
SA 6675. Mr. SCOTT of South Carolina (for himself and Mr. Hagerty) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (44 characters)
At the end of division A, add the following:
TITLE XVII--INFORMATION AND COMMUNICATIONS TECHNOLOGY AND SERVICES SUPPLY CHAINS
Text printed in the Record (2,990 characters)
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
Text printed in the Record (11,895 characters)
"SEC. 1785. DEFINITIONS.
"In this part:
"(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
"(2) Country of concern.--The term `country of concern' means--
"(A) the People's Republic of China, including the Hong Kong and Macau Special Administrative Regions;
"(B) the Republic of Cuba;
"(C) the Islamic Republic of Iran;
"(D) the Democratic People's Republic of Korea; and
"(E) the Russian Federation.
"(3) Covered icts transaction.--
"(A) In general.--The term `covered ICTS transaction' means any transaction described in subparagraph (B) or a class of such transactions.
"(B) Transactions described.--A transaction described in this subparagraph is any acquisition, transfer, installation, dealing in, or use of any information and communications technology or service by any person, or with respect to any property, subject to the jurisdiction of the United States, if the Secretary, in consultation with the heads of the relevant Federal agencies, has determined that the transaction--
"(i) involves information and communications technology or services designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of a country of concern; and
"(ii)(I) poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of information and communications technology or services in the United States;
"(II) poses an undue risk of catastrophic effects on the security or resiliency of United States critical infrastructure or the digital economy of the United States; or
"(III) otherwise poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.
"(4) Information and communications technology or services; icts.--The terms `information and communications technology or services' and `ICTS' mean any hardware, software, connected software applications, or other product or service primarily intended to fulfill or enable the function of information or data processing, storage, retrieval, or communication by electronic means, including through transmission, storage, or display.
"(5) Open-source software.--The term `open -source software' means software for which the human-readable source code is available in its entirety for use, study, reuse, modification, enhancement, and redistribution by the users of the software.
"SEC. 1785A. AUTHORIZATION TO PRESCRIBE REGULATIONS WITH
RESPECT TO COVERED ICTS TRANSACTIONS AND
PERSONS AND JURISDICTIONS OF CONCERN.
"The Secretary may--
"(1) prescribe regulations that--
"(A) identify particular covered ICTS transactions or persons or jurisdictions of concern that pose a risk described in section 1785(3)(B)(ii)--
"(B) impose mitigation measures and prohibitions to address the risk posed by such transactions, persons, or jurisdictions;
"(C) establish criteria by which particular covered ICTS transactions or particular classes of participants in the covered ICTS transaction supply chain may be recognized as categorically included in or as categorically excluded from mitigation measures or prohibitions imposed under subparagraph (B);
"(D) establish particular classes of covered ICTS transactions or parties to such transactions that are required to abide by such mitigation measures and prohibitions; and
"(E) establish procedures to authorize or license transactions otherwise prohibited pursuant to a regulation prescribed under this section; and
"(2) prescribe such other regulations as the Secretary determines to be necessary or appropriate to address the undue or unacceptable risks described in section 1785(3)(B)(ii).
"SEC. 1785B. ADMINISTRATION.
"(a) In General.--The head of the Office of Information and Communications Technology and Services established under section 1784 (in this section referred to as the `head of the Office') shall administer this part.
"(b) Mitigation and Approval of Covered ICTS Transactions.--The head of the Office, in consultation with the heads of the relevant Federal agencies, may--
"(1) design, negotiate, and impose mitigation measures with respect to a covered ICTS transaction; and
"(2) approve the transaction if those measures are implemented.
"(c) Regulations.--The Secretary, acting through the head of the Office, may prescribe regulations to carry out this part.
"SEC. 1785C. JUDICIAL REVIEW.
"(a) In Camera and Ex Parte Review.--
"(1) In general.--The following information may be included in the administrative record and shall be submitted only to the court ex parte and in camera:
"(A) Sensitive security information, as defined in section 1520.5 of title 49, Code of Federal Regulations.
"(B) Records or information compiled for law enforcement purposes, as described in section 552(b)(7) of title 5, United States Code.
"(C) Classified information, as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.).
"(2) Treatment of information filed in camera and ex parte.--Any information that is part of the administrative record filed ex parte and in camera under paragraph (1), or cited by the court in any decision, shall be treated by the court consistent with the provisions of this section. In no event shall such information be released to the claimant or petitioner or as part of the public record, or shall the petitioner be permitted to review information submitted to the court ex parte and in camera.
"(b) Exclusive Remedy.--A determination by the court under this section shall be the exclusive judicial remedy for any claim or petition for review challenging this part or any final action or determination under this part against the United States, any agency, or any component or official of any such agency.
"(c) Rule of Construction.--Nothing in this section may be construed as limiting, superseding, or preventing the invocation of any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information.
"(d) Statute of Limitations.--A challenge to any final action or determination under this part may only be brought not later than one year after the date of such an action or determination.
"SEC. 1785D. PENALTIES.
"(a) Unlawful Acts.--It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any regulation, order, direction, prohibition, or other authorization or directive issued under this part.
"(b) Criminal Penalties.--A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of an unlawful act described in subsection (a)--
"(1) shall be fined not more than $1,000,000; and
"(2) in the case of the individual, shall be imprisoned for not more than 20 years, or both.
"(c) Civil Penalties.--
"(1) In general.--The Secretary may impose the following civil penalties on a person for each violation by that person of this part or any regulation, order, or license issued under this part:
"(A) A fine that is the greater of $1,500,000 or an amount that is 5 times the value of the transaction that is the basis of the violation with respect to which the penalty is imposed.
"(B) Revocation of any mitigation measure or authorization issued under this part to the person.
"(C) A prohibition or other restriction on the ability of the person to engage in any covered ICTS transaction.
"(2) Inflation.--The fine under paragraph (1)(A) is subject to adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (Public Law 101-410; 28 U.S.C. 2461 note).
"(3) Standards for levels of civil penalty.--The Secretary may by regulation provide standards for establishing levels of civil penalty under paragraph (1) based upon factors that include--
"(A) the seriousness of the violation to the national security of the United States;
"(B) the intent or actions of the violator, including any pattern of reckless behavior; and
"(C) any mitigating factors, such as a record of cooperation of the violator with the Federal Government in disclosing the violation.
"SEC. 1785E. RELATIONSHIP TO OTHER LAWS.
"(a) Rule of Construction Relating to Other Law.--Nothing in this part shall be construed to alter or affect any other authority, process, regulation, investigation, enforcement measure, or review provided by or established under any other provision of Federal law.
"(b) Administrative Procedure Exceptions.--Except with respect to a civil penalty imposed pursuant to section 1785D(c), any function exercised under this part is not subject to sections 551, 553 through 559, and 701 through 706 of title 5, United States Code.
"(c) Paperwork Reduction Act Exception.--The requirements of chapter 35 of title 44, United States Code (commonly referred to as the `Paperwork Reduction Act'), shall not apply to any action to implement this part.
"(d) Defense Production Act of 1950.--
"(1) Rule of construction.--Nothing in this part shall prevent or preclude the President or the Committee on Foreign Investment in the United States from exercising any authority under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) that would be available in the absence of this part.
"(2) Coordination of reviews.--The Secretary shall terminate the review of a covered ICTS transaction under this part if--
"(A) the transaction involves the acquisition of ICTS items by a United States person as a party to a transaction authorized under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.); or
"(B) the Committee on Foreign Investment in the United States is conducting a review or investigation of the transaction under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565).
"(e) Executive Orders 13873 and 14034.--
"(1) Rule of construction.--Nothing in this part may be construed as altering any of the authority of the Secretary under Executive Order 13873 (50 U.S.C. 1701 note; relating to securing the information and communications technology and services supply chain) or Executive Order 14034 (50 U.S.C. 1701 note; relating to protecting Americans' sensitive data from foreign adversaries).
"(2) Continuation in effect.--Any regulation the Secretary prescribed under Executive Order 13873 (50 U.S.C. 1701 note; relating to securing the information and communications technology and services supply chain) or Executive Order 14034 (50 U.S.C. 1701 note; relating to protecting Americans' sensitive data from foreign adversaries) before the date of the enactment of this part shall continue in effect on and after such date of enactment.
"SEC. 1785F. AUTHORIZATION OF OTHER ACTIONS.
"In carrying out the requirements of this part, the Secretary may take any other actions that the Secretary determines to be necessary or appropriate, including prescribing new regulations, amending regulations, publishing any notices in the Federal Register (including with respect to mitigation measures and prohibitions imposed under section 1785A), issuing guidance, establishing procedures, revoking or amending authorizations, and terminating or amending any determination.
"SEC. 1785G. ANNUAL REPORTS.
"Not later than 180 days after the date of the enactment of this part, and annually thereafter, the head of the Office of Information and Communications Technology and Services shall submit to the appropriate congressional committees a report on actions taken to carry out this part during the one-year period preceding submission of the report.
"SEC. 1785H.
Text printed in the Record (380 characters)
TERMINATION.
"The requirements of and authorities provided by this part terminate on the date that is 5 years after the date of the enactment of this part.".
(b) Conforming Amendment.--Section 1742(13)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4801(13)(A)) is amended, in the matter preceding clause (i), by striking "part I" and inserting "parts I and IV".
______
SA 6676. Mr. HAGERTY (for himself and Mr. Kaine) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (3,784 characters)
At the appropriate place, insert the following:
SEC. __. CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES.
Section 70022 of title 46, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (i)--
(i) in the matter preceding subclause (I), by striking "subsection (b)(1)" and inserting "subsection (b)(1)(A)"; and
(ii) in subclause (II), by striking "; or" and inserting a semicolon;
(B) in clause (ii)--
(i) by striking "subsection (b)(2)" and inserting "subsection (b)(1)(B)"; and
(ii) by striking the period at the end and inserting "; or"; and
(C) by adding at the end the following:
"(iii) a vessel described in subsection (b)(1) in the case of--
"(I) an emergency being experienced by the vessel or an individual on the vessel; or
"(II) such a vessel described in subparagraph (C) of such subsection that is authorized by the United States person described in clause (ii) of such subparagraph to operate or enter the port, harbor, or marine terminal described in such subsection."; and
(2) in subsection (b)--
(A) in paragraph (1), by striking "; or" and inserting a semicolon;
(B) in paragraph (2), by striking the period at the end and inserting "; or";
(C) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins of such subparagraphs accordingly;
(D) by striking "A vessel referred" and inserting the following:
"(1) In general.--A vessel referred"; and
(E) by adding at the end the following:
"(C) subject to paragraph (2), is a vessel that, after fiscal year 2025, has entered or operated in a port, harbor, or marine terminal that--
"(i) is within the geographic area of 2034'31" N, 2034'13" N, 8707'47" W, 8707'20" W;
"(ii) the President determines was owned, held, or controlled, directly or indirectly, by a United States person at the time that--
"(I) such port, harbor, or marine terminal is nationalized or expropriated by an agency or official of a government of a foreign trade partner of the United States; or
"(II) actions were taken that have the effect of nationalization or expropriation of such port, harbor, or marine terminal by such an agency or official; and
"(iii) is not the subject of a currently pending arbitration under a free trade agreement with the United States.
"(2) Applicability.--Paragraph (1)(C) shall cease to apply with respect to a port, harbor, or marine terminal described in such paragraph if--
"(A) the President determines that--
"(i) the ownership, possession, or control of the port, harbor, or marine terminal described in such paragraph has been restored to the United States person described in clause (ii) of such paragraph; and
"(ii) the government of the foreign trade partner described in such clause has terminated any measures that had the effect of nationalizing or expropriating the port, harbor, or marine terminal;
"(B) the President determines that such government has provided adequate and effective compensation for such port, harbor, or marine terminal that is--
"(i) in convertible foreign exchange or in other compensation mutually acceptable by such United States person and such government; and
"(ii) equivalent to the full value of such port, harbor, or marine terminal, as required by international law; or
"(C) the President determines that the matter has otherwise been resolved to the satisfaction of the President.
"(3) Definition of united states person.--In this subsection, the term `United States person' means--
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
"(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.".
______
SA 6677. Mr. SULLIVAN (for himself and Ms. Rosen) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (1,003 characters)
At the appropriate place, insert the following:
SEC. __. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) In General.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking "after January 1, 2027" and inserting "after January 1, 2028".
(b) Report.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives a report identifying all transfers made pursuant to section 12001(a)(1) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) prior to the date of the enactment of this Act, including the date of each transfer, a description of the defense articles transferred, and the payment amount or concessions received in exchange for each transfer.
______
SA 6678. Mr. HICKENLOOPER (for himself and Ms. Lummis) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (11,998 characters)
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
Text printed in the Record (7,332 characters)
Congress a briefing on the details of the demonstration project.
(B) Annual report.--Not later than 1 year after the initial briefing under subparagraph (A), and annually thereafter until the conclusion of the 1 or more demonstration missions, the Administrator shall submit to the appropriate committees of Congress a status report on--
(i) the technology developed under the demonstration project;
(ii) progress toward the accomplishment of the 1 or more demonstration missions; and
(iii) any duplicative efforts carried out or supported by the National Aeronautics and Space Administration or the Department of Defense.
(C) Recommendations.--Not later than 1 year after the date on which the first demonstration mission is carried out under this subsection, the Administrator, in consultation with the head of each relevant Federal department or agency, shall submit to Congress a report that provides legislative, regulatory, and policy recommendations to improve active debris remediation missions, as applicable.
(D) Technical analysis.--
(i) In general.--To inform decisions regarding the acquisition of active debris remediation services by the Federal Government, not later than 1 year after the date on which an award is made under paragraph (1), the Administrator shall submit to Congress a report that--
(I) summarizes the cost-effectiveness, and provides a technical analysis of, technologies developed under the demonstration project;
(II) identifies any technology gaps addressed by the demonstration project and any remaining technology gaps; and
(III) provides, as applicable, any further legislative, regulatory, and policy recommendations to enable active debris remediation missions.
(ii) Availability.--The Administration shall make the report submitted under clause (i) available to the Secretary, the Secretary of Defense, and other relevant Federal departments and agencies, as determined by the Administrator.
(7) Sense of congress on international cooperation.--It is the sense of Congress that, in carrying out the demonstration project, it is critical that the Administrator, in coordination with the Secretary of State and in consultation with the National Space Council, cooperate with one or more partner countries to enable the remediation of orbital debris that is under their respective jurisdictions.
(c) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $150,000,000 for the period of fiscal years 2026 through 2030.
(d) Rule of Construction.--Nothing in this section may be construed to grant the Administrator the authority to issue any regulation relating to activities under subsection (b) or related space activities under title 51, United States Code.
SEC. 1705. ACTIVE DEBRIS REMEDIATION SERVICES.
(a) In General.--To foster the competitive development, operation, improvement, and commercial availability of active debris remediation services, and in consideration of the economic analysis required by subsection (b) and the briefing and reports under section 1704(b)(6), the Administrator and the head of each relevant Federal department or agency may acquire services for the remediation of orbital debris, whenever practicable, through fair and open competition for contracts that are well-defined, milestone-based, and in accordance with the Federal Acquisition Regulation.
(b) Economic Analysis.--Based on the results of the demonstration project, the Secretary, acting through the Office of Space Commerce, shall publish an assessment of the estimated Federal Government and private sector demand for orbital debris remediation services for the 10-year period beginning in 2026.
SEC. 1706. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR
UNITED STATES SPACE ACTIVITIES.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the National Space Council, in coordination with the Secretary, the Administrator of the Federal Aviation Administration, the Secretary of Defense, the Secretary of State, the Federal Communications Commission, and the Administrator, shall initiate an update to the Orbital Debris Mitigation Standard Practices that--
(1) considers planned space systems, including satellite constellations; and
(2) addresses--
(A) collision risk;
(B) explosion risk;
(C) casualty probability;
(D) post-mission disposal of space systems;
(E) time to disposal or de-orbit;
(F) spacecraft collision avoidance and automated identification capability; and
(G) the ability to track orbital debris of decreasing size.
(b) Consultation.--In developing the update under subsection (a), the National Space Council, or a designee of the National Space Council, shall seek advice and input on commercial standards and best practices from representatives of the commercial space industry, academia, and nonprofit organizations, including through workshops and, as appropriate, advance public notice and comment processes under chapter 5 of title 5, United States Code.
(c) Publication.--Not later than 1 year after the date of the enactment of this Act, such update shall be published in the Federal Register and posted to the relevant Federal Government internet websites.
(d) Regulations.--To promote uniformity and avoid duplication in the regulation of space activity, including licensing by the Federal Aviation Administration, the National Oceanic and Atmospheric Administration, and the Federal Communications Commission, such update, after publication, shall be used to inform the further development and promulgation of Federal regulations relating to orbital debris.
(e) International Promotion.--To encourage effective and nondiscriminatory standards, best practices, rules, and regulations implemented by other countries, such update shall inform bilateral and multilateral discussions focused on the authorization and continuing supervision of nongovernmental space activities.
(f) Periodic Review.--Not less frequently than every 5 years, the Orbital Debris Mitigation Standard Practices referred to in subsection (a) shall be assessed and, if necessary, updated, used, and promulgated in a manner consistent with this section.
SEC. 1707. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION.
(a) In General.--The Secretary, in coordination with the Secretary of Defense and members of the National Space Council and the Federal Communications Commission, shall facilitate the development of standard practices for on-orbit space traffic coordination based on existing guidelines and best practices used by Government and commercial space industry operators.
(b) Consultation.--In facilitating the development of standard practices under subsection (a), the Secretary, through the Office of Space Commerce, in consultation with the National Institute of Standards and Technology, shall engage in frequent and routine consultation with representatives of the commercial space industry, academia, and nonprofit organizations.
(c) Promotion of Standard Practices.--On completion of such standard practices, the Secretary, the Secretary of State, the Secretary of Transportation, the Administrator, and the Secretary of Defense shall promote the adoption and use of the standard practices for domestic and international space missions.
______
SA 6679. Mr. HICKENLOOPER (for himself and Mr. Bennet) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (800 characters)
At the end of subtitle A of title XV, add the following:
SEC. 1510A. REPORT ON TRANSITION OF UNITED STATES SPACE
COMMAND TO REDSTONE ARSENAL.
(a) In General.--Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense committees a report on the transition of the United States Space Command to Redstone Arsenal.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) Civilian attrition and relocation-acceptance rates, by directorate.
(2) Billet fill rates at both Peterson Space Force Base and Redstone Arsenal.
(3) Retention and relocation incentive costs.
(4) Military construction cost growth against the original estimate.
(5) Any change in mission performance metrics.
______
SA 6680. Mr. HICKENLOOPER (for himself, Mr. Cruz, and Mr. Lujan) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (2,653 characters)
At the end of subtitle A of title XV, add the following:
SEC. 1510A. REPORT ON SAFE ORBITAL TRAJECTORY OPTIONS FROM
INLAND AND NONTRADITIONAL LAUNCH SITES.
(a) In General.--Not later than 180 days after the date of the enactment of this Act of this Act, the Secretary of Defense, in consultation with the Administrator of the Federal Aviation Administration and the Administrator of National Aeronautics and Space Administration, shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report on safe orbital launch trajectory options from inland and nontraditional launch sites.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An assessment of the flight safety requirements necessary to permit overland launch trajectories for both expendable and partially or fully reusable launch systems to the various inclinations and orbital regimes, including Low-Earth Orbit (LEO), Medium-Earth Orbit (MEO), Geostationary Orbit (GEO), and Highly Elliptical Orbit (HEO).
(2) Public safety and debris-risk modeling for prospective full-cycle launch and reentry operations, including economic and environmental impacts.
(3) An evaluation of the types of full-cycle launch and reentry vehicles suitable for inland and nontraditional sites, explicitly addressing the infrastructure required to support vertical launch capabilities and distinguishing among expendable, partially reusable, and fully reusable launch systems.
(4) A cost estimate for the infrastructure and operational needs associated with activating and using individual inland and nontraditional launch sites, considering both existing commercial spaceport infrastructure and potential new sites.
(5) A cost-benefit analysis weighing the national security resilience benefits of expanded launch infrastructure with the substantial investments required to support heavy-lift launch vehicles.
(6) An analysis of the manner in which such alternative launch options will inform future operational and capability requirements for national security launch providers.
(7) A framework for integrating nontraditional and inland ranges into the national launch enterprise through Federal range services, dynamic airspace management, and flexible deployment capabilities.
(8) The assumptions and conditions on which the report is based and an assessment of their viability.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
______
SA 6681. Mr. HICKENLOOPER (for himself and Mr. Tillis) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (4,119 characters)
At the end of subtitle E of title X, insert the following:
SEC. 1050. REPORT ON CRITICAL DEFENSE MINERAL REQUIREMENTS
AND MUNITIONS SUPPLY CHAIN RESILIENCY.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Director of the Defense Logistics Agency Strategic Materials, shall submit to the appropriate committees of Congress a report assessing critical defense mineral requirements, stockpile alignment, and supply chain vulnerabilities for munitions production.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An assessment of the critical minerals and critical materials required--
(A) to replenish munitions expended in operations of the United States Central Command since February 2026 to pre-conflict inventory levels;
(B) to achieve munitions inventory objectives across a range of contingency scenarios for the Indo-Pacific region of varying duration and intensity, reported as a demand range rather than a single estimate; and
(C) to estimate the duration for which stockpile holdings and supply arrangements as of the date of the enactment of this Act can sustain munitions production at required rates before surge production in the United States or allies of the United States is required to provide replacement supply.
(2) For each critical mineral identified under paragraph (1), a comprehensive mapping of sole-source and near-sole-source chokepoints, and chokepoints controlled by the People's Republic of China or other adversaries of the United States, across extraction, processing, refining, fabrication, and component manufacturing stages, assessed by mineral and by munition system.
(3) An analysis of the alignment of the composition of the National Defense Stockpile with the mineral requirements identified under paragraph (1), including--
(A) critical minerals for which no stockpile holding exists as of the date of the enactment of this Act;
(B) whether stockpiled minerals are held in forms and grades usable by the munitions industrial base without intermediate processing that reintroduces foreign dependency; and
(C) critical defense mineral requirements associated with munitions programs of record in development or early production that are not captured in the assessment under paragraph (1).
(4) A munition-to-materials crosswalk for munitions and interceptors, detailing the critical defense minerals, energetics, materials, and industrial inputs required for production, including identification of the principal drivers of replenishment risk.
(5) A prioritized assessment of the 10 most significant mineral, material, component, industrial, or processing bottlenecks limiting munitions replenishment and inventory reconstitution.
(6) Recommendations for addressing the vulnerabilities identified under paragraphs (1) through (5), including--
(A) stockpile acquisition priorities and any additional legislative authorities or appropriations required to close identified gaps;
(B) agreements with countries that are allies or partners of the United States necessary to establish assured supply arrangements for minerals and materials subject to adversary-controlled chokepoints; and
(C) a plan for establishing a standing analytic capability within the Department of Defense--
(i) to translate operational munitions expenditure into critical defense mineral demand requirements; and
(ii) to integrate critical mineral supply chain assessments into munitions acquisition milestone decisions, inventory management, and force-planning decisions.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of Representatives.
______
SA 6682. Mr. GALLEGO submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (874 characters)
At the end of subtitle D of title XXVIII, add the following:
SEC. 2873. REPORT ON MILITARY INSTALLATIONS AND OTHER
LOCATIONS IMPACTED BY CONFLICT WITH ISLAMIC
REPUBLIC OF IRAN.
(a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on military installations, forward operating bases, and cooperative security locations damaged or impacted during the conflict with the Islamic Republic of Iran.
(b) Elements.--The report submitted under subsection (a) shall include--
(1) for each location included in the report, a comprehensive cost estimate of the necessary repairs for such location; and
(2) a list of the critical munitions (by type), including the number of such munitions, expended during the conflict with the Islamic Republic of Iran.
______
SA 6683. Mr. COTTON submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of 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 (9,587 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 are exported from the United States must be protected from diversion, theft, and other unauthorized use or exploitation in order to bolster the competitiveness of the United States and protect the national security of the United States;
(4) illegal diversion of advanced integrated circuits and computing hardware, particularly illegal diversion to the People's Republic of China and the Russian Federation, is a significant and growing issue that undermines the United States' export controls and threatens the United States' national security;
(5) implementing chip security mechanisms will improve enforcement of export control laws of the United States, assist allies and partners with guarding computing hardware, and enhance protections from bad actors looking to access, divert, or tamper with advanced integrated circuits and computing hardware; and
(6) implementing chip security mechanisms may help with the detection of smuggling or exploitation of advanced integrated circuits and computing hardware, thereby allowing for increased flexibility in export controls and opening the door for more international partners to receive streamlined and larger shipments of advanced computing hardware.
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs of the House of Representatives.
(2) Chip security mechanism.--The term "chip security mechanism" means, with respect to a covered integrated circuit product, a software-, firmware-, or hardware-enabled security mechanism or a physical security mechanism, including--
(A) periodic on-site audits or inventories at the end-user's approved destination for the covered integrated circuit product;
(B) periodic attestations by a U.S.-headquartered entity, or its subsidiaries, confirming that all covered integrated circuit products are accounted for, provided the Under Secretary approves the attestations;
(C) except in the case of a covered integrated circuit product whose sole or principal function is memory or storage, ping-based location verification through a trusted landmark server utilizing secure software- or firmware-enabled mechanisms; or
(D) various other mechanisms, or combinations of mechanisms, that the Under Secretary determines can verifiably demonstrate with significant confidence that the covered integrated circuit product has not been illegally diverted to a destination of concern.
(3) Covered integrated circuit product.--
(A) In general.--The term "covered integrated circuit product" means a certain integrated circuit, computer, or other product classified under Export Control Classification Number 3A090, 4A090, 5A002.z, related .z Export Control Classification Numbers, or other functionally equivalent or substantially similar items.
(B) Modification.--The Under Secretary shall routinely modify the definition of the term "covered integrated circuit product" under subparagraph (A) for the purposes of this subtitle to ensure only integrated circuits, computers, electronic assembly, or components designed or marketed for datacenter use are subject to the requirements of this subtitle.
(C) Exclusion.--The term "covered integrated circuit" does not include--
(i) covered integrated circuits or products containing a covered integrated circuit that are not designed or marketed for use in a data center;
(ii) microprocessor microcircuits, such as central processing units, that are not graphics processing units or similar products; or
(iii) network switch integrated circuits whose dominant function is routing traffic over a computing network.
(4) Destination of concern.--The term "destination of concern" means--
(A) a country subject to a United States arms embargo as described in section 126.1 of title 22, Code of Federal Regulations; or
(B) any other country determined by the Under Secretary.
(5) Export, in-country transfer, and reexport.--The terms "export", "in-country transfer", and "reexport" have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(6) Under secretary.--The term "Under Secretary" means the Under Secretary of Commerce for Industry and Security.
SEC. 1097. RULES OF CONSTRUCTION.
Nothing in this subtitle may be construed to direct the Under Secretary--
(1) to require any chip security mechanisms that--
(A) may hinder the capability or functionality of a covered integrated circuit product, such as a kill switch or geofencing mechanism; or
(B) meaningfully undermine the cybersecurity of the covered integrated circuit product;
(2) to mandate the incorporation of a location verification mechanism on a covered integrated circuit product that requires physical changes to hardware;
(3) to consider any chip security mechanism requirements of this subtitle as applicable to a person that fabricates covered integrated circuit products, unless the person also designs the respective covered integrated circuit products;
(4) to require chip security mechanisms for exports of integrated circuits, computers, electronic assemblies, or components that are not designed or marketed for artificial intelligence datacenter use;
(5) to limit any other enforcement authority of the Under Secretary or the head of any other Federal department or agency under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) or any other provision of law; or
(6) to apply any requirements or regulations under this subtitle to any covered integrated circuit products in the United States.
SEC. 1098. INITIAL REPORT TO CONGRESS ON CHIP SECURITY
MECHANISMS.
(a) Assessment.--On the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy and in robust consultation with the public in a manner determined appropriate by the Under Secretary and in consultation with the heads of other relevant Federal departments and agencies, shall initiate an assessment--
(1) to identify potential chip security mechanisms to enable reliable verification of whether a covered integrated circuit product has been illegally diverted or accessed;
(2) to develop incentives for facilitating industry-wide incorporation of such chip security mechanisms;
(3) to conduct an analysis of the potential costs associated with implementing such chip security mechanisms; and
(4) to recommend a set of chip security mechanisms that would effectively detect diversion and smuggling and is technically feasible, cost-effective, and ensures the technology leadership of the United States.
(b) Stakeholder Engagement.--In carrying out the requirements under subsection (a), the Under Secretary shall undertake a robust stakeholder engagement process to inform the development and implementation of chip security mechanisms, which shall include--
(1) soliciting input from relevant stakeholders, including--
(A) private sector entities involved in the covered integrated circuit product supply chain;
(B) experts in software, firmware, hardware security, cybersecurity, privacy, export compliance, national security, and advanced artificial intelligence; and
(C) individuals from academic institutions, federally funded research and development centers, Federal departments and agencies, and other research organizations with relevant expertise; and
(2) incorporating stakeholder feedback to ensure that required chip security mechanisms are operationally effective, scalable, and aligned with best practices in security, privacy, and export compliance.
(c) Report to Congress.--
(1) In general.--Not later than 210 days after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate congressional committees a report on the results of the assessment required by subsection (a), including--
(A) an identification of the chip security mechanisms the Under Secretary plans to propose pursuant to implementing section 1099;
(B) an identification of future research and development directions that could be used to enhance robustness of chip security mechanisms and incentives to promote such research and development directions;
(C) a roadmap for the timely implementation of the chip security mechanisms; and
(D) any recommendations for potential modifications to relevant export controls to allow for more flexibility with respect to the countries to or in which covered integrated circuit products may be exported, reexported, or in-country-transferred if the products include chip security mechanisms.
(2) Form.--The report required in this subsection shall be submitted in unclassified form but may include a classified annex.
SEC. 1099.
Text printed in the Record (11,943 characters)
REQUIREMENTS FOR CHIP SECURITY MECHANISMS FOR
EXPORT, RE-EXPORT, OR IN-COUNTRY TRANSFER OF
COVERED INTEGRATED CIRCUIT PRODUCTS.
(a) Primary Requirements.--
(1) In general.--Not later than one year after the date of the enactment of this Act,
the Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall require any covered integrated circuit product that is exported, reexported, or in-country transferred to or within a foreign country to be secured by a chip security mechanism that enables reliable verification of whether the product has been illegally diverted to destinations of concern, to the extent consistent with the recommendations transmitted pursuant to section 1098, using techniques that are feasible and appropriate on such date of enactment.
(2) Adaptation of requirement for geographical differences.--In implement the requirements of paragraph (1), the Under Secretary may select chip security mechanisms that vary by geographical region and by party, as the Under Secretary deems appropriate to support national security and foreign policy.
(3) Proposed regulations.--
(A) In general.--Not later than 270 days after the date of the enactment of this Act, the Under Secretary shall promulgate proposed regulations implementing the requirements of paragraph (1).
(B) Requirements.--In promulgating the proposed regulations under subparagraph (A), the Under Secretary shall--
(i) solicit public feedback on potential guidance to clarify the categories of persons subject to this requirement, how information should be securely shared between entities, and the procedures for submission of such notifications, in order to ensure clarity regarding compliance obligations and implementation; and
(ii) issue guidance to clarify how the regulations can be applied in nations with data localization laws or data privacy laws, providing flexibility if such laws require novel or flexible approaches.
(4) Rule promulgation.--Not later than one year after the date of the enactment of this Act, the Under Secretary, in robust consultation with the public in a manner determined appropriate by the Under Secretary and in consultation with the heads of other relevant Federal departments and agencies, shall promulgate a rule that includes a reporting requirement to inform the Bureau of Industry and Security of the Department of Commerce whenever chip security mechanisms fail to confirm that any covered integrated circuit product has not been illegally diverted to a destination of concern, taking into account reasonable time for persons to verify or repair the chip security mechanism, identified in the rule, including instances in which there is evidence that a product has been subjected to tampering or an attempt at tampering, including efforts to disable, spoof, falsify, manipulate, mislead, or circumvent chip security mechanisms.
(5) Stakeholder engagement.--In carrying out this subsection, the Under Secretary shall undertake a robust stakeholder engagement process to inform the development and implementation of chip security mechanisms, which shall include--
(A) soliciting input from relevant stakeholders, including--
(i) private sector entities involved in the covered integrated circuit product supply chain;
(ii) experts in software, firmware, and hardware security, cybersecurity, privacy, export compliance, national security, and advanced artificial intelligence; and
(iii) individuals from academic institutions, federally funded research and development centers, Federal departments and agencies, and other research organizations with relevant expertise; and
(B) incorporating stakeholder feedback to ensure that required chip security mechanisms are operationally effective, scalable, and aligned with best practices in security, privacy, and export compliance.
(b) Enhancements to Chip Security Mechanisms.--
(1) Assessment.--
(A) In general.--Not later than two years after the date of the enactment of this Act, and annually thereafter for three years, the Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall--
(i) conduct an assessment, in robust consultation with the public in a manner determined appropriate by the Under Secretary and in consultation with the heads of other relevant Federal departments and agencies, to identify what enhancements, if any, should be used to improve the chip security mechanisms implemented under subsection (a)(1)--
(I) to enhance compliance with the requirements of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.);
(II) to detect the illegal diversion of covered integrated circuit products;
(III) to identify and monitor smuggling intermediaries;
(IV) to ensure United States technology leadership;
(V) to ensure the orderly and effective implementation of the chip security mechanism; and
(VI) to address industry feedback about the implementation of the chip security mechanism;
(ii) if the Under Secretary identifies any such enhancements, develop incentives for facilitating industry-wide incorporation of such enhancements for covered integrated circuit products; and
(iii) where necessary, to expedite the implementation of such enhancements and identify and support research activities, such as--
(I) updating and clarifying relevant vulnerability and threat models;
(II) developing definitions, assets, and other practices to support traceability and provenance of materials and data across the product lifecycle;
(III) developing updated databases of existing trust and assurance data practices; and
(IV) developing practices for implementing chip security mechanisms and sharing relevant information across the product life cycle while protecting confidential intellectual property.
(B) Elements.--The assessment required by subparagraph (A) shall include--
(i) an examination of the feasibility, reliability, and effectiveness of--
(I) methods and strategies that prevent the tampering, disabling, or other manipulating of covered integrated circuit products; and
(II) any other method the Under Secretary determines appropriate for the prevention of unauthorized use, access, or exploitation of covered integrated circuit products;
(ii) an analysis of--
(I) the potential costs associated with implementing each method examined under clause (i), including an analysis of--
(aa) the potential impact of the method on the performance of covered integrated circuit products; and
(bb) the potential for the introduction of new vulnerabilities into the products;
(II) the potential benefits of implementing the methods examined under clause (i), including an analysis of the potential increase--
(aa) in compliance of covered integrated circuit products with the requirements of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.);
(bb) in detecting and deterring illegal diversion of the covered integrated circuit products; and
(cc) in enhancing persons' global inventory management; and
(III) the susceptibility of the methods examined under clause (i) to tampering, disabling, or other forms of manipulation; and
(iii) an estimate of the expected costs to implement at-scale methods to tamper with, disable, or manipulate a covered integrated circuit product, or otherwise circumvent the methods examined under clause (i).
(2) Report to congress.--
(A) In general.--Not later than two years after the date of the enactment of this Act, and annually thereafter for three years, the Under Secretary shall submit to the appropriate congressional committees a report on the results of the assessment required by paragraph (1), including--
(i) an identification of the chip security mechanisms, if any, to be included in the requirements for enhanced chip security mechanisms;
(ii) an identification of research and development directions that could be used to improve the robustness of chip security mechanisms and incentives to promote such research and development directions;
(iii) if applicable, a roadmap for the timely implementation of the enhanced chip security mechanisms; and
(iv) any recommendations for modifications to relevant export controls to allow for more flexibility with respect to the countries to or in which covered integrated circuit products may be exported, reexported, or in-country transferred if the products include enhanced chip security mechanisms.
(B) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(3) Implementation.--
(A) In general.--If any enhanced chip security mechanisms identified pursuant to paragraph (1)(A) are determined by the Under Secretary to be appropriate, the Under Secretary may, not later than two years after the date on which the Under Secretary completes the assessment required by paragraph (1), require any covered integrated circuit product to incorporate the enhanced chip security mechanisms, or for additional mechanisms to be otherwise implemented, at the time the product is exported, reexported, or in-country transferred to or in a foreign country.
(B) Privacy and cybersecurity.--In assessing and developing requirements for enhanced chip security mechanisms under this subsection, the Under Secretary shall prioritize mitigation of confidentiality and cybersecurity risk.
(c) Enforcement Authority.--In addition to the penalty and enforcement authorities granted to the Under Secretary under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) or otherwise provided by law, in carrying out this section, the Under Secretary may--
(1) verify, in a manner the Under Secretary determines appropriate, the ownership and location of a covered integrated circuit product that has been exported, reexported, or in-country transferred to or in a foreign country;
(2) maintain a record of covered integrated circuit products and include in the record the location and current end-user of each such product; and
(3) require any person involved in the design, manufacture, sale, physical security, oversight, distribution, export, or licensed transfer of a covered integrated circuit product being exported, re-exported, or in-country-transferred to a foreign country to provide the information needed to maintain the
record (such as essential information relating to the chip security mechanisms, or the end-user of covered integrated circuit products located outside of the United States).
(d) Foreign Competitiveness Assessment and Related Authorities.--
(1) In general.--The Under Secretary shall annually assess the competitiveness of foreign covered integrated circuit products in relation to United States covered integrated circuit products.
(2) Waiver.--The Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, is authorized to waive any requirements of this subtitle if the Under Secretary, in consultation with such Secretaries, determines that the implementation of chip security mechanisms poses an undue burden on United States competitiveness, is inconsistent with the national security interests of the United States, and that exercising any and all authorities under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) insufficiently addressed issues arising from the presence of sufficient volume of foreign covered integrated circuit products not covered by the requirements of this subtitle.
(3) Congressional notification.--At least 30 days prior to exercising the waiver described in paragraph (2), the Under Secretary shall provide a written notification to the appropriate congressional committees containing detailed quantitative analysis demonstrating the rationale for the waiver and that exercising any and all authorities under the Export Control Reform Act of 2018 (50 U.S.C.
Text printed in the Record (772 characters)
4801 et seq.) insufficiently addressed issues arising from the presence of sufficient volume of foreign covered integrated circuit products not covered by the requirements of this subtitle.
(e) Enforcement.--A violation of any provision of this subtitle, or of any regulation, order, license, or other authorization issued pursuant to this subtitle shall be deemed a violation of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.).
(f) Administrative Procedures and Confidentiality of Information.--The provisions of sections 1762 and 1761(h) of the Export Control Reform Act of 2018 (50 U.S.C. 4821 and 4820(h)) shall apply to this subtitle in the same manner and to the same extent as such provisions apply to the Export Control Reform Act of 2018.
______
SA 6684. Mrs. MOODY submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (9,798 characters)
At the end of title X, add the following:
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the "Space Ready Act".
SEC. 1095. DEFINITIONS.
In this subtitle:
(1) Administration.--The term "Administration" means the National Aeronautics and Space Administration.
(2) Administrator.--The term "Administrator" means the Administrator of the National Aeronautics and Space Administration.
(3) Common use infrastructure.--The term "common use infrastructure"--
(A) means any infrastructure that benefits 1 or more NASA Center users;
(B) includes roadways and commodities pipelines and portions of roadways and commodities pipelines; and
(C) does not include any infrastructure that solely benefits the National Aeronautics and Space Administration.
(4) NASA.--The term "NASA" means the National Aeronautics and Space Administration.
(5) Project.--The term "project" means any work performed in support of a common activity or infrastructure effort under 1 or more common use infrastructure agreements entered into pursuant to this subtitle, regardless of whether such work is conducted pursuant to a single agreement or multiple separate agreements with different commercial entities.
SEC. 1096. PILOT PROGRAM FOR INFRASTRUCTURE INVESTMENTS AT
NASA CENTERS.
(a) Pilot Program.--The Administrator may conduct a pilot program for private and public investment in specific infrastructure projects at 1 or more NASA Centers.
(b) Agreements in Support of Common Use Infrastructure Projects.--
(1) Funding.--
(A) Voluntary infrastructure contributions.--The Administrator may enter into agreements under section 20113(e) of title 51, United States Code, involving transactions that support public and commercial activities at 1 or more NASA Centers, and such agreements may include the authority to collect voluntary infrastructure contributions to fund specific capital repair, maintenance, and improvement projects described in paragraph (2), but no contribution may be collected or accepted, and no agreement authorizing the collection of such contributions may be executed, except to the extent and in such amounts as provided in advance in an appropriations Act. Any contributions so collected shall be available only to the extent and in such amounts as provided in advance in appropriations Acts, and shall be subject to the same purposes, terms, and conditions as amounts otherwise appropriated to the account.
(B) Transparency.--
(i) Cost and schedule estimates.--In any agreement that includes the means for voluntary contributions described in this section, the Administrator shall establish a reasonable cost and schedule baseline for each project.
(ii) Project completion.--At the conclusion of each designated project, the Administrator shall provide each contributing commercial entity with a final project cost, including a breakdown of cost sharing between government and commercial entities.
(C) Project costs and timelines.--The Administrator shall--
(i) to the maximum extent practicable, ensure that the projects described in this section are completed within the cost estimates and timelines established under subparagraph (B)(i); and
(ii) exercise streamlined acquisition procedures to the maximum extent allowed by law.
(D) Cost-sharing.--The Administrator shall ensure that any agreement entered into with a commercial entity under subparagraph (A) provides that, at the conclusion of the project, any funds contributed by the commercial entity that remain unexpended shall be returned to such entity in proportion to the amount originally contributed by the partner.
(E) Nonconditioning of agreements.--The Administrator shall not withhold execution of any agreement under section 20113(e) of title 51, United States Code, or deny a lease or other authorization for commercial activities on the basis of a failure to reach agreement on the amount or terms of contributions described in this section.
(F) Requirements with respect to agreements.--Each agreement entered into with a commercial entity under subparagraph (A) shall, on a case-by-case basis--
(i) address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement;
(ii) include a provision that the commercial entity will not recover the costs of its contribution through any other agreement with the United States; and
(iii) include a provision that mutually determines which entity covers costs in the event of cost overruns or project delays.
(G) CECR funds.--
(i) In general.--As provided in advance in appropriations Acts, the Administrator is authorized to use amounts otherwise made available within the Construction and Environmental Compliance and Restoration account to fulfill the obligations entered into by the Administrator under agreements pursuant to this section.
(ii) Receipt of funds.--Contributions may be collected only as provided in subparagraph (A). Private contributions deposited into the Construction and Environmental Compliance and Restoration account shall be available only to the extent and in such amounts as provided in advance in appropriations Acts, and shall be subject to the same purposes, terms, and conditions as amounts otherwise appropriated to the account.
(H) Contributions from other entities.--The Administrator may enter into agreements for voluntary contributions from other entities, including Federal, State, or local authorities, for the purpose of funding projects.
(I) Direct agreements.--
(i) Rule of construction.--Nothing in this subtitle may be construed to restrict the Administrator from entering into direct agreements under section 20113(e) of title 51, United States Code, with entities to perform work within a NASA Center separate from the activities funded through projects.
(ii) Prioritization.--The Administrator shall prioritize such direct agreements in instances in which required work would be completed more expeditiously or at a lower cost than through the pilot program described in this section.
(iii) Direct contributions.--The Administrator may make direct financial or in-kind contributions to projects undertaken by commercial entities under agreements entered into under clause (i), as the Administrator considers appropriate to support common use infrastructure at a NASA Center.
(2) Use of funds.--
(A) In general.--Contributions proffered by entities under agreements in support of projects shall be used by the Administrator to conduct capital repairs, maintenance, and improvements to NASA-owned infrastructure at a NASA Center, as the Administrator considers necessary to support activities conducted under agreements entered into under section 20113(e) of title 51, United States Code, which may include renovation, rehabilitation, sustainment, demolition, construction, operation, maintenance, repair, enhancement, expansion, and modernization of NASA-owned infrastructure at a NASA Center.
(B) Consultation.--The Administrator shall consult and partner with other Federal, State, and local public entities--
(i) to ensure that such projects are not duplicative; and
(ii) to identify opportunities for projects to provide increased capability or capacity to users.
(C) Treatment of improvements.--Improvements made to NASA-owned infrastructure at a NASA Center with amounts made available under a voluntary agreements under this section shall be property of the United States, unless the Administrator determines that transferring ownership of such improvements would be in the best interests of the United States.
(D) Unexpended contributions.--For any voluntary contributions from a commercial entity designated to a specific project that are not fully expended on that project within 90 days of the project becoming operational, the Administrator shall, at the election of the contributing commercial entity--
(i) refund the unexpended portion to the entity; or
(ii) allow the commercial entity to redesignate the funds to another eligible project under this subsection.
(3) Annual report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on projects conducted under this section that includes the following:
(A) For the preceding calendar year, the total amount of expenditures on projects by NASA and industry.
(B) The proposed uses of amounts contributed by NASA and industry for the operating plans of the Administration.
(C) Additional recommendations for efforts to streamline or reduce costs for each agreed upon project described in this section.
(4) Updates.--Not less frequently than every 2 years, the Administrator, in collaboration with commercial entities, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives interim milestone updates relating to the pilot program under this section.
(5) Termination.--
(A) In general.--The authority to collect voluntary contributions under paragraph (1)(A) shall terminate on December 31, 2031.
(B) Rule of construction.--The termination under subparagraph (A) of the authority to collect voluntary contributions may not be construed to otherwise affect the validity or terms of agreements under section 20113(e) of title 51, United States Code, or the retention or use by the Administration of proceeds from such agreements.
(6) Prohibition on new budget authority.--Nothing in this subtitle may be construed to provide new budget authority to incur obligations in advance of appropriations.
______
SA 6685. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (877 characters)
At the appropriate place in title X, insert the following:
SEC. ___. EXCEPTION TO NON-PROCESSING RELATED FEE FOR H-1B
NONIMMIGRANTS WHO WILL BE PUBLIC SCHOOL
EMPLOYEES.
In addition to the exceptions set forth in section 1(c) of the Presidential Proclamation 10973 (90 Fed. Reg. 46027; relating to restriction on entry of certain nonimmigrant workers), which was issued on September 19, 2025, petitions filed on behalf of aliens entering the United States as nonimmigrants to perform services in a specialty occupation described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) and who will be working for a public school or a public school district in the United States shall not be required to be accompanied or supplemented by the payment of $100,000 otherwise required under section 1(a) of such Proclamation.
______
SA 6686. Mrs. BRITT submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (873 characters)
At the end of subtitle G of title X, add the following:
SEC. 1__. APPLICABILITY OF INDIAN REORGANIZATION ACT TO THE
POARCH BAND OF CREEK INDIANS.
(a) In General.--The Poarch Band of Creek Indians shall be considered "now under Federal jurisdiction" as of June 18, 1934, for purposes of the Act of June 18, 1934 (commonly known as the "Indian Reorganization Act") (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.).
(b) Lands Taken Into Trust.--All lands taken into trust by the United States for the benefit of the Poarch Band of Creek Indians before the date of enactment of this Act are reaffirmed as trust land, and the actions of the Secretary of the Interior in taking those lands into trust under the Act of June 18, 1934 (commonly known as the "Indian Reorganization Act") (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.), are ratified and confirmed.
______
SA 6687. Mr. MORENO submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (2,036 characters)
At the end of subtitle G of title X add the following:
SEC. 1094. FINDINGS ON SECURITY OF CONNECTED VEHICLES.
Congress makes the following findings:
(1) The United States automotive industry is critical to the national economy, supporting millions of jobs, supply chains, and advanced manufacturing. The introduction of vehicles and components controlled by foreign adversaries threatens industrial competitiveness and technological leadership.
(2) The People's Republic of China has rapidly expanded its automotive manufacturing capacity and is increasingly targeting export markets. Despite having the largest market in the world, the People's Republic of China exports nearly 8,000,000 vehicles annually, approximately twice the volume exported by any other country, demonstrating the scale at which vehicles and components controlled by a foreign adversary may enter global markets, including the United States.
(3) Connected vehicles incorporate advanced information and communications technologies that collect, process, and transmit vast amounts of sensitive data, including geolocation, operational, and personal information, and are capable of being remotely accessed and controlled.
(4) In Executive Order 13873 (50 U.S.C. 1701 note; relating to securing the information and communications technology and services supply chain), the President declared a national emergency with respect to the threat posed by foreign adversaries creating and exploiting vulnerabilities in information and communications technology and services.
(5) The access, control, or influence of vehicle connectivity systems or automated driving systems by foreign adversaries creates substantial economic and national security risks to the United States, including risks of surveillance, espionage, cyber intrusion, and disruption of critical infrastructure. Such risks fall within the scope of the national emergency described in Executive Order 13873 and pose an unacceptable threat to the security and resilience of the United States.
______
SA 6688. Mr. KING submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (5,068 characters)
At the end of section 1091, add the following:
(f) Katahdin Woods and Waters National Monument Access.--
(1) Definitions.--In this subsection:
(A) Authorized acquisition area.--The term "authorized acquisition area" means the designated area outside the boundary of the National Monument depicted as "Authorized Acquisition Area" on the map entitled "Katahdin Woods and Waters National Monument Proposed Boundary Adjustment", numbered 686/193,181, and dated March 2024.
(B) National monument.--The term "National Monument" means the Katahdin Woods and Waters National Monument in the State of Maine established by the Proclamation.
(C) Proclamation.--The term "Proclamation" means Presidential Proclamation Number 9476, dated August 24, 2016 (54 U.S.C. 320301 note).
(D) Secretary.--The term "Secretary" means the Secretary of the Interior.
(2) Acquisition of additional land for national monument.--
(A) Boundary.--The boundaries of the National Monument shall be the boundaries established by the Proclamation.
(B) Acquisition.--
(i) In general.--Subject to clause (ii), the Secretary may acquire, by purchase from a willing seller, donation, or exchange, land or interests in land within the authorized acquisition area.
(ii) Prohibition on use of eminent domain.--Nothing in this subsection authorizes the use of eminent domain to acquire land or an interest in land.
(C) Treatment of acquired land; boundary adjustment.--On acquisition by the Secretary of any land pursuant to subparagraph (B)--
(i) the land shall be included in the National Monument; and
(ii) the boundaries of the National Monument shall be adjusted accordingly.
(3) Administration of national monument.--
(A) Administration.--The Secretary shall administer the National Monument (including the land added to the National Monument under this subsection) in accordance with--
(i) this subsection;
(ii) the Proclamation; and
(iii) the laws generally applicable to units of the National Park System.
(B) Hunting, fishing, and outdoor recreation on acquired land.--The Secretary shall allow hunting, fishing, or any other outdoor recreation activity on land acquired pursuant to paragraph (2)(B)--
(i) if that activity was in existence on the day before the date of acquisition of the land; and
(ii) consistent with the management of that activity under the Proclamation.
(C) Collection of fiddlehead ferns.--
(i) In general.--Subject to clause (ii), the Secretary shall allow the gathering by hand of fiddlehead ferns (Matteuccia struthiopteris) in the National Monument for noncommercial personal use and consumption by the general public.
(ii) Limitation.--If the Secretary determines that the gathering of fiddlehead ferns under clause (i) may adversely affect resources of the National Monument, the Secretary may limit the gathering of fiddlehead ferns under that clause in accordance with applicable regulations.
(D) Public education.--In accordance with the mission of the National Park Service, the Secretary shall collaborate with local communities and Tribal governments to educate the public regarding the natural environment and history of land management in the National Monument, including the shaping of that landscape by Native communities and practices, successive generations of timber management, and other activities.
(E) Forestry.--In accordance with the management plan for the National Monument, the Secretary may conduct such noncommercial timber harvests as the Secretary determines to be necessary.
(F) Protection of existing access.--Nothing in this subsection affects valid existing rights, including existing rights of access through the National Monument for the removal of timber outside the boundaries of the National Monument.
(G) Public safety.--
(i) In general.--The Secretary shall provide to the public appropriate safety education and notification materials to ensure safe interactions between visitors and logging trucks, equipment, and operations on roads in or adjacent to the National Monument.
(ii) Procedures.--The Secretary shall collaborate with affected stakeholders to establish procedures to meet the needs of visitors to the National Monument, logging and trucking operations, and other users of roads in or adjacent to the National Monument to ensure safe interactions between active logging operations and visitors.
(4) Administrative sites and visitor facilities.--
(A) In general.--To facilitate the administration of the National Monument, the Secretary may acquire, by purchase from a willing seller, donation, or exchange, not more than 10 acres of land or interests in land, including improvements, for the administration of the National Monument and visitor services outside the boundaries, but within the vicinity, of the National Monument.
(B) Agreements.--The Secretary may enter into agreements with the State of Maine, units of Tribal or local government, or private entities--
(i) to carry out this section; and
(ii) to develop a cooperative information center for the National Monument.
______
SA 6689. Mr. CASSIDY (for himself, Ms. Lummis, and Mrs. Blackburn) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (11,992 characters)
At the end of title X, add the following:
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the "Mined in America Act of 2026".
SEC. 1095. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) blockchain and digital asset technologies serve an essential role in the future economic, technological, and strategic interests of the United States, as reflected in official statements from the President, bipartisan action in Congress, and recent legislation establishing oversight and regulatory frameworks for digital assets;
(2) Bitcoin is the original digital asset, has operated through an open, decentralized network with no central authority for more than 15 years, and continues to demonstrate technical resilience, economic relevance, and functional independence;
(3) the establishment and management of a strategic reserve of Bitcoin by the Federal Government reinforces the continuing role in the national interest and the important long-term strategic value of Bitcoin;
(4) the reliability of the Bitcoin blockchain depends on a decentralized validation process and a globally distributed infrastructure, but a substantial portion of mining hardware currently in use is manufactured by companies related to foreign adversaries, creating national security and operational integrity risks;
(5) the ability of the United States to lead in Bitcoin and digital asset innovation requires that critical blockchain infrastructure, including mining hardware and consensus software, be developed, operated, and maintained within the United States, or friendly nations, and free from control by entities related to foreign adversaries;
(6) Bitcoin mining operators in the United States have contributed materially to domestic artificial intelligence capabilities by converting existing facilities and infrastructure to support machine learning, inference, and high-density compute operations; and
(7) the replacement of mining hardware related to foreign adversaries with compute infrastructure manufactured in the United States, or friendly nations, is a necessary national objective.
(b) Purpose.--The purpose of this subtitle is to facilitate the objective described in subsection (a)(7) through the use of existing Federal programs and authorities.
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) Certification program.--The term "certification program" means the Mined in America Certification Program established under section 1097(a).
(2) Demand response; demand-responsive.--The terms "demand response" and "demand-responsive" mean the capability of a facility, including a distributed energy system or controllable load, to adjust electricity consumption in response to price signals, grid reliability needs, or market incentives to enhance grid efficiency and resilience.
(3) Foreign adversary.--The term "foreign adversary" has the meaning given the term "covered nation" in section 4872(f) of title 10, United States Code.
(4) Friendly nation.--The term "friendly nation" means a foreign country that--
(A) is not a foreign adversary; and
(B) the Secretary of State designates as an ally or partner of the United States for purposes of this subtitle.
(5) High-density compute.--The term "high-density compute" means a computational operation or facility characterized by high power density and intensive processing workloads, including those used for artificial intelligence training, inference, blockchain validation, advanced data processing, and other energy intensive compute tasks.
(6) Mining facility.--The term "mining facility" means a physical site that houses and operates specialized computer hardware for the purpose of performing proof-of-work mining, including associated power, cooling, and network infrastructure.
(7) Mining pool.--The term "mining pool" means a group of participants in a proof-of-work mining network that--
(A) combine their computational resources over a network to increase the probability of validating a block; and
(B) share any resulting rewards in proportion to the contributed hash power of each participant.
(8) Proof-of-work mining.--The term "proof-of-work mining" means the operation of specialized hardware or computing systems to validate transactions and secure decentralized blockchain networks by solving cryptographic puzzles, resulting in the issuance of new units of a digital asset as a reward.
(9) Secretary.--The term "Secretary" means the Secretary of Commerce.
SEC. 1097. MINED IN AMERICA CERTIFICATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a voluntary certification program, to be known as the "Mined in America Certification Program", to certify mining facilities and mining pools that meet the requirements established under this section.
(2) Scope.--A certification under the certification program--
(A) shall not confer any regulatory license or waiver of legal requirements under any other provision of law (including regulations);
(B) may serve as a basis for eligibility for, priority for, or participation in a Federal loan, grant, reimbursement, or procurement program, in accordance with applicable law or regulations; and
(C) shall not be required for any mining facility or mining pool except as a condition of eligibility for, priority for, or participation in a program described in subparagraph (B), in accordance with applicable law or regulations.
(b) Certification Criteria and Administration.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations governing the certification of mining facilities and mining pools under the certification program.
(2) Eligibility.--To be eligible for certification under the certification program--
(A) the proof-of-work mining operations of the mining facility or mining pool shall be physically located within the United States or a friendly nation;
(B) in the case of the certification of a mining pool, the mining pool--
(i) shall be headquartered and operated in the United States or a friendly nation; and
(ii) shall not be owned, controlled, or subject to undue influence by an entity related to a foreign adversary;
(C) in the case of the certification of a mining facility, the mining facility--
(i) shall not be owned, controlled, or subject to undue influence by an entity related to a foreign adversary; and
(ii) shall participate in a mining pool described in subparagraph (B);
(D) the mining facility or mining pool shall document and attest to compliance with the applicable hardware sourcing standards described in paragraph (3);
(E) the mining facility or mining pool shall maintain cybersecurity protocols consistent with minimum standards established by the Secretary, including protection of network systems, private keys, remote access tools, and physical facilities; and
(F) the mining facility or mining pool shall satisfy any additional criteria that the Secretary determines to be necessary to uphold the integrity of the certification.
(3) Hardware sourcing standards.--
(A) In general.--To be eligible for certification under the certification program, a mining facility or mining pool shall be in compliance with the following hardware sourcing standards:
(i) Beginning on January 1, 2027, the mining facility or mining pool may not purchase any proof-of-work mining equipment manufactured by any entity related to any foreign adversary.
(ii) Beginning on January 1, 2028, not more than 75 percent of the active proof-of-work mining hardware of the mining facility or mining pool may be manufactured by an entity related to a foreign adversary.
(iii) Beginning on January 1, 2029, not more than 50 percent of the active proof-of-work mining hardware of the mining facility or mining pool may be manufactured by an entity related to a foreign adversary.
(iv) Beginning on January 1, 2030, 0 percent of the active proof-of-work mining hardware of the mining facility or mining pool may be manufactured by an entity related to a foreign adversary.
(B) Initial certifications.--The Secretary may issue a certification under the certification program before January 1, 2027, if--
(i) the applicable mining facility or mining pool has not purchased any proof-of-work mining equipment manufactured by any entity related to any foreign adversary since the date of enactment of this Act; and
(ii) the operator of the applicable mining facility or mining pool submits to the Secretary a plan for achieving compliance with the hardware sourcing standards described in subparagraph (A).
(C) Preferred certifications.--During the period beginning on January 1, 2027, and ending on December 31, 2029, the Secretary may designate a certification of a mining facility or mining pool under the certification program as a preferred certification for Federal program eligibility if not more than 25 percent of the active proof-of-work mining hardware of the mining facility or mining pool is manufactured by an entity related to a foreign adversary.
(D) Recognition of infrastructure conversion.--For the purposes of determining compliance with subparagraph (B) or (C), the Secretary shall consider proof-of-work mining hardware related to foreign adversaries to be removed from active deployment if the operator of the mining facility or mining pool demonstrates that the hardware has been replaced, repurposed, or retired in favor of proof-of-work mining hardware manufactured in the United States or a friendly nation, including infrastructure deployed for artificial intelligence training, inference, or grid-responsive computational operations.
(4) Duration; renewal.--A certification under the certification program--
(A) shall be valid for a period of not more than 2 years; and
(B) may be renewed only on a demonstration of continued compliance with all applicable requirements under this section.
(5) Information sharing.--In carrying out the certification program, the Secretary may share information with, or request information from, the Secretary of Energy or the Secretary of Agriculture.
(c) Application and Review Process.--
(1) In general.--In administering the certification program, the Secretary shall establish an application and review process for certification.
(2) Applications.--
(A) In general.--To apply for certification under the certification program, an operator of a proof-of-work mining facility or mining pool shall submit to the Secretary an application, which shall contain information necessary for the Secretary to determine eligibility under subsection (b).
(B) Disclosure.--An application submitted under subparagraph (A)--
(i) shall disclose ownership and control information sufficient to identify any person exercising control over the proof-of-work mining operations of the applicant; and
(ii) shall not use any shell companies, passthrough entities, or nominee arrangements to obscure ownership or influence by a foreign adversary.
(d) Registry.--The Secretary shall maintain a publicly accessible registry of mining facilities and mining pools certified under the certification program, including--
(1) the effective dates of certification and renewal, if applicable; and
(2) the applicable hardware sourcing standards under subsection (b)(3) with which the mining facility or mining pool is compliant, including whether the certification is a preferred certification under subsection (b)(3)(C).
(e) Federal Program Eligibility.--
(1) In general.--The head of a Federal agency that administers a loan, grant, reimbursement, or procurement program for which eligibility, priority, or participation is based on certification under the certification program may rely on the registry maintained under subsection (d) to determine the eligibility, priority, or participation of an entity in that program, in accordance with applicable law (including regulations).
(2) Requirement.--An entity shall not be granted eligibility for,
Text printed in the Record (11,996 characters)
priority for, or participation in a loan, grant, reimbursement, or procurement program for which that eligibility, priority, or participation is based on certification under the certification program unless the entity holds a valid certification under the certification program.
(f) Confidentiality.--
(1) In general.--In carrying out the certification program, the Secretary shall safeguard the confidentiality of all proprietary operational data, financial records, trade secrets, and personally identifiable information submitted in connection with a certification.
(2) Exemption from foia.--Information in the registry maintained under subsection (d) shall be exempt from disclosure under section 552 of title 5, United States Code.
(g) Oversight and Reporting.--
(1) In general.--The Secretary shall promulgate regulations to ensure transparency of, compliance with, and enforcement under the certification program, including--
(A) requirements for certified mining facilities and mining pools to submit periodic reports verifying continuing compliance with the requirements under subsection (b);
(B) procedures for the suspension or revocation of a certification in the case of a material misrepresentation, noncompliance, or fraud; and
(C) regulations relating to audits and inspections under paragraph (2).
(2) Audits or inspections.--The Secretary shall conduct audits or inspections of mining facilities and mining pools certified under the certification program as necessary to ensure compliance with this section.
(3) Publication of data.--The Secretary shall publish aggregate, nonconfidential data relating to certifications of mining facilities and mining pools and compliance with this section sufficient to inform Federal agencies and the public of trends in certifications and compliance.
(h) Rule of Construction.--Nothing in this section may be construed to confer upon the Secretary any regulatory authority over digital asset markets or transactions.
SEC. 1098. PROGRAM ELIGIBILITY FOR CERTIFIED COMPUTE
INFRASTRUCTURE PROJECTS.
(a) Department of Energy Title XVII Loan Guarantees.--
(1) In general.--Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following:
"(14) Projects carried out by entities that are certified under section 1097 of the Mined in America Act of 2026 and involve 1 or more of the following activities:
"(A) The replacement of proof-of-work mining (as defined in section 1096 of the Mined in America Act of 2026) hardware related to foreign adversaries (as defined in that section) with compute infrastructure that is manufactured in the United States or a friendly nation (as defined in that section), including equipment used for blockchain validation, artificial intelligence training, or high-efficiency data processing.
"(B) The conversion of an existing mining operation or data center into a grid-interactive or demand-responsive (as defined in section 1096 of the Mined in America Act of 2026) computing facility that uses infrastructure manufactured in the United States or a friendly nation (as so defined).
"(C) The deployment of computing systems that enable load shifting, flexible demand, or emissions reduction in coordination with a regional transmission organization, electric utility, or demand response (as defined in section 1096 of the Mined in America Act of 2026) market.".
(2) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall issue rules to implement the amendment made by paragraph (1), including procedures for verifying the eligibility of projects described in paragraph (14) of section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)), establishing documentation requirements, coordinating with the Secretary to confirm certification status under section 1097, and identifying any emissions or energy performance standards necessary to satisfy the objectives of title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.).
(3) Rule of construction.--Nothing in the amendment made by paragraph (1) alters or waives any other requirement for project approval under section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513).
(b) Department of Energy Infrastructure Reinvestment Program.--
(1) In general.--Section 1706(a) of the Energy Policy Act of 2005 (42 U.S.C. 16517(a)) is amended--
(A) in paragraph (2), by striking "or" at the end;
(B) in paragraph (3), by striking the period at the end and inserting "; or"; and
(C) by adding at the end the following:
"(4) are carried out by entities described in section 1703(b)(14) and involve--
"(A) an activity described in subparagraph (A) or (B) of that section; or
"(B) the repurposing of energy infrastructure previously used in connection with foreign manufactured crypto mining hardware into facilities that reduce net energy intensity, improve flexibility in load management, or provide computing for strategic industrial applications.".
(2) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall issue rules to implement the amendment made by paragraph (1), including documentation requirements, technical criteria for demonstrating infrastructure conversion, emissions or energy performance metrics, and procedures for coordinating with the Secretary to confirm certification status under section 1097.
(3) Rule of construction.--Nothing in the amendment made by paragraph (1) alters or waives any other requirement for project approval under section 1706 of the Energy Policy Act of 2005 (42 U.S.C. 16517).
(c) Department of Energy Smart Grid Investment Grants.--
(1) In general.--Section 1306 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386) is amended--
(A) in subsection (a), by striking "of qualifying Smart Grid investments." and inserting the following: "of--
"(1) qualifying smart grid investments; and
"(2) projects for the deployment of Mined in America grid-interactive infrastructure.";
(B) in subsection (b)--
(i) by redesignating paragraphs (1) through (14) as clauses (i) through (xiv), respectively, and indenting appropriately; and
(ii) by striking the subsection designation and heading and all that follows through "include" in the matter preceding clause (i) (as so redesignated) and inserting the following:
"(b) Definitions.--In this section:
"(1) Demand response; demand-responsive.--The terms `demand response' and `demand-responsive' have the meaning given the terms in section 1096 of the Mined in America Act of 2026.
"(2) Friendly nation.--The term `friendly nation' has the meaning given the term in section 1096 of the Mined in America Act of 2026.
"(3) Grid-responsive infrastructure.--The term `grid-responsive infrastructure' includes hardware, software, and control systems that support 1 or more of the following functions:
"(A) Load curtailment or flexible demand response in coordination with a grid operator, electric utility, or demand response provider.
"(B) Integration of localized energy storage, smart metering, or real-time load control technologies that reduce peak demand or improve grid reliability.
"(C) Cybersecurity protections to safeguard grid-facing compute infrastructure, including systems used to manage energy telemetry, remote access, or distributed power systems.
"(4) Mined in america grid-interactive infrastructure.--The term `Mined in America grid-interactive infrastructure' means grid-responsive infrastructure that--
"(A) is manufactured in the United States; and
"(B) is or will be deployed at a facility--
"(i) located in the United States or a friendly nation;
"(ii) the owners and operators of which are certified under section 1097 of the Mined in America Act of 2026; and
"(iii) that is engaged in--
"(I) proof-of-work mining operations using compute infrastructure manufactured in the United States or a friendly nation; or
"(II) artificial intelligence training or inference using compute infrastructure manufactured in the United States or a friendly nation.
"(5) Proof-of-work mining.--The term `proof-of-work mining' has the meaning given the term in section 1096 of the Mined in America Act of 2026.
"(6) Qualifying smart grid investment.--
"(A) In general.--The term `qualifying smart grid investment' includes";
(C) in subsection (c)--
(i) in paragraph (3), by striking "Smart Grid Information Standard under section 1307 (paragraph (17) of section 111(d) of the Public Utility Regulatory Policies Act of 1978)" and inserting "smart grid information standard under paragraph (19) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (42 U.S.C. 2621(d))";
(ii) in paragraph (9), by striking "Qualifying Smart Grid Investments" and inserting "qualifying smart grid investments";
(iii) by redesignating paragraphs (1) through (9) as clauses (i) through (ix), respectively, and indenting appropriately; and
(iv) by striking the subsection designation and heading and all that follows through "do not include" in the matter preceding clause (i) (as so redesignated) and inserting the following:
"(B) Exclusions.--The term `qualifying smart grid investment' does not include";
(D) in subsection (d)--
(i) by redesignating paragraphs (1) through (16) as clauses (i) through (xvi), respectively, and indenting appropriately; and
(ii) by striking the subsection designation and heading and all that follows through "means" in the matter preceding clause (i) (as so redesignated) and inserting the following:
"(6) Smart grid function.--The term `smart grid function' means";
(E) in subsection (e)--
(i) in paragraph (1)--
(I) by striking "(1) The Secretary shall" and all that follows through "proposals--" in the matter preceding subparagraph (A) and inserting the following:
"(1) In general.--The Secretary shall--";
(II) by indenting subparagraphs (A) through (E) appropriately;
(III) in subparagraph (C), by striking "investments, and" and inserting "investments or Mined in America grid-interactive infrastructure, and, if applicable,"; and
(IV) in subparagraph (D), by striking "investments which have received grants" and inserting "investments and Mined in America grid-interactive infrastructure for which grants have been provided"; and
(ii) in paragraph (2), by striking "(2) The Secretary" and inserting the following:
"(2) Discretion.--The Secretary";
(F) in subsections (b) through (e), by striking "Smart Grid" each place it appears and inserting "smart grid";
(G) in subsection (f), by striking "for fiscal years 2008 through 2012";
(H) by redesignating subsections (a), (b), (e), and (f) as subsections (b), (a), (c), and (e), respectively, and moving the subsections so as to appear in alphabetical order; and
(I) by inserting after subsection (c) (as so redesignated) the following:
"(d) Guidance on Mined in America Grid-interactive Infrastructure.--
"(1) In general.--Not later than 180 days after the date of enactment of the Mined in America Act of 2026, the Secretary shall issue guidance relating to the provision of grants under this section for projects for the deployment of Mined in America grid-interactive infrastructure.
"(2) Requirement.--The guidance issued under paragraph (1) shall--
"(A) identify Mined in America grid-interactive infrastructure for which a grant provided under this subsection may be used; and
"(B) establish procedures for verifying the certification of the owners and operators of the applicable facility under section 1097 of the Mined in America Act of 2026, in coordination with the Secretary of Commerce.".
(2) Rule of construction.--Nothing in this subsection or an amendment made by this subsection waives, or may be construed to waive, any cost-share, technical, or emissions performance requirement applicable to a grant awarded under section 1306 of the Energy Independence and Security Act of 2007 (42 U.S.C.
Text printed in the Record (3,548 characters)
17386).
SEC. 1099. DEPARTMENT OF ENERGY STUDY ON COMPUTE-BASED LOAD
MANAGEMENT.
(a) Study Required.--The Secretary of Energy shall conduct a study to assess the load-management capabilities and grid-balancing potential of proof-of-work mining operations and high-density compute facilities located in the United States.
(b) Scope of Study.--The study under subsection (a) shall evaluate--
(1) the ability of proof-of-work mining operations and high-density compute facilities--
(A) to reduce electricity consumption during periods of peak demand;
(B) to shift load in coordination with grid operators; or
(C) to participate in demand response and grid reliability programs;
(2) the technologies, energy infrastructure, and contractual mechanisms that support flexible operation of high-density compute workloads; and
(3) the emissions impacts, energy efficiency benefits, and market integration potential associated with the deployment of grid-interactive compute infrastructure in various geographic and regulatory contexts.
(c) Consultation.--
(1) In general.--In carrying out the study under subsection (a), the Secretary of Energy shall consult with--
(A) the Secretary;
(B) the Federal Energy Regulatory Commission; and
(C) at least 1 Regional Transmission Organization or Independent System Operator (as those terms are defined in section 3 of the Federal Power Act (16 U.S.C. 796)).
(2) Requirement.--The Secretary of Energy, the Secretary of Defense, and the Secretary shall coordinate to enhance efficiency and avoid duplication with respect to the study required under subsection (a).
(d) Reports.--The Secretary of Energy shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives--
(1) an interim report on the findings of the study under subsection (a) not later than 1 year after the date of enactment of this Act; and
(2) a final report on the findings of that study not later than 2 years after that date of enactment.
SEC. 1100. SUPPORT FOR DEVELOPMENT OF SECURE, ENERGY-
EFFICIENT CRYPTO-MINING HARDWARE.
(a) Support From National Institute of Standards and Technology.--
(1) In general.--The Director of the National Institute of Standards and Technology shall take such actions as the Director considers appropriate to support the development of secure, energy-efficient hardware for the mining of cryptocurrency.
(2) Grants authorized.--In carrying out paragraph (1), the Director may award grants to design rigs for the mining of cryptocurrency that meets United States cybersecurity standards.
(b) Support From Hollings Manufacturing Extension Partnership.--
(1) In general.--The Director shall, acting through the Hollings Manufacturing Extension Partnership, provide assistance to United States manufacturers to retool for the production of secure, energy-efficient hardware for the mining of cryptocurrency.
(2) Technical assistance.--The Director may, acting through the Partnership, provide technical assistance to United States persons who manufacturer hardware that can be used for the mining of cryptocurrency.
SEC. 1101. PROMOTION OF EXPORTS TO FRIENDLY NATIONS OF
CERTAIN MINING EQUIPMENT PRODUCED IN THE UNITED
STATES.
The Under Secretary of Commerce for International Trade shall develop a program to promote exports to friendly nations of equipment for proof-of-work mining that is produced in the United States.
______
SA 6690. Mr. SHEEHY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (3,042 characters)
At the end of subtitle A of title VII add the following:
SEC. 716. MODIFICATION OF RATES OF PAY FOR A PROVIDER OF CARE
OR SERVICES FURNISHED UNDER TRICARE PROGRAM.
(a) Rates.--Section 1097b(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking "paragraph (2)" and inserting "paragraphs (2) and (3)(A)"; and
(2) in paragraph (3), by striking "(3) In establishing" and inserting the following:
"(3)(A) The Secretary shall establish rates for payments to providers of care or services under the TRICARE program that are specific with respect to the following sites of service at which the care or service is actually provided (regardless of the physical location of the headquarters of the provider):
"(i) A hospital outpatient department.
"(ii) An ambulatory surgical center.
"(iii) The office of a physician.
"(iv) Such other sites as the Secretary determines appropriate in carrying out this paragraph.
"(B) The Secretary shall ensure that--
"(i) each site specified in subparagraph (A) obtains a National Provider Identifier pursuant to section 1833(t)(23) of the Social Security Act (42 U.S.C. 1395l(t)(23)) that is separate and unique from such identifier for such provider; and
"(ii) no payment for care or services under any provision of this chapter may be made unless the claim for such payment includes the National Provider Identifier for the site at which such hospital care, medical services, or extended care services were furnished.
"(C) In the case of covered OPD services (as defined in section 1833(t)(1)(B) of the Social Security Act (42 U.S.C. 1395l(t)(1)(B))) that are provided by a provider that is an off-campus outpatient department of a provider (as defined in section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395l(t)(21)(B)), disregarding clauses (ii) and (iv) thereof, as if such clauses did not exist), the Secretary shall ensure that--
"(i) such department is treated as a subpart of such provider and assigned a unique health identifier pursuant to subparagraph (B) of this paragraph;
"(ii) such provider includes such identifier on any claim form it submits under this subsection; and
"(iii) such provider may not hold a member of the uniformed services or covered beneficiary liable for such item or service unless such care or services are billed using the separate unique health identifier established for such department under this paragraph.
"(D) Nothing in this paragraph may be construed to--
"(i) prevent the Secretary from determining the appropriate amount of a facility fee;
"(ii) require the Secretary to pay, for the same item or service--
"(I) an independent physician the same amount as the Secretary would pay a hospital-based physician; or
"(II) a hospital-based physician less than the Secretary would pay an independent physician; or
"(iii) affect the authority of the Secretary under paragraph (2).
"(E) In establishing".
(b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2028.
______
SA 6691. Mr. WICKER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (10,970 characters)
At the end, add the following:
SEC. 5111. REPORT ON DIVESTITURE OF EXPEDITIONARY COMBAT
AVIATION BRIGADES.
Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report containing an analysis of the rationale for the divestiture of Expeditionary Combat Aviation Brigades, including the operational, financial, and strategic justifications for such divestiture.
SEC. 5131. AUTHORIZATION OF APPROPRIATIONS FOR COUNTER
UNMANNED SYSTEMS RELATING TO THE DEFENSE OF
STRATEGIC ASSETS.
(a) In General.--There is authorized to be appropriated to the Department of the Air Force $50,000,000 for counter unmanned systems relating to the defense of strategic assets.
(b) Offsets.--
(1) Offset 1.--The amount authorized to be appropriated by this Act for BMD enabling programs (RDDW 0603890C, line 88) is hereby reduced by $5,000,000.
(2) Offset 2.--The amount authorized to be appropriated by this Act for special programs--MDA (RDDW 0603891C, line 89) is hereby reduced by $5,000,000.
(3) Offset 3.--The amount authorized to be appropriated by this Act for Atomic Energy Defense Activities, National Nuclear Security Administration, Naval Reactors, 14-D-901 Spent Fuel Handling Recapitalization Project, NRF is hereby reduced by $40,000,000.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 5211. PILOT PROGRAM FOR ONE-WAY AND COUNTER-UNMANNED
AIRCRAFT SYSTEM DRONE TESTBED.
(a) Pilot Program Authorized.--The Secretary of the Army may establish a pilot program to test, evaluate, and demonstrate the integration of approved munition payloads with approved unmanned aircraft systems, including one-way unmanned aircraft systems and counter-unmanned aircraft system platforms.
(b) Purpose.--The purposes of the pilot program required by subsection (a) shall are--
(1) to accelerate the integration of modular payloads onto multiple drone platforms;
(2) to reduce time-to-field for lethal and non-lethal drone-enabled munitions capabilities;
(3) to standardize payload-to-platform interfaces; and
(4) to support rapid prototyping, validation, and transition of drone-enabled munitions into programs of record.
(c) Location.--
(1) In general.--The Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall determine the location or locations at which the pilot program required by subsection (a) is conducted.
(2) Considerations.--In selecting a location under paragraph (1), the Assistant Secretary shall consider--
(A) the availability of munitions and energetics subject-matter expertise, including the interface of munitions with drones;
(B) proximity to live fire testing range space and range availability, prioritizing joint base facilities; and
(C) existing infrastructure capable of supporting rapid prototyping, integration, and live-fire testing.
(d) Components.--The pilot program required by subsection (a) may include--
(1) transition and integration of common Electronic Safe and Arming Device designs;
(2) incorporation of the Picatinny Common Lethality Integration Kit and the Small Universal Payload Interface;
(3) development and standardization of technology and practices supporting payload-to-drone connectivity;
(4) prototyping, demonstration, and technology transfer of munition systems integrated with unmanned aircraft systems; and
(5) development of standardized drone interface documentation and validated integration processes for counter-unmanned aircraft system platforms, including energetic payload applications.
(e) Coordination.--In carrying out the pilot program required by subsection (a), the Secretary shall coordinate with the Joint Capability Program Executive for Ammunition and Energetics, Development Command (DEVCOM), relevant program executive offices, and other Department of Defense components as the Secretary considers appropriate.
SEC. 5231. NATIONAL SECURITY QUANTUM COORDINATION AND
COMPETITION.
(a) Office of Quantum Capabilities and Competition.--
(1) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish or designate an office in the Department of Defense to serve as the lead for all quantum
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.
SEC. 5351. IMPROVEMENT OF FIREFIGHTER STAFFING SHORTAGES AT
MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense may offer compensation for firefighters of the Department of Defense at military installations that is competitive with surrounding local jurisdictions in order to improve recruitment and retention of such firefighters.
(b) Removal of Limitation on Contracting for Firefighters.--Section 2465 of title 10, United States Code, is amended--
(1) in the section heading, by striking "firefighting or"; and
(2) in subsection (a), by striking "firefighting or".
SEC. 5352.
Text printed in the Record (8,905 characters)
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.
Subtitle C--General Service Authorities and Military Records
SEC. 5521. CORRECTION OF NATIONAL GUARD ACTIVATION ORDERS AND
PERSONNEL RECORDS ASSOCIATED WITH CERTAIN
CONTINGENCY OPERATIONS.
(a) Identification of Affected Personnel.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of the National Guard Bureau and the Secretary of the Air Force, shall identify members of the Air National Guard whose activation orders, deployment records, pay, allowances, tax documentation, or other personnel records were adversely affected by transitions between named military operations conducted during 2025 and 2026, including Operation Southern Spear, Operation Absolute Resolve, Operation Spartan Shield, and Operation Epic Fury.
(b) Correction of Records.--The Secretary of Defense shall take such actions as may be necessary to--
(1) ensure that official military personnel records accurately reflect the dates and locations of service performed in support of each named operation, including correct mission attribution records, deployment documentation, operational duty-location records, and other activation or mobilization records for personnel identified pursuant to subsection (a);
(2) correct any pay, allowance, entitlement, tax-exclusion eligibility, or debt-related discrepancies resulting from inaccurate or incomplete activation or deployment records; and
(3) ensure that no member experiences a loss of eligibility for any Federal benefit, entitlement, or service-connected determination, including benefits administered by the
Department of Veterans Affairs, as a result of inaccuracies described in subsection (a).
(c) Report and Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report and provide a briefing on the implementation of this section. Such report shall include--
(1) the number of personnel identified under subsection (a);
(2) the status of corrections made pursuant to subsection (b);
(3) any unresolved issues affecting pay, allowances, tax records, personnel records, deployment histories, or other military records;
(4) an assessment of the factors that caused activation-order discrepancies, personnel-record inaccuracies, pay and entitlement errors, debt assessments, tax-reporting issues, and other administrative deficiencies associated with transitions between named military operations during 2025 and 2026, including Operation Southern Spear and Operation Epic Fury;
(5) an assessment of any limitations within the Department of Defense regulations, policies, personnel systems, orders-management systems, funding authorities, or administrative processes that contributed to such discrepancies and deficiencies;
(6) a description of actions taken or planned to ensure timely correction of activation orders, deployment records, pay records, tax documentation, and other affected personnel records; and
(7) an assessment of whether additional authorities are required to ensure accurate and timely correction of National Guard and Reserve activation and deployment records.
SEC. 5541. FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES
TRANSITIONING OUT OF ACTIVE DUTY SERVICE.
(a) Study; Education and Outreach Efforts.--
(1) Study.--The Secretary of Defense shall, in conjunction with the Secretary of Veterans Affairs and other Federal officials, as appropriate, conduct a study to identify the means by which members of the Armed Forces are provided information about the availability of Federal nutrition assistance programs as they transition out of active duty service.
(2) Education and outreach efforts.--The Secretary of Defense, working with the Secretary of Veterans Affairs and other Federal officials, as appropriate, shall increase education and outreach efforts to members of the Armed Forces who are transitioning out of active duty service, particularly those members identified as being at-risk for food insecurity, to increase awareness of the availability of Federal nutrition assistance programs and eligibility for those programs.
(3) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall--
(A) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the results of the study conducted under paragraph (1); and
(B) publish such report on the website of the Department of Defense.
(b) Working Group.--
(1) In general.--The Secretary of Defense, in consultation with the Secretary of Veterans Affairs and the Secretary of Agriculture, shall establish a working group to address, across the Department of Defense, the Department of Veterans Affairs, and the Department of Agriculture, coordination, data sharing, and evaluation efforts on underlying factors contributing to food insecurity among members of the Armed Forces transitioning out of active duty service (in this subsection referred to as the "working group").
(2) Membership.--The working group be composed of--
(A) representatives from the Department of Defense, the Department of Veterans Affairs, the Department of Agriculture;
(B) other relevant Federal officials, including those connected to veteran transition programs; and
(C) other relevant stakeholders as determined by the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Agriculture.
(3) Report.--
(A) In general.--Not later than one year after the date of the enactment of this Act, the working group shall submit to each congressional committee with jurisdiction over the Department of Defense, the Department of Veterans Affairs, and the Department of Agriculture a report on the coordination, data sharing, and evaluation efforts described in paragraph (1).
(B) Elements.--The report required by paragraph (1) shall include the following:
(i) An accounting of the funding each department referred to in subparagraph (A) has obligated toward research relating to food insecurity among members of the Armed Forces or veterans.
(ii) An outline of methods of comparing programs and sharing best practices for addressing food insecurity by each such department.
(iii) An outline of--
(I) the plan each such department has to achieve greater government efficiency and cross-agency coordination, data sharing, and evaluation in addressing food insecurity among members transitioning out of the Armed Forces; and
(II) efforts that the departments can undertake to improve coordination to better address food insecurity as it impacts members during and after their active duty service.
(iv) An identification of--
(I) any legal, technological, or administrative barriers to increased coordination and data sharing in addressing food insecurity among members transitioning out of the Armed Forces; and
(II) any additional authorities needed to increase such coordination and data sharing.
(v) Any other information the Secretary of Defense, the Secretary of Veterans Affairs, or the Secretary of Agriculture determines to be appropriate.
Subtitle F--Military Family Readiness and Dependents' Education
SEC. 5551.
Text printed in the Record (4,234 characters)
DEPARTMENT OF DEFENSE BEST PRACTICES GUIDE FOR
FAMILY CHILD CARE HOMES.
(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall publish a Department-wide best practices guide for individuals seeking to establish and operate a Family Child Care home on a military installation.
(b) Consultation Requirement.--In developing the guide required under subsection (a), the Secretary of Defense shall consult with military departments, military installations, Family Child Care program administrators, and established Family Child Care providers operating under successful Family Child Care programs across the Department of Defense to identify and incorporate best practices, lessons learned, and approaches that have demonstrated success in expanding participation and reducing barriers to establishing and operating Family Child Care homes.
(c) Required Elements.--The guide required under subsection (a) shall include, at a minimum--
(1) an overview of the process for becoming a certified Family Child Care provider;
(2) standardized information regarding training, inspections, background checks, licensing, and certification requirements;
(3) guidance regarding available financial assistance, startup support, subsidies, grants, and reimbursement opportunities;
(4) information on liability coverage, safety standards, and emergency preparedness requirements;
(5) recommendations for reducing administrative barriers to establishing Family Child Care homes; and
(6) any additional information the Secretary determines appropriate to support prospective Family Child Care providers.
(d) Public Availability.--The Secretary shall make the guide required under subsection (a) publicly available on an internet website of the Department of Defense in a searchable and accessible format for military families.
(e) Service-specific Appendices.--
(1) In general.--The Secretary of Defense shall encourage the Secretaries of the military departments to publish and maintain service-specific appendices accompanying the guide required under subsection (a).
(2) Contents.--A service-specific appendix under paragraph (1) may include--
(A) service-specific policies or procedures;
(B) installation-level best practices;
(C) information regarding unique operational requirements or child care demands within the military department concerned;
(D) guidance regarding military housing considerations related to Family Child Care homes; and
(E) points of contact and resources specific to the military department concerned.
(f) Briefing.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees regarding--
(1) actions taken to implement this section;
(2) efforts to improve awareness of Family Child Care opportunities among military spouses and families;
(3) barriers identified in the establishment of Family Child Care homes; and
(4) recommendations for legislative or administrative action to improve military child care capacity.
SEC. 5552. REPORT ON STAFFING SHORTAGES IN PERSONNEL
SUPPORTING MILITARY FAMILIES.
(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on staffing shortages among social workers, counselors, and family advocacy personnel who provide assistance to military families.
(b) Elements.--The report required by subsection (a) shall include--
(1) a description of the actions being taken by the Department of Defense as of the date of the report to address shortages described in subsection (a);
(2) an assessment of how the Department can improve efforts to address such shortages; and
(3) a description of the challenges the Department faces when a military family subject to child abuse proceedings moves across State lines, including with respect to--
(A) transferring records; and
(B) the sharing of information between--
(i) the Department and State child welfare agencies; and
(ii) the commander concerned before the relocation of the family and the commander concerned after that relocation.
Subtitle H--Decorations and Other Awards, Miscellaneous Reports, and Other Matters
Text printed in the Record (11,261 characters)
SEC. 5581. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED-
SERVICE CROSS TO JAMES O. RATLIFF FOR ACTS OF
VALOR IN THE REPUBLIC OF VIETNAM.
(a) Waiver of Time Limitations.--Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 7272 of such title to James O. Ratliff for the acts of valor in the Republic of Vietnam described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of James O. Ratliff on June 18, 1968, during a combat mission near the village of Ap Go Cong, Republic of Vietnam.
SEC. 5621. PILOT PROGRAM TO PROVIDE COUPONS TO JUNIOR
ENLISTED MEMBERS TO PURCHASE FOOD AT
COMMISSARIES.
(a) In General.--The Secretary of Defense may conduct a pilot program to assess the efficacy of providing junior enlisted members of the Armed Forces a monthly coupon for use in procuring food at commissaries.
(b) Selection of Installations.--
(1) In general.--The Secretary may conduct the pilot program authorized by subsection (a) at 2 military installations.
(2) Considerations.--In selecting installations for the pilot program authorized by subsection (a), the Secretary shall consider installations with--
(A) large numbers of enlisted members who live in unaccompanied housing;
(B) the largest ratios of enlisted members to commissioned officers;
(C) unaccompanied housing that provides access to functioning kitchens that residents may use to prepare meals;
(D) commissaries that are experimenting with or expanding their selection of nutritious and minimally processed ready-made and easy-to-make food options;
(E) low rates of attendance at dining facilities;
(F) low customer satisfaction ratings for dining facilities, including installations with complaints about dining facilities submitted through the Interactive Customer Evaluation system of the Department of Defense; and
(G) commissaries located within easily accessible distances from unaccompanied housing.
(c) Coupons.--
(1) Amount.--The Secretary may determine the amount of the coupons to be provided under the pilot program authorized by subsection (a).
(2) Use.--
(A) In general.--A coupon provided under the pilot program authorized by subsection (a) may be used only to purchase food at commissaries.
(B) Exclusions.--A coupon provided under the pilot program authorized by subsection (a) may not be used--
(i) to purchase alcoholic beverages or tobacco; or
(ii) to pay any deposit fee in excess of the amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, without regard to whether the fee is included in the shelf price posted for the food or food product.
(3) Supplement to other food assistance.--A coupon provided to a member under the pilot program authorized by subsection (a) shall be supplement and not supplant--
(A) the basic allowance for subsistence under section 402 of title 37, United States Code; and
(B) any program to provide meals or rations in kind for which the member is eligible.
(d) Duration of Pilot Program.--The pilot program authorized by subsection (a) shall terminate not later than one year after the pilot program commences.
(e) Report Required.--
(1) In general.--Not later than 90 days after the termination under subsection (d) of the pilot program authorized by subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report detailing the results of the pilot program.
(2) Elements.--The report required by paragraph (1) shall include an assessment of the following:
(A) The use of coupons by members who received coupons under the pilot program.
(B) The satisfaction of and feedback from such members relating to the coupons.
(C) The impact of providing the coupons on--
(i) the rates at which such members used commissaries; and
(ii) the rates at which such members used dining facilities on their installations.
(D) Historical rates of use of dining facilities on installations and historical customer satisfaction metrics for such facilities, including the number of complaints with respect to such facilities submitted through the Interactive Customer Evaluation system of the Department of Defense.
(E) The efficacy of the pilot program in--
(i) reducing food insecurity rates among junior enlisted members;
(ii) increasing the availability of nutritious food options for such members at commissaries; and
(iii) increasing the availability of nutritious food options for such members generally, including such members living in unaccompanied housing.
(f) Definitions.--In this section:
(1) Coupon.--The term "coupon" means a voucher or monetary benefit for a member of the Armed Forces that may be used only at a commissary for the purchase of food.
(2) Food.--The term "food" means any food or food product intended for home consumption, including a ready-made food item.
SEC. 5761. REPORT AND BRIEFING ON IMPACT OF MILITARY SEXUAL
TRAUMA AND INTIMATE PARTNER VIOLENCE ON
SUICIDAL IDEATION AND SUICIDE FOR MEMBERS OF
THE ARMED FORCES AND VETERANS.
(a) In General.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the Committee on Armed Services of the Senate, the Committee on Veterans' Affairs of the Senate, the Committee on Armed Services of the House of Representatives, and the Committee on Veterans' Affairs of the House of Representatives and publish on a publicly available website a report, and provide to such committees a briefing, on how experiencing military sexual trauma or intimate partner violence affects the risk of suicidal ideation and suicide for members of the Armed Forces and veterans.
(b) Incorporation Into Clinical Practice Guidelines.--Not later than one year after the publication of the report required by subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall incorporate findings on military sexual trauma and intimate partner violence, including the results of the report, as risk factors for suicide and suicidal ideation into the Department of Veterans Affairs/Department of Defense Clinical Practice Guidelines for Assessment and Management of Patients At Risk For Suicide, or similar successor guidelines.
SEC. 5762. ESTABLISHMENT OF ANTIVENOM BANK.
Not later than 180 days after the date of the enactment of this Act, the Commanding General of the Medical Research and Development Command of the Army shall establish and maintain an antivenom bank.
SEC. 5763. CODIFICATION OF AUTHORITY FOR JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
(a) In General.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section:
"Sec. 1110c. Joint Medical Facility Demonstration Fund
"(a) Establishment.--There is established on the books of the Treasury under the Department of Veterans Affairs a fund to be known as the `Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund' (in this section referred to as the `Fund' ).
"(b) Use of Amounts.--Amounts in the Fund shall be used to facilitate the joint funding of designated combined Federal medical facilities of the Department of Defense and the Department of Veterans Affairs.
"(c) Transfers to Fund.--
"(1) In general.--Amounts may be transferred to the Fund by the Secretary of Defense only from amounts first authorized and appropriated on and after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027 for the Department of Defense and by the Secretary of Veterans Affairs only from amounts first authorized and appropriated on and after such date for the Department of Veterans Affairs, as determined by a methodology jointly established by the Secretary of Defense and the Secretary of Veterans Affairs that reflects the mission-specific activities, workload, and costs of provision of health care at the facilities of the Department of Defense and the Department of Veterans Affairs, respectively.
"(2) Transfers of amounts from medical care collections.--Amounts may be transferred to the Fund from medical care collections under the following authorities for health care provided at designated combined Federal medical facilities of the Department of Defense and the Department of Veterans Affairs:
"(A) Section 1095 of this title.
"(B) Section 1729 of title 38.
"(C) The Act entitled `An Act to provide for the recovery from tortiously liable third persons of the cost of hospital and medical care and treatment furnished by the United States' (Public Law 87-693; 42 U.S.C. 2651 et seq.; commonly known as the `Federal Medical Care Recovery Act').".
"(d) Availability of Amounts in Fund.--
"(1) In general.--Amounts transferred to the Fund under subsection (c) shall be available to fund the operations of designated combined Federal medical facilities of the Department of Defense and the Department of Veterans Affairs, including capital equipment, real property maintenance, and minor
construction projects that are not required to be specifically authorized by law under section 2805 of this title or section 8104 of title 38.
"(2) Captain james a. lovell federal health care center.--Amounts transferred to the Fund by the Secretary of Defense under subsection (c) may be used for facility operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).
"(3) Limitation.--The availability of amounts transferred to the Fund under subsection (c)(2) shall be subject to the provisions of section 1729A of title 38.
"(4) Period of availability.--
"(A) In general.--Except as provided in subparagraph (B), amounts transferred to the Fund under subsection (c) shall remain available under this subsection until the end of the first fiscal year beginning after the date of the transfer.
"(B) Exception.--Of the amount transferred to the Fund under subsection (c) in a fiscal year, an amount not to exceed two percent of such amount shall remain available under this subsection until the end of the second fiscal year beginning after the date of the transfer.
"(e) Executive Agreement.--
"(1) Fund administration.--
"(A) In general.--The Fund shall be administered in accordance with an executive agreement between the Secretary of Defense and the Secretary of Veterans Affairs.
"(B) Guidelines.--The executive agreement under subparagraph (A) shall be consistent with section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
Text printed in the Record (1,907 characters)
4500) and shall provide for an independent review of the methodology established under subsection (c)(1).
"(2) Financial reconciliation.--
"(A) In general.--The executive agreement between the Secretary of Defense and the Secretary of Veterans Affairs under paragraph (1)(A) shall provide for the development and implementation of an integrated financial reconciliation process that meets the fiscal reconciliation requirements of the Department of Defense and the Department of Veterans Affairs.
"(B) Identification of contributions.--The process under subparagraph (A) shall permit the Department of Defense and the Department of Veterans Affairs to identify their fiscal contributions to the Fund, taking into consideration accounting, workload, and financial management differences.".
(b) Conforming Repeal.--Section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571), as most recently amended by section 1421 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159; 138 Stat. 2129), is repealed.
(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives a report indicating medical facilities of the Department of Defense or the Department of Veterans Affairs that either Secretary, or both, considers appropriate to be designated as combined Federal medical facilities of the Department of Defense and the Department of Veterans Affairs.
SEC. 5764. TECHNICAL CORRECTION TO STRIKE SECTION 704.
Section 704 of division A is hereby deemed to be stricken from this Act.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
Text printed in the Record (11,698 characters)
SEC. 5811. SPECIFIC PERFORMANCE FOR DELIVERY OF CERTAIN
INFORMATION UNDER DEFENSE CONTRACTS.
(a) Chapter 281 of title 10, United States Code, is amended by adding at the end the following new section:
"Sec. 3865. Specific performance for delivery of certain
information under defense contracts
"(a) Authority.--The Federal Government may bring an action arising under a covered legal instrument entered into by the Department of Defense in an appropriate district court of the United States for an order of specific performance requiring delivery of covered information in such format and manner as the court determines appropriate and necessary. In any such action, the court may determine the scope of the Federal Government's rights in the covered information and may order the correction or removal of any nonconforming or improper markings on such information.".
"(b) Conditions.--An action under subsection (a) may be brought only if, with respect to covered information required to be delivered under the covered legal instrument, the contractor with which the Federal Government entered into the covered legal instrument has not delivered, or refuses to deliver, the covered information within 30 days of receipt of a final decision issued by a contracting officer under section 7103 of title 41 that requires the delivery of such information to the Federal Government.
"(c) Effect of Appeal.--The pendency of any appeal, claim, or action by the contractor challenging or seeking review of the contracting officer's final decision under section 7103 of title 41, shall not preclude, stay, enjoin, or otherwise affect an action brought by the Federal Government under this section.
"(d) Definitions.--In this section:
"(1) The term `covered information' means information that is required by a covered legal instrument to be delivered or otherwise provided to the Federal Government, and includes, incorporates, or embodies intellectual property, technical data, computer software, or computer software documentation.
"(2) The term `covered legal instrument' means a contract, agreement, or other legal instrument.
"(3) The terms `deliver', `delivery', and `delivering' include furnishing, providing, or making available in any manner whatsoever.".
SEC. 5812. PILOT PROGRAM TO IMPROVE EVALUATION AND TRANSITION
OF UNSOLICITED DEFENSE CAPABILITY PROPOSALS.
(a) Establishment of Pilot Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to improve the intake, evaluation, and disposition of unsolicited proposals submitted to the Department of Defense.
(b) Elements.--The pilot program required under subsection (a) shall include, at a minimum, the following:
(1) A common electronic means for submission of unsolicited proposals to the Department of Defense.
(2) Standardized guidance regarding the information required for review of such proposals.
(3) A requirement that the Department provide to an offeror--
(A) notice of whether the proposal is complete not later than 30 days after receipt; and
(B) a written disposition of the proposal, including a brief explanation of the basis for rejection, referral, or further consideration, not later than 90 days after the proposal is determined to be complete.
(4) Procedures to ensure that, when an unsolicited proposal is not appropriate for award or negotiation under subpart 15.6 of the Federal Acquisition Regulation, the proposal is considered for referral, as appropriate, to another acquisition pathway, including--
(A) a broad agency announcement;
(B) a commercial solutions opening or similar competitive solicitation;
(C) a prize or challenge competition;
(D) a Small Business Innovation Research or Small Business Technology Transfer topic, where appropriate; or
(E) market research or other consideration by a relevant program office.
(5) Procedures to protect proprietary data and restrict disclosure consistent with applicable law and regulation.
(c) Priority Consideration.--In carrying out the pilot program, the Secretary shall provide priority consideration to unsolicited proposals that the Secretary determines may materially improve--
(1) production capacity;
(2) supply chain resilience;
(3) repair, maintenance, or sustainment capability;
(4) domestic manufacturing capability;
(5) cyber resilience; or
(6) cost or schedule performance for an existing or anticipated defense requirement.
(d) Briefing and Report.--
(1) Not later than 180 days after the establishment of the pilot program, the Secretary shall brief the congressional defense committees on the implementation of the pilot program.
(2) Not later than 1 year after the date on which the pilot program is established, and annually thereafter for three years, the Secretary shall submit to the congressional defense committees a report on the pilot program, including--
(A) the number of unsolicited proposals received;
(B) the average time required for disposition;
(C) the number of proposals rejected, referred, or advanced for negotiation or award;
(D) the number of proposals transitioned to another acquisition pathway; and
(E) participation data, to the extent practicable, regarding small business concerns, nontraditional defense contractors, and mid-tier contractors.
(e) Rule of Construction.--Nothing in this section shall be construed to alter the requirements of subpart 15.6 of the Federal Acquisition Regulation regarding the award of a contract based on an unsolicited proposal or to authorize the award of a sole-source contract in violation of otherwise applicable law.
SEC. 5813. PROHIBITION ON THE PROCUREMENT AND OPERATION OF
COVERED UNMANNED GROUND VEHICLE SYSTEMS.
(a) Definitions.--In this section:
(1) Covered nation.--The term "covered nation" has the meaning given the term in section 4872(f) of title 10, United States Code.
(2) Covered foreign entity.--The term "covered foreign entity" means an entity that is--
(A) domiciled in a covered nation;
(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.
SEC. 5831. JOB CORPS SHIPBUILDING-DEFENSE INDUSTRIAL BASE
PIPELINE ACT OF 2026.
(a) Alignment of Job Corps With the Defense Industrial Base.--
(1) In general.--The National Imperative for Industrial Skills program of the Department of Defense (or a successor program) shall maximize the use of and expand on the activities of Job Corps centers and registered apprenticeship programs to train the skilled industrial workers that are needed in the defense industrial base.
(2) Referral of military recruits to job corps.--Military recruiters shall make each military recruit who is ineligible to enlist in the military as a result of the requirements of section 520 of title 10, United States Code, aware of the opportunity to enroll in Job Corps and registered apprenticeship programs in order to meet the standards for enlistment or learn skills that can contribute to the defense industrial base.
(3) Job corps trade realignment.--In order to address shortages of skilled industrial workers in the defense industrial base, the Secretary of Defense may, through the National Imperative for Industrial Skills program (or a successor program) and grants accepted by the Secretary of Labor on behalf of a Job Corps center as provided in accordance with section 158(f) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3208(f)), support the change of trades offered at a Job Corps center, including at a Job Corps transition hub at an existing center or at a new site in close proximity to a shipyard or other defense industrial base suppliers, to align with the needs of the defense industrial base, including through investments in curricula development, equipment, and facilities.
(4) Definitions.--For purposes of this subsection:
(A) Enrollee; job corps; job corps center.--The terms "enrollee", "Job Corps", and "Job Corps center" have the meanings given such terms in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192).
(B) Job corps center operator.--The term "Job Corps center operator" has the meaning given the term "operator" in such section of such Act.
(C) Job corps transition hub.--The term "Job Corps transition hub" means an advanced career training program under section 148 of the Workforce Innovation and Opportunity Act (29 U.S.C.
Text printed in the Record (9,394 characters)
3198) that facilitates the onboarding and retention of enrollees into successful careers in in-demand industry sectors or occupations and registered apprenticeship programs.
(D) Registered apprenticeship program.--The term "registered apprenticeship program" means an apprenticeship program that is registered under the Act of August 16, 1937 (commonly known as the "National Apprenticeship Act"; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(b) Extension of Shipbuilding Special Incentive to the Job Corps.--Section 8696 of title 10, United States Code, is amended--
(1) in subsection (b)(2), by adding at the end the following:
"(G) The Job Corps program established under section 143 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3193) or an individual Job Corps center operator as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192)."; and
(2) in subsection (c)(2), by adding at the end the following:
"(H) Support for the statutory purposes of the Job Corps program established under section 143 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3193).".
(c) Job Corps Conforming Reforms.--
(1) Success in military recruitment as a graduate of job corps.--Section 142(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192(5)) is amended by inserting "enlisted in the military with a score on the Armed Forces Qualification Test that is above the thirty-first percentile," before "or completed".
(2) Grants to job corps centers.--Section 158(f) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3208(f)) is amended--
(A) by striking the heading and inserting "External Funding";
(B) by striking "The Secretary may accept on behalf of the Job Corps or individual Job Corps centers charitable donations of cash" and inserting the following:
"(1) In general.--The Secretary (or the Secretary of Agriculture, as appropriate), on behalf of the Job Corps, or a Job Corps center operator, on behalf of such center, may accept grants and charitable donations of cash";
(C) by inserting "grants and" before "donations are";
(D) by striking "available for appropriate use" and inserting "used exclusively"; and
(E) by adding at the end the following:
"(2) Transfer of property.--Notwithstanding sections 501(b) and 522 of title 40, United States Code, any property acquired by a Job Corps center shall be directly transferred, on a nonreimbursable basis, to the Secretary.
"(3) Prohibition of offset using external funding.--An operator that accepts a grant or charitable donation under paragraph (1) may not use the grant or charitable donation to fulfill the cost of any obligation imposed on the operator under an agreement under section 147.
"(4) Prohibition on restrictions for job corps placement.--A grant or charitable donation under paragraph (1) may not include terms that restrict the placement or employment options of an enrollee or graduate.
"(5) Public reporting.-- The Secretary shall publicly disclose on annual basis a list of grants and charitable donations received under paragraph (1), which shall include the amount and source of each grant or charitable donation and the Job Corps center that was designated as the beneficiary of each grant or charitable donation.".
(3) Local authority to realign trades.--Section 151 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3201) is amended by adding at the end the following:
"(d) Local Authority.--Subject to the limitations of the budget approved by the Secretary for a Job Corps center, the operator of a Job Corps center shall have the authority, without prior approval from the Secretary, to--
"(1) hire staff and provide staff professional development;
"(2) set terms and enter into agreements with Federal, State, or local educational partners, such as secondary schools, institutions of higher education, child development centers, units of Junior Reserve Officers' Training Corps programs established under section 2031 of title 10, United States Code, or employers; and
"(3) engage with and educate stakeholders (including eligible applicants for the Job Corps) about Job Corps operations, selection procedures, and activities.".
(4) Streamlined enrollment of veterans and military recruits into the defense industrial base.--
(A) In general.--Subsection (b) of section 144 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3194) is amended--
(i) in the heading, by inserting "and Certain Other Armed Forces Members" after "Veterans"; and
(ii) in the matter preceding paragraph (1), by inserting "or a member of the Armed Forces eligible for pre-separation counseling of the Transition Assistance Program under section 1142 of title 10, United States Code," after "a veteran".
(B) Background check exemption.--Section 145(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3195(b)) is amended--
(i) in paragraph (1)(C), by inserting "except with respect to an individual described in paragraph (4)," before "the individual"; and
(ii) by adding at the end the following:
"(4) Individuals exempted from background check.--An individual described in this paragraph is--
"(A) an individual who is--
"(i)(I) a member of the Armed Forces eligible for pre-separation counseling of the Transition Assistance Program under section 1142 of title 10, United States Code; or
"(II) a veteran who left the Armed Forces not more than 90 days before the date on which the veteran applies to enroll in the Job Corps; and
"(ii) not ineligible for retired pay as provided by section 12740 of title 10, United States Code; or
"(B) a military recruit who--
"(i) is ineligible to enlist in the military as a result of the requirements of section 520 of title 10, United States Code; and
"(ii) not more than 90 days before the date on which the recruit applies to enroll in the Job Corps, passed a background check as part of the enlistment process.".
SEC. 5832. REGULATIONS APPLICABLE TO WEARING OPTIONAL COMBAT
BOOTS.
(a) In General.--Not later than three years after the date of the enactment of this section, the Secretary of Defense shall issue regulations, to take effect not more than one year after issuance, to prohibit any member of the Armed Forces who joins the Armed Forces after the date the regulations are issued from wearing optional combat boots as part of a required uniform unless the optional combat boots are entirely manufactured in the United States and entirely made of--
(1) materials grown, reprocessed, reused, or produced in the United States; and
(2) components that are manufactured entirely in the United States and entirely made of materials described in paragraph (1).
(b) Waiver.--The requirements of subsection (a) may be waived if a member of the Armed Forces provides a medical justification authorized by the commanding officer of such member to wear optional combat boots as part of a required uniform.
(c) Exception.--The requirements of subsection (a) shall not apply to a member of the Armed Forces within a combat arms military occupational specialty who is in a deployed status.
(d) Definitions.--In this section:
(1) The term "optional combat boots", with respect to a member of the Armed Forces, means combat boots not furnished to such member of the Armed Forces by the Secretary of Defense.
(2) The term "required uniform" means a uniform a member of the Armed Forces is required to wear as a member of the Armed Forces.
SEC. 6011. PRIORITIZATION AND BRIEFING ON READY RESERVE FORCE
MODERNIZATION.
(a) Prioritization of Design Requirements.--The Secretary of the Navy and the Secretary of Transportation shall prioritize the finalization of design requirements for new Ready Reserve Force vessels.
(b) Briefing Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in coordination with the Secretary of Transportation, shall provide a briefing to the appropriate congressional committees on the following:
(1) The status of the sealift vessel design being developed pursuant to section 3546 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 57100 note).
(2) The plan and timeline for establishing a vessel construction manager program for Ready Reserve Force new construction, including--
(A) the anticipated procurement strategy;
(B) the vessel construction manager selection process; and
(C) criteria for shipyard selection.
(3) The funding profile required to execute the 10-ship newbuild program authorized under section 2218(f) of title 10, United States Code, phased by fiscal year.
(4) The relationship between the newbuild program and the ongoing used vessel procurement program, including how those programs will be managed in parallel to maintain Ready Reserve Force readiness during the transition period.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives.
(2) Ready reserve force.--The term "Ready Reserve Force" has the meaning given that term in chapter 571 of title 46, United States Code.
SEC. 6012.
Text printed in the Record (11,715 characters)
PILOT PROGRAM ON USE OF ADDITIVE AND ADVANCED
MANUFACTURING TO SUPPORT NAVAL SHIPBUILDING.
(a) Establishment.--The Secretary of the Navy shall conduct a pilot program through which the Secretary shall expand the use of additive manufacturing and advanced manufacturing technologies to address supply chain constraints, production delays, and part shortages affecting naval shipbuilding and ship repair.
(b) Design of Pilot.--The Secretary shall design the pilot program to--
(1) identify shipbuilding components, replacement parts, tooling, fixtures, and other items that are constrained by limited suppliers, long lead times, obsolete production methods, or foreign dependence;
(2) evaluate the use of additive manufacturing and advanced manufacturing to produce such items in a manner that meets applicable Navy technical, safety, cybersecurity, quality assurance, and certification requirements;
(3) reduce schedule delays in ship construction, maintenance, and repair caused by shortages of parts or production capacity;
(4) strengthen domestic manufacturing capacity for naval shipbuilding; and
(5) support the development of qualification standards and repeatable certification pathways for additive manufactured shipbuilding components.
(c) Implementation.--In carrying out the pilot program, the Secretary shall--
(1) select not fewer than three classes of naval vessels for participation in the pilot program;
(2) prioritize components and parts that have demonstrated supply chain constraints, production bottlenecks, or recurring availability issues;
(3) partner with public shipyards, private shipbuilders, suppliers, and other entities within the domestic shipbuilding industrial base;
(4) support University Affiliated Research Centers, federally funded research and development centers, and other qualified technical organizations with expertise in additive manufacturing, advanced manufacturing, materials science, and industrial base modernization;
(5) establish procedures for testing, qualification, and certification of additive manufactured parts for naval use; and
(6) ensure that any technical data, digital models, or manufacturing processes developed under the pilot program are managed to support long-term Navy sustainment and avoid vendor lock-in.
(d) UARC Support.--The Secretary may enter into agreements with University Affiliated Research Centers to provide technical support for the pilot program, including support for--
(1) identifying candidate parts and components suitable for additive or advanced manufacturing;
(2) developing manufacturing processes and qualification standards;
(3) conducting materials testing and performance validation;
(4) assessing cybersecurity risks associated with digital manufacturing files and production systems;
(5) supporting workforce development and training for additive manufacturing in the naval shipbuilding industrial base; and
(6) advising the Navy on how to scale successful technologies across shipbuilding and ship repair programs.
(e) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation of the pilot program, including--
(1) the ship classes, shipyards, and industrial base partners participating in the pilot program;
(2) the categories of parts or components selected for additive manufacturing or advanced manufacturing;
(3) the extent to which the pilot program has reduced lead times, production delays, costs, or supplier constraints;
(4) any barriers to qualification, certification, cybersecurity, intellectual property, or technical data rights;
(5) the role of University Affiliated Research Centers and other technical organizations in supporting the pilot program; and
(6) recommendations for expanding the use of additive and advanced manufacturing across naval shipbuilding and ship repair.
(f) Duration.--The authority under this section shall terminate on December 31, 2032.
SEC. 6021. REPORT ON NATIONAL SECURITY IMPLICATIONS OF
DOMESTIC SUPPLY AND USE OF CRITICAL CHEMICALS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the national security implications of the domestic supply and use of critical chemicals that support petroleum refining and related industrial processes.
(b) Elements.--The report required by subsection (a) shall include, at a minimum, the following:
(1) An assessment of the domestic production capacity and supply chain for critical chemicals used in petroleum refining and related manufacturing processes, and identification of any significant irreplaceability and dependencies on foreign sources or single-supplier vulnerabilities.
(2) An evaluation of the role such chemicals play in supporting the defense industrial base, including their contribution to the production of fuels, materials, and other inputs necessary for military operations and defense manufacturing.
(3) An analysis of the extent to which domestic refining capacity supporting military fuel requirements relies on processes utilizing such chemicals, and the potential operational or logistical impacts to the Department of Defense if the availability or use of such chemicals were significantly constrained.
(4) An assessment of risks to the infrastructure and supply chains associated with the production, storage, and transportation of such chemicals, including physical security, cyber threats, and other potential disruption scenarios.
(5) Recommendations for actions the Department of Defense and other relevant Federal agencies could take to mitigate risks to the supply of such chemicals, including consideration of strategic stockpiling, diversification of supply sources, or other measures to strengthen the resilience of the defense industrial base.
(c) Critical Infrastructure Protection.--Information provided by private sector entities for purposes of preparing the report required by subsection (a) shall be treated as protected critical infrastructure information under the Critical Infrastructure Information Act of 2002 (6 U.S.C. 671 et seq.) and shall be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the "Freedom of Information Act").
(d) Form.--
(1) In general.--The report required by subsection (a) shall be submitted in unclassified form but shall include a classified annex.
(2) Matters for unclassified portion.--The unclassified portion of the report required by subsection (a) shall focus on high-level strategic risks and policy recommendations, ensuring that no information is released that could jeopardize the operational security of the domestic industrial base, including specific refining companies.
(3) Matters for classified annex.--Any site-specific vulnerability assessments, granular production capacities of individual refineries, or detailed transportation route mappings for hazardous chemicals shall be included only in the classified annex required by paragraph (1).
SEC. 6022. REPORT ON REQUIREMENTS FOR CASUALTY NOTIFICATION
OFFICERS AND CASUALTY ASSISTANCE OFFICERS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense, working in conjunction with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report assessing policies, training requirements, and certification standards governing the casualty notification officers and casualty assistance officers of each Armed Force.
(b) Elements.--The report required by subsection (a) shall--
(1) identify opportunities to improve training, standardization, and oversight of officers described in that subsection; and
(2) make recommendations with respect to mechanisms for the Department of Defense to solicit and receive voluntary feedback from surviving family members to help inform continuous improvement of casualty notification and assistance programs.
SEC. 6023. PORT SHUAIBA DRONE ATTACK INSPECTOR GENERAL
REPORT.
(a) Inspector General Report.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report on the March 1, 2026, Iranian drone attack on United States forces in Port Shuaiba, Kuwait, and its aftermath.
(b) Elements.--The report submitted under subsection (a) shall include, with respect to events occurring shortly before and after the attack described in such subsection and related matters, the following:
(1) A description of the reason for moving members of the 103rd Sustainment Command (Expeditionary) to Port Shuaiba.
(2) A description of medical supplies provided by the Army to the 103rd Sustainment Command (Expeditionary), including whether any requests for supplies were denied.
(3) A description of actions taken to ensure the physical security of the Port Shuaiba facility.
(4) A timeline of the attack described in subsection (a).
(5) A review of medical care provided to members of the Armed Forces injured in the attack described in subsection (a), including whether they received proper diagnoses and medical care for injuries such as traumatic brain injuries.
(6) An evaluation of whether Department of Defense statements concerning the attack described in subsection (a) and medical care provided to members of the Armed Forces injured in the attack were consistent with information provided to the public by the Department of Defense.
(c) Form.--The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 6024. ASSESSMENT OF NUCLEAR, CHEMICAL AND BIOLOGICAL
MEDICAL COUNTERMEASURES.
(a) In General.--Not later than March 31, 2027, the Secretary of Defense shall submit to the congressional defense committees an assessment of the establishment of a governance structure for coordinating the development of national security-related medical countermeasures, similar to the Operation Warp Speed Program, for nuclear, chemical and biological medical countermeasures.
(b) Elements.--The report required under subsection (a) should include--
(1) recommendations to strengthen and improve the current medical countermeasure capabilities, authorities, and command structures of the Department of Defense;
(2) recommendations to improve and formalize interagency coordination, support mechanisms, and supply chains necessary for a robust national security medical countermeasure enterprise; and
(3) any other matters the Secretary of Defense determines necessary.
SEC. 6031. PUBLIC DISCLOSURE OF VEHICLE AND AIRCRAFT MANIFEST
INFORMATION.
(a) In General.--Section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) is amended--
(1) by amending subsection (a) to read as follows:
"(a) In General.--Each of the following shall have a manifest that complies with the requirements prescribed under subsection (d):
"(1) Every vessel required to make entry under section 434 or obtain clearance under section 60105 of title 46, United States Code.
"(2) Every aircraft required to make entry and obtain clearance under section 644(a).
"(3) Every commercial vehicle arriving in or departing from the United States that is--
"(A) transporting merchandise for importation into or exportation from the United States; and
"(B) required to transmit advance electronic information under section 343(a) of the Trade Act of 2002 (19 U.S.C.
Text printed in the Record (11,506 characters)
1415(a))."; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking "subparagraph (2)" and all that follows through "public disclosure" and inserting "paragraph (2) or (3), when included in a vessel, vehicle, or aircraft manifest, the following information shall be available for public disclosure";
(ii) in subparagraph (D), by striking "vessel, aircraft, or carrier" and inserting "vessel, vehicle, or aircraft"; and
(iii) by striking subparagraphs (E) and (F) and inserting the following:
"(E) In the case of a vessel or aircraft--
"(i) the seaport or airport of loading; and
"(ii) the seaport or airport of discharge.
"(F) In the case of a vehicle, the port of entry.";
(B) by amending paragraph (2)(B) to read as follows:
"(B)(i) The Secretary shall ensure that any personally identifiable information of individuals, such as the information described in clause (ii), is removed from any manifest signed, produced, delivered, or electronically transmitted under this section before access to the manifest is provided to the public.
"(ii) The information described in this clause includes the following:
"(I) Social Security numbers.
"(II) Passport numbers.
"(III) The following names and addresses appearing in the manifest in the names and addresses associated with a shipper, consignee, or notify party:
"(aa) Names of individuals who are end consumers.
"(bb) Residential addresses (excluding zip codes) that are not primary addresses of a trade or business.
"(iii) Nothing in this paragraph may be construed to permit the removal of the name, address, or identification number of a business from a manifest signed, produced, delivered or electronically transmitted under this section.".
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
"(3) In the case of a manifest required by subsection (a)(3) for a vehicle departing from the United States, when the manifest is provided to the Automated Commercial Environment system of U.S. Customs and Border Protection, U.S. Customs and Border Protection shall process the manifest and provide the information in the manifest described in paragraph (1) and not excluded from disclosure under paragraph (2) to the appropriate parties.".
(b) Applicability.--The amendments made by subsection (a) shall apply with respect to each vessel, vehicle, and aircraft arriving in or departing from the United States on or after the date that is 120 days after the date of the enactment of this Act.
SEC. 6032. NONDISCRIMINATION IN DISASTER ASSISTANCE.
Section 308(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by striking "or economic status" and inserting "economic status, or political affiliation".
SEC. 6033. COUNTER-UAS AUTHORITY.
Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) is amended--
(1) in subsection (a), by adding at the end the following:
"(3) Authority of the marshal of the united states supreme court.--Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, United States Code, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction, and after completing the training required under subsection (d)(4), the Marshal of the Supreme Court may take and may authorize personnel with assigned duties that include the security or protection of the Chief Justice or any Associate Justice of the Supreme Court to take such actions as are described in subsection (b)(1)(A) that are necessary to detect, identify, monitor, or track a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of the Chief Justice or any Associate Justice of the Supreme Court on the grounds of the Supreme Court, property leased for use by the Supreme Court, or at the residence of the Chief Justice or any Associate Justice.";
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking "The Secretary" and inserting:
"(A) In general.--The Secretary"; and
(ii) by adding at the end the following:
"(B) Marshal of the supreme court.--The Marshal of the Supreme Court shall develop for the Supreme Court Police the actions described in paragraph (1) in coordination with the Secretary of Transportation.";
(B) in paragraph (3), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court"; and
(C) in paragraph (4), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court";
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
"(1) In general.--
"(A) Agency guidance.--The Secretary, the Attorney General, and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of the Secretary, the Attorney General, or the Secretary of Transportation to carry out this section, including guidance relating to actions carried out by any State, local, Tribal, or territorial law enforcement or correctional agency under this section.
"(B) Supreme court.--The Marshal of the Supreme Court shall prescribe regulations and issue guidance, in coordination with the Secretary, the Attorney General, and the Secretary of Transportation, that are consistent with regulations prescribed and guidance issued by the Secretary, Attorney General, or Secretary of Transportation under subparagraph (A).";
(B) in paragraph (3)--
(i) in subparagraph (A), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court"; and
(ii) in subparagraph (B), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court"; and
(C) by adding at the end the following:
"(4) Marshal of the supreme court training and certification.--The Marshal of the Supreme Court and any personnel of the Marshal of the Supreme Court shall be subject to the same training and certification requirements relating to the detection, identification, monitoring, and tracking of unmanned aircraft as personnel of the Department of Homeland Security.";
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking "each Secretary, the Attorney General" and inserting "the Secretary, the Attorney General, the Secretary of Transportation, the Marshal of the Supreme Court";
(B) in paragraph (3)--
(i) by inserting "the Marshal of the Supreme Court," after "the Attorney General,"; and
(ii) by striking "determine" and inserting "determines";
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting a comma after "Security"; and
(II) by inserting "the Supreme Court Police," after "Justice,"; and
(ii) in subparagraph (C), by striking "and the Department of Justice" and inserting ", the Department of Justice, or the Supreme Court Police"; and
(D) in paragraph (5), by striking "and the Department of Justice" and inserting ", the Department of Justice, and the Supreme Court Police";
(5) in subsection (g)--
(A) in paragraph (1), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court";
(B) in paragraph (3)--
(i) by inserting "the Marshall of the Supreme Court," after "the Attorney General," each place the term appears; and
(ii) in subparagraph (E), by striking "or the Department of Homeland Security" and inserting ", the Department of Homeland Security, or the Supreme Court Police"; and
(C) in paragraph (5), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court";
(6) in subsection (h)(1), by striking "or the Attorney General" and inserting ", the Attorney General, or the Marshal of the Supreme Court"; and
(7) in subsection (j), by adding at the end the following:
"(3) Marshal of the united states supreme court.--The authority of the Marshal of the Supreme Court to carry out actions with respect to subsection (a)(3) shall terminate on September 30, 2031.".
SEC. 6034. LIST OF ENTITIES HOLDING FCC AUTHORIZATIONS,
LICENSES, OR OTHER GRANTS OF AUTHORITY AND
HAVING CERTAIN FOREIGN OWNERSHIP.
(a) Definitions.--In this section:
(1) Appropriate national security agency.--The term "appropriate national security agency" has the meaning given such term in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).
(2) Commission.--The term "Commission" means the Federal Communications Commission.
(3) Covered country.--The term "covered country" means a country specified in section 4872(f)(2) of title 10, United States Code.
(4) Covered entity.--The term "covered entity" means--
(A) the government of a covered country;
(B) an entity organized under the laws of a covered country; and
(C) a subsidiary of an entity described in subparagraph (B), regardless of whether the subsidiary is organized under the laws of a covered country.
(b) Publication of List.--Not later than 120 days after the date of the enactment of this Act, the Commission shall publish on the internet website of the Commission a list of each entity--
(1) that holds a license issued by the Commission pursuant to--
(A) section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)); or
(B) the Act of May 27, 1921 (47 U.S.C. 34 et seq.; commonly known as the "Cable Landing Licensing Act") and Executive Order 10530 (3 U.S.C. 301 note; relating to the performance of certain functions vested in or subject to the approval of the President); and
(2) with respect to which--
(A) a covered entity holds an equity or voting interest that is required to be reported to the Commission under the ownership rules of the Commission; or
(B) an appropriate national security agency has determined that a covered entity exerts control, regardless of whether such covered entity holds an equity or voting interest as described in subparagraph (A).
(c) Rulemaking.--
(1) In general.--Not later than 18 months after the date of the enactment of this Act, the Commission shall issue rules to obtain information to identify each entity--
(A) that holds any authorization, license, or other grant of authority issued by the Commission (other than a license described in subsection (b)(1)); and
(B) with respect to which a covered entity holds an equity or voting interest that is required to be reported to the Commission under the ownership rules of the Commission.
(2) Placement on list.--Not later than 1 year after the Commission issues the rules required by paragraph (1), the Commission shall place each entity described in such paragraph on the list published under subsection (b).
(d) Annual Updates.--The Commission shall, not less frequently than annually, update the list published under subsection (b), including with respect to any entity required to be placed on such list by subsection (c)(2).
SEC. 6035. TREATMENT OF EXEMPTIONS UNDER THE FOREIGN AGENTS
REGISTRATION ACT OF 1938.
(a) Short Title.--This section may be cited as the "Preventing Adversary Influence, Disinformation, and Obscured Foreign Financing Act of 2026" or the "PAID OFF Act of 2026".
(b) Treatment of Exemptions Under the Foreign Agents Registration Act of 1938.--Section 3 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C.
Text printed in the Record (11,852 characters)
613), is amended--
(1) in the matter preceding subsection (a), by inserting ", except as provided in subsection (i)" after "principals"; and
(2) by adding at the end the following:
"(i) Limitations.--The exemptions under subsections (d)(1), (d)(2), and (h) shall not apply to any agent of a foreign principal that is a corporate or government entity that is owned or controlled by 1 or more of the identified countries listed in clauses (i) through (v) of section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)).".
(c) Mechanism to Amend Definition of "Country of Concern".--Section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
(2) by inserting after paragraph (5) the following:
"(6) Modification to definition of `country of concern'.--
"(A) In general.--The Secretary of State may, in consultation with the Attorney General, propose the addition or deletion of countries described in paragraph (1)(A).
"(B) Submission.--Any proposal described in subparagraph (A) shall--
"(i) be submitted to the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives; and
"(ii) become effective upon enactment of a joint resolution of approval as described in subparagraph (C).
"(C) Joint resolution of approval.--
"(i) In general.--For purposes of subparagraph (B)(ii), the term `joint resolution of approval' means only a joint resolution--
"(I) that does not have a preamble;
"(II) that includes in the matter after the resolving clause the following: `That Congress approves the modification of the definition of "country of concern" under section 1(m) of the State Department Basic Authorities Act of 1956, as submitted by the Secretary of State on ____; and section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)) is amended by ______.', the blank spaces being appropriately filled in with the appropriate date and the amendatory language required to modify the list of countries in paragraph (1)(A) of this subsection by adding or deleting 1 or more countries; and
"(III) the title of which is as follows: `Joint resolution approving modifications to definition of "country of concern" under section 1(m) of the State Department Basic Authorities Act of 1956.'.
"(ii) Referral.--
"(I) Senate.--A resolution described in clause (i) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate.
"(II) House of representatives.--A resolution described in clause (i) that is introduced in the House of Representatives shall be referred to the Committee on the Judiciary of the House of Representatives.".
(d) Sunset.--The amendments made by this section shall terminate on the date that is 5 years after the date of enactment of this Act.
SEC. 6036. REVIEW AND PROHIBITIONS BY COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES OF CERTAIN
TRANSACTIONS RELATING TO AGRICULTURE.
(a) In General.--Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended--
(1) in subsection (a), by adding at the end the following:
"(14) Agriculture.--The term `agriculture' has the meaning given that term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).";
(2) in subsection (b)(1), by adding at the end the following:
"(I) Consideration of certain agricultural land transactions.--
"(i) In general.--Not later than 30 days after receiving notification from the Secretary of Agriculture of a reportable agricultural land transaction, the Committee shall determine--
"(I) whether the transaction is a covered transaction; and
"(II) if the Committee determines that the transaction is a covered transaction, whether to--
"(aa) request the submission of a notice under clause (i) of subparagraph (C) or a declaration under clause (v) of such subparagraph pursuant to the process established under subparagraph (H); or
"(bb) initiate a review pursuant to subparagraph (D).
"(ii) Reportable agricultural land transaction defined.--In this subparagraph, the term `reportable agricultural land transaction' means a transaction--
"(I) that the Secretary of Agriculture has reason to believe is a covered transaction;
"(II) that involves the acquisition of an interest in agricultural land by a foreign person, other than an excepted investor or an excepted real estate investor, as such terms are defined in regulations prescribed by the Committee; and
"(III) with respect to which a person is required to submit a report to the Secretary of Agriculture under section 2(a) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(a)).
"(iii) Rule of construction.--Nothing in this subparagraph shall be construed to apply to the acquisition of an interest in agricultural land by a United States citizen or an alien lawfully admitted for permanent residence to the United States.";
(3) in subsection (k)(2)--
(A) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and
(B) by inserting after subparagraph (G) the following:
"(H) The Secretary of Agriculture, with respect to any covered transaction related to the purchase of agricultural land or biotechnology or otherwise related to the agriculture industry in the United States."; and
(4) by adding at the end the following:
"(r) Prohibitions Relating to Purchases of Agricultural Land and Agricultural Businesses.--
"(1) In general.--If the Committee, in conducting a review under this section, determines that a transaction described in clause (i), (ii), or (iv) of subsection (a)(4)(B) would result in the purchase or lease by a covered foreign person of real estate described in paragraph (2) or would result in control by a covered foreign person of a United States business engaged in agriculture, the President shall prohibit the transaction unless a party to the transaction voluntarily chooses to abandon the transaction.
"(2) Real estate described.--Subject to regulations prescribed by the Committee, real estate described in this paragraph is agricultural land (as defined in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508)) in the United States that is in close proximity (subject to subsection (a)(4)(C)(ii)) to a United States military installation or another facility or property of the United States Government that is--
"(A) sensitive for reasons relating to national security for purposes of subsection (a)(4)(B)(ii)(II)(bb); and
"(B) identified in regulations prescribed by the Committee.
"(3) Waiver.--
"(A) In general.--The President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1) after the President determines and reports to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that the waiver is in the national interest of the United States.
"(B) Delegation.--The President may delegate the authority under subparagraph (A) to the Secretary of the Treasury. The Secretary of the Treasury may redelegate that authority to the Deputy Secretary of the Treasury or to another appropriate officer of the Department of the Treasury.
"(4) Covered foreign person defined.--
"(A) In general.--In this subsection, subject to regulations prescribed by the Committee, the term `covered foreign person'--
"(i) means--
"(I) the government of a covered country; or
"(II) any foreign person (including a foreign entity) that acts as an agent, representative, or employee of, or acts at the direction or control of, the government of a covered country; and
"(ii) does not include a United States citizen or an alien lawfully admitted for permanent residence to the United States.
"(B) Covered country defined.--For purposes of subparagraph (A), the term `covered country' means any of the following countries, if the country is determined to be a foreign adversary pursuant to section 791.4 of title 15, Code of Federal Regulations (or a successor regulation):
"(i) The People's Republic of China.
"(ii) The Russian Federation.
"(iii) The Islamic Republic of Iran.
"(iv) The Democratic People's Republic of Korea.".
(b) Spending Plans.--Not later than 60 days after the date of the enactment of this Act, each department or agency represented on the Committee on Foreign Investment in the United States shall submit to the chairperson of the Committee a copy of the most recent spending plan required under section 1721(b) of the Foreign Investment Risk Review Modernization Act of 2018 (50 U.S.C. 4565 note).
(c) Regulations.--
(1) In general.--The President shall direct, subject to section 553 of title 5, United States Code, the issuance of regulations to carry out the amendments made by this section.
(2) Effective date.--The regulations prescribed under paragraph (1) shall take effect not later than 18 months after the date of the enactment of this Act.
(d) Effective Date; Applicability.--The amendments made by this section shall--
(1) take effect on the date of the enactment of this Act; and
(2) apply with respect to a covered transaction (as defined in section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565)) that is proposed, pending, or completed on or after such date of enactment.
SEC. 6037. SECOND CHANCE REAUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the "Second Chance Reauthorization Act".
(b) Improvements to Existing Programs.--
(1) State and local reentry demonstration projects.--Section 2976 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631) is amended--
(A) in subsection (b)--
(i) in paragraph (7), by striking "and" at the end;
(ii) in paragraph (8), by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
"(9) treating substance use disorders, including by providing peer recovery services, case management, and access to overdose education and overdose reversal medications; and
"(10) providing reentry housing services."; and
(B) in subsection (o)(1), by striking "2019 through 2023" and inserting "2027 through 2031".
(2) Grants for family-based substance abuse treatment.--Section 2926(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10595a(a)) is amended by striking "2019 through 2023" and inserting "2027 through 2031".
(3) Grant program to evaluate and improve educational methods at prisons, jails, and juvenile facilities.--Section 1001(a)(28) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(28)) is amended by striking "2019, 2020, 2021, 2022, and 2023" and inserting "2027 through 2031".
(4) Careers training demonstration grants.--Section 115(f) of the Second Chance Act of 2007 (34 U.S.C. 60511(f)) is amended by striking "2019, 2020, 2021, 2022, and 2023" and inserting "2027 through 2031".
(5) Offender reentry substance abuse and criminal justice collaboration program.--Section 201(f)(1) of the Second Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended by striking "2019 through 2023" and inserting "2027 through 2031".
(6) Community-based mentoring and transitional service grants to nonprofit organizations.--Section 211(f) of the Second Chance Act of 2007 (34 U.S.C. 60531(f)) is amended by striking "2019 through 2023" and inserting "2027 through 2031".
SEC. 6038. INCREASE OF CIVIL PENALTIES UNDER EXPORT CONTROL
REFORM ACT OF 2018.
(a) In General.--Section 1760(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C.
Text printed in the Record (11,994 characters)
4819(c)(1)(A)) is amended--
(1) by striking "$300,000" and inserting "$1,200,000"; and
(2) by striking "twice the value of the transaction" and inserting "four times the value of the transaction".
(b) Applicability.--This section, and the amendments made by this section, shall apply with respect to a violation of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) or any regulation, order, or license issued under such Act, committed on or after the date of the enactment of this Act.
SEC. 6039. PROTECT ACT.
(a) Short Title.--This section may be cited as the "Preservation of Rights and Ownership of Traditional Emblems, Crests, and Tributes Act" or the "PROTECT Act".
(b) Registration of Trademarks.--
(1) In general.--Section 2 of the Act entitled "An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946 (commonly known as the "Trademark Act of 1946") (15 U.S.C. 1052), is amended--
(A) by redesignating subsection (f) as subsection (g);
(B) by inserting after subsection (e) the following:
"(f) Is authorized, issued, or controlled by the Government for the purposes of Department of Defense or Armed Forces awards, decorations, campaign and service ribbons, or medals, except that such a mark may be registered at the discretion of the agency or department of the Government that controls the official use of the mark."; and
(C) in subsection (g), as so redesignated--
(i) in the first sentence, by striking "and (e)(5)" and inserting "(e)(5), and (f)"; and
(ii) by adding at the end the following: .
(2) Technical and conforming amendments.--The Act entitled "An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946 (commonly known as the "Trademark Act of 1946") (15 U.S.C. 1051 et seq.), is amended--
(A) in section 1(d)(1) (15 U.S.C. 1051(d)(1)), by striking "subsections (a) through (e) of section 2" and inserting "subsections (a) through (f) of section 2"; and
(B) in section 26 (15 U.S.C. 1094), by striking "2(f)" and inserting "2(g)".
SEC. 6040. MULTILATERAL ALIGNMENT OF CONTROLS ON
SEMICONDUCTOR MANUFACTURING EQUIPMENT.
(a) Identifying Chokepoints.--Not later than 60 days after the date of the enactment of this Act, and annually thereafter, the Under Secretary of Commerce for Industry and Security, in coordination with the Secretary of State, shall--
(1) conduct a review to identify all covered semiconductor manufacturing equipment and all covered facilities;
(2) submit to the appropriate congressional committees a list of all such equipment and facilities; and
(3) notify the public in the Federal Register when this submission has occurred.
(b) Diplomatic Engagement.--
(1) In general.--The Under Secretary of Commerce for Industry and Security and the Secretary of State should continue to prioritize and encourage the governments of allied supplier countries to adopt--
(A) countrywide controls, or other policies that have the same practical effect as countrywide controls, on covered semiconductor manufacturing equipment that are subject to the jurisdiction of such allied supplier country; and
(B) license requirements, with a policy of presumption of denial, for the export, reexport, or in-country transfer of all applicable items to any covered facility and for the servicing of all applicable items at any covered facility.
(2) Briefing on diplomatic efforts.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Commerce for Industry and Security and the Secretary of State shall jointly provide to members of the appropriate congressional committees a briefing to describe the status of diplomatic efforts to align the controls on covered semiconductor manufacturing equipment imposed by allied supplier countries with the controls imposed by the United States.
(3) Certification on allied supplier countries.--Except as provided in subsection (c)(3), for each allied supplier country, the Under Secretary of Commerce for Industry and Security and the Secretary of State shall jointly certify, not later than 150 days after the date of the enactment of this Act, to the appropriate congressional committees that either--
(A) the country has implemented the controls described in subparagraphs (A) and (B) of paragraph (1); or
(B)(i) the country has not adopted the controls described in subparagraph (A) or (B) of paragraph (1);
(ii) the Under Secretary of Commerce for Industry and Security and the Secretary of State have prioritized and exhausted available diplomatic channels; and
(iii) continued delay would materially undermine the national security of the United States.
(c) Controls on United States Equipment and Extension of Controls.--
(1) Application of controls on united states equipment.--Not later than 150 days after the date of the enactment of this Act, and annually thereafter, the Under Secretary of Commerce for Industry and Security shall issue regulations that--
(A) update United States countrywide controls to covered semiconductor manufacturing equipment produced in the United States; and
(B) update comprehensive United States end-user or end-use restrictions to all covered facilities located in a country of concern.
(2) Extension of controls to allied supplier countries.--
(A) In general.--Except as provided in subparagraph (B), for any allied supplier country for which a certification is submitted under subsection (b)(3)(B), the Under Secretary of Commerce for Industry and Security shall issue regulations, not later than the date of the submission of such certification, that--
(i) establish United States jurisdiction over covered semiconductor manufacturing equipment and applicable items exported, reexported, or in-country transferred from, or produced in, such country; and
(ii) apply--
(I) countrywide controls to all covered semiconductor manufacturing equipment produced in such country;
(II) a license requirement, subject to a presumption of denial, for the servicing of any applicable item located in a covered facility; and
(III) end-user and end-use controls prohibiting the export, reexport, or in-country transfer of an applicable item to any covered facility.
(B) Deferral for anticipated alignment.--If, on or before the deadline described in subparagraph (A), the Under Secretary of Commerce for Industry and Security and the Secretary of State jointly submit to the appropriate congressional committees a report certifying that the allied supplier country subject to subparagraph (A) has committed to adopt, or is otherwise expected to adopt, controls that have the same practical effect as those described in subsection (b)(1), the Under Secretary of Commerce for Industry and Security may issue a one-time deferral of the effective date of the regulations described in subsection (A) for a period of not longer than 30 days from the date described in subparagraph (A).
(3) National security waiver.--The Under Secretary of Commerce for Industry and Security and the Secretary of State may jointly grant a one-time waiver to extend the 150-day deadline for the issuing of controls pursuant to paragraph (1) or paragraph (2) by not more than 90 days, if the Under Secretary of Commerce for Industry and Security and the Secretary of State jointly--
(A) submit a report to the appropriate congressional committees describing--
(i) the justification for why the deadline could not be met; and
(ii) the interim steps taken to prevent stockpiling; and
(B) determine and certify to the appropriate congressional committees that--
(i) the extension is in the national security interest of the United States; and
(ii) if applicable, the government of the allied supplier country is taking concrete, verifiable steps, pursuant to their domestic laws and regulations and as expeditiously as possible, to adopt controls that have the same practical effect as, or are more stringent than, the controls that would otherwise be imposed under paragraph (2).
(d) Report.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Under Secretary of Commerce for Industry and Security and the Secretary of State shall jointly submit to the appropriate congressional committees a report that includes--
(A) the scope of the export controls imposed by the United States and allied supplier countries on any covered semiconductor manufacturing equipment identified in the most recent list submitted under subsection (a);
(B) a summary of diplomatic engagements and unilateral actions undertaken by the Secretaries in the one-year period prior to the submission of the report to close any gap in countrywide controls imposed by allied supplier countries for covered semiconductor manufacturing equipment; and
(C) a certification that the export, reexport, or in-country transfer of any covered semiconductor manufacturing equipment to
a country of concern, the export of any applicable items to any covered facility, and the servicing of any such item located in a country of concern is prohibited or requires a license issued by the United States or an allied supplier country, subject to a presumption of denial.
(2) Form.--Each report submitted under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(e) Nonpublication of Confidential Certifications and Reports.--
(1) In general.--The Under Secretary of Commerce for Industry and Security and the Secretary of State, as applicable, may elect to submit to the appropriate congressional committees any certification and report described in subsection (a), (c), or (d) in a confidential manner.
(2) Committee safeguards.--The appropriate congressional committees shall take such steps as may be necessary to ensure that any certification or report submitted in a confidential manner is not made publicly available.
(f) Compliance Assistance With Extension of Controls.--Simultaneously with the issuing regulations under subsection (c)(2), the Under Secretary of Commerce for Industry and Security may provide to the principal executive officers of any company that produces covered semiconductor manufacturing equipment in the allied supplier country targeted in such regulations a letter describing the regulations and the legal obligations imposed by the regulations, including any penalty that may be imposed under section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819) for a violation of such regulations.
(g) Termination and Reimposition of Controls Upon Allied Action.--
(1) Termination or modification.--The Under Secretary of Commerce for Industry and Security may terminate or modify any regulation issued under subsection (c)(2), if the country has established controls, including licensing policies, that have the same practical effect as the regulation to be terminated or modified.
(2) Reimposition.--If, after terminating or modifying a control under paragraph (1), the Under Secretary of Commerce for Industry and Security determines that the allied supplier country has materially weakened, suspended, or revoked the control that justified the termination or modification under paragraph (1), the Under Secretary shall, not later than 60 days after making such determination--
(A) notify the appropriate congressional committees of such determination; and
(B) reimpose the control under subsection (c)(2) that was terminated or modified under paragraph (1).
(h) Administrative Procedures.--The provisions of section 1762 of the Export Control Reform Act of 2018 (50 U.S.C. 4821) shall apply to this section in the same manner and to the same extent as such provisions apply to the Export Control Reform Act of 2018 (50 U.S.C.
Text printed in the Record (11,991 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 Under Secretary of Commerce for Industry and Security and the Secretary of State jointly determine that no country of concern produces in sufficient volumes and with capabilities comparable to those of the product sold by the global market leader, as of the date of the enactment of this Act; and
(B) includes, at a minimum--
(i) all deep ultraviolet immersion photolithography machines, through silicon via deposition and etch tools, cryogenic etch equipment, and cobalt deposition equipment; and
(ii) all semiconductor manufacturing equipment or components specified in Export Control Classification Number 3B001 or 3B002, or equipment meeting the parameters of Export Control Classification Number 3B993.f.1 (excluding the parameters described in 3B993.F.1.b2), as in effect on January 1, 2026, except any item the Under Secretary of Commerce for Industry and Security and the Secretary of State jointly determine does not meet the requirements of subparagraph (A).
(10) The terms "export", "in-country transfer", "reexport", and "Export Administration Regulations" have the meanings given such terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(11) The term "in sufficient volumes" means in volumes sufficient to meet 75 percent of current demand from all countries of concern.
(12) The term "servicing" means any servicing of equipment or components, whether in-person or remote, including installation, calibration, repair, overhauling, refurbishing, testing, diagnosing, updating software or firmware, training, field services, application support engineering, customization, technical assistance, process adjustments, troubleshooting, and transfer of industry best practices for maintenance.
SEC. 6041. AIR TRAFFIC-COLLEGIATE TRAINING INITIATIVE PROGRAM
IMPROVEMENTS.
(a) Definitions.--In this section:
(1) Administrator.--The term "Administrator" means the Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term "appropriate committees of Congress" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(3) Comptroller general.--The term "Comptroller General" means the Comptroller General of the United States.
(4) FAA.--The term "FAA" means the Federal Aviation Administration.
(b) Air Traffic-Collegiate Training Initiative Program Improvements.--
(1) In general.--Section 44506(c) of title 49, United States Code, is amended to read as follows:
"(c) Air Traffic-Collegiate Training Initiative and Enhanced Air Traffic-Collegiate Training Initiative.--
"(1) In general.--The Administrator of the Federal Aviation Administration shall maintain the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program (in this section referred to as the `Enhanced Initiative') to support the recruitment, education, and hiring of well-qualified developmental air traffic controllers.
"(2) Special rules for the enhanced initiative.--
"(A) Requirements.--In maintaining the Enhanced Initiative under paragraph (1), the Administrator shall, at a minimum--
"(i) select and coordinate with accredited institutions of higher education (as defined in section 61.1 of title 14, Code of Federal Regulations), as determined by the Administrator, that administer an accredited air
traffic curriculum to undergraduate students, to prepare students for the position of air traffic controller with the Department of Transportation (as defined in section 2109 of title 5);
"(ii) establish standards for the entry and participation of accredited institutions of higher education into the program; and
"(iii) solicit applications from, and provide guidance to, interested accredited institutions of higher education that administer an accredited air traffic curriculum to undergraduate students, including accredited institutions that participate in the Air Traffic-Collegiate Training Initiative, to foster participation of qualified accredited institutions in the Enhanced Initiative.
"(B) Selection criteria.--Prior to selecting an accredited institution of higher education for participation in the Enhanced Initiative, the Administrator shall--
"(i) consider the air traffic curriculum of the institution, including the institution's access to air traffic educational resources and Federal Aviation Administration air traffic facilities and equipment;
"(ii) certify that each accredited institution of higher education seeking to participate in the Enhanced Initiative has a qualified air traffic curriculum that provides, at a minimum, an equivalent level of education and training for air traffic controller trainees to that provided at the Federal Aviation Administration Academy; and
"(iii) certify that all evaluations of students at accredited institutions of higher education seeking to participate in the Enhanced Initiative shall be conducted by evaluators that are approved and certified by the Federal Aviation Administration.
"(3) Appointment of program graduates.--The Administrator may appoint an individual who has successfully completed a course of training in a program described in paragraph (1) to the position of air traffic controller noncompetitively in the excepted service (as defined in section 2103 of title 5).".
(2) Enhanced air traffic-collegiate training initiative program faculty annuity supplement.--Section 8421a(c) of title 5, United States Code, is amended--
(A) in paragraph (1), by striking "; or" and inserting a semicolon;
(B) in paragraph (2), by striking the period at the end and inserting "; or"; and
(C) by adding at the end the following new paragraph:
"(3) air traffic control instructor, or supervisor thereof, at an institution of higher education participating in the Enhanced Air Traffic-Collegiate Training Initiative program described in section 44506(c) of title 49.".
(3) FAA air traffic control training aviation rulemaking committee.--
(A) In general.--The Administrator shall convene an aviation rulemaking committee to--
(i) review the curricula of the air traffic technical training academy of the FAA, including its use in the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program;
(ii) review the on-the-job training, development, evaluation, and certification of certified professional controllers;
(iii) develop findings and recommendations regarding the improvement and modernization of such curricula and training; and
(iv) provide to the Administrator a report on such findings and recommendations and for other related purposes as determined by the Administrator.
(B) Composition.--The aviation rulemaking committee established under subparagraph (A) shall consist of members appointed by the Administrator, including representatives of--
(i) institutions of higher education that are accredited by the Aviation Accreditation Board International;
(ii) aviation industry organizations;
(iii) FAA subject matter experts;
(iv) military and commercial operators of aircraft, helicopters, and powered-lift aircraft;
(v) the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code;
(vi) organizations representing certified collective bargaining representatives of airline pilots;
(vii) representatives of accredited institutions of higher education participating in the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program;
(viii) aviation safety experts, including those from outside the FAA; and
(ix) any other stakeholder determined appropriate by the Administrator.
(C) Considerations.--The aviation rulemaking committee established under subparagraph (A) shall consider the following:
(i) The advancements in education technology, including digital resources and augmented reality or virtual reality capabilities, that may be
Text printed in the Record (7,731 characters)
incorporated into a modern curriculum and training.
(ii) The appropriate balance between the use of theoretical knowledge and practical application.
(iii) A review of instructional techniques to improve the effectiveness of learning outcomes.
(iv) The real-world applicability of air traffic operations procedures included in the curriculum and training.
(v) Student success rates, including outcomes of air traffic controller trainees when placed at facilities for on-the-job training.
(vi) Methods for reducing the subjectivity of instructional techniques.
(vii) Student success rates correlated with the completion of the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program described in section 44506(c) of title 49, United States Code.
(viii) The appropriate method for ensuring the curriculum and training incorporates new entrants into the national airspace system.
(ix) Other considerations as determined appropriate by the Administrator.
(D) Duties.--
(i) In general.--Not later than 18 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a copy of the aviation rulemaking committee report provided to the Administrator under subparagraph (A)(iii).
(ii) Implementation.--Not later than 180 days after the date of submission of the report under clause (i), the Administrator shall implement the recommendations of the report, as determined appropriate by the Administrator.
(iii) Justification.--If the Administrator decides not to implement a recommendation described in the report submitted under clause (i), the Administrator shall submit to the appropriate committees of Congress a justification for such decision not later than 90 days after receiving such report.
(E) Prohibition on compensation.--The members of the aviation rulemaking committee convened under this paragraph shall not receive pay, allowances, or benefits from the Federal Government by reason of their service on such committee. This paragraph shall not be construed to affect the pay, allowances, or benefits of any Federal employee who serves as a member of the aviation rulemaking committee as part of their official duties.
(4) Review of enhanced air traffic-collegiate training initiative program.--
(A) In general.--Not later than 5 years after the date of the enactment of this section, the Comptroller General shall initiate a study to examine the effectiveness of the Enhanced Air Traffic-Collegiate Training Initiative program (in this paragraph referred to as the "Enhanced Initiative") in--
(i) increasing the education and training capacity of FAA air traffic controllers; and
(ii) growing the FAA air traffic controller workforce.
(B) Contents.--In conducting the study under subparagraph (A), the Comptroller General shall, at a minimum, evaluate the effectiveness of the program in producing--
(i) students that score at least a well-qualified score on the Air Traffic Skills Assessment (or a successor air traffic entrance exam);
(ii) developmental controllers that enter en route and terminal air traffic environments after completing the Enhanced Initiative; and
(iii) developmental controllers that become certified professional controllers.
(C) Consultation.--In conducting the study under subparagraph (A), the Comptroller General shall consult with the Administrator and appropriate stakeholders involved in overseeing, operating, and administering the Enhanced Initiative.
(D) Report.--Not later than 1 year after the date on which the Comptroller General initiates the study under subparagraph (A), the Comptroller General shall submit to the appropriate committees of Congress and the Administrator a report describing the results of the study, together with any appropriate recommendations for legislative or administrative action.
SEC. 6042. CONDITION FOR ENTRY INTO PORTS IN THE UNITED
STATES.
Section 70022 of title 46, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (i)--
(i) in the matter preceding subclause (I), by striking "subsection (b)(1)" and inserting "subsection (b)(1)(A)"; and
(ii) in subclause (II), by striking "; or" and inserting a semicolon;
(B) in clause (ii)--
(i) by striking "subsection (b)(2)" and inserting "subsection (b)(1)(B)"; and
(ii) by striking the period at the end and inserting "; or"; and
(C) by adding at the end the following:
"(iii) a vessel described in subsection (b)(1) in the case of--
"(I) an emergency being experienced by the vessel or an individual on the vessel; or
"(II) such a vessel described in subparagraph (C) of such subsection that is authorized by the United States person described in clause (ii) of such subparagraph to operate or enter the port, harbor, or marine terminal described in such subsection."; and
(2) in subsection (b)--
(A) in paragraph (1), by striking "; or" and inserting a semicolon;
(B) in paragraph (2), by striking the period at the end and inserting "; or";
(C) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins of such subparagraphs accordingly;
(D) by striking "A vessel referred" and inserting the following:
"(1) In general.--A vessel referred"; and
(E) by adding at the end the following:
"(C) subject to paragraph (2), is a vessel that, after fiscal year 2025, has entered or operated in a port, harbor, or marine terminal that--
"(i) is within the geographic area of 2034'31" N, 2034'13" N, 8707'47" W, 8707'20" W;
"(ii) the President determines was owned, held, or controlled, directly or indirectly, by a United States person at the time that--
"(I) such port, harbor, or marine terminal is nationalized or expropriated by an agency or official of a government of a foreign trade partner of the United States; or
"(II) actions were taken that have the effect of nationalization or expropriation of such port, harbor, or marine terminal by such an agency or official; and
"(iii) is not the subject of a currently pending arbitration under a free trade agreement with the United States.
"(2) Applicability.--Paragraph (1)(C) shall cease to apply with respect to a port, harbor, or marine terminal described in such paragraph if--
"(A) the President determines that--
"(i) the ownership, possession, or control of the port, harbor, or marine terminal described in such paragraph has been restored to the United States person described in clause (ii) of such paragraph; and
"(ii) the government of the foreign trade partner described in such clause has terminated any measures that had the effect of nationalizing or expropriating the port, harbor, or marine terminal;
"(B) the President determines that such government has provided adequate and effective compensation for such port, harbor, or marine terminal that is--
"(i) in convertible foreign exchange or in other compensation mutually acceptable by such United States person and such government; and
"(ii) equivalent to the full value of such port, harbor, or marine terminal, as required by international law; or
"(C) the President determines that the matter has otherwise been resolved to the satisfaction of the President.
"(3) Definition of united states person.--In this subsection, the term `United States person' means--
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
"(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.".
SEC. 6043. COUNTER-UAS AUTHORITY.
Section 210G of the Homeland Security Act of 2002 (6 U.S.C.
Text printed in the Record (6,473 characters)
124n) is amended--
(1) in subsection (a), by adding at the end the following:
"(3) Authority of the marshal of the united states supreme court.--Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, United States Code, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction, and after completing the training required under subsection (d)(4), the Marshal of the Supreme Court may take and may authorize personnel with assigned duties that include the security or protection of the Chief Justice or any Associate Justice of the Supreme Court to take such actions as are described in subsection (b)(1)(A) that are necessary to detect, identify, monitor, or track a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of the Chief Justice or any Associate Justice of the Supreme Court on the grounds of the Supreme Court, property leased for use by the Supreme Court, or at the residence of the Chief Justice or any Associate Justice.";
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking "The Secretary" and inserting:
"(A) In general.--The Secretary"; and
(ii) by adding at the end the following:
"(B) Marshal of the supreme court.--The Marshal of the Supreme Court shall develop for the Supreme Court Police the actions described in paragraph (1) in coordination with the Secretary of Transportation.";
(B) in paragraph (3), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court"; and
(C) in paragraph (4), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court";
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
"(1) In general.--
"(A) Agency guidance.--The Secretary, the Attorney General, and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of the Secretary, the Attorney General, or the Secretary of Transportation to carry out this section, including guidance relating to actions carried out by any State, local, Tribal, or territorial law enforcement or correctional agency under this section.
"(B) Supreme court.--The Marshal of the Supreme Court shall prescribe regulations and issue guidance, in coordination with the Secretary, the Attorney General, and the Secretary of Transportation, that are consistent with regulations prescribed and guidance issued by the Secretary, Attorney General, or Secretary of Transportation under subparagraph (A).";
(B) in paragraph (3)--
(i) in subparagraph (A), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court"; and
(ii) in subparagraph (B), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court"; and
(C) by adding at the end the following:
"(4) Marshal of the supreme court training and certification.--The Marshal of the Supreme Court and any personnel of the Marshal of the Supreme Court shall be subject to the same training and certification requirements relating to the detection, identification, monitoring, and tracking of unmanned aircraft as personnel of the Department of Homeland Security.";
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking "each Secretary, the Attorney General" and inserting "the Secretary, the Attorney General, the Secretary of Transportation, the Marshal of the Supreme Court";
(B) in paragraph (3)--
(i) by inserting "the Marshal of the Supreme Court," after "the Attorney General,"; and
(ii) by striking "determine" and inserting "determines";
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting a comma after "Security"; and
(II) by inserting "the Supreme Court Police," after "Justice,"; and
(ii) in subparagraph (C), by striking "and the Department of Justice" and inserting ", the Department of Justice, or the Supreme Court Police"; and
(D) in paragraph (5), by striking "and the Department of Justice" and inserting ", the Department of Justice, and the Supreme Court Police";
(5) in subsection (g)--
(A) in paragraph (1), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court";
(B) in paragraph (3)--
(i) by inserting "the Marshall of the Supreme Court," after "the Attorney General," each place the term appears; and
(ii) in subparagraph (E), by striking "or the Department of Homeland Security" and inserting ", the Department of Homeland Security, or the Supreme Court Police"; and
(C) in paragraph (5), by striking "and the Attorney General" and inserting ", the Attorney General, and the Marshal of the Supreme Court";
(6) in subsection (h)(1), by striking "or the Attorney General" and inserting ", the Attorney General, or the Marshal of the Supreme Court"; and
(7) in subsection (j), by adding at the end the following:
"(3) Marshal of the united states supreme court.--The authority of the Marshal of the Supreme Court to carry out actions with respect to subsection (a)(3) shall terminate on September 30, 2031.".
SEC. 6044. EXEMPTION FROM IMMIGRANT VISA LIMIT.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
"(F) Aliens who--
"(i) are eligible for a visa under paragraph (1) or (3) of section 203(a); and
"(ii) have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to--
"(I) section 405 of the Immigration Act of 1990 (Public Law 101-649; 8 U.S.C. 1440 note); or
"(II) title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199).".
SEC. 6045. COLLABORATION ON ADVERSARIAL THREATS AND AI
SECURITY RISKS.
(a) Definitions.--In this section:
(1) Antitrust laws; non-federal entity.--The terms "antitrust laws" and "non-Federal entity" have the meanings given those terms, respectively, in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
(2) Artificial intelligence.--The term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C.
Text printed in the Record (7,178 characters)
4001 note).
(3) Assistance.--The term "assistance" includes the provision of software, hardware, data, personnel, and other resources.
(4) Covered artificial intelligence security purpose.--The term "covered artificial intelligence security purpose" means the purpose of protecting against, identifying, evaluating, testing, analyzing, preventing, investigating, or mitigating a covered artificial intelligence security risk.
(5) Covered artificial intelligence security risk.--The term "covered artificial intelligence security risk" means the potential for artificial intelligence, including during development, training, testing, evaluation, deployment, use, or release, to do 1 or more of the following:
(A) Substantially facilitate the development or deployment of a chemical, biological, radiological, nuclear, or offensive cyber weapon.
(B) Cause a disruption to, degradation of, impairment of, or loss of operational control over critical infrastructure that is reasonably likely to result in a significant impact
on security, national economic security, national public health or safety, or any combination thereof.
(C) Substantially reduce the ability of a developer, deployer, owner, operator, user, evaluator, auditor, Federal department or agency, or other governmental authority to oversee, evaluate, monitor, control, contain, restrict access to, disable, or terminate such artificial intelligence, if the applicable person or governmental authority has authority or responsibility to do so, including through unauthorized, deceptive, evasive, or malicious activity involving such artificial intelligence.
(D) Autonomously improve, or substantially facilitate the autonomous improvement of the capabilities of artificial intelligence in a manner that creates a reasonable risk of a consequence described in subparagraph (A), (B), or (C).
(E) Be stolen, weaponized, trained, developed, or deployed by a covered nation (as defined in section 4872(f)(2) of title 10, United States Code) or an entity owned, controlled, or directed by a covered nation in a manner that poses a significant threat to the national security, including through covert, clandestine, undisclosed, or otherwise concealed development activities that attempt to evade detection or verification.
(F) Be vulnerable to unauthorized access that--
(i) creates a substantial risk of a consequence described in subparagraphs (A) through (D); or
(ii) is for the benefit of, at the direction of, or under the control of--
(I) a covered nation (as defined in section 4872(f)(2) of title 10, United States Code); or
(II) an entity owned, controlled, or directed by a covered nation.
(6) Exclusive purpose.--The term "exclusive purpose", with respect to the provision of information or assistance, means for the purpose of, with not more than an insubstantial part of the information or assistance being for other purposes.
(7) Unauthorized access.--The term "unauthorized access" with respect to artificial intelligence--
(A) means unauthorized access or use of artificial intelligence; and
(B) includes--
(i) extraction or copying of model weights, parameters, or other nonpublic model information;
(ii) systematic querying or automated extraction designed to distill, replicate, or reconstruct model capabilities; and
(iii) compromise affecting the integrity, reliability, or security of artificial intelligence, including through malicious code, a backdoor, manipulated data, or compromise of an artificial intelligence model, training dataset, or artificial intelligence component.
(b) Antitrust Exemption.--
(1) In general.--It shall not be considered a violation of any provision of the antitrust laws for--
(A) 2 or more non-Federal entities to provide or exchange information or assistance relating to a covered artificial intelligence security risk in good faith for the exclusive purpose of a covered artificial intelligence security purpose; or
(B) 2 or more non-Federal entities to provide or exchange information or assistance for the exclusive purpose of coordinating strategies to reduce covered artificial intelligence security risks via delaying or otherwise limiting the release, deployment, use, development, training, testing, or evaluation of artificial intelligence, provided that the non-Federal entities submit prior written notice of the proposed coordinated delay or limitation to the Attorney General, detailing the specific covered artificial intelligence security risk and the scope of the proposed restriction.
(2) Limitation.--Paragraph (1) shall not apply to a non-Federal entity receiving information or assistance unless the non-Federal entity uses such information or assistance for a covered artificial intelligence security purpose and has implemented reasonable internal controls to limit the extent to which such information or assistance can be used for other purposes.
(3) Affirmative defense.--In any action or proceeding brought under the antitrust laws, the exemption provided under paragraph (1) shall constitute an affirmative defense, and any non-Federal entity claiming the exemption shall bear the burden of proving by a preponderance of the evidence that the entity's actions were taken in good faith and for the exclusive purpose described in paragraph (1).
(4) Rule of construction.--Paragraph (1)(A) shall not be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information.
(5) Exemption from disclosure.--Any information submitted to the Attorney General pursuant to paragraph (1)(B), including any written notice submitted under that subsection and any information derived from such submission that would reveal the substance of such submission, shall be--
(A) used solely for the purpose of subsection (c);
(B) deemed voluntarily shared information and exempt from disclosure under section 552 of title 5, United States Code; and
(C) withheld, without discretion, from the public under section 552(b)(3) of title 5, United States Code.
(c) Injunctive Relief.--
(1) In general.--The Attorney General may seek, in a court of competent jurisdiction, an injunction against the initiation or continuation of the provision or exchange of information or assistance by non-Federal entities described in section 3 that violates the antitrust laws if the Attorney General determines that the non-Federal entities are not acting in good faith or are otherwise unreasonably engaging in anticompetitive acts.
(2) Rules of construction.--Nothing in this section shall be construed to--
(A) create any immunity or exemption from the antitrust laws if the Attorney General determines that the non-Federal entities are not acting in good faith or are otherwise unreasonably engaging in anticompetitive acts; or
(B) to limit any private right of action for any violation of the antitrust laws that is not exempt under subsection (b).
SEC. 6046. NATIONAL QUANTUM INITIATIVE.
(a) Department of Energy Quantum Information Science Research Program.--Section 401 of the National Quantum Initiative Act (15 U.S.C.
Text printed in the Record (11,933 characters)
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--
"(1) ensure all activities are consistent with the limitations established under section 6340 of title 10, United States Code; and
"(2) to the maximum extent practicable, coordinate with the Director of the National Science Foundation, the Director of the National Institute of Standards and Technology, the Administrator of the National Aeronautics and Space Administration, the Director of the Defense Advanced Research Projects Agency, and the heads of other relevant Federal departments and agencies to ensure that programs and activities carried out under this section complement and do not duplicate existing efforts across the Federal government.".
(b) Department of Energy Quantum Verification and Validation Program.--The National Quantum Initiative Act is amended by inserting after section 401 (15 U.S.C. 8851) the following:
"SEC. 401A. DEPARTMENT OF ENERGY QUANTUM VERIFICATION AND
VALIDATION PROGRAM.
"(a) In General.--The Secretary of Energy shall establish a verification and validation program--
"(1) to maintain United States leadership in quantum information science, engineering, and technology;
"(2) to provide resources for the broader scientific community; and
"(3) to support activities carried out under sections 401, 402, 403, and 404.
"(b) Program Components.--In carrying out the program under subsection (a), the Secretary of Energy shall--
"(1) acquire, deploy, and maintain specialized equipment, laboratory infrastructure, and state-of-the-art instrumentation necessary to support quantum verification and validation activities and the broader objectives of the program;
"(2) leverage the capabilities of National Laboratories, Nanoscale Science Research Centers, and other partners of the Department of Energy, including facilities and experts that research and develop novel quantum materials and devices; and
"(3) consider the technologies and end-use applications that have significant economic potential, as determined by the Secretary, based on consultation with relevant stakeholders in academia and industry, including the Quantum Economic Development Consortium.
"(c) Quantum Verification and Validation.--In carrying out the program under subsection (a), the Secretary of Energy shall support the development and deployment of capabilities to test, characterize, verify, and validate quantum information science, engineering, and technology systems, including--
"(1) measurement and characterization of quantum devices, components, and materials at the qubit level;
"(2) verification and validation of quantum hardware, software, and integrated systems;
"(3) benchmarking and characterization of system performance, scalability, reliability, and error modalities across a diversity of quantum computing, sensing, networking, and communications platforms; and
"(4) development of testing protocols, standards, metrology, and evaluation methodologies to support research, development, demonstration, and commercialization activities.
"(d) Consultation.--In carrying out the program under subsection (a), the Secretary of Energy shall consult with the following entities to identify the instrumentation, equipment, infrastructure, and materials needed to support the objectives of that program:
"(1) The National Institute of Standards and Technology.
"(2) The National Science Foundation.
"(3) The National Aeronautics and Space Administration.
"(4) Any other relevant Federal agency.
"(5) The National Laboratories.
"(6) National Quantum Information Science Research Centers.
"(7) Industry stakeholders.
"(8) Institutions of higher education.
"(9) Any other research institution.".
(c) National Quantum Information Science Research Centers.--Section 402 of the National Quantum Initiative Act (15 U.S.C.
Text printed in the Record (11,111 characters)
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"; and
(II) by striking "National Laboratories in the Energy Sciences Network User Facility;" and inserting "National Laboratories, such as the Energy Sciences Network User Facility, subject to the condition that such activities are conducted on a noninterference basis with National Nuclear Security Administration missions for National Laboratories supporting such missions; and"; and
(vi) by adding at the end the following:
"(I) development of quantum network and entanglement distribution protocols or applications, including development of network stack protocols and protocols enabling integration with existing technologies or infrastructure;";
(C) in paragraph (4)--
(i) by striking "basic"; and
(ii) by striking "material" and inserting "materials"; and
(D) in paragraph (5), by striking "fundamental"; and
(3) in subsection (d), by striking "basic research" and inserting "research, development, and demonstration".
(e) Department of Energy Quantum User Expansion for Science and Technology Program.--Section 404 of the National Quantum Initiative Act (15 U.S.C. 8854) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking "and quantum computing clouds" and inserting ", software, and cloud-based quantum computing";
(B) in paragraph (3), by striking "and" at the end;
(C) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
"(5) to enable development of software and applications, including estimation of resources needed to scale applications; and
"(6) to develop near-term quantum applications to solve public and private sector problems.";
(2) in subsection (b)--
(A) in paragraph (4), by striking "and" at the end;
(B) in paragraph (5), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
"(6) enable users to develop algorithms, software tools, simulators, and applications for quantum systems using cloud-based quantum computers; and
"(7) partner with appropriate public- and private-sector entities to develop training and education opportunities on prototype and early-stage devices to support commercial applications."; and
(3) in subsection (c)--
(A) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following:
"(4) the National Oceanic and Atmospheric Administration;".
(f) Research Security.--
(1) Definitions.--In this subsection:
(A) Covered sections.--The term "covered sections" means--
(i) sections 401, 402, 403, and 404 of the National Quantum Initiative Act (15 U.S.C. 8851, 8852, 8853, and 8854) (as amended by this Act); and
(ii) section 401A of the National Quantum Initiative Act (as added by section 3).
(B) Foreign country of concern.--The term "foreign country of concern" means--
(i) a covered nation (as defined in section 4872(d) of title 10, United States Code); and
(ii) any other country that the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States.
(C) Foreign institution of concern.--The term "foreign institution of concern" means a foreign institution that--
(i) is designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));
(ii) is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;
(iii) is owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 4872(d) of title 10, United States Code);
(iv) is alleged by the Attorney General to have been involved in activities for which a conviction was obtained under--
(I) chapter 37 of title 18, United States Code (commonly known as the "Espionage Act");
(II) section 951 or 1030 of title 18, United States Code;
(III) chapter 90 of title 18, United States Code (commonly known as the "Economic Espionage Act of 1996");
(IV) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(V) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, 2284);
(VI) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or
(VII) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
(v) is determined by the Secretary of Energy, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.
(2) Research security.--The Secretary of Energy shall carry out the covered sections in coordination with the research security requirements and authorities established under section 10114 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 18912) and any other research security authorities available to the Secretary of Energy.
(3) Confucius institutes.--None of the funds made available to carry out the covered sections may be obligated to or expended by an institution of higher education that maintains a contract or other agreement with a Confucius Institute or any successor of a Confucius Institute.
(4) Restrictions on collaboration with foreign countries and institutions of concern.--None of the funds made available to carry out the covered sections may be obligated or expended to promote, establish, or finance quantum research activities between a United States institution and a foreign country of concern or foreign institution of concern.
SEC. 6047. IMPROVE INITIATIVE.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following:
"SEC. 409K. IMPROVE INITIATIVE.
"(a) In General.--The Director of NIH shall carry out a program of research to improve health outcomes, to be known as the Implementing a Maternal health and PRegnancy Outcomes Vision for Everyone Initiative (referred to in this section as the `Initiative').
"(b) Objectives.--The Initiative shall--
"(1) advance research to--
"(A) reduce preventable causes of maternal mortality and severe maternal morbidity;
"(B) reduce health disparities related to maternal health outcomes, including such disparities associated with medically underserved populations; and
"(C) improve health for pregnant and postpartum women before, during, and after pregnancy;
"(2) use an integrated approach to understand the factors, including biological, behavioral, and other factors, that affect maternal mortality and severe maternal morbidity by building an evidence base for improved outcomes in specific regions of the United States; and
"(3) target health disparities associated with maternal mortality and severe maternal morbidity by--
"(A) implementing and evaluating community-based interventions for disproportionately affected women; and
"(B) identifying risk factors and the underlying biological mechanisms associated with leading causes of maternal mortality and severe maternal morbidity in the United States.
"(c) Sunset.--This section shall cease to have any force or effect on the date that is 5 years after the date of enactment of this section.".
SEC. 6048. STOP FOREIGN SPYWARE ACT.
(a) Short Title.--This section may be cited as the "Stop Foreign Spyware Act".
(b) Amendments.--Section 1030 of title 18, United States Code, is amended--
(1) by striking "(g) Any" and inserting the following:
"(g)(1) In general.--Any"; and
(2) by inserting after subsection (g)(1), as so redesignated by paragraph (1), the following:
"(2) Foreign Persons Using Spyware.--
"(A) Definitions.--In this paragraph:
"(i) Commercial spyware.--The term `commercial spyware' means spyware that is furnished for commercial purposes.
"(ii) Foreign person.--The term `foreign person' means a non-United States person (as defined in section 2523) located outside the United States; and
"(iii) Spyware.--The term `spyware' has the meaning given that term in section 1102A(a)(5) of the National Security Act of 1947 (50 U.S.C.
Text printed in the Record (11,543 characters)
3232a(a)(5)), including the end-to-end systems described in subparagraphs (A) through (D) of that section.
"(B) Venue.--A civil action described in paragraph (1) against a foreign person and in which the alleged violations occurred via the use of commercial spyware, may be instituted in the district court of the United States for any district where--
"(i) any plaintiff resides;
"(ii) any defendant resides, is subject to service, or has an agent; or
"(iii) a person or entity resides, has its principal place of business, or has its place of incorporation (as applicable), if the access or use of such person or entity's hardware, software, servers, or services gave rise to the alleged violation of this section.
"(C) Convenience of the forum.--The district court shall not dismiss a civil action described in subparagraph (B) on the grounds of the inconvenience or inappropriateness of the forum chosen.
"(D) Consent to personal jurisdiction.--For a civil action described in subparagraph (B), a foreign person defendant shall be deemed to have consented to personal jurisdiction in such civil action if the defendant--
"(i) carried out, enabled, or directed the use of commercial spyware that accesses or uses any person or entity's hardware, software, servers, or services, where such person or entity resides, has its principal place of business, or has its place of incorporation (as applicable), or such hardware, software, servers, or services are located, in the United States; or
"(ii) developed, furnished, sold, licensed, approved the sale or license of, or has an ownership stake in, commercial spyware that accesses or uses any person or entity's hardware, software, servers, or services, where such person or entity resides, has its principal place of business, or has its place of incorporation (as applicable), or such hardware, software, servers, or services are located, in the United States .
"(E) Rule of construction.--This paragraph shall be liberally construed to carry out the purpose of Congress to provide relief for persons targeted by foreign commercial spyware, consistent with the United States' national security and foreign policy interests in countering the counterintelligence threats posed by foreign commercial spyware.".
(c) Applicability.--This section, and the amendments made by this section, shall apply to any pending case or any cause of action arising on or after the date that is 4 years before the date of enactment of this Act.
SEC. 6049. REAUTHORIZATION OF TROPICAL FOREST AND CORAL REEF
CONSERVATION ACT OF 1998.
Section 806(d) of the Tropical Forest and Coral Reef Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the following new paragraphs:
"(14) $20,000,000 for fiscal year 2028.
"(15) $20,000,000 for fiscal year 2029.
"(16) $20,000,000 for fiscal year 2030.
"(17) $20,000,000 for fiscal year 2031.
"(18) $20,000,000 for fiscal year 2032.".
SEC. 6050. DELAWARE RIVER BASIN CONSERVATION REAUTHORIZATION.
(a) Findings.--Section 3501(2) of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1771) is amended by inserting "Maryland," after "Delaware,".
(b) Definitions of Basin and Basin State.--Section 3502 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1773) is amended--
(1) in paragraph (1)--
(A) by striking "4-State" and inserting "5-State"; and
(B) by inserting "Maryland," after "Delaware,"; and
(2) in paragraph (2), by inserting "Maryland," after "Delaware,".
(c) Priority.--Section 3504 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1774) is amended by adding at the end the following:
"(d) Priority.--In selecting a project to be funded under the grant program, the Secretary may give priority to a project that serves a small, rural, or disadvantaged community.".
(d) Sunset.--Section 3507 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322; 130 Stat. 1775) is amended by striking "2023" and inserting "2033".
SEC. 6051. MAPPING AMERICA'S PHARMACEUTICAL SUPPLY.
(a) Short Title.--This section may be cited as the or the This section may be cited as the "Mapping America's Pharmaceutical Supply Act" or the "MAPS Act"..
(b) U.S. Pharmaceutical Supply Chains Mapping.--
(1) Pharmaceutical supply chain mapping.--The Secretary, in coordination with the heads of other relevant Federal departments and agencies, shall ensure coordination of efforts of the Department of Health and Human Services, including through public-private partnerships, as appropriate, to--
(A) map, or otherwise visualize, the supply chains, from manufacturing of key starting materials through manufacturing of finished dosage forms and distribution, of drugs and biological products, including the active ingredients of those drugs and biological products, that are--
(i) directly related to responding to chemical, biological, radiological, or nuclear threats and incidents covered by the National Response Framework; or
(ii) of greatest priority for providing health care and identified as being at high risk of shortage; and
(B) use data analytics to identify supply chain vulnerabilities that pose a threat to national security, as determined by the Secretary or the heads of other relevant Federal departments and agencies.
(2) Requirements.--In carrying out paragraph (1), the Secretary shall--
(A) describe the roles and responsibilities of agencies and offices within the Department of Health and Human Services related to monitoring such supply chains and assessing any related vulnerabilities;
(B) facilitate the exchange of information between Federal departments, agencies, and offices, as appropriate and necessary to enable such agencies and offices to carry out roles and responsibilities described in subparagraph (A) related to drugs and biological products described in paragraph (1)(A), which may include--
(i) the location of establishments registered under subsection (b), (c), or (i) of section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) involved in the production of drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A), and to the extent available, the amount of each such drug and biological product, including the active ingredients of those drugs and biological products, produced at each such establishment;
(ii) to the extent available and as appropriate, the location of establishments so registered involved in the production of the key starting materials and excipients needed to produce each drug and biological product, including the active ingredients of those drugs and biological products, and the amount of such materials and excipients produced at each such establishment; and
(iii) any applicable regulatory actions with respect to each such drug and biological product, or the establishments manufacturing such drugs and biological products, including with respect to--
(I) inspections and related regulatory activities conducted under section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374);
(II) seizures pursuant to section 304 of such Act (21 U.S.C. 334);
(III) any recalls issued;
(IV) drugs or biological products that are, at the time of the determination, or that were at a previous time, included on the drug shortage list consistent with section 506E of such Act (21 U.S.C. 356e); and
(V) discontinuances or interruptions in the production of such drugs or biological products under 506C of such Act (21 U.S.C. 355d).
(3) Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary, in consultation with the heads of departments and agencies with which the Secretary coordinates under paragraph (1), shall submit a report to the relevant committees of Congress on--
(A) the current status of efforts to map and analyze pharmaceutical supply chains, as described in paragraph (1);
(B) activities of the Secretary carried out under this subsection to coordinate efforts as described in paragraph (1), including information sharing between relevant Federal departments, agencies, and offices;
(C) the roles and responsibilities described in paragraph (2)(A), including the identification of any gaps, data limitations, or areas of unnecessary duplication between such roles and responsibilities;
(D) the extent to which Federal agencies use data analytics to conduct predictive modeling of anticipated drug shortages or risks associated with supply chain vulnerabilities that pose a threat to national security;
(E) the extent to which the Secretary has engaged relevant industry in such mapping;
(F) the drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A) that rely on, for more than 50 percent of production, a high-risk foreign supplier or foreign entity of concern (as defined in section 9901(8) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8)));
(G) the drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A) that are sourced from foreign establishments for more than 50 percent of production, including drugs manufactured domestically from active pharmaceutical ingredients sourced from foreign establishments for more than 50 percent of production;
(H) the current domestic manufacturing capabilities for drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A), including the key starting materials and excipients of such drugs, biological products, and ingredients, and whether such capabilities utilize advanced manufacturing technologies; and
(I) any public health or national security risks, including cybersecurity threats and critical infrastructure designations, with respect to the supply chains of drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A).
(c) Department of Defense Biannual Reports.--Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the relevant committees of
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.
Text printed in the Record (10,799 characters)
321(g)).
(5) Relevant committees of congress.--The term "relevant committees of Congress" means--
(A) the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate; and
(B) the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives.
(6) Secretary.--The term "Secretary", except as otherwise specified, means the Secretary of Health and Human Services.
(e) Additional Provisions.--
(1) Confidential commercial information.--The exchange of information among the Secretary and the heads of other relevant Federal departments and agencies for purposes of carrying out subsection (b) shall not be a violation of section 1905 of title 18, United States Code. This section shall not be construed to affect the status, if any, of such information as trade secret or confidential commercial information for purposes of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)), section 552 of title 5, United States Code, or section 1905 of title 18, United States Code.
(2) Cybersecurity measures.--The Secretary shall ensure that robust cybersecurity measures are in place to prevent inappropriate access to, or unauthorized disclosure of, the information identified, exchanged, or disclosed under subsection (b).
SEC. 6052. SENTENCING ENHANCEMENTS FOR CERTAIN CRIMINAL
OFFENSES DIRECTED BY OR COORDINATED WITH
FOREIGN GOVERNMENTS.
(a) Kidnapping.--Section 1201 of title 18, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following:
"(h) Sentence Enhancements for Offenses Directed by or Coordinated With Foreign Governments.--
"(1) In general.--The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(2) Conspiracy.--The sentence of a person convicted of conspiring to commit a violation of subsection (a) as part of a conspiracy under the elements specified in subsection (c) may be increased by up to 10 years if--
"(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and
"(B) the person convicted of conspiring to commit a violation of subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.
"(3) Attempt.--The sentence of a person convicted of an attempt to violate subsection (a) may be increased by up to 5 years if such attempt was knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(4) Definition.--In this subsection, the term `agent of a foreign government' means any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of--
"(A) a foreign government or any component thereof, including an official or employee of a foreign government; or
"(B) a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign government or any component thereof, including an official or employee of a foreign government."; and
(3) in subsection (i), as so designated, by inserting "Definition.--" before "As used in this section".
(b) Use of Interstate Commerce Facilities in the Commission of Murder-for-hire.--
(1) In general.--Section 1958 of title 18, United States Code, is amended--
(A) by redesignating subsection (b) as subsection (c);
(B) by inserting after subsection (a) the following:
"(b) Sentence Enhancements for Offenses Directed by or Coordinated With Foreign Governments.--The sentence of a person convicted of an offense under subsection (a)--
"(1) may be increased by up to 5 years, if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and
"(2) may be increased by up to 10 years--
"(A) if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and
"(B) personal injury results."; and
(C) in subsection (c), as so redesignated--
(i) by inserting "Definitions.--" before "As used in this section";
(ii) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and
(iii) by inserting before paragraph (2), as so redesignated, the following:
"(1) the term `agent of a foreign power' has the meaning given that term in section 1201(h);".
(2) Technical and conforming amendments.--
(A) Section 2332b(g)(2) of title 18, United States Code, is amended by striking "section 1958(b)(2)" and inserting "section 1958".
(B) Section 1010A(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960a(d)) is amended by striking "section 1958(b)(1)" and inserting "section 1958".
(c) Influencing, Impeding, or Retaliating Against a Federal Official by Threatening or Injuring a Family Member.--Section 115(b) of title 18, United States Code, is amended by adding at the end the following:
"(5) The sentence of a person convicted of an offense under subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government (as defined in section 1201(h))--
"(A) may be increased by up to 5 years if the offense committed was an assault involving physical contact with the victim of that assault or the intent to commit another felony;
"(B) may be increased by up to 10 years if--
"(i) the offense committed was an assault resulting in bodily injury (including serious bodily injury (as that term is defined in section 1365 of this title));
"(ii) the offense involved any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title; or
"(iii) a dangerous weapon was used during and in relation to the offense; and
"(C) may be increased by up to 10 years if the offense committed was a murder, attempted murder, or conspiracy to murder.".
(d) Stalking.--Section 2261A of title 18, United States Code, is amended--
(1) by striking "Whoever--" and inserting "(a) In General.--Except as provided in subsection (b), whoever--"; and
(2) by adding at the end the following:
"(b) Enhanced Penalties for Offenses Involving Foreign Governments.--The sentence of a person convicted of an offense under paragraph (1) or (2) of subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government (as defined in section 1201(h))--
"(1) may be increased by up to 5 years if--
"(A) serious bodily injury (including permanent disfigurement or life threatening bodily injury) to the victim results;
"(B) the offender uses a dangerous weapon during the offense; or
"(C) the victim of the offense is under the age of 18 years;
"(2) may be increased by up to 10 years if death of the victim results; and
"(3) may be increased by up to 30 months in any other case.".
(e) Protection of Officers and Employees of the United States.--Section 1114 of title 18, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
"(b) Sentence Enhancements for Offenses Directed by or Coordinated With Foreign Governments.--The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government (as defined in section 1201(h)).".
(f) Presidential and Presidential Staff Assassination, Kidnapping, and Assault.--Section 1751 of title 18, United States Code, is amended--
(1) by redesignating subsections (f) through (k) as subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
"(f)(1) The sentence of a person convicted of an offense under subsection (a), (b), or (c) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(2) The sentence of a person convicted of conspiring to kill or kidnap any individual designated in subsection (a) as part of a conspiracy under the elements specified in subsection (d) may be increased by up to 10 years if--
"(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and
"(B) the person convicted of conspiring to kill or kidnap an individual designated in subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.
"(3) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if--
"(A) the victim was any person designated in subsection (a)(1); and
"(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(4) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if--
"(A) the victim was any person designated in subsection (a)(2); and
"(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(5) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if--
"(A)(i) the offense involved the use of a dangerous weapon; or
"(ii) personal injury resulted; and
"(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(6) In this subsection, the term `agent of a foreign power' has the meaning given that term in section 1201(h).".
SEC. 6053. PURCHASES OF SEMICONDUCTOR MANUFACTURING
EQUIPMENT.
(a) Short Title.--This section may be cited as the "Chip Equipment Quality, Usefulness, and Integrity Protection Act of 2026" or the "Chip EQUIP Act".
(b) Definitions.--Section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
Text printed in the Record (11,910 characters)
4651) is amended by adding at the end the following:
"(14) The term `completed, fully assembled', with respect to semiconductor manufacturing equipment, means the state in which all (or substantially all) necessary parts, chambers, subsystems, and subcomponents have been put together, resulting in such equipment that is--
"(A) ready-to-use or ready-to-install; and
"(B) ready to be purchased directly from an entity.
"(15) The term `ineligible semiconductor manufacturing equipment'--
"(A) means completed, fully assembled equipment that is manufactured, assembled, or refurbished by a foreign entity of concern, or a subsidiary or affiliate thereof, and designed for use in the fabrication, assembly, testing, advanced packaging, production, or research and development of semiconductors;
"(B) includes--
"(i) deposition equipment;
"(ii) etching equipment;
"(iii) lithography equipment;
"(iv) inspection, measuring, and test equipment;
"(v) wafer slicing equipment;
"(vi) wafer dicing equipment;
"(vii) wire bonders;
"(viii) ion implantation equipment;
"(ix) chemical mechanical polishing;
"(x) diffusion or oxidation furnaces;
"(xi) thermal processing equipment; and
"(xii) automated material handling systems; and
"(C) does not include any part, chamber, subsystem, or subcomponent that enables or is incorporated into such equipment.".
(c) Ineligible Use of Funds.--Section 9909 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4659) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection:
"(f) Ineligible Use of Funds.--
"(1) In general.--Subject to paragraphs (2) and (3), the Secretary shall include in the terms of each agreement with a covered entity for the award of Federal financial assistance under section 9902, or with the recipient of an award made under section 9906, prohibitions with respect to a project relating to the procurement, installation, or use of ineligible semiconductor manufacturing equipment, to be effective for 10 years beginning on the date on which the agreement is signed.
"(2) Waiver.--The Secretary may waive the prohibitions referred to in paragraph (1) if--
"(A) the ineligible semiconductor manufacturing equipment to be purchased by the applicable covered entity is not produced in the United States or an allied or partner country in sufficient and reasonably available quantities or of a satisfactory quality to support established or expected production capabilities;
"(B) the ineligible semiconductor manufacturing equipment at issue was manufactured and assembled by an entity that is not a foreign entity of concern, or a subsidiary or affiliate thereof, and was refurbished by a foreign entity of concern, or a subsidiary or affiliate thereof; or
"(C)(i) the use of the ineligible semiconductor manufacturing equipment complies with the requirements set forth in the Export Administration Regulations (as such term is defined in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801)); and
"(ii) the Secretary, in consultation with the Director of National Intelligence or the Secretary of Defense, determines such waiver is in the national security interest of the United States.
"(3) Prior agreements.--
"(A) In general.--The prohibitions referred to in paragraph (1) shall not apply to any ineligible semiconductor manufacturing equipment that--
"(i) has been installed by the applicable covered entity prior to the date of enactment of the Chip EQUIP Act; or
"(ii) is allowed to be procured, installed, or used by the applicable covered entity under the terms of an agreement that was entered into before the date of enactment of the Chip EQUIP Act between the Secretary and the covered entity.
"(B) Limitation.--Nothing in clause (ii) of subparagraph (A) shall be construed to authorize the procurement, installation, or use of ineligible semiconductor manufacturing equipment that is not allowed under the terms of an agreement entered into prior to the date of enactment of the Chip EQUIP Act.
"(4) Foreign entities of concern.--Nothing in this subsection may be construed to waive the application of section 9907.".
SEC. 6054. AUTHORIZATION OF CERTAIN PUBLIC LIBRARIES TO
COLLECT AND RETAIN FEES FOR ACCEPTANCE AND
EXECUTION OF PASSPORT APPLICATIONS.
(a) In General.--Subsection (a) of the Passport Act of June 4, 1920 (22 U.S.C. 214(a)), is amended by adding at the end the following:
"(4) The Secretary of State may authorize a public library that is organized as a nongovernmental organization, a nonprofit, charitable organization, or a trust to serve as a passport acceptance facility and to collect and retain the execution fee for a passport accepted by such public library if such library is in compliance with regulations prescribed by the Secretary of State for the acceptance and execution of passport applications.".
(b) Authorization of Public Libraries Which Previously Served as Passport Acceptance Facilities.--
(1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall authorize any public library to serve as a passport acceptance facility and to collect and retain an execution fee for a passport accepted by such library, if, before the date of the enactment of this Act, such public library--
(A) served as a passport acceptance facility; and
(B) was in compliance with the regulations prescribed by the Secretary of State for the acceptance and execution of passport applications.
(2) Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the relevant congressional committees a report that includes--
(A) documentation of the Secretary's compliance with the requirements described in paragraph (1); or
(B) if the Secretary is not in compliance with such requirements, an explanation for such noncompliance.
(c) Conforming Amendment.--Subsection (a)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(a)(1)), is amended--
(1) by striking "State officials or the United States Postal Service" and inserting "a State, a local government, the United States Postal Service, or a public library that meets the requirements described in paragraph (4)"; and
(2) by striking "by such officials or by that Service." and inserting "by such State, local government, Postal Service, or public library.".
SEC. 6055. BENEFIT CALCULATION FOR CERTAIN AUTO AND DEFENSE
PENSIONS.
(a) Guaranteed Benefit Calculation for Certain Plans.--
(1) In general.--
(A) Increase to full vested plan benefit.--
(i) In general.--For purposes of determining what benefits are guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322) with respect to an eligible participant or beneficiary under a covered plan specified in subparagraph (D) in connection with the termination of such plan, the amount of monthly benefits shall be equal to the full vested plan benefit with respect to the participant.
(ii) No effect on previous determinations.--Nothing in this Act shall be construed to change the allocation of assets and recoveries under sections 4044(a) and 4022(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1344(a); 1322(c)) as previously determined by the Pension Benefit Guaranty Corporation (referred to in this section as the "corporation") for the covered plans specified in subparagraph (D), and the corporation's applicable rules, practices, and policies on benefits payable in terminated single-employer plans shall, except as otherwise provided in this section, continue to apply with respect to such covered plans.
(B) Recalculation of certain benefits.--
(i) In general.--In any case in which the amount of monthly benefits with respect to
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.
Text printed in the Record (11,990 characters)
1322) with respect to an eligible participant or beneficiary without regard to this section.
(D) Covered plans.--The covered plans specified in this subparagraph are the following:
(i) The Delphi Hourly-Rate Employees Pension Plan.
(ii) The Delphi Retirement Program for Salaried Employees.
(iii) The PHI Non-Bargaining Retirement Plan.
(iv) The ASEC Manufacturing Retirement Program.
(v) The PHI Bargaining Retirement Plan.
(vi) The Delphi Mechatronic Systems Retirement Program.
(E) Treatment of pbgc determinations.--Any determination made by the corporation under this section concerning a recalculation of benefits or lump-sum payment of past-due benefits shall be subject to administrative review by the corporation. Any new determination made by the corporation under this section shall be governed by the same administrative review process as any other benefit determination by the corporation.
(2) Trust fund for payment of increased benefits.--
(A) Establishment.--There is established in the Treasury a trust fund to be known as the "Delphi Full Vested Plan Benefit Trust Fund" (referred to in this subsection as the "Fund"), consisting of such amounts as may be appropriated or credited to the Fund as provided in this section.
(B) Funding.--There is appropriated, out of amounts in the Treasury not otherwise appropriated, such amounts as are necessary for the costs of payments of the portions of monthly benefits guaranteed to participants and beneficiaries pursuant to paragraph (1) and for necessary administrative and operating expenses of the corporation relating to such payments. The Fund shall be credited with amounts from time to time as the Secretary of the Treasury, in coordination with the Director of the corporation, determines appropriate, out of amounts in the Treasury not otherwise appropriated.
(C) Expenditures from fund.--Amounts in the Fund shall be available for the payment of the portion of monthly benefits guaranteed to a participant or beneficiary pursuant to paragraph (1) and for necessary administrative and operating expenses of the corporation relating to such payment.
(3) Regulations.--The corporation, in consultation with the Secretary of the Treasury and the Secretary of Labor, may issue such regulations as necessary to carry out this section.
(b) Pension Payment Acceleration.--Notwithstanding section 4007(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1307(a)) and section 4007.11 of title 29, Code of Federal Regulations (or any successor regulation)--
(1) for plan years commencing after December 31, 2034, and before January 1, 2036, the premium due date for such plan years shall be the fifteenth day of the ninth calendar month that begins on or after the first day of the premium payment year; and
(2) for plan years commencing after December 31, 2035, and before January 1, 2037, the premium due date for such plan years shall be the fifteenth day of the ninth calendar month that begins on or after the first day of the premium payment year.
SEC. 6056. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950.
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 4564(a)) is amended by striking "September 30, 2026" and inserting "December 31, 2026".
SEC. 6057. JUVENILE JUSTICE AND DELINQUENCY PREVENTION
REAUTHORIZATION ACT OF 2026.
(a) Short Title.--This section may be cited as the "Juvenile Justice Delinquency Prevention Reauthorization Act of 2026".
(b) Definitions.--Section 103(22) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is amended by inserting ", including any prison," after "secure facility".
(c) State Plans.--Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by striking the matter preceding subparagraph (A) and inserting the following:
"(3) provide satisfactory evidence that the State agency has established and maintained, or is working toward establishing and maintaining, an advisory group that--"; and
(ii) in subparagraph (A)(iv), by striking "at the time of the initial appointment";
(B) in paragraph (9)--
(i) in the matter preceding subparagraph (A)--
(I) by striking "not less than 75 percent of";
(II) by striking "shall be used for" and inserting "shall be used in accordance with the plan"; and
(III) by striking "promising programs--" and inserting "promising programs, which may include programs for--"
(ii) in subparagraph (F)--
(I) in the matter preceding clause (i), by striking "expand the use of probation officers" and inserting "improve probation departments"; and
(II) in clause (i), by striking "non-violent juvenile offenders (including status offenders)" and inserting "youth";
(iii) in subparagraph (M)--
(I) in clause (i), by inserting "restorative practices," before "expanded use of probation"; and
(II) in clause (ii), by inserting ", including determining the appropriateness of programs intended to divert youth from the justice system at the earliest point possible" before the semicolon at the end;
(iv) in subparagraph (V), by striking "and" at the end; and
(v) by adding at the end the following:
"(X) programs to address racial and ethnic disparities;
"(Y) programs and projects to collect data on the socioeconomic status of youth in the juvenile justice system;
"(Z) programs intended to help divert youth from the justice system before or after arrest; and
"(AA) programs in support of the initiatives described in paragraphs (11) through (13) and (16);";
(C) in paragraph (11)--
(i) in subparagraph (A)--
(I) in clause (i)(II), by striking "paragraph (23)" and inserting "paragraph (11)(B)"; and
(II) in clause (ii)(II)(bb), by striking "and" at the end; and
(ii) by striking paragraph (11)(B) and inserting the following:
"(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
Text printed in the Record (10,967 characters)
facilities";
(ii) by striking ", except that such reporting requirements" and all that follows; and
(iii) by adding a semicolon at the end;
(I) in paragraph (16), as so redesignated, in the matter preceding subparagraph (A), by inserting "that are culturally and linguistically competent" before "at the State, territorial, local, and tribal levels";
(J) in paragraph (17), as so redesignated, by striking "gender, race, ethnicity, family income, and disability" and inserting "gender, race, ethnicity, religion, family income, disability, national origin, and sexual orientation";
(K) by striking paragraph (24);
(L) by redesignating paragraphs (25) through (33) as paragraphs (24) through (32), respectively;
(M) in paragraph (28), as so redesignated--
(i) by inserting "ongoing supervision," before "and training in effect"; and
(ii) by striking "management techniques" and inserting "management techniques and trauma-informed approaches to investigating allegations of sexual and physical abuse"; and
(N) in paragraph (32)(A), as so redesignated, by striking "upon intake" and inserting "upon intake and at quarterly intervals or as necessary"; and
(2) in subsection (d)--
(A) by striking "In the event that any State" and inserting the following:
"(1) In general.--In the event that any State";
(B) in paragraph (1), as so designated, by striking "802, 803, and 804 of title I of the Omnibus Crime Control and Safe Streets Act of 1968" and inserting "802 and 803 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10222, 10223)"; and
(C) by adding at the end the following:
"(2) Local public and private nonprofit agencies.--Local public and private nonprofit agencies within a State shall be eligible to receive funds under paragraph (1)--
"(A) only upon a showing by the State agency designated under subsection (a)(1) of exigent circumstances; and
"(B) in no case for more than 2 consecutive years.".
(d) Conforming Amendments.--
(1) Definitions.--Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is amended--
(A) in paragraph (30), by striking "and (15)" and inserting "and (16)"; and
(B) in paragraph (39), by striking "(a)(15)" and inserting "(a)(16)".
(2) Concentration of federal efforts.--Section 204(b)(7) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11114(b)(7)) is amended by striking "(a)(14)" and inserting "(a)(15)".
(e) Authorization of Appropriations.--Section 601 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11321) is amended by striking "fiscal years 2019 through 2023" and inserting "fiscal years 2026 through 2030".
SEC. 6058. SENSE OF CONGRESS RELATING TO THE CORPS OF
ENGINEERS.
It is the sense of Congress that--
(1) the Corps of Engineers provides critical support to communities across the nation through the Civil Works mission of the agency; and
(2) enactment of biennial water resources development legislation is necessary to ensure the timely authorization of water resources development studies and projects carried out by the Corps of Engineers.
SEC. 6059. AIR TRAFFIC-COLLEGIATE TRAINING INITIATIVE PROGRAM
IMPROVEMENTS.
(a) Definitions.--In this section:
(1) Administrator.--The term "Administrator" means the Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term "appropriate committees of Congress" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(3) Comptroller general.--The term "Comptroller General" means the Comptroller General of the United States.
(4) FAA.--The term "FAA" means the Federal Aviation Administration.
(b) Air Traffic-Collegiate Training Initiative Program Improvements.--
(1) In general.--Section 44506(c) of title 49, United States Code, is amended to read as follows:
"(c) Air Traffic-Collegiate Training Initiative and Enhanced Air Traffic-Collegiate Training Initiative.--
"(1) In general.--The Administrator of the Federal Aviation Administration shall maintain the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program (in this section referred to as the `Enhanced Initiative') to support the recruitment, education, and hiring of well-qualified developmental air traffic controllers.
"(2) Special rules for the enhanced initiative.--
"(A) Requirements.--In maintaining the Enhanced Initiative under paragraph (1), the Administrator shall, at a minimum--
"(i) select and coordinate with accredited institutions of higher education (as defined in section 61.1 of title 14, Code of Federal Regulations), as determined by the Administrator, that administer an accredited air traffic curriculum to undergraduate students, to prepare students for the position of air traffic controller with the Department of Transportation (as defined in section 2109 of title 5);
"(ii) establish standards for the entry and participation of accredited institutions of higher education into the program; and
"(iii) solicit applications from, and provide guidance to, interested accredited institutions of higher education that administer an accredited air traffic curriculum to undergraduate students, including accredited institutions that participate in the Air Traffic-Collegiate Training Initiative, to foster participation of qualified accredited institutions in the Enhanced Initiative.
"(B) Selection criteria.--Prior to selecting an accredited institution of higher education for participation in the Enhanced Initiative, the Administrator shall--
"(i) consider the air traffic curriculum of the institution, including the institution's access to air traffic educational resources and Federal Aviation Administration air traffic facilities and equipment;
"(ii) certify that each accredited institution of higher education seeking to participate in the Enhanced Initiative has a qualified air traffic curriculum that provides, at a minimum, an equivalent level of education and training for air traffic controller trainees to that provided at the Federal Aviation Administration Academy; and
"(iii) certify that all evaluations of students at accredited institutions of higher education seeking to participate in the Enhanced Initiative shall be conducted by evaluators that are approved and certified by the Federal Aviation Administration.
"(3) Appointment of program graduates.--The Administrator may appoint an individual who has successfully completed a course of training in a program described in paragraph (1) to the position of air traffic controller noncompetitively in the excepted service (as defined in section 2103 of title 5).".
(2) FAA air traffic control training aviation rulemaking committee.--
(A) In general.--The Administrator shall convene an aviation rulemaking committee to--
(i) review the curricula of the air traffic technical training academy of the FAA, including its use in the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program;
(ii) review the on-the-job training, development, evaluation, and certification of certified professional controllers;
(iii) develop findings and recommendations regarding the improvement and modernization of such curricula and training; and
(iv) provide to the Administrator a report on such findings and recommendations and for other related purposes as determined by the Administrator.
(B) Composition.--The aviation rulemaking committee established under subparagraph (A) shall consist of members appointed by the Administrator, including representatives of--
(i) institutions of higher education that are accredited by the Aviation Accreditation Board International;
(ii) aviation industry organizations;
(iii) FAA subject matter experts;
(iv) military and commercial operators of aircraft, helicopters, and powered-lift aircraft;
(v) the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code;
(vi) organizations representing certified collective bargaining representatives of airline pilots;
(vii) representatives of accredited institutions of higher education participating in the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program;
(viii) aviation safety experts, including those from outside the FAA; and
(ix) any other stakeholder determined appropriate by the Administrator.
(C) Considerations.--The aviation rulemaking committee established under subparagraph (A) shall consider the following:
(i) The advancements in education technology, including digital resources and augmented reality or virtual reality capabilities, that may be incorporated into a modern curriculum and training.
(ii) The appropriate balance between the use of theoretical knowledge and practical application.
(iii) A review of instructional techniques to improve the effectiveness of learning outcomes.
(iv) The real-world applicability of air traffic operations procedures included in the curriculum and training.
(v) Student success rates, including outcomes of air traffic controller trainees when placed at facilities for on-the-job training.
(vi) Methods for reducing the subjectivity of instructional techniques.
(vii) Student success rates correlated with the completion of the Air Traffic-Collegiate Training Initiative program and the Enhanced Air Traffic-Collegiate Training Initiative program described in section 44506(c) of title 49, United States Code.
(viii) The appropriate method for ensuring the curriculum and training incorporates new entrants into the national airspace system.
(ix) Other considerations as determined appropriate by the Administrator.
(D) Duties.--
(i) In general.--Not later than 18 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a copy of the aviation rulemaking committee report provided to the Administrator under subparagraph (A)(iii).
(ii) Implementation.--Not later than 180 days after the date of submission of the report under clause (i), the Administrator shall implement the recommendations of the report, as determined appropriate by the Administrator.
(iii) Justification.--If the Administrator decides not to implement a recommendation described in the report submitted under clause (i), the Administrator shall submit to the appropriate committees of Congress a justification for such decision not later than 90 days after receiving such report.
(E) Prohibition on compensation.--The members of the aviation rulemaking committee convened under this paragraph shall not receive pay, allowances, or benefits from the Federal Government by reason of their service on such committee.
Text printed in the Record (11,348 characters)
This paragraph shall not be construed to affect the pay, allowances, or benefits of any Federal employee who serves as a member of the aviation rulemaking committee as part of their official duties.
(3) Review of enhanced air traffic-collegiate training initiative program.--
(A) In general.--Not later than 5 years after the date of the enactment of this section, the Comptroller General shall initiate a study to examine the effectiveness of the Enhanced Air Traffic-Collegiate Training Initiative program (in this paragraph referred to as the "Enhanced Initiative") in--
(i) increasing the education and training capacity of FAA air traffic controllers; and
(ii) growing the FAA air traffic controller workforce.
(B) Contents.--In conducting the study under subparagraph (A), the Comptroller General shall, at a minimum, evaluate the effectiveness of the program in producing--
(i) students that score at least a well-qualified score on the Air Traffic Skills Assessment (or a successor air traffic entrance exam);
(ii) developmental controllers that enter en route and terminal air traffic environments after completing the Enhanced Initiative; and
(iii) developmental controllers that become certified professional controllers.
(C) Consultation.--In conducting the study under subparagraph (A), the Comptroller General shall consult with the Administrator and appropriate stakeholders involved in overseeing, operating, and administering the Enhanced Initiative.
(D) Report.--Not later than 1 year after the date on which the Comptroller General initiates the study under subparagraph (A), the Comptroller General shall submit to the appropriate committees of Congress and the Administrator a report describing the results of the study, together with any appropriate recommendations for legislative or administrative action.
SEC. 6059A. FINDINGS ON SECURITY OF CONNECTED VEHICLES.
Congress makes the following findings:
(1) The United States automotive industry is critical to the national economy, supporting millions of jobs, supply chains, and advanced manufacturing. The introduction of vehicles and components controlled by foreign adversaries threatens industrial competitiveness and technological leadership.
(2) The People's Republic of China has rapidly expanded its automotive manufacturing capacity and is increasingly targeting export markets. Despite having the largest market in the world, the People's Republic of China exports nearly 8,000,000 vehicles annually, approximately twice the volume exported by any other country, demonstrating the scale at which vehicles and components controlled by a foreign adversary may enter global markets, including the United States.
(3) Connected vehicles incorporate advanced information and communications technologies that collect, process, and transmit vast amounts of sensitive data, including geolocation, operational, and personal information, and are capable of being remotely accessed and controlled.
(4) In Executive Order 13873 (50 U.S.C. 1701 note; relating to securing the information
and communications technology and services supply chain), the President declared a national emergency with respect to the threat posed by foreign adversaries creating and exploiting vulnerabilities in information and communications technology and services.
(5) The access, control, or influence of vehicle connectivity systems or automated driving systems by foreign adversaries creates substantial economic and national security risks to the United States, including risks of surveillance, espionage, cyber intrusion, and disruption of critical infrastructure. Such risks fall within the scope of the national emergency described in Executive Order 13873 and pose an unacceptable threat to the security and resilience of the United States.
SEC. 6061. SHORT TITLE.
This subtitle may be cited as the "Royalty Transparency Act".
SEC. 6062. FINANCIAL DISCLOSURE REPORTS OF EXECUTIVE BRANCH
EMPLOYEES.
(a) Individuals Required to File.--
(1) In general.--Section 13103 of title 5, United States Code, is amended--
(A) in subsection (f)--
(i) in paragraph (11), by striking "; and" and inserting a semicolon;
(ii) in paragraph (12), by striking the period and inserting "; and"; and
(iii) by adding at the end the following:
"(13) any member of--
"(A) the National Science Advisory Board for Biosecurity;
"(B) the Advisory Committee on Immunization Practices;
"(C) the Advisory Commission on Childhood Vaccines;
"(D) the National Vaccine Advisory Committee;
"(E) the Vaccines and Related Biological Products Advisory Committee;
"(F) the Defense Science Board;
"(G) the Board of Scientific Advisors of the National Cancer Institute;
"(H) the Homeland Security Science and Technology Advisory Committee;
"(I) the Medical Review Board Advisory Committee;
"(J) the President's Council of Advisors on Science and Technology; or
"(K) except as provided in subsection (k), any other advisory committee, as defined in section 1001, including a successor to a committee described in this paragraph, that the Government Accountability Office determines, in accordance with subsection (j)--
"(i) makes recommendations relating to public health to an agency or the President; and
"(ii) has had any recommendation fully or partially implemented during the 10 years preceding the determination."; and
(B) by adding at the end the following:
"(j) Determination Regarding Advisory Committees.--Not later than 180 days after the date of enactment of the Royalty Transparency Act, and annually thereafter, the Government Accountability Office shall publish a list of each advisory committee that the Government Accountability Office determines--
"(1) makes recommendations relating to public health to an agency or the President; and
"(2) has had any recommendation fully or partially implemented during the 10 years preceding the determination.
"(k) Exception for Certain Members of Peer Review Groups.--Subsection (f)(13)(K) shall not include a member of an advisory committee if--
"(1) the advisory committee is a peer review group, as defined in section 52h.2(k) of title 42, Code of Federal Regulations, or any successor regulation, within the National Institutes of Health;
"(2) for the applicable annual certification period, the Director of the National Institutes of Health, or the designee of the Director, in accordance with section 6063 of the Royalty Transparency Act, certifies annually to the Comptroller General of the United States, in such form and manner as the Comptroller General may require, that the National Institutes of Health has applied, with respect to each such member, the requirements relating to recusal for any actual or apparent conflict of interest under section 52h.5 of title 42, Code of Federal Regulations, or any successor regulation, and maintains documentation sufficient for review under section 6063 of the Royalty Transparency Act; and
"(3) the member of the advisory committee is not a special Government employee, as defined in section 202 of title 18, United States Code.".
(2) Sunset.--Effective on the date that is 5 years after the date of enactment of this Act, section 13103 of title 5, United States Code, as amended by this subtitle, is amended--
(A) in subsection (f)(13), by striking subparagraph (K) and inserting the following:
"(K) a successor to a committee described in subparagraphs (A) through (J) of this paragraph."; and
(B) by striking subsections (j) and (k), as added by paragraph (1)(B).
(b) Notification of Waiver.--
(1) Title 5.--Section 13103(i) of title 5, United States Code, is amended--
(A) by moving the matter preceding paragraph (1) two ems to the left;
(B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;
(C) in the matter preceding subparagraph (A), as so redesignated, by striking "the supervising ethics office determines" and inserting "the supervising ethics office--
"(1) determines";
(D) in subparagraph (D), as so redesignated, by striking the period at the end and inserting "; and"; and
(E) by adding at the end the following:
"(2) provides notification of such waiver to the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Government Reform and Energy and Commerce of the House of Representatives.".
(2) Title 18.--Section 208 of title 18, United States Code, is amended by adding at the end the following:
"(e) Any exemption--
"(1) granted under paragraph (1) or (3) of subsection (b) shall be immediately reported to the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Government Reform and Energy and Commerce of the House of Representatives, including a detailed justification for granting the waiver; or
"(2) granted under subpart (C) of part 2640 of title 5, Code of Federal Regulations, or any successor regulation, shall be immediately reported to the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Government Reform and Energy and Commerce of the House of Representatives, including a detailed justification for granting the waiver.".
(c) Contents of Reports.--Section 13104(a)(1) of title 5, United States Code, is amended--
(1) in subparagraph (A), by inserting ", subject to subparagraph (C)" after "employment by the United States Government"; and
(2) by inserting after subparagraph (B) the following:
"(C) Royalties received by government employees and committee filers.--Notwithstanding section 12(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)) and section 209 of title 35, if the reporting individual is an officer or employee in the executive branch (including a special Government employee, as defined in section 202 of title 18), or an individual described in section 13103(f)(13), the original source and amount or value of any royalties received by the reporting individual, the spouse of the reporting individual, or a dependent child of the reporting individual during the reporting period described in subsection (d) or (e) of section 13103, as applicable, that were received as a result of an invention developed by the reporting individual in the course of employment of the reporting individual with the United States Government, including any royalty interest payment made under the Federal Technology Transfer Act of 1986 (Public Law 99-502; 100 Stat. 1785), an amendment made by such Act, or any other applicable authority.".
(d) Review of Reports.--Section 13107(b) of title 5, United States Code, is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting "and shall, in the case of an agency or office and notwithstanding section 12 of the Stevenson-Wydler Technology Act of 1980 (15 U.S.C. 3710a) and section 209 of title 35, publish such report on the internet website of the agency or office, as the case may be" after "to any person requesting such inspection or copy"; and
(B) in the second sentence--
(i) by inserting ", notwithstanding section 12 of the Stevenson-Wydler Technology Act of 1980 (15 U.S.C.
Text printed in the Record (11,865 characters)
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. 3003)), the head of each such agency shall also submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, a report relating to confidential financial disclosures of officers and employees under the jurisdiction of such agency for the preceding fiscal year, which shall include--
"(1) the number of individuals who filed such disclosures with the agency under this section, including, if applicable, the subcomponent of the agency that has jurisdiction over the individual and the reason for filing confidentially;
"(2) the number of special Government employees, as defined in section 202 of title 18, that are required to file confidential financial disclosure reports with the agency under this section; and
"(3) any additional information determined to be relevant by the Director of the Office of Government Ethics after consultation with the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Government Reform and Energy and Commerce of the House of Representatives.
"(e) Public Disclosure of Royalties Received by Certain Federal Employees.--
"(1) Definition.--For the purposes of this subsection, the term `covered individual' means an individual who--
"(A) is required to file a confidential financial disclosure report under this section; and
"(B) reports receiving a royalty interest under subsection (b).
"(2) Requirement.--Not later than 180 days after the date of enactment of the Royalty Transparency Act, and annually thereafter, each agency shall publish a report on the internet website of the agency, listing--
"(A) the names of all covered individuals; and
"(B) the original source and amount or value of any royalties reported under this section by each covered individual.".
(f) Rule of Construction.--Nothing in this section, or any amendment made by this section, shall be construed to limit the ability of an advisory committee, as defined in section 1001 of title 5, United States Code, to conduct work related to the function of the advisory committee.
SEC. 6063. GAO REVIEW OF NIH PEER REVIEW CONFLICT-OF-INTEREST
COMPLIANCE.
(a) Definitions.--In this section--
(1) the term "Comptroller General" means the Comptroller General of the United States; and
(2) the term "covered peer review group" means a peer review group, as defined in section 52h.2(k) of title 42, Code of Federal Regulations, or any successor regulation, within the National Institutes of Health.
(b) Reviews Required.--The Comptroller General shall submit to the committees described in subsection (e) an initial report not later than 2 years after the date of enactment of this Act and a second report not later than 1 year after the date described in section 6062(a)(2) on the process used by the National Institutes of Health to apply the requirements relating to recusal for any actual or apparent conflict of interest under section 52h.5 of title 42, Code of Federal Regulations, or any successor regulation, with respect to members of covered peer review groups, including the process used to make certifications described in section 13103(k)(2) of title 5, United States Code, as added by section 6062(a)(1)(B) of this subtitle.
(c) Contents.--Each evaluation required under subsection (b) shall include--
(1) a description of the policies, procedures, guidance, training, and internal controls used by the National Institutes of Health to identify, evaluate, document, waive, and address actual or apparent conflicts of interest for members of covered peer review groups;
(2) an assessment of the completeness, accuracy, and timeliness of the certifications made under section 13103(k)(2) of title 5, United States Code, including whether the National Institutes of Health maintains documentation sufficient to support such certifications;
(3) the number of covered peer review groups and the approximate number of members of such groups covered by the certifications during the period reviewed;
(4) a description of the categories of information reviewed by the National Institutes of Health to identify actual or apparent conflicts of interest, including financial interests, employment relationships, institutional affiliations, professional associations, close-relative interests, and involvement with applications, proposals, or contract projects under review;
(5) an assessment of the process used by the National Institutes of Health to determine whether a member of a covered peer review group must recuse from review of a grant application, contract proposal, or contract project;
(6) an assessment of the process used by the National Institutes of Health to grant, document, and retain any waiver of a conflict-of-interest requirement under section 52h.5 of title 42, Code of Federal Regulations, or any successor regulation;
(7) a review of a representative sample of covered peer review groups, member certifications, recusal determinations, waiver determinations, and related records, as the Comptroller General determines appropriate;
(8) an assessment of whether the certification process of the National Institutes of Health is sufficient to ensure compliance with section 52h.5 of title 42, Code of Federal Regulations, or any successor regulation, without requiring the Comptroller General to make individualized compliance determinations for each member of a covered peer review group;
(9) a description of any material deficiencies, gaps, inconsistencies, or failures identified by the Comptroller General in the conflict-of-interest process, certification process, documentation, or internal controls of the National Institutes of Health;
(10) a description of any corrective action taken or planned by the National Institutes of Health in response to deficiencies identified by the Comptroller General; and
(11) any recommendations of the Comptroller General to improve the processes described in this section, including any recommendations for legislative or administrative action.
(d) Access to Information.--The Director of the National Institutes of Health shall provide the Comptroller General with timely access to records, personnel, and other information the Comptroller General determines necessary to conduct each evaluation required under subsection (b). Nothing in this subsection shall be construed to authorize the National Institutes of Health to withhold information from the Comptroller General on the basis that the information is contained in, or relates to, a confidential grant application, peer-review record, or other nonpublic agency record.
(e) Reports.--The Comptroller General shall submit each unredacted report required under subsection (b) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
SEC. 6064. PREVENTING ORGANIZATIONAL CONFLICTS OF INTEREST IN
FEDERAL ACQUISITION.
(a) In General.--The Federal Acquisition Regulatory Council and the Office of Management and Budget shall, as appropriate, enact or update any regulation necessary to ensure that conflict of interest reviews for prospective contractors or grantees include reviews of royalties paid to prospective contractors or grantees in the preceding calendar year.
(b) Ongoing Reviews.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, each agency conducting any conflict of interest review described in subsection (a) shall report to the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Government Reform and Energy and Commerce of the House of Representatives, and as to each agency within the intelligence community (as that term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), the head of each such agency shall also report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, on the number of identified cases of potential conflict of interest related to royalty payments and the steps taken to mitigate those cases.
SEC. 6065. SEVERABILITY.
If any provision of this subtitle, an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle and the amendments made by this subtitle, and the application of the provision or the amendment to any other person or circumstance, shall not be affected.
SEC. 6067.
Text printed in the Record (11,993 characters)
SHORT TITLE.
This subtitle may be cited as the "Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act of 2026" or the "STOP CSAM Act of 2026".
SEC. 6068. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL
COURT.
(a) In General.--Section 3509 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking "or exploitation" and inserting "exploitation, or kidnapping, including international parental kidnapping";
(B) in paragraph (3), by striking "physical or mental injury" and inserting "physical injury, psychological abuse";
(C) by striking paragraphs (5), (6), and (7) and inserting the following:
"(5) the term `psychological abuse' includes--
"(A) a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize a child; and
"(B) the infliction of trauma on a child through--
"(i) isolation;
"(ii) the withholding of food or other necessities in order to control behavior;
"(iii) physical restraint; or
"(iv) the confinement of the child without the child's consent and in degrading conditions;
"(6) the term `exploitation' means--
"(A) child pornography;
"(B) child sex trafficking; or
"(C) an obscene visual depiction of a child;
"(7) the term `multidisciplinary child abuse team' means a professional unit of individuals working together to investigate child abuse and provide assistance and support to a victim of child abuse, composed of representatives from--
"(A) health, social service, and legal service agencies that represent the child;
"(B) law enforcement agencies and prosecutorial offices; and
"(C) children's advocacy centers;";
(D) in paragraph (9)(D)--
(i) by striking "genitals" and inserting "anus, genitals,"; and
(ii) by striking "or animal";
(E) in paragraph (11), by striking "and" at the end;
(F) in paragraph (12)--
(i) by striking "the term `child abuse' does not" and inserting "the terms `physical injury' and `psychological abuse' do not"; and
(ii) by striking the period and inserting a semicolon; and
(G) by adding at the end the following:
"(13) the term `covered person' means a person of any age who--
"(A) is or is alleged to be--
"(i) a victim of a crime of physical abuse, sexual abuse, exploitation, or kidnapping, including international parental kidnapping; or
"(ii) a witness to a crime committed against another person; and
"(B) was under the age of 18 when the crime described in subparagraph (A) was committed;
"(14) the term `protected information', with respect to a covered person, includes--
"(A) personally identifiable information of the covered person, including--
"(i) the name of the covered person;
"(ii) an address;
"(iii) a phone number;
"(iv) a user name or identifying information for an online, social media, or email account; and
"(v) any information that can be used to distinguish or trace the identity of the covered person, either alone or when combined with other information that is linked or linkable to the covered person;
"(B) medical, dental, behavioral, psychiatric, or psychological information of the covered person;
"(C) educational or juvenile justice records of the covered person; and
"(D) any other information concerning the covered person that is deemed `protected information' by order of the court under subsection (d)(5);
"(15) the term `child pornography' has the meaning given the term in section 2256(8); and
"(16) the term `obscene visual depiction of a child' means any visual depiction prohibited by section 1466A involving an identifiable minor, as that term is defined in section 2256(9).";
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking "minor" and inserting "child"; and
(B) in paragraph (2)--
(i) in the heading, by striking "Videotaped" and inserting "Recorded";
(ii) in subparagraph (A), by striking "that the deposition be recorded and preserved on videotape" and inserting "that a video recording of the deposition be made and preserved";
(iii) in subparagraph (B)--
(I) in clause (ii), by striking "that the child's deposition be taken and preserved by videotape" and inserting "that a video recording of the child's deposition be made and preserved";
(II) in clause (iii)--
(aa) in the matter preceding subclause (I), by striking "videotape" and inserting "recorded"; and
(bb) in subclause (IV), by striking "videotape" and inserting "recording"; and
(III) in clause (v)--
(aa) in the heading, by striking "videotape" and inserting "video recording";
(bb) in the first sentence, by striking "made and preserved on video tape" and inserting "recorded and preserved"; and
(cc) in the second sentence, by striking "videotape" and inserting "video recording";
(iv) in subparagraph (C), by striking "child's videotaped" and inserting "video recording of the child's";
(v) in subparagraph (D)--
(I) by striking "videotaping" and inserting "deposition"; and
(II) by striking "videotaped" and inserting "recorded";
(vi) in subparagraph (E), by striking "videotaped" and inserting "recorded"; and
(vii) in subparagraph (F), by striking "videotape" each place the term appears and inserting "video recording";
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking "the name or any other information concerning a child" and inserting "a covered person's protected information"; and
(ii) in clause (ii)--
(I) by striking "documents described in clause (i) or the information in them that concerns a child" and inserting "a covered person's protected information"; and
(II) by striking ", have reason to know such information" and inserting "(including witnesses or potential witnesses), have reason to know each item of protected information to be disclosed";
(B) in paragraph (2)--
(i) by striking "the name of or any other information concerning a child" each place the term appears and inserting "a covered person's protected information";
(ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;
(iii) by striking "All papers" and inserting the following:
"(A) In general.--All papers"; and
(iv) by adding at the end the following:
"(B) Enforcement of violations.--The court may address a violation of subparagraph (A) in the same manner as disobedience or resistance to a lawful court order under section 401(3).";
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking "a child from public disclosure of the name of or any other information concerning the child" and inserting "a covered person's protected information from public disclosure"; and
(II) by striking ", if the court determines that there is a significant possibility that such disclosure would be detrimental to the child";
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking "a child witness, and the testimony of any other witness" and inserting "any witness"; and
(bb) by striking "the name of or any other information concerning a child" and inserting "a covered person's protected information"; and
(II) in clause (ii), by striking "child" and inserting "covered person"; and
(iii) by adding at the end the following:
"(C)(i) For purposes of this paragraph, there shall be a presumption that public disclosure of a covered person's protected information would be detrimental to the covered person.
"(ii) The court shall deny a motion for a protective order under subparagraph (A) only if the court finds that the party opposing the motion has rebutted the presumption under clause (i) of this subparagraph.";
(D) in paragraph (4)--
(i) by striking "This subsection" and inserting the following:
"(A) Disclosure to certain parties.--This subsection";
(ii) in subparagraph (A), as so designated--
(I) by striking "the name of or other information concerning a child" and inserting "a covered person's protected information"; and
(II) by striking "or an adult attendant, or to" and inserting "an adult attendant, a law enforcement agency for any intelligence or investigative purpose, or"; and
(iii) by adding at the end the following:
"(B) Request for public disclosure.--If any party requests public disclosure of a covered person's protected information to further a public interest, the court shall deny the request unless the court finds that--
"(i) the party seeking disclosure has established that there is a compelling public interest in publicly disclosing the covered person's protected information;
"(ii) there is a substantial probability that the public interest would be harmed if the covered person's protected information is not disclosed;
"(iii) the substantial probability of harm to the public interest outweighs the harm to the covered person from public disclosure of the covered person's protected information; and
"(iv) there is no alternative to public disclosure of the covered person's protected information that would adequately protect the public interest."; and
(E) by adding at the end the following:
"(5) Other protected information.--The court may order that information shall be considered to be `protected information' for purposes of this subsection if the court finds that the information is sufficiently personal, sensitive, or identifying that it should be subject to the protections and presumptions under this subsection.";
(4) by striking subsection (f) and inserting the following:
"(f) Victim Impact Statement.--
"(1) Probation officer.--In preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary child abuse team,
if applicable, or other appropriate sources to determine the impact of the offense on a child victim and any other children who may have been affected by the offense.
"(2) Guardian ad litem.--A guardian ad litem appointed under subsection (h) shall--
"(A) make every effort to obtain and report information that accurately expresses the views of a child victim, and the views of family members as appropriate, concerning the impact of the offense; and
"(B) use forms that permit a child victim to express the child's views concerning the personal consequences of the offense, at a level and in a form of communication commensurate with the child's age and ability.";
(5) in subsection (h), by adding at the end the following:
"(4) Authorization of appropriations.--
"(A) In general.--There is authorized to be appropriated to the United States courts to carry out this subsection $25,000,000 for each fiscal year.
"(B) Supervision of payments.--Payments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts.";
(6) in subsection (i)--
(A) by striking "A child testifying at or attending a judicial proceeding" and inserting the following:
"(1) In general.--A child testifying at a judicial proceeding, including in a manner described in subsection (b),";
(B) in paragraph (1), as so designated--
(i) in the third sentence, by striking "proceeding" and inserting "testimony"; and
(ii) by striking the fifth sentence; and
(C) by adding at the end the following:
"(2) Recording.--If the adult attendant is in close physical proximity to or in contact with the child while the child testifies--
"(A) at a judicial proceeding, a video recording of the adult attendant shall be made and shall become part of the court record; or
"(B) in a manner described in subsection (b), the adult attendant shall be visible on the closed-circuit television or in the recorded deposition.
"(3) Covered persons attending proceeding.--A covered person shall have the right to be accompanied by an adult attendant when attending any judicial proceeding.";
(7) in subsection (j)--
(A) by striking "child" each place the term appears and inserting "covered
Text printed in the Record (11,996 characters)
person"; and
(B) in the fourth sentence--
(i) by striking "and the potential" and inserting ", the potential";
(ii) by striking "child's" and inserting "covered person's"; and
(iii) by inserting before the period at the end the following: ", and the necessity of the continuance to protect the defendant's rights";
(8) in subsection (k), by striking "child" each place the term appears and inserting "covered person";
(9) in subsection (l), by striking "child" each place the term appears and inserting "covered person"; and
(10) in subsection (m)--
(A) by striking "(as defined by section 2256 of this title)" each place it appears;
(B) by inserting "or an obscene visual depiction of a child" after "child pornography" each place it appears except the second instance in paragraph (3);
(C) in paragraph (1), by inserting "and any civil action brought under section 2255 or 2255A" after "any criminal proceeding";
(D) in paragraph (2), by adding at the end the following:
"(C)(i) Notwithstanding rule 26 of the Federal Rules of Civil Procedure, a court shall deny, in any civil action brought under section 2255 or 2255A, any request by any party to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography or an obscene visual depiction of a child.
"(ii) In a civil action brought under section 2255 or 2255A, for purposes of paragraph (1), the court may--
"(I) order the plaintiff or defendant to provide to the court or the Government, as applicable, any equipment necessary to maintain care, custody, and control of such property or material; and
"(II) take reasonable measures, and may order the Government (if such property or material is in the care, custody, and control of the Government) to take reasonable measures, to provide each party to the action, the attorney of each party, and any individual a party may seek to qualify as an expert, with ample opportunity to inspect, view, and examine such property or material at the court or a Government facility, as applicable."; and
(E) in paragraph (3)--
(i) by inserting "and during the 1-year period following the date on which the criminal proceeding becomes final or is terminated" after "any criminal proceeding";
(ii) by striking ", as defined under section 2256(8),"; and
(iii) by inserting "or obscene visual depiction of a child" after "such child pornography".
(b) Effective Date.--The amendments made by this section shall apply to conduct that occurs before, on, or after the date of enactment of this Act.
SEC. 6069. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL
AMENDMENTS TO RESTITUTION STATUTES.
Title 18, United States Code, is amended--
(1) in section 1593(c)--
(A) by inserting "(1)" after "(c)";
(B) by striking "chapter, including, in" and inserting the following: "chapter.
"(2) In"; and
(C) in paragraph (2), as so designated, by inserting "may assume the rights of the victim under this section" after "suitable by the court";
(2) in section 2248(c)--
(A) by striking "For purposes" and inserting the following:
"(1) In general.--For purposes";
(B) by striking "chapter, including, in" and inserting the following: "chapter.
"(2) Assumption of crime victim's rights.--In"; and
(C) in paragraph (2), as so designated, by inserting "may assume the rights of the victim under this section" after "suitable by the court";
(3) in section 2259--
(A) by striking subsection (a) and inserting the following:
"(a) In General.--Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under--
"(1) section 1466A, to the extent the conduct involves a visual depiction of an identifiable minor; or
"(2) this chapter.";
(B) in subsection (b)--
(i) in paragraph (1), by striking "Directions.--Except as provided in paragraph (2), the" and inserting "Restitution for child pornography production.--If the defendant was convicted of child pornography production, the"; and
(ii) in paragraph (2)(B), by striking "$3,000." and inserting the following: "--
"(i) $3,000; or
"(ii) 10 percent of the full amount of the victim's losses, if the full amount of the victim's losses is less than $3,000."; and
(C) in subsection (c)--
(i) by striking paragraph (1) and inserting the following:
"(1) Child pornography production.--For purposes of this section and section 2259A, the term `child pornography production' means--
"(A) a violation of, attempted violation of, or conspiracy to violate section 1466A(a) to the extent the conduct involves production of a visual depiction of an identifiable minor;
"(B) a violation of, attempted violation of, or conspiracy to violate section 1466A(a) involving possession with intent to distribute, or section 1466A(b), to the extent the conduct involves a visual depiction of an identifiable minor--
"(i) produced by the defendant; or
"(ii) that the defendant attempted or conspired to produce;
"(C) a violation of subsection (a), (b), or (c) of section 2251, or an attempt or conspiracy to violate any of those subsections under subsection (e) of that section;
"(D) a violation of section 2251A;
"(E) a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography--
"(i) produced by the defendant; or
"(ii) that the defendant attempted or conspired to produce;
"(F) a violation of subsection (a)(7) of section 2252A, or an attempt or conspiracy to violate that subsection under subsection (b)(3) of that section, to the extent the conduct involves production with intent to distribute;
"(G) a violation of section 2252A(g) if the series of felony violations involves not fewer than 1 violation--
"(i) described in subparagraph (A), (B), (E), or (F) of this paragraph;
"(ii) of section 1591; or
"(iii) of section 1201, chapter 109A, or chapter 117, if the victim is a minor;
"(H) a violation of subsection (a) of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(1) of that section;
"(I) a violation of section 2260B(a)(2) for promoting or facilitating an offense--
"(i) described in subparagraph (A), (B), (D), or (E) of this paragraph; or
"(ii) under section 2422(b); and
"(J) a violation of chapter 109A or chapter 117, if the offense involves the production or attempted production of, or conspiracy to produce, child pornography.";
(ii) by striking paragraph (3) and inserting the following:
"(3) Trafficking in child pornography.--For purposes of this section and section 2259A, the term `trafficking in child pornography' means--
"(A) a violation of, attempted violation of, or conspiracy to violate section 1466A(a) to the extent the conduct involves distribution or receipt of a visual depiction of an identifiable minor;
"(B) a violation of, attempted violation of, or conspiracy to violate section 1466A(a) involving possession with intent to distribute, or section 1466A(b), to the extent the conduct involves a visual depiction of an identifiable minor--
"(i) not produced by the defendant; or
"(ii) that the defendant did not attempt or conspire to produce;
"(C) a violation of subsection (d) of section 2251 or an attempt or conspiracy to violate that subsection under subsection (e) of that section;
"(D) a violation of paragraph (1), (2), or (3) of subsection (a) of section 2252, or an attempt or conspiracy to violate any of those
paragraphs under subsection (b)(1) of that section;
"(E) a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography--
"(i) not produced by the defendant; or
"(ii) that the defendant did not attempt or conspire to produce;
"(F) a violation of paragraph (1), (2), (3), (4), or (6) of subsection (a) of section 2252A, or an attempt or conspiracy to violate any of those paragraphs under subsection (b)(1) of that section;
"(G) a violation of subsection (a)(7) of section 2252A, or an attempt or conspiracy to violate that subsection under subsection (b)(3) of that section, to the extent the conduct involves distribution;
"(H) a violation of section 2252A(g) if the series of felony violations exclusively involves violations described in this paragraph (except subparagraphs (A) and (B));
"(I) a violation of subsection (b) of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(2) of that section; and
"(J) a violation of subsection (a)(1) of section 2260B, or a violation of subsection (a)(2) of that section for promoting or facilitating an offense described in this paragraph (except subparagraphs (A) and (B))."; and
(iii) in paragraph (4), in the first sentence, by inserting "or an identifiable minor harmed as a result of the commission of a crime under section 1466A" after "under this chapter";
(4) in section 2259A(a)--
(A) in paragraph (1), by striking "under section 2252(a)(4) or 2252A(a)(5)" and inserting "described in subparagraph (B) or (E) of section 2259(c)(3)"; and
(B) in paragraph (2), by striking "any other offense for trafficking in child pornography" and inserting "any offense for trafficking in child pornography other than an offense described in subparagraph (B) or (E) of section 2259(c)(3)";
(5) in section 2429--
(A) in subsection (b)(3), by striking "2259(b)(3)" and inserting "2259(c)(2)"; and
(B) in subsection (d)--
(i) by inserting "(1)" after "(d)";
(ii) by striking "chapter, including, in" and inserting the following: "chapter.
"(2) In"; and
(iii) in paragraph (2), as so designated, by inserting "may assume the rights of the victim under this section" after "suitable by the court"; and
(6) in section 3664, by adding at the end the following:
"(q) Trustee or Other Fiduciary.--
"(1) In general.--
"(A) Appointment of trustee or other fiduciary.--When the court issues an order of restitution under section 1593, 2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of section 3663A(c)(1), for a victim described in subparagraph (B) of this paragraph, the court, at its own discretion or upon motion by the Government, may appoint a trustee or other fiduciary to hold any amount paid for restitution in a trust or other official account for the benefit of the victim.
"(B) Covered victims.--A victim referred to in subparagraph (A) is a victim who is--
"(i) under the age of 18 at the time of the proceeding;
"(ii) incompetent or incapacitated; or
"(iii) subject to paragraph (3), a foreign citizen or stateless person residing outside the United States.
"(2) Order.--When the court appoints a trustee or other fiduciary under paragraph (1), the court shall issue an order specifying--
"(A) the duties of the trustee or other fiduciary, which shall require--
"(i) the administration of the trust or maintaining an official account in the best interests of the victim; and
"(ii) disbursing payments from the trust or account--
"(I) to the victim; or "(II) to any individual or entity on behalf of the victim;
"(B) that the trustee or other fiduciary--
"(i) shall avoid any conflict of interest;
"(ii) may not profit from the administration of the trust or maintaining an official account for the benefit of the victim other than as specified in the order; and
"(iii) may not delegate administration of the trust or maintaining the official account to any other person;
"(C) if and when the trust or the duties of the other fiduciary will expire; and
"(D) the fees payable to the trustee or other fiduciary to cover expenses of administering the trust or maintaining the official account for the benefit of the victim, and the schedule for payment of those fees.
"(3) Fact-finding regarding foreign citizens and stateless person.--In the case of a
Text printed in the Record (11,998 characters)
victim who is a foreign citizen or stateless person residing outside the United States and is not under the age of 18 at the time of the proceeding or incompetent or incapacitated, the court may appoint a trustee or other fiduciary under paragraph (1) only if the court finds it necessary to--
"(A) protect the safety or security of the victim; or
"(B) provide a reliable means for the victim to access or benefit from the restitution payments.
"(4) Payment of fees.--
"(A) In general.--The court may, with respect to the fees of the trustee or other fiduciary--
"(i) pay the fees in whole or in part; or
"(ii) order the defendant to pay the fees in whole or in part.
"(B) Applicability of other provisions.--With respect to a court order under subparagraph (A)(ii) requiring a defendant to pay fees--
"(i) subsection (f)(3) shall apply to the court order in the same manner as that subsection applies to a restitution order;
"(ii) subchapter C of chapter 227 (other than section 3571) shall apply to the court order in the same manner as that subchapter applies to a sentence of a fine; and
"(iii) subchapter B of chapter 229 shall apply to the court order in the same manner as that subchapter applies to the implementation of a sentence of a fine.
"(C) Effect on other penalties.--Imposition of payment under subparagraph (A)(ii) shall not relieve a defendant of, or entitle a defendant to a reduction in the amount of, any special assessment, restitution, other fines, penalties, or costs, or other payments required under the defendant's sentence.
"(D) Schedule.--Notwithstanding any other provision of law, if the court orders the defendant to make any payment under subparagraph (A)(ii), the court may provide a payment schedule that is concurrent with the payment of any other financial obligation described in subparagraph (C).
"(5) Authorization of appropriations.--
"(A) In general.--There is authorized to be appropriated to the United States courts to carry out this subsection $15,000,000 for each fiscal year.
"(B) Supervision of payments.--Payments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts.".
SEC. 6069A. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND
TRANSPARENCY BY THE TECH INDUSTRY.
(a) In General.--Chapter 110 of title 18, United States Code, is amended--
(1) in section 2258A--
(A) by striking subsections (a), (b), and (c) and inserting the following:
"(a) Duty to Report.--
"(1) Duty.--In order to reduce the proliferation of online child sexual exploitation and to prevent the online sexual exploitation of children, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2) or any apparent child pornography on the provider's service, and in any event not later than 60 days after obtaining such knowledge, a provider shall submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report that--
"(A) shall contain--
"(i) the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and
"(ii) information or material described in subsection (b)(1)(A) concerning such facts or circumstances or apparent child pornography; and
"(B) may contain information described in subsection (b)(2), including any available information to identify or locate any involved minor.
"(2) Facts or circumstances.--The facts or circumstances described in this paragraph are any facts or circumstances indicating an apparent, planned, or imminent violation of section 1591 (if the violation involves a minor), 2251, 2251A, 2252, 2252A, 2252B, 2260, or 2422(b).
"(3) Complainant information.--For a report premised on a complaint or notification submitted to a provider by a user of the provider's product or service, or a parent, guardian, or representative of such user, the provider shall take reasonable measures to determine what information or material in the user's account shall be included in the report as provided in subsection (b)(1)(A)(vi).
"(b) Contents of Report.--
"(1) In general.--In an effort to prevent the future sexual victimization of children, and to the extent the information is within the custody or control of a provider, each report provided under subsection (a)(1)--
"(A) shall include, to the extent that it is applicable and reasonably available--
"(i) the name, address, electronic mail address, user or account identification, Internet Protocol address, port number, and uniform resource locator of any individual who is a subject of the report;
"(ii) the terms of service in effect at the time of--
"(I) the apparent violation; or
"(II) the detection of apparent child pornography or a planned or imminent violation;
"(iii) a copy of any apparent child pornography that is the subject of the report, or all accessible chats, messages, or text exchanges that are related to the report, that were identified in a publicly available location;
"(iv) for each item of apparent child pornography included in the report under clause (iii) or paragraph (2)(E), information indicating whether--
"(I) the apparent child pornography was publicly available; or
"(II) the provider, in its sole discretion, viewed the apparent child pornography, or any copy thereof, at any point concurrent with or prior to the submission of the report;
"(v) for each item of apparent child pornography that is the subject of the report, an
indication as to whether the apparent child pornography--
"(I) is created in whole or in part through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction;
"(II) has previously been the subject of a report under subsection (a)(1); or
"(III) is the subject of multiple contemporaneous reports due to rapid and widespread distribution; and
"(vi) any and all information or material (including apparent child pornography, chats, messages, or text exchanges) relating to the subject of the report in the account of a user of the provider's product or service, if the user, or the parent, guardian, or representative of such user--
"(I) provided the information or material in a notification or complaint to the provider;
"(II) indicates that such information or material should be included in the report; or
"(III) consents to the inclusion of such information or material in the report; and
"(B) may, at the sole discretion of the provider, include the information described in paragraph (2) of this subsection.
"(2) Other information.--The information referred to in paragraph (1)(B) is the following:
"(A) Information about any involved individual.--Any information relating to the identity or location of any individual who is a subject of the report, including payment or financial information (excluding personally identifiable information) and self-reported identifying or locating information.
"(B) Information about any involved minor.--Information relating to the identity or location of any involved minor, which may include an address, electronic mail address, Internet Protocol address, port number, uniform resource locator, payment or financial information (excluding personally identifiable information), or any other information that may identify or locate any involved minor, including self-reported identifying or locating information.
"(C) Historical reference.--Information relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to, or discovered by the provider, including a date and time stamp and time zone.
"(D) Geographic location information.--Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address, port number, or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or ZIP Code, provided by the customer or subscriber, or stored or obtained by the provider.
"(E) Apparent child pornography.--Any apparent child pornography not described in paragraph (1)(A)(iii), or other content related to the subject of the report.
"(F) Complete communication.--The complete communication containing any apparent child pornography or other content, including--
"(i) any data or information regarding the transmission of the communication; and
"(ii) any visual depictions, data, or other digital files contained in, or attached to, the communication.
"(G) Technical identifier.--An industry-standard hash value or other similar industry-standard technical identifier for any reported visual depiction as it existed on the provider's service.
"(H) Description.--For any item of apparent child pornography that is the subject of the report, an indication of whether--
"(i) the depicted sexually explicit conduct involves--
"(I) genital, oral, or anal sexual intercourse;
"(II) bestiality;
"(III) masturbation;
"(IV) sadistic or masochistic abuse; or
"(V) lascivious exhibition of the anus, genitals, or pubic area of any person; and
"(ii) the depicted minor is--
"(I) an infant or toddler; "(II) prepubescent; "(III) pubescent; "(IV) post-pubescent; or "(V) of an indeterminate age or developmental stage.
"(I) Chats, messages, or text exchanges.--Chats, messages, or text exchanges that fully provide the context for the report.
"(3) Formatting of reports.--When a provider includes any information described in paragraph (1) or, at its sole discretion, any information described in paragraph (2) in a report to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline or the successor, as applicable.
"(c) Forwarding of Report and Other Information to Law Enforcement.--
"(1) In general.--Pursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report submitted under subsection (a)(1) to one or more of the following law enforcement agencies:
"(A) Any Federal law enforcement agency that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes.
"(B) Any State or local law enforcement agency that is involved in the investigation of child sexual exploitation.
"(C) A foreign law enforcement agency designated by the Attorney General under subsection (d)(3) or a foreign law enforcement agency that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes.
"(2) Technical identifiers.--If a report submitted under subsection (a)(1) contains an industry-standard hash value or other similar industry-standard technical identifier--
"(A) NCMEC may compare that hash value or identifier with any database or repository of visual depictions owned or operated by NCMEC; and
"(B) if the comparison under subparagraph (A) results in a match, NCMEC may include the matching visual depiction from its database or repository when forwarding the report to an agency described in subparagraph (A) or (B) of paragraph (1).";
(B) in subsection (d)--
(i) in paragraph (2), by striking "subsection (c)(1)" and inserting "subsection (c)(1)(A)";
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking "subsection (c)(3)" and inserting "subsection (c)(1)(C)"; and
(II) in subparagraph (C), by striking "subsection (c)(3)" and inserting "subsection
Text printed in the Record (11,997 characters)
(c)(1)(C)"; and
(iii) in paragraph (5)(B)--
(I) in clause (i), by striking "forwarded" and inserting "made available"; and
(II) in clause (ii), by striking "forwarded" and inserting "made available";
(C) by striking subsection (e) and inserting the following:
"(e) Failure to Comply With Requirements.--
"(1) Criminal penalty.--
"(A) Offense.--It shall be unlawful for a provider to knowingly--
"(i) fail to submit a report under subsection (a)(1) within the time period required by that subsection; or
"(ii) fail to preserve material as required under subsection (h).
"(B) Penalty.--
"(i) In general.--A provider that violates subparagraph (A) shall be fined--
"(I) in the case of an initial violation, not more than--
"(aa) $850,000 if the provider has not fewer than 100,000,000 monthly active users; or
"(bb) $600,000 if the provider has fewer than 100,000,000 monthly active users; and
"(II) in the case of any second or subsequent violation, not more than--
"(aa) $1,000,000 if the provider has not fewer than 100,000,000 monthly active users; or
"(bb) $850,000 if the provider has fewer than 100,000,000 monthly active users.
"(ii) Harm to individuals.--The maximum fine under clause (i) shall be doubled if an individual is harmed as a direct and proximate result of the applicable violation.
"(2) Civil penalty.--
"(A) Violations relating to cybertipline reports and material preservation.--A provider shall be liable to the United States Government for a civil penalty in an amount of not less than $50,000 and not more than $250,000 if the provider knowingly--
"(i) fails to submit a report under subsection (a)(1) within the time period required by that subsection;
"(ii) fails to preserve material as required under subsection (h); or
"(iii) submits a report under subsection (a)(1) that--
"(I) contains materially false or fraudulent information; or
"(II) omits information described in subsection (b)(1)(A) that is reasonably available.
"(B) Annual report violations.--A provider shall be liable to the United States Government for a civil penalty in an amount of not less than $100,000 and not more than $1,000,000 if the provider knowingly--
"(i) fails to submit an annual report as required under subsection (i); or
"(ii) submits an annual report under subsection (i) that--
"(I) contains a materially false, fraudulent, or misleading statement; or
"(II) omits information described in subsection (i)(1) that is reasonably available.
"(C) Harm to individuals.--The amount of a civil penalty under subparagraph (A) or (B) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation.
"(D) Costs of civil actions.--A provider that commits a violation described in subparagraph (A) or (B) shall be liable to the United States Government for the costs of a civil action brought to recover a civil penalty under that subparagraph.
"(E) Enforcement.--This paragraph shall be enforced in accordance with sections 3731, 3732, and 3733 of title 31, except that a civil action to recover a civil penalty under subparagraph (A) or (B) of this paragraph may only be brought by the United States Government.
"(3) Deposit of fines and penalties.--Notwithstanding any other provision of law, any criminal fine or civil penalty collected under this subsection shall be deposited into
the Child Pornography Victims Reserve as provided in section 2259B.";
(D) in subsection (f), by striking paragraph (3) and inserting the following:
"(3) affirmatively search, screen, or scan for--
"(A) facts or circumstances described in subsection (a)(2);
"(B) information described in subsection (b)(2); or
"(C) any apparent child pornography.";
(E) in subsection (g)--
(i) in paragraph (2)(A)--
(I) in clause (iii), by inserting "or personnel at a children's advocacy center" after "State)"; and
(II) in clause (iv), by striking "State or subdivision of a State" and inserting "State, subdivision of a State, or children's advocacy center"; and
(ii) in paragraph (3), in the matter preceding subparagraph (A), by striking "subsection (a)" and inserting "subsection (a)(1)";
(F) in subsection (h), by striking paragraph (5) and inserting the following:
"(5) Relation to reporting requirement.--Submission of a report as described in subsection (a)(1) does not satisfy the obligations under this subsection."; and
(G) by adding at the end the following:
"(i) Annual Report.--
"(1) In general.--Not later than March 31 of the second year beginning after the date of enactment of the , and of each year thereafter, a provider that had more than 1,000,000 unique monthly visitors or users during each month of the preceding year and accrued revenue of more than $50,000,000 during the preceding year shall submit to the Attorney General and the Chair of the Federal Trade Commission a report, disaggregated by subsidiary, that provides the following information for the preceding year to the extent such information is applicable and reasonably available:
"(A) Cybertipline data.--
"(i) The total number of reports that the provider submitted under subsection (a)(1).
"(ii) Which items of information described in subsection (b)(2) are routinely included in the reports submitted by the provider under subsection (a)(1).
"(B) Other reporting to the provider.--
"(i) The measures the provider has in place to receive other reports concerning child sexual exploitation and abuse using the provider's product or on the provider's service.
"(ii) The average time for responding to reports described in clause (i).
"(iii) The number of reports described in clause (i) that the provider received.
"(iv) A summary description of the actions taken upon receipt of the reports described in clause (i).
"(C) Policies.--
"(i) A description of the policies of the provider with respect to the commission of child sexual exploitation and abuse using the provider's product or on the provider's service, including how child sexual exploitation and abuse is defined.
"(ii) A description of possible user consequences for violations of the policies described in clause (i).
"(iii) The methods of informing users of the policies described in clause (i).
"(iv) The process for adjudicating potential violations of the policies described in clause (i).
"(D) Culture of safety.--
"(i) The measures, tools, and technologies that the provider deploys to--
"(I) protect children from sexual exploitation and abuse using the provider's product or service;
"(II) prevent or interdict activity by children related to sexual exploitation and abuse, including the posting or sharing of intimate visual depictions; and
"(III) accurately identify adult and minor users.
"(ii) The measures, tools, and technologies that the provider deploys to empower parents and guardians to protect their children from sexual exploitation and abuse using the provider's product or service.
"(iii) The measures, tools, and technologies that the provider deploys to prevent the use of the provider's product or service by individuals seeking to commit child sexual exploitation and abuse.
"(iv) With respect to the measures, tools, and technologies described in clauses (i), (ii), and (iii)--
"(I) an assessment of their efficacy, including any relevant quantitative information indicating when and how often they are used; and
"(II) information on any factors that limit their efficacy or create gaps in their protection and efforts by the provider to address those loopholes or gaps.
"(v) A description of factors that interfere with the provider's ability to detect or evaluate instances of child sexual exploitation and abuse and an analysis of the impact of those factors.
"(vi) Information shared by the provider with users about the risks to children on the provider's product or service concerning sexual exploitation and abuse and an assessment of the impact of the information on users, including any relevant quantitative information indicating how often the information is reviewed.
"(vii) A description of efforts undertaken by the provider, to the extent appropriate, to allow for independent verification of the information provided pursuant to this subparagraph and of the efficacy of the measures, tools, and technologies described in clauses (i), (ii), and (iii), including through the facilitation of independent research.
"(E) Safety by design.--The measures that the provider takes before launching a new product or service--
"(i) to assess--
"(I) the safety risks for children with respect to sexual exploitation and abuse; and
"(II) whether and how individuals could use the new product or service to commit child sexual exploitation and abuse; and
"(ii) to determine--
"(I) the appropriate age for users of the new product or service; and
"(II) whether the new product or service will be adopted to commit child sexual exploitation and abuse.
"(F) Prevalence, trends, and patterns.--Any information concerning--
"(i) the prevalence of child sexual exploitation and abuse on the provider's product or service, including the volume of child pornography that is available and that is being accessed, distributed, or received; and
"(ii) emerging trends, risks, and changing patterns with respect to the commission of online child sexual exploitation and abuse.
"(G) Other information.--Any other information relevant to child sexual exploitation and abuse on the provider's product or service.
"(2) Avoiding duplication.--Notwithstanding the requirement under the matter preceding paragraph (1) that information be submitted annually, in the case of any report submitted under that paragraph after the initial report, a provider shall submit information described in subparagraphs (C) through (F) of that paragraph not less frequently than once every 3 years or when new information is available, whichever is more frequent.
"(3) Limitation.--Nothing in paragraph (1) shall require the disclosure of trade secrets or other proprietary information.
"(4) Publication.--
"(A) In general.--Subject to subparagraph (B), the Attorney General and the Chair of the Federal Trade Commission shall publish the reports received under this subsection.
"(B) Redaction.--
"(i) In general.--Whether or not such redaction is requested by the provider, the Attorney General and Chair of the Federal Trade Commission shall redact from a report published under subparagraph (A) any information as necessary to avoid--
"(I) undermining the efficacy of a safety measure described in the report; or
"(II) revealing how a product or service of a provider may be used to commit online child sexual exploitation and abuse.
"(ii) Additional redaction.--
"(I) Request.--In addition to information redacted under clause (i), a provider may request the redaction, from a report published under subparagraph (A), of any information that is law enforcement sensitive or otherwise not suitable for public distribution.
"(II) Agency discretion.--The Attorney General and Chair of the Federal Trade Commission--
"(aa) shall consider a request made under subclause (I); and
"(bb) may, in their discretion, redact from a report published under subparagraph (A) any information pursuant to the request.";
(2) in section 2258B--
(A) by striking subsection (a) and inserting the following:
"(a) In General.--
"(1) Limited liability.--Except as provided in subsection (b), a civil claim or criminal charge described in paragraph (2) may not be brought in any Federal or State court.
"(2) Covered claims and charges.--A civil claim or criminal charge referred to in paragraph (1) is a civil claim or criminal charge against a provider or domain name registrar, including any director, officer, employee, or agent of such provider or domain name registrar, that is directly attributable to--
"(A) the performance of the reporting or preservation responsibilities of such provider or domain name registrar under this section, section
Text printed in the Record (11,572 characters)
2258A, or section 2258C;
"(B) transmitting, distributing, or mailing child pornography to any Federal, State, or local law enforcement agency, or giving such agency access to child pornography, in response to a search warrant, court order, or other legal process issued or obtained by such agency; or
"(C) the use by the provider or domain name registrar of any material being preserved under section 2258A(h) by such provider or registrar for research and the development and training of tools, undertaken voluntarily and in good faith for the sole and exclusive purpose of--
"(i) improving or facilitating reporting under this section, section 2258A, or section 2258C; or
"(ii) stopping the online sexual exploitation of children."; and
(B) in subsection (b)--
(i) in paragraph (1), by striking "; or" and inserting "or knowingly failed to comply with a requirement under section 2258A;";
(ii) in paragraph (2)(C)--
(I) by striking "sections" and inserting "this section or section"; and
(II) by striking the period and inserting "; or"; and
(iii) by adding at the end the following:
"(3) for purposes of subsection (a)(2)(C), knowingly distributed or transmitted the material, or made the material available, except as required by law, to--
"(A) any other entity;
"(B) any person not employed by the provider or domain name registrar; or
"(C) any person employed by the provider or domain name registrar who is not conducting any research described in that subsection.";
(3) in section 2258C--
(A) in the section heading, by striking "the CyberTipline" and inserting "NCMEC";
(B) in subsection (a)--
(i) in the subsection heading, by striking "Elements" and inserting "Information Sharing With Providers and Entities for the Purposes of Preventing and Curtailing the Online Sexual Exploitation of Children";
(ii) in paragraph (1)--
(I) by striking "to a provider" and inserting the following: "or submission to the Child Victim Identification Program to--
"(A) a provider";
(II) in subparagraph (A), as so designated--
(aa) by inserting "use of the provider's products or services to commit" after "stop the"; and
(bb) by striking the period at the end and inserting "; or"; and
(III) by adding at the end the following:
"(B) an entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children."; and
(iii) in paragraph (2)--
(I) in the heading, by striking "Inclusions" and inserting "Elements";
(II) by striking "unique identifiers" and inserting "similar technical identifiers";
(III) by inserting "or content, elements, or reported materials," after "visual depiction,";
(IV) by inserting a comma after "location";
(V) by striking "and any other elements"; and
(VI) by inserting "or submission to the Child Victim Identification Program" after "CyberTipline report";
(C) in subsection (b)--
(i) in the heading, by inserting "or Entities" after "Providers";
(ii) by striking "Any provider" and inserting the following:
"(1) In general.--Any provider or entity";
(iii) in paragraph (1), as so designated--
(I) by striking "receives" and inserting "obtains"; and
(II) by inserting "or submission to the Child Victim Identification Program" after "CyberTipline report"; and
(iv) by adding at the end the following:
"(2) Limitation on sharing with other entities.--A provider or entity that obtains elements under subsection (a)(1) may not distribute those elements, or make those elements available, to any other entity, except for the sole and exclusive purpose of curtailing, preventing, or stopping the online sexual exploitation of children.";
(D) in subsection (c)--
(i) by striking "subsections" and inserting "subsection";
(ii) by striking "providers receiving" and inserting "a provider or entity to obtain";
(iii) by inserting "or submission to the Child Victim Identification Program" after "CyberTipline report"; and
(iv) by striking "to use the elements to stop the online sexual exploitation of children"; and
(E) in subsection (d), by inserting "or to the Child Victim Identification Program" after "CyberTipline";
(4) in section 2258E--
(A) in paragraph (6), by striking "electronic communication service provider" and inserting "electronic communication service";
(B) in paragraph (7), by striking "and" at the end;
(C) in paragraph (8), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
"(9) the term `publicly available', with respect to a visual depiction on a provider's service, means the visual depiction can be viewed by or is accessible to all users of the service, regardless of the steps, if any, a user must take to create an account or to gain access to the service in order to access or view the visual depiction; and
"(10) the term `Child Victim Identification Program' means the program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii)).";
(5) in section 2259B(a), by inserting ", any fine or penalty collected under section 2258A(e)," after "2259A"; and
(6) by adding at the end the following:
"Sec. 2260B. Liability for certain child sexual exploitation
offenses
"(a) Offense.--It shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to--
"(1) intentionally host or store child pornography or make child pornography available to any person; or
"(2) knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b).
"(b) Penalty.--A provider of an interactive computer service that violates subsection (a)--
"(1) subject to paragraph (2), shall be fined not more than $1,000,000; and
"(2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000.
"(c) Rule of Construction.--Nothing in this section shall be construed to apply to any good faith action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement.".
(b) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code, is amended by adding at the end the following:
"2260B. Liability for certain child sexual exploitation offenses.". (c) Effective Date for Amendments to Reporting Requirements of Providers.--The amendments made by subsection (a)(1) of this section shall take effect on the date that is 120 days after the date of enactment of this Act.
SEC. 6069B. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE
CHILD SEXUAL EXPLOITATION.
(a) Statement of Intent.--Nothing in this section shall be construed to abrogate or narrow any case law concerning section 2255 of title 18, United States Code.
(b) Civil Remedy for Personal Injuries.--Section 2255(a) of title 18, United States Code, is amended--
(1) by striking "In General.--Any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue" and inserting the following: "Private Right of Action.--
"(1) In general.--Any person described in subparagraph (A), (B), or (C) of paragraph (2) who suffers personal injury as a result of a violation described in that subparagraph, regardless of whether the injury occurred while such person was a minor, may bring a civil action"; and
(2) by adding at the end the following:
"(2) Eligible persons.--Paragraph (1) shall apply to any person--
"(A) who, while a minor, was a victim of--
"(i) a violation of section 1589, 1590, 1591, 2241, 2242, 2243, 2251, 2251A, 2260(a), 2421, 2422, or 2423;
"(ii) an attempt to violate section 1589, 1590, or 1591 under section 1594(a);
"(iii) a conspiracy to violate section 1589 or 1590 under section 1594(b); or
"(iv) a conspiracy to violate section 1591 under section 1594(c);
"(B) who--
"(i) is depicted as a minor in child pornography; and
"(ii) is a victim of a violation of 2252, 2252A, or 2260(b) (regardless of when the violation occurs); or
"(C) who--
"(i) is depicted as an identifiable minor in a visual depiction described in section 1466A; and
"(ii) is a victim of a violation of that section (regardless of when the violation occurs).".
(c) Civil Remedy Against Online Platforms and App Stores.--
(1) In general.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2255 the following:
"Sec. 2255A. Additional remedy for certain victims of child
pornography or child sexual exploitation
"(a) In General.--
"(1) Promotion or aiding and abetting of certain violations.--Any person who is a victim of the intentional, knowing, or reckless promotion, or aiding and abetting, of a violation of section 1591 or 1594(c) (involving a minor), or section 2251, 2251A, 2252, 2252A, or 2422(b), where such promotion, or aiding and abetting, is by a provider of an interactive computer service or an app store, and who suffers personal injury as a result of such promotion or aiding and abetting, regardless of when the injury occurred, may bring a civil action in any appropriate United States District Court for relief set forth in subsection (b).
"(2) Activities involving child pornography.--Any person who is a victim of the intentional, knowing, or reckless hosting or storing of child pornography or making child pornography available to any person by a provider of an interactive computer service, and who suffers personal injury as a result of such hosting, storing, or making available, regardless of when the injury occurred, may bring a civil action in any appropriate United States District Court for relief set forth in subsection (b).
"(b) Relief.--In a civil action brought by a person under subsection (a)--
"(1) the person shall recover the actual damages the person sustains or liquidated damages in the amount of $300,000, and the cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred; and
"(2) the court may, in addition to any other relief available at law, award punitive damages and such other preliminary and equitable relief as the court determines to be appropriate, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease the offending conduct.
"(c) Statute of Limitations.--There shall be no time limit for the filing of a complaint commencing an action under subsection (a).
"(d) Venue; Service of Process.--
"(1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28.
"(2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant--
"(A) is an inhabitant; or
"(B) may be found.
"(e) Relation to Section 230 of the Communications Act of 1934.--Nothing in section 230 of the Communications Act of 1934 (47 U.S.C.
Text printed in the Record (11,485 characters)
230) shall be construed to impair or limit any claim brought under subsection (a).
"(f) Rules of Construction.--
"(1) Applicability to legal process or obligation.--Nothing in this section shall be construed to apply to any good faith action that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement.
"(2) Application of section 2258b.--A civil action brought under subsection (a) shall be subject to section 2258B.
"(g) Encryption Technologies.--
"(1) In general.--None of the following actions or circumstances shall serve as an independent basis for liability under subsection (a):
"(A) Utilizing full end-to-end encrypted messaging services, device encryption, or other encryption services.
"(B) Not possessing the information necessary to decrypt a communication.
"(C) Failing to take an action that would otherwise undermine the ability to offer full end-to-end encrypted messaging services, device encryption, or other encryption services.
"(2) Consideration of evidence.--Evidence of actions or circumstances described in paragraph (1) shall be admissible in a civil action brought under subsection (a) if--
"(A) the actions or circumstances are relevant under rules 401 and 402 of the Federal Rules of Evidence to--
"(i) prove motive, intent, preparation, plan, absence of mistake, or lack of accident; or
"(ii) rebut any evidence or factual or legal claim; and
"(B) the actions or circumstances--
"(i) are otherwise admissible under the Federal Rules of Evidence; and
"(ii) are not subject to exclusion under rule 403 or any other rule of the Federal Rules of Evidence.
"(3) No effect on discovery.--Nothing in paragraph (1) or (2) shall be construed to create a defense to a discovery request or otherwise limit or affect discovery in any civil action brought under subsection (a).
"(h) Defense.--In a civil action under subsection (a)(2) involving knowing or reckless conduct, it shall be a defense at trial, which the provider of an interactive computer service must establish by a preponderance of the evidence as determined by the finder of fact, that--
"(1) the provider disabled access to or removed the child pornography within a reasonable timeframe, and in any event not later than 48 hours after obtaining knowledge that the child pornography was being hosted, stored, or made available by the provider (or, in the case of a provider that, for the most recent calendar year, averaged fewer than 10,000,000 active users on a monthly basis in the United States, within a reasonable timeframe, and in any event not later than 2 business days after obtaining such knowledge);
"(2) the provider exercised a reasonable, good faith effort to disable access to or remove the child pornography but was unable to do so for reasons outside the provider's control; or
"(3) it is technologically impossible for the provider to disable access to or remove the child pornography without compromising encryption technologies.
"(i) Sanctions for Repeated Bad Faith Civil Actions or Defenses.--
"(1) Definitions.--In this subsection:
"(A) Bad faith civil action.--The term `bad faith civil action' means a civil action brought under subsection (a) in bad faith where the finder of fact determines that at the time the civil action was filed, the party, attorney, or law firm described in paragraph (2) had actual knowledge that--
"(i) the alleged conduct did not involve any minor; or
"(ii) the alleged child pornography did not depict--
"(I) any minor; or
"(II) sexually explicit conduct, sexual suggestiveness, full or partial nudity, or implied sexual activity.
"(B) Bad faith defense.--The term `bad faith defense' means a defense in a civil action brought under subsection (a) raised in bad faith where the finder of fact determines that at the time the defense was raised, the party, attorney, or law firm described in paragraph (3) had actual knowledge that the defense--
"(i) was made solely for the purpose of delaying the civil action or increasing the costs of the civil action; or
"(ii) was objectively baseless in light of the applicable law or facts at issue.
"(2) Bad faith civil action.--In the case of a civil action brought under subsection (a), the court may impose sanctions on--
"(A) the party bringing the civil action if the court finds that the party has brought 2 or more bad faith civil actions (which may include the instant civil action); or
"(B) an attorney or law firm representing the party bringing the civil action if the court finds that the attorney or law firm has represented--
"(i) a party who has brought 2 or more bad faith civil actions (which may include the instant civil action); or
"(ii) 2 or more parties who have each brought a bad faith civil action (which may include the instant civil action).
"(3) Bad faith defense.--In the case of a civil action brought under subsection (a), the court may impose sanctions on--
"(A) the party defending the civil action if the court finds that the party has raised 2 or more bad faith defenses (which may include 1 or more defenses raised in the instant civil action); or
"(B) an attorney or law firm representing the party defending the civil action if the court finds that the attorney or law firm has represented--
"(i) a party who has raised 2 or more bad faith defenses (which may include 1 or more defenses raised in the instant civil action); or
"(ii) 2 or more parties who have each raised a bad faith defense (which may include a defense raised in the instant civil action).
"(4) Implementation.--Rule 11(c) of the Federal Rules of Civil Procedure shall apply to sanctions imposed under this subsection in the same manner as that rule applies to sanctions imposed for a violation of rule 11(b) of those Rules.
"(5) Rules of construction.--
"(A) Rule 11.--This subsection shall not be construed to limit or expand the application of rule 11 of the Federal Rules of Civil Procedure.
"(B) Definition change.--Paragraph (1)(A)(ii) shall not be construed to apply to a civil action affected by a contemporaneous change in the law with respect to the definition of `child pornography'.
"(j) Definitions.--In this section:
"(1) App.--The term `app' means a software application or electronic service that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device.
"(2) App store.--The term `app store' means a publicly available website, software application, or other electronic service that--
"(A) distributes apps from third-party developers to users of a computer, a mobile device, or any other general purpose computing device; and
"(B) operates--
"(i) through the use of any means or facility of interstate or foreign commerce; or
"(ii) in or affecting interstate or foreign commerce.
"(3) Interactive computer service.--The term `interactive computer service' means an interactive computer service, as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)), that operates--
"(A) through the use of any means or facility of interstate or foreign commerce; or
"(B) in or affecting interstate or foreign commerce.
"(k) Savings Clause.--Nothing in this section, including the defenses under this section, shall be construed to apply to any civil action brought under any other Federal law, rule, or regulation, including any civil action brought against a provider of an interactive computer service or an app store under section 1595 or 2255.".
(2) Clerical amendment.--The table of sections for chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2255 the following:
"2255A. Additional remedy for certain victims of child pornography or child sexual exploitation.".
SEC. 6069C. SEVERABILITY.
If any provision of this subtitle, an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle and the amendments made by this subtitle, and the application of the provision or amendment to any other person or circumstance, shall not be affected.
SEC. 6069D. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND
TRIBAL LAW.
(a) Federal Law.--Nothing in this subtitle or the amendments made by this subtitle, nor any rule or regulation issued pursuant to this subtitle or the amendments made by this subtitle, shall affect or diminish any right or remedy for a victim of child pornography or child sexual exploitation under any other Federal law, rule, or regulation, including any claim under section 2255 of title 18, United States Code, with respect to any individual or entity.
(b) State or Tribal Law.--Nothing in this subtitle or the amendments made by this subtitle, nor any rule or regulation issued pursuant to this subtitle or the amendments made by this subtitle, shall--
(1) preempt, diminish, or supplant any right or remedy for a victim of child pornography or child sexual exploitation under any State or Tribal common or statutory law; or
(2) prohibit the enforcement of a law governing child pornography or child sexual exploitation that is at least as protective of the rights of a victim as this subtitle and the amendments made by this subtitle.
SEC. 6071. SHORT TITLE.
This subtitle may be cited as the "Space Ready Act".
SEC. 6072. DEFINITIONS.
In this subtitle:
(1) Administration.--The term "Administration" means the National Aeronautics and Space Administration.
(2) Administrator.--The term "Administrator" means the Administrator of the National Aeronautics and Space Administration.
(3) Common use infrastructure.--The term "common use infrastructure"--
(A) means any infrastructure that benefits 1 or more NASA Center users;
(B) includes roadways and commodities pipelines and portions of roadways and commodities pipelines; and
(C) does not include any infrastructure that solely benefits the National Aeronautics and Space Administration.
(4) NASA.--The term "NASA" means the National Aeronautics and Space Administration.
(5) Project.--The term "project" means any work performed in support of a common activity or infrastructure effort under 1 or more common use infrastructure agreements entered into pursuant to this subtitle, regardless of whether such work is conducted pursuant to a single agreement or multiple separate agreements with different commercial entities.
SEC. 6073. PILOT PROGRAM FOR INFRASTRUCTURE INVESTMENTS AT
NASA CENTERS.
(a) Pilot Program.--The Administrator may conduct a pilot program for private and public investment in specific infrastructure projects at 1 or more NASA Centers.
(b) Agreements in Support of Common Use Infrastructure Projects.--
(1) Funding.--
(A) Voluntary infrastructure contributions.--The Administrator may enter into agreements under section 20113(e) of title 51, United States Code, involving transactions that support public and commercial activities at 1 or more NASA Centers, and such agreements may include the authority to collect voluntary infrastructure contributions to fund specific capital repair, maintenance, and improvement projects described in paragraph (2), but no contribution may be collected or accepted, and no agreement authorizing the collection of such contributions may be executed, except to the extent and in such amounts as provided in advance in an appropriations Act.
Text printed in the Record (9,512 characters)
Any contributions so collected shall be available only to the extent and in such amounts as provided in advance in appropriations Acts, and shall be subject to the same purposes, terms, and conditions as amounts otherwise appropriated to the account.
(B) Transparency.--
(i) Cost and schedule estimates.--In any agreement that includes the means for voluntary contributions described in this section, the Administrator shall establish a reasonable cost and schedule baseline for each project.
(ii) Project completion.--At the conclusion of each designated project, the Administrator shall provide each contributing commercial entity with a final project cost, including a breakdown of cost sharing between government and commercial entities.
(C) Project costs and timelines.--The Administrator shall--
(i) to the maximum extent practicable, ensure that the projects described in this section are completed within the cost estimates and timelines established under subparagraph (B)(i); and
(ii) exercise streamlined acquisition procedures to the maximum extent allowed by law.
(D) Cost-sharing.--The Administrator shall ensure that any agreement entered into with a commercial entity under subparagraph (A) provides that, at the conclusion of the project, any funds contributed by the commercial entity that remain unexpended shall be returned to such entity in proportion to the amount originally contributed by the partner.
(E) Nonconditioning of agreements.--The Administrator shall not withhold execution of any agreement under section 20113(e) of title 51, United States Code, or deny a lease or other authorization for commercial activities on the basis of a failure to reach agreement on the amount or terms of contributions described in this section.
(F) Requirements with respect to agreements.--Each agreement entered into with a commercial entity under subparagraph (A) shall, on a case-by-case basis--
(i) address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement;
(ii) include a provision that the commercial entity will not recover the costs of its contribution through any other agreement with the United States; and
(iii) include a provision that mutually determines which entity covers costs in the event of cost overruns or project delays.
(G) CECR funds.--
(i) In general.--As provided in advance in appropriations Acts, the Administrator is authorized to use amounts otherwise made available within the Construction and Environmental Compliance and Restoration account to fulfill the obligations entered into by the Administrator under agreements pursuant to this section.
(ii) Receipt of funds.--Contributions may be collected only as provided in subparagraph (A). Private contributions deposited into the Construction and Environmental Compliance and Restoration account shall be available only to the extent and in such amounts as provided in advance in appropriations Acts, and shall be subject to the same purposes, terms, and conditions as amounts otherwise appropriated to the account.
(H) Contributions from other entities.--The Administrator may enter into agreements for voluntary contributions from other entities, including Federal, State, or local authorities, for the purpose of funding projects.
(I) Direct agreements.--
(i) Rule of construction.--Nothing in this subtitle may be construed to restrict the Administrator from entering into direct agreements under section 20113(e) of title 51, United States Code, with entities to perform work within a NASA Center separate from the activities funded through projects.
(ii) Prioritization.--The Administrator shall prioritize such direct agreements in instances in which required work would be completed more expeditiously or at a lower cost than through the pilot program described in this section.
(iii) Direct contributions.--The Administrator may make direct financial or in-kind contributions to projects undertaken by commercial entities under agreements entered into under clause (i), as the Administrator considers appropriate to support common use infrastructure at a NASA Center.
(2) Use of funds.--
(A) In general.--Contributions proffered by entities under agreements in support of projects shall be used by the Administrator to conduct capital repairs, maintenance, and improvements to NASA-owned infrastructure at a NASA Center, as the Administrator considers necessary to support activities conducted under agreements entered into under section 20113(e) of title 51, United States Code, which may include renovation, rehabilitation, sustainment, demolition, construction, operation, maintenance, repair, enhancement, expansion, and modernization of NASA-owned infrastructure at a NASA Center.
(B) Consultation.--The Administrator shall consult and partner with other Federal, State, and local public entities--
(i) to ensure that such projects are not duplicative; and
(ii) to identify opportunities for projects to provide increased capability or capacity to users.
(C) Treatment of improvements.--Improvements made to NASA-owned infrastructure at a NASA Center with amounts made available under a voluntary agreements under this section shall be property of the United States, unless the Administrator determines that transferring ownership of such improvements would be in the best interests of the United States.
(D) Unexpended contributions.--For any voluntary contributions from a commercial entity designated to a specific project that are not fully expended on that project within 90 days of the project becoming operational, the Administrator shall, at the election of the contributing commercial entity--
(i) refund the unexpended portion to the entity; or
(ii) allow the commercial entity to redesignate the funds to another eligible project under this subsection.
(3) Annual report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on projects conducted under this section that includes the following:
(A) For the preceding calendar year, the total amount of expenditures on projects by NASA and industry.
(B) The proposed uses of amounts contributed by NASA and industry for the operating plans of the Administration.
(C) Additional recommendations for efforts to streamline or reduce costs for each agreed upon project described in this section.
(4) Updates.--Not less frequently than every 2 years, the Administrator, in collaboration with commercial entities, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives interim milestone updates relating to the pilot program under this section.
(5) Termination.--
(A) In general.--The authority to collect voluntary contributions under paragraph (1)(A) shall terminate on December 31, 2031.
(B) Rule of construction.--The termination under subparagraph (A) of the authority to collect voluntary contributions may not be construed to otherwise affect the validity or terms of agreements under section 20113(e) of title 51, United States Code, or the retention or use by the Administration of proceeds from such agreements.
(6) Prohibition on new budget authority.--Nothing in this subtitle may be construed to provide new budget authority to incur obligations in advance of appropriations.
SEC. 6081. SHORT TITLE.
This subtitle may be cited as the "Chip Security Act".
SEC. 6082. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) technology developed in the United States should serve as the foundation for the global ecosystem of artificial intelligence to advance the foreign policy and national security objectives of the United States and allies and partners of the United States;
(2) the United States can foster goodwill, strengthen relationships, and support innovative research around the world by providing allies and partners of the United States with advanced computing capabilities;
(3) advanced integrated circuits and computing hardware that are exported from the United States must be protected from diversion, theft, and other unauthorized use or exploitation in order to bolster the competitiveness of the United States and protect the national security of the United States;
(4) illegal diversion of advanced integrated circuits and computing hardware, particularly illegal diversion to the People's Republic of China and the Russian Federation, is a significant and growing issue that undermines the United States' export controls and threatens the United States' national security;
(5) implementing chip security mechanisms will improve enforcement of export control laws of the United States, assist allies and partners with guarding computing hardware, and enhance protections from bad actors looking to access, divert, or tamper with advanced integrated circuits and computing hardware; and
(6) implementing chip security mechanisms may help with the detection of smuggling or exploitation of advanced integrated circuits and computing hardware, thereby allowing for increased flexibility in export controls and opening the door for more international partners to receive streamlined and larger shipments of advanced computing hardware.
SEC. 6083.
Text printed in the Record (7,645 characters)
DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs of the House of Representatives.
(2) Chip security mechanism.--The term "chip security mechanism" means, with respect to a covered integrated circuit product, a software-, firmware-, or hardware-enabled security mechanism or a physical security mechanism, including--
(A) periodic on-site audits or inventories at the end-user's approved destination for the covered integrated circuit product;
(B) periodic attestations by a U.S.-headquartered entity, or its subsidiaries, confirming that all covered integrated circuit products are accounted for, provided the Under Secretary approves the attestations;
(C) except in the case of a covered integrated circuit product whose sole or principal function is memory or storage, ping-based location verification through a trusted landmark server utilizing secure software- or firmware-enabled mechanisms; or
(D) various other mechanisms, or combinations of mechanisms, that the Under Secretary determines can verifiably demonstrate with significant confidence that the covered integrated circuit product has not been illegally diverted to a destination of concern.
(3) Covered integrated circuit product.--
(A) In general.--The term "covered integrated circuit product" means a certain integrated circuit, computer, or other product classified under Export Control Classification Number 3A090, 4A090, 5A002.z, related .z Export Control Classification Numbers, or other functionally equivalent or substantially similar items.
(B) Modification.--The Under Secretary shall routinely modify the definition of the term "covered integrated circuit product" under subparagraph (A) for the purposes of this subtitle to ensure only integrated circuits, computers, electronic assembly, or components designed or marketed for datacenter use are subject to the requirements of this subtitle.
(C) Exclusion.--The term "covered integrated circuit" does not include--
(i) covered integrated circuits or products containing a covered integrated circuit that are not designed or marketed for use in a data center;
(ii) microprocessor microcircuits, such as central processing units, that are not graphics processing units or similar products; or
(iii) network switch integrated circuits whose dominant function is routing traffic over a computing network.
(4) Destination of concern.--The term "destination of concern" means--
(A) a country subject to a United States arms embargo as described in section 126.1 of title 22, Code of Federal Regulations; or
(B) any other country determined by the Under Secretary.
(5) Export, in-country transfer, and reexport.--The terms "export", "in-country transfer", and "reexport" have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(6) Under secretary.--The term "Under Secretary" means the Under Secretary of Commerce for Industry and Security.
SEC. 6084. RULES OF CONSTRUCTION.
Nothing in this subtitle may be construed to direct the Under Secretary--
(1) to require any chip security mechanisms that--
(A) may hinder the capability or functionality of a covered integrated circuit product, such as a kill switch or geofencing mechanism; or
(B) meaningfully undermine the cybersecurity of the covered integrated circuit product;
(2) to mandate the incorporation of a location verification mechanism on a covered integrated circuit product that requires physical changes to hardware;
(3) to consider any chip security mechanism requirements of this subtitle as applicable to a person that fabricates covered integrated circuit products, unless the person also designs the respective covered integrated circuit products;
(4) to require chip security mechanisms for exports of integrated circuits, computers, electronic assemblies, or components that are not designed or marketed for artificial intelligence datacenter use;
(5) to limit any other enforcement authority of the Under Secretary or the head of any other Federal department or agency under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) or any other provision of law; or
(6) to apply any requirements or regulations under this subtitle to any covered integrated circuit products in the United States.
SEC. 6085. INITIAL REPORT TO CONGRESS ON CHIP SECURITY
MECHANISMS.
(a) Assessment.--On the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy and in robust consultation with the public in a manner determined appropriate by the Under Secretary and in consultation with the heads of other relevant Federal departments and agencies, shall initiate an assessment--
(1) to identify potential chip security mechanisms to enable reliable verification of whether a covered integrated circuit product has been illegally diverted or accessed;
(2) to develop incentives for facilitating industry-wide incorporation of such chip security mechanisms;
(3) to conduct an analysis of the potential costs associated with implementing such chip security mechanisms; and
(4) to recommend a set of chip security mechanisms that would effectively detect diversion and smuggling and is technically feasible, cost-effective, and ensures the technology leadership of the United States.
(b) Stakeholder Engagement.--In carrying out the requirements under subsection (a), the Under Secretary shall undertake a robust stakeholder engagement process to inform the development and implementation of chip security mechanisms, which shall include--
(1) soliciting input from relevant stakeholders, including--
(A) private sector entities involved in the covered integrated circuit product supply chain;
(B) experts in software, firmware, hardware security, cybersecurity, privacy, export compliance, national security, and advanced artificial intelligence; and
(C) individuals from academic institutions, federally funded research and development centers, Federal departments and agencies, and other research organizations with relevant expertise; and
(2) incorporating stakeholder feedback to ensure that required chip security mechanisms are operationally effective, scalable, and aligned with best practices in security, privacy, and export compliance.
(c) Report to Congress.--
(1) In general.--Not later than 210 days after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate congressional committees a report on the results of the assessment required by subsection (a), including--
(A) an identification of the chip security mechanisms the Under Secretary plans to propose pursuant to implementing section 6086;
(B) an identification of future research and development directions that could be used to enhance robustness of chip security mechanisms and incentives to promote such research and development directions;
(C) a roadmap for the timely implementation of the chip security mechanisms; and
(D) any recommendations for potential modifications to relevant export controls to allow for more flexibility with respect to the countries to or in which covered integrated circuit products may be exported, reexported, or in-country-transferred if the products include chip security mechanisms.
(2) Form.--The report required in this subsection shall be submitted in unclassified form but may include a classified annex.
SEC. 6086.
Text printed in the Record (11,942 characters)
REQUIREMENTS FOR CHIP SECURITY MECHANISMS FOR
EXPORT, RE-EXPORT, OR IN-COUNTRY TRANSFER OF
COVERED INTEGRATED CIRCUIT PRODUCTS.
(a) Primary Requirements.--
(1) In general.--Not later than one year after the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall require any covered integrated circuit product that is exported, reexported, or in-country
transferred to or within a foreign country to be secured by a chip security mechanism that enables reliable verification of whether the product has been illegally diverted to destinations of concern, to the extent consistent with the recommendations transmitted pursuant to section 6085, using techniques that are feasible and appropriate on such date of enactment.
(2) Adaptation of requirement for geographical differences.--In implement the requirements of paragraph (1), the Under Secretary may select chip security mechanisms that vary by geographical region and by party, as the Under Secretary deems appropriate to support national security and foreign policy.
(3) Proposed regulations.--
(A) In general.--Not later than 270 days after the date of the enactment of this Act, the Under Secretary shall promulgate proposed regulations implementing the requirements of paragraph (1).
(B) Requirements.--In promulgating the proposed regulations under subparagraph (A), the Under Secretary shall--
(i) solicit public feedback on potential guidance to clarify the categories of persons subject to this requirement, how information should be securely shared between entities, and the procedures for submission of such notifications, in order to ensure clarity regarding compliance obligations and implementation; and
(ii) issue guidance to clarify how the regulations can be applied in nations with data localization laws or data privacy laws, providing flexibility if such laws require novel or flexible approaches.
(4) Rule promulgation.--Not later than one year after the date of the enactment of this Act, the Under Secretary, in robust consultation with the public in a manner determined appropriate by the Under Secretary and in consultation with the heads of other relevant Federal departments and agencies, shall promulgate a rule that includes a reporting requirement to inform the Bureau of Industry and Security of the Department of Commerce whenever chip security mechanisms fail to confirm that any covered integrated circuit product has not been illegally diverted to a destination of concern, taking into account reasonable time for persons to verify or repair the chip security mechanism, identified in the rule, including instances in which there is evidence that a product has been subjected to tampering or an attempt at tampering, including efforts to disable, spoof, falsify, manipulate, mislead, or circumvent chip security mechanisms.
(5) Stakeholder engagement.--In carrying out this subsection, the Under Secretary shall undertake a robust stakeholder engagement process to inform the development and implementation of chip security mechanisms, which shall include--
(A) soliciting input from relevant stakeholders, including--
(i) private sector entities involved in the covered integrated circuit product supply chain;
(ii) experts in software, firmware, and hardware security, cybersecurity, privacy, export compliance, national security, and advanced artificial intelligence; and
(iii) individuals from academic institutions, federally funded research and development centers, Federal departments and agencies, and other research organizations with relevant expertise; and
(B) incorporating stakeholder feedback to ensure that required chip security mechanisms are operationally effective, scalable, and aligned with best practices in security, privacy, and export compliance.
(b) Enhancements to Chip Security Mechanisms.--
(1) Assessment.--
(A) In general.--Not later than two years after the date of the enactment of this Act, and annually thereafter for three years, the Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, shall--
(i) conduct an assessment, in robust consultation with the public in a manner determined appropriate by the Under Secretary and in consultation with the heads of other relevant Federal departments and agencies, to identify what enhancements, if any, should be used to improve the chip security mechanisms implemented under subsection (a)(1)--
(I) to enhance compliance with the requirements of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.);
(II) to detect the illegal diversion of covered integrated circuit products;
(III) to identify and monitor smuggling intermediaries;
(IV) to ensure United States technology leadership;
(V) to ensure the orderly and effective implementation of the chip security mechanism; and
(VI) to address industry feedback about the implementation of the chip security mechanism;
(ii) if the Under Secretary identifies any such enhancements, develop incentives for facilitating industry-wide incorporation of such enhancements for covered integrated circuit products; and
(iii) where necessary, to expedite the implementation of such enhancements and identify and support research activities, such as--
(I) updating and clarifying relevant vulnerability and threat models;
(II) developing definitions, assets, and other practices to support traceability and provenance of materials and data across the product lifecycle;
(III) developing updated databases of existing trust and assurance data practices; and
(IV) developing practices for implementing chip security mechanisms and sharing relevant information across the product life cycle while protecting confidential intellectual property.
(B) Elements.--The assessment required by subparagraph (A) shall include--
(i) an examination of the feasibility, reliability, and effectiveness of--
(I) methods and strategies that prevent the tampering, disabling, or other manipulating of covered integrated circuit products; and
(II) any other method the Under Secretary determines appropriate for the prevention of unauthorized use, access, or exploitation of covered integrated circuit products;
(ii) an analysis of--
(I) the potential costs associated with implementing each method examined under clause (i), including an analysis of--
(aa) the potential impact of the method on the performance of covered integrated circuit products; and
(bb) the potential for the introduction of new vulnerabilities into the products;
(II) the potential benefits of implementing the methods examined under clause (i), including an analysis of the potential increase--
(aa) in compliance of covered integrated circuit products with the requirements of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.);
(bb) in detecting and deterring illegal diversion of the covered integrated circuit products; and
(cc) in enhancing persons' global inventory management; and
(III) the susceptibility of the methods examined under clause (i) to tampering, disabling, or other forms of manipulation; and
(iii) an estimate of the expected costs to implement at-scale methods to tamper with, disable, or manipulate a covered integrated circuit product, or otherwise circumvent the methods examined under clause (i).
(2) Report to congress.--
(A) In general.--Not later than two years after the date of the enactment of this Act, and annually thereafter for three years, the Under Secretary shall submit to the appropriate congressional committees a report on the results of the assessment required by paragraph (1), including--
(i) an identification of the chip security mechanisms, if any, to be included in the requirements for enhanced chip security mechanisms;
(ii) an identification of research and development directions that could be used to improve the robustness of chip security mechanisms and incentives to promote such research and development directions;
(iii) if applicable, a roadmap for the timely implementation of the enhanced chip security mechanisms; and
(iv) any recommendations for modifications to relevant export controls to allow for more flexibility with respect to the countries to or in which covered integrated circuit products may be exported, reexported, or in-country transferred if the products include enhanced chip security mechanisms.
(B) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(3) Implementation.--
(A) In general.--If any enhanced chip security mechanisms identified pursuant to paragraph (1)(A) are determined by the Under Secretary to be appropriate, the Under Secretary may, not later than two years after the date on which the Under Secretary completes the assessment required by paragraph (1), require any covered integrated circuit product to incorporate the enhanced chip security mechanisms, or for additional mechanisms to be otherwise implemented, at the time the product is exported, reexported, or in-country transferred to or in a foreign country.
(B) Privacy and cybersecurity.--In assessing and developing requirements for enhanced chip security mechanisms under this subsection, the Under Secretary shall prioritize mitigation of confidentiality and cybersecurity risk.
(c) Enforcement Authority.--In addition to the penalty and enforcement authorities granted to the Under Secretary under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) or otherwise provided by law, in carrying out this section, the Under Secretary may--
(1) verify, in a manner the Under Secretary determines appropriate, the ownership and location of a covered integrated circuit product that has been exported, reexported, or in-country transferred to or in a foreign country;
(2) maintain a record of covered integrated circuit products and include in the record the location and current end-user of each such product; and
(3) require any person involved in the design, manufacture, sale, physical security, oversight, distribution, export, or licensed transfer of a covered integrated circuit product being exported, re-exported, or in-country-transferred to a foreign country to provide the information needed to maintain the record (such as essential information relating to the chip security mechanisms, or the end-user of covered integrated circuit products located outside of the United States).
(d) Foreign Competitiveness Assessment and Related Authorities.--
(1) In general.--The Under Secretary shall annually assess the competitiveness of foreign covered integrated circuit products in relation to United States covered integrated circuit products.
(2) Waiver.--The Under Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the Secretary of Energy, is authorized to waive any requirements of this subtitle if the Under Secretary, in consultation with such Secretaries, determines that the implementation of chip security mechanisms poses an undue burden on United States competitiveness, is inconsistent with the national security interests of the United States, and that exercising any and all authorities under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) insufficiently addressed issues arising from the presence of sufficient volume of foreign covered integrated circuit products not covered by the requirements of this subtitle.
(3) Congressional notification.--At least 30 days prior to exercising the waiver described in paragraph (2), the Under Secretary shall provide a written notification to the appropriate congressional committees containing detailed quantitative analysis demonstrating the rationale for the waiver and that exercising any and all authorities under the Export Control Reform Act of 2018 (50 U.S.C.
Text printed in the Record (10,696 characters)
4801 et seq.) insufficiently addressed issues arising from the presence of sufficient volume of foreign covered integrated circuit products not covered by the requirements of this subtitle.
(e) Enforcement.--A violation of any provision of this subtitle, or of any regulation, order, license, or other authorization issued pursuant to this subtitle shall be deemed a violation of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.).
(f) Administrative Procedures and Confidentiality of Information.--The provisions of sections 1762 and 1761(h) of the Export Control Reform Act of 2018 (50 U.S.C. 4821 and 4820(h)) shall apply to this subtitle in the same manner and to the same extent as such provisions apply to the Export Control Reform Act of 2018.
SEC. 6091. SHORT TITLE.
This subtitle may be cited as the or the "FISH Act of 2025".
SEC. 6092. DEFINITIONS.
In this subtitle:
(1) Administrator.--Unless otherwise provided, the term "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator.
(2) Beneficial owner.--The term "beneficial owner" means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise--
(A) exercises substantial control over the vessel; or
(B) owns not less than 50 percent of the ownership interests in the vessel.
(3) Fish.--The term "fish" means finfish, crustaceans, and mollusks.
(4) Forced labor.--The term "forced labor" has the meaning given that term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(5) IUU fishing.--The term "IUU fishing" means activities described as illegal fishing, unreported fishing, and unregulated fishing in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001.
(6) Regional fisheries management organization.--The terms "regional fisheries management organization" and "RFMO" have the meaning given the terms in section 303 of the Port State Measures Agreement Act of 2015 (16 U.S.C. 7402).
(7) Seafood.--The term "seafood" means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds.
(8) Secretary.--Unless otherwise provided, the term "Secretary" means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator.
SEC. 6093. STATEMENT OF POLICY.
It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, communities that engage in artisanal or subsistence fishing, fishers, and the private sector, in a concerted effort--
(1) to continue the broad effort across the Federal Government to counter IUU fishing, including any potential links to forced labor, human trafficking, and other threats to maritime security, as outlined in sections 3533 and 3534 of the Maritime SAFE Act (16 U.S.C. 8002 and 8003); and
(2) to, additionally--
(A) prioritize efforts to prevent IUU fishing at its sources; and
(B) support continued implementation of the Central Arctic Ocean Fisheries agreement, as well as joint research and follow-on actions that ensure sustainability of fish stocks in Arctic international waters.
SEC. 6094. ESTABLISHMENT OF AN IUU VESSEL LIST.
Section 608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) is amended by striking subsections (c) and (d) and inserting the following:
"(c) IUU Vessel List.--
"(1) In general.--The Secretary, in coordination with the Secretary of State, the Secretary of Labor, and the heads of other relevant agencies, shall develop, maintain, and make public a list of foreign vessels, foreign fleets, and beneficial owners of foreign vessels or foreign fleets engaged in IUU fishing or fishing-related activities in support of IUU fishing (referred to in this section as the `IUU vessel list').
"(2) Inclusion on list.--The IUU vessel list shall include any foreign vessel, foreign fleet, or beneficial owner of a foreign vessel or foreign fleet for which the Secretary determines there is clear and convincing evidence to believe that a foreign vessel is any of the following (even if the Secretary has only partial information regarding the vessel):
"(A) A vessel listed on an IUU vessel list of an international fishery management organization.
"(B) A vessel knowingly taking part in fishing that undermines the effectiveness of an international fishery management organization's conservation and management measures, including a vessel--
"(i) exceeding applicable international fishery management organization catch limits; or
"(ii) that is operating inconsistent with relevant catch allocation arrangements of the international fishery management organization, even if operating under the authority of a foreign country that is not a member of the international fishery management organization.
"(C) A vessel, either on the high seas or in the exclusive economic zone of another country, identified and reported by United States authorities to an international fishery management organization to be conducting IUU fishing when the United States has reason to believe the foreign country to which the vessel is registered or documented is not addressing the allegation.
"(D) A vessel, fleet, or beneficial owner of a vessel or fleet on the high seas identified by United States authorities to be conducting IUU fishing.
"(E) A vessel that knowingly provides services (excluding emergency or enforcement services) to a vessel that is on the IUU vessel list, including transshipment, resupply, refueling, or pilotage.
"(F) A vessel that is a fishing vessel engaged in commercial fishing within the exclusive economic zone of the United States without a permit issued under title II of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821 et seq.).
"(G) A vessel that has the same beneficial owner as another vessel on the IUU vessel list at the time of the infraction.
"(3) Nominations to be put on the iuu vessel list.--The Secretary may receive nominations for putting a vessel on the IUU vessel list from--
"(A) the head of an executive branch agency that is a member of the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031);
"(B) a country that is a member of the Combined Maritime Forces; or
"(C) civil organizations that have data-sharing agreements with a member of the Interagency Working Group on IUU Fishing.
"(4) Procedures for addition.--
"(A) In general.--The Secretary may put a vessel on the IUU vessel list only after notification to the vessel's beneficial owner and a review of any information that the owner provides within 90 days of the notification.
"(B) Hearing.--A beneficial owner may request a hearing on the evidence if the owner's vessel is placed on the IUU vessel list under subparagraph (A) and may present new evidence to the Interagency Working Group on IUU Fishing described in paragraph (3)(A). Such Working Group shall review the new evidence and vote on whether the vessel shall remain on the IUU vessel list or not.
"(5) Public information.--The Secretary shall publish its procedures for adding vessels on, and removing vessels from, the IUU vessel list. The Secretary shall publish the IUU vessel list itself in the Federal Register annually and on a website, which shall be updated any time a vessel is added to the IUU vessel list, and include the following information (as much as is available and confirmed) for each vessel on the IUU vessel list:
"(A) The name of the vessel and previous names of the vessel.
"(B) The International Maritime Organization (IMO) number of the vessel, or other Unique Vessel Identifier (such as the flag state permit number or authorized vessel number issued by an international fishery management organization).
"(C) The maritime mobile service identity number and call sign of the vessel.
"(D) The business or corporate address of each beneficial owner of the vessel.
"(E) The country where the vessel is registered or documented, and where it was previously registered if known.
"(F) The date of inclusion on the IUU vessel list of the vessel.
"(G) Any other Unique Vessel Identifier (UVI), if applicable.
"(H) Any other identifying information on the vessel, as determined appropriate by the Secretary.
"(I) The basis for the Secretary's inclusion of the vessel on the IUU vessel list under paragraph (2).
"(d) Action.--The Secretary may take the action described in subsection (c)(2) of this section in effect on the day before the date of enactment of the against a vessel on the IUU vessel list, the owner of such vessel, and the operator of such vessel.
"(e) Permanency of IUU Vessel List.--
"(1) In general.--Except as provided in paragraph (3), a vessel, fleet, or beneficial owner of a vessel or fleet that is put on the IUU vessel list shall remain on the IUU vessel list.
"(2) Application by owner for potential removal.--
"(A) In general.--In consultation with the Secretary of State and the heads of other relevant agencies, the Secretary may remove a vessel, fleet, or beneficial owner of a vessel or fleet from the IUU vessel list if the beneficial owner of the vessel submits an application for removal to the Secretary that meets the standards that the Secretary has set out for removal. The Secretary shall make such standards publicly available.
"(B) Consideration of relevant information.--In considering an application for removal, the Secretary shall consider relevant information from all sources.
"(3) Removal due to international fishery management organization action.--The Secretary may remove a vessel from the IUU vessel list if the vessel was put on the list because it was a vessel listed on an IUU vessel list of an international fishery management organization, pursuant to subsection (c)(2)(A), and the international fishery management organization removed the vessel from its IUU vessel list.
"(f) Regulations and Process.--Not later than 12 months after the date of enactment of the , the Secretary shall issue regulations to set a process for establishing, maintaining, implementing, and publishing the IUU vessel list.
Text printed in the Record (11,979 characters)
The Administrator may add or remove a vessel, fleet, or beneficial owner of a vessel or fleet from the IUU vessel list on the date the vessel becomes eligible for such addition or removal.
"(g) Definitions.--In this section:
"(1) Administrator.--Unless otherwise provided, the term `Administrator' means the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator.
"(2) Beneficial owner.--The term `beneficial owner' means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise--
"(A) exercises substantial control over the vessel; or
"(B) owns not less than 50 percent of the ownership interests in the vessel.
"(3) Foreign vessel.--The term `foreign vessel' has the meaning given the term in section 110 of title 46, United States Code).
"(4) International fishery management organization.--The term `international fishery management organization' means an international organization established by any bilateral or multilateral treaty, convention, or agreement for the conservation and management of fish.
"(5) IUU fishing.--The term `IUU fishing' has the meaning given the term `illegal, unreported, or unregulated fishing' in the implementing regulations or any subsequent regulations issued pursuant to section 609(e).
"(6) Seafood.--The term `seafood' means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds.
"(h) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Commerce to carry out this section $10,000,000 for each of fiscal years 2025 through 2030.".
SEC. 6095. VISA SANCTIONS FOR FOREIGN PERSONS.
(a) Foreign Persons Described.--A foreign person is described in this subsection if the foreign person is the owner or beneficial owner of a vessel on the IUU vessel list developed under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i(c)).
(b) Ineligibility for Visas, Admission, or Parole.--
(1) Visas, admission, or parole.--A foreign person described in subsection (a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The visa or other entry documentation of a foreign person described in subsection (a) shall be revoked, regardless of when such visa or other entry documentation is or was issued.
(B) Immediate effect.--A revocation under subparagraph (A) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))--
(i) take effect; and
(ii) cancel any other valid visa or entry documentation that is in the person's possession.
(c) National Interest Waiver.--The President may waive the imposition of sanctions under this section with respect to a foreign person if doing so is in the national interest of the United States.
(d) Exceptions.--
(1) Exceptions for authorized intelligence and law enforcement activities.--This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence, law enforcement, or national security activities of the United States.
(2) Exception to comply with international agreements.--Sanctions under subsection (b) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations.
(3) Exception for safety of vessels and crew.--Sanctions under subsection (b) shall not apply with respect to a person providing provisions to a vessel identified under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) if such provisions are intended for the safety and care of the crew aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.
(4) Exemptions.--Sanctions under subsection (b) shall not apply with respect to a person described in subsection (a), if such person was listed as the owner of a vessel described in that subsection through the use of force, threats of force, fraud, or coercion.
(e) Definitions.--In this section:
(1) Admission; admitted; alien; lawfully admitted for permanent residence.--The terms "admission", "admitted", "alien", and "lawfully admitted for permanent residence" have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Foreign person.--The term "foreign person" means an individual or entity that is not a United States person.
(3) United states person.--The term "United States person" means--
(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
(C) any person in the United States.
SEC. 6096. AGREEMENTS.
(a) Presidential Negotiation.--In negotiating any relevant agreement with a foreign nation or nations after the date of enactment of this Act, the President is encouraged to consider the impacts on or to IUU fishing and fishing that involves the use of forced labor and strive to ensure that the agreement strengthens efforts to combat IUU fishing and fishing that involves the use of forced labor as long as such considerations do not come at the expense of higher priority national interests of the United States.
(b) Federal Government Encouragement.--The Federal Government should encourage other nations to ratify treaties and agreements that address IUU fishing to which the United States is a party, including the High Seas Fishing Compliance Agreement and the Port State Measures Agreement, and pursue bilateral and multilateral initiatives to raise international ambition to combat IUU fishing, including in the G7 and G20, the United Nations, the International Labor Organization (ILO), and the International Maritime Organization (IMO), and through voluntary multilateral efforts, as long as clear burden sharing arrangements with partner nations are determined. The bilateral and multilateral initiatives should address underlying drivers of IUU fishing and fishing that involves the use of forced labor.
(c) Transparency for Non-binding Instruments Concluded Under This Section.--Any memorandum of understanding or other non-binding instrument to further the objectives of this section shall be considered a qualifying non-binding instrument for purposes of section 112b of title 1, United States Code.
SEC. 6097. ENFORCEMENT PROVISIONS.
(a) Increase Boarding of Vessels Suspected of IUU Fishing.--The Commandant of the Coast Guard shall strive to increase, from year to year, its observation of vessels on the high seas that are suspected of IUU fishing and related harmful practices, and is encouraged to consider boarding these vessels to the greatest extent practicable.
(b) Follow up.--The Administrator shall, in consultation with the Commandant of the Coast Guard and the Secretary of State, coordinate regularly with regional fisheries management organizations to determine what corrective measures each country has taken after vessels that are registered or documented by the country have been boarded for suspected IUU fishing.
(c) Report.--Not later than 3 years after the date of enactment of this Act and in accordance with information management rules of the relevant regional fisheries management organizations, the Commandant of the Coast Guard shall submit a report to Congress on--
(1) the total number of bilateral agreements utilized or enacted during Coast
Guard counter-IUU patrols and future patrol plans for operations with partner nations where bilateral agreements are required to effectively execute the counter-IUU mission and any changes to IUU provisions in bilateral agreements;
(2) incidents of IUU fishing observed while conducting High Seas Boarding and Inspections (HSBI), how the conduct is tracked after referral to the respective country where the vessel is registered or documented, and what actions are taken to document or otherwise act on the enforcement, or lack thereof, taken by the country;
(3) the country where the vessel is registered or documented, the country where the vessel was previously registered and documented if known, and status of a vessel interdicted or observed to be engaged in IUU fishing on the high seas by the Coast Guard;
(4) incident details on vessels observed to be engaged in IUU fishing on the high seas, boarding refusals, and what action was taken; and
(5) any other potential enforcement actions that could decrease IUU fishing on the high seas.
SEC. 6098. IMPROVED MANAGEMENT AT THE REGIONAL FISHERIES
MANAGEMENT ORGANIZATIONS.
(a) Interagency Working Group on IUU Fishing.--Section 3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is amended--
(1) in paragraph (13), by striking "and" after the semicolon;
(2) in paragraph (14), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
"(15) developing a strategy for leveraging enforcement capacity against IUU fishing, particularly focusing on nations identified under section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)); and
"(16) developing a strategy for leveraging enforcement capacity against associated abuses, such as fishing that involves the use of forced labor and other illegal labor practices, and increasing relevant enforcement, using as resources--
"(A) the List of Goods Produced by Child Labor or Forced Labor produced pursuant to section 105 of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112);
"(B) the Trafficking in Persons Report required under section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107);
"(C) United States Customs and Border Protection's Forced Labor Division and enforcement activities and regulations authorized under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
"(D) reports submitted under the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145).".
(b) Secretary of State Identification.--The Secretary of State, in coordination with the Commandant of the Coast Guard and the Administrator, shall--
(1) identify regional fisheries management organizations that the United States is party to that do not have a high seas boarding and inspection program; and
(2) identify obstacles, needed authorities, or existing efforts to increase implementation of these programs, and take action as appropriate.
SEC. 6099. STRATEGIES TO OPTIMIZE DATA COLLECTION, SHARING,
AND ANALYSIS.
Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is amended by adding at the end:
"(c) Strategies to Optimize Data Collection, Sharing, and Analysis.--Not later than 3 years after the date of enactment of the , the Working Group shall identify information and resources to prevent fish and fish products from IUU fishing and fishing that involves the use of forced labor from negatively affecting United States commerce without increasing burdens on seafood not produced from IUU fishing.
Text printed in the Record (7,584 characters)
The report shall include the following:
"(1) Identification of relevant data streams collected by Working Group members.
"(2) Identification of legal, jurisdictional, or other barriers to the sharing of such data.
"(3) In consultation with the Secretary of Defense, recommendations for joint enforcement protocols, collaboration, and information sharing between Federal agencies and States.
"(4) Recommendations for sharing and developing forensic resources between Federal agencies and States.
"(5) Recommendations for enhancing capacity to conduct more effective field investigations and enforcement efforts with U.S. state enforcement officials.
"(6) Recommendations for improving data collection and automated risk-targeting of seafood.
"(7) Recommendations for the dissemination of IUU fishing and fishing that involves the use of forced labor analysis and information to those governmental and non-governmental entities that could use it for action and awareness, with the aim to establish an IUU fishing information sharing center.
"(8) Recommendations for an implementation strategy, including measures for ensuring that seafood not linked to IUU fishing and fishing that involves the use of forced labor is not affected.
"(9) An analysis of the IUU fishing policies and regulatory regimes of other countries in order to develop policy and regulatory alternatives for United States consideration.".
SEC. 6099A. INVESTMENT AND TECHNICAL ASSISTANCE IN THE
FISHERIES SECTOR.
(a) In General.--The Secretary of State and the Secretary of Commerce, in consultation with the heads of relevant agencies, are encouraged to increase support to programs that provide technical assistance, institutional capacity, and investment to nations' fisheries sectors for sustainable fisheries management and combating IUU fishing and fishing involving the use of forced labor. The focus of such support is encouraged to be on priority regions and priority flag states identified under section 3552(b) of the Maritime SAFE Act (16 U.S.C. 8032(b)).
(b) Analysis of US Capacity-building Expertise and Resources.--In order to maximize efforts on preventing IUU fishing at its sources, the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) shall analyze United States capacity-building expertise and resources to provide support to nations' fisheries sectors. This analysis may include an assessment of potential avenues for in-country public-private collaboration and multilateral collaboration on developing local fisheries science, fisheries management, maritime enforcement, and maritime judicial capabilities.
SEC. 6099B. STRATEGY TO IDENTIFY SEAFOOD AND SEAFOOD PRODUCTS
FROM FOREIGN VESSELS USING FORCED LABOR.
The Secretary, in coordination with the heads of other relevant agencies, shall--
(1) develop a strategy for utilizing relevant United States Government data to identify seafood harvested on foreign vessels using forced labor; and
(2) publish information regarding the strategy developed under paragraph (1) on a publicly accessible website.
SEC. 6099C. REPORTS.
(a) Impact of New Technology.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, with support from the Administrator and the Working Group established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031), shall conduct a study to assess the impact of new technology (such as remote observing, the use of drones, development of risk assessment tools and data-sharing software, immediate containerization of fish on fishing vessels, satellite Wi-Fi technology on fishing vessels, and other technology-enhanced new fishing practices) on IUU fishing and associated crimes (such as trafficking and fishing involving the use of forced labor) and propose ways to integrate these technologies into global fisheries enforcement and management.
(b) Russian and Chinese Fishing Industries' Influence on Each Other and on the United States Seafood and Fishing Industry.--Not later than 2 years after the date of enactment of this Act, the Secretary of State, with support from the Secretary of Commerce, shall--
(1) conduct a study on the collaboration between the Russian and Chinese fishing industries and on the role of seafood reprocessing in China (including that of raw materials originating in Russia) in global seafood markets and its impact on United States interests; and
(2) complete a report on the study that includes classified and unclassified portions, as the Secretary of State determines necessary.
(c) Fishermen Conducting Unlawful Fishing in the Exclusive Economic Zone.--Section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) is amended by adding at the end the following:
"(d) The Impacts of IUU Fishing and Fishing Involving the Use of Forced Labor.--
"(1) In general.--The Administrator, in consultation with relevant members of the Working Group, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will undertake a multifaceted study that includes the following:
"(A) An analysis that quantifies the occurrence and extent of IUU fishing and fishing involving the use of forced labor among all flag states.
"(B) An evaluation of the costs to the United States economy of IUU fishing and fishing involving the use of forced labor.
"(C) An assessment of the costs to the global economy of IUU fishing and fishing involving the use of forced labor.
"(D) An assessment of the effectiveness of response strategies to counter IUU fishing, including both domestic programs and foreign capacity-building and partnering programs.
"(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,000,000.".
(d) Report.--Not later than 24 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the study conducted under subsection (d) of section 3551 of the Maritime SAFE Act that includes--
(1) the findings of the National Academies; and
(2) recommendations on knowledge gaps that warrant further scientific inquiry.
SEC. 6099D. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA
GRANT COLLEGE PROGRAM.
Section 212(a) of the National Sea Grant College Program Act (33 U.S.C. 1131(a)) is amended--
(1) in paragraph (1), by striking "for fiscal year 2025" and inserting "for each of fiscal years 2025 through 2031"; and
(2) in paragraph (2)--
(A) in the paragraph heading, by striking "for fiscal years 2021 through 2025"; and
(B) in the matter preceding subparagraph (A), by striking "fiscal years 2021 through 2025" and inserting "fiscal years 2026 through 2031".
SEC. 6099E. EXCEPTION RELATED TO THE IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements provided in this subtitle, and the amendments made by this subtitle, shall not include any authority or requirement to impose sanctions on the importation of goods or related to sanctions on the importation of goods.
(b) Good Defined.--In this section, the term "good"--
(1) means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment; and
(2) excludes technical data.
SEC. 6099F. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to limit the authority under, or otherwise affect, a provision of law that--
(1) is in effect on the date of enactment of this Act; and
(2) is not amended by this subtitle.
Subtitle N--Access to Fair Financing for Opportunity and Resilient Development
Text printed in the Record (11,126 characters)
SEC. 6099H. SHORT TITLE.
This subtitle may be cited as the "Access to Fair Financing for Opportunity and Resilient Development Act".
SEC. 6099I. REQUIREMENT TO TESTIFY.
Section 104(b) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)) is amended by adding to the end the following:
"(5) Annual testimony.--The Secretary of the Treasury (or a designee of the Secretary) shall, at the discretion of the chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate and chairman of the Committee on Financial Services of the House of Representatives, annually testify before such committees (or a subcommittee of such committees) regarding the operations of the Fund during the previous fiscal year.".
SEC. 6099J. CDFI BOND GUARANTEE PROGRAM IMPROVEMENT.
(a) Sense of Congress.--It is the sense of Congress that the authority to guarantee bonds under section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) (commonly referred to as the "CDFI Bond Guarantee Program") provides community development financial institutions with a sustainable source of long-term capital and furthers the mission of the Community Development Financial Institutions Fund (established under section 104(a) of such Act (12 U.S.C. 4703(a))) to increase economic opportunity and promote community development investments for underserved populations and distressed communities in the United States.
(b) Guarantees for Bonds and Notes Issued for Community or Economic Development Purposes.--
(1) In general.--Section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) is amended--
(A) in subsection (c)(2)--
(i) by inserting "outstanding" before "principal amount"; and
(ii) by striking "multiplied by an amount equal to the outstanding principal balance of issued notes or bonds,";
(B) by amending subsection (e)(2) to read as follows:
"(2) Limitation on guarantee amount.--The Secretary may not guarantee any amount under the program equal to less than $25,000,000, but the total of all such guarantees in any fiscal year may not exceed $1,000,000,000."; and
(C) in subsection (k), by striking "September 30, 2014" and inserting .
(2) Clerical amendment.--The table of contents in section 1(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 (Public Law 103-325; 108 Stat. 2160) is amended by inserting after the item relating to section 114 the following:
"Sec. 114A. Guarantees for bonds and notes issued for community or economic development purposes.". (c) Report on the CDFI Bond Guarantee Program.--Not later than 3 years after the date of enactment of this Act, the Secretary of the Treasury shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the effectiveness of the CDFI bond guarantee program established under section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a).
SEC. 6099K. CAPITALIZATION ASSISTANCE TO ENHANCE LIQUIDITY.
(a) In General.--Section 113 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4712) is amended--
(1) by striking subsection (a) and inserting the following:
"(a) Assistance.--
"(1) In general.--The Fund may provide funds to organizations for the purpose of--
"(A) purchasing loans that are originated by community development financial institutions, loan participations, or interests therein from community development financial institutions;
"(B) providing guarantees, loan loss reserves, or other forms of credit enhancement to promote liquidity for community development financial institutions; and
"(C) otherwise enhancing the liquidity of community development financial institutions.
"(2) Construction of federal government funds.--For purposes of this subsection, notwithstanding section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)), funds provided pursuant to such Act shall be considered to be Federal Government funds.";
(2) by striking subsection (b) and inserting the following:
"(b) Selection.--
"(1) In general.--The selection of organizations to receive assistance and the amount of assistance to be provided to any organization under this section shall be at the discretion of the Fund and in accordance with criteria established by the Fund.
"(2) Eligibility.--Organizations eligible to receive assistance under this section--
"(A) shall have a primary purpose of promoting community development; and
"(B) are not required to be community development financial institutions.
"(3) Prioritization.--For the purpose of making an award of funds under this section, the Fund shall prioritize the selection of organizations that--
"(A) demonstrate relevant experience or an ability to carry out the activities under this section, including experience leading or participating in loan purchase structures or purchasing or participating in the purchase of, assigning, or otherwise transferring, assets from community development financial institutions;
"(B) demonstrate the capacity to increase the number or dollar volume of loan originations or expand the products or services of community development financial institutions, including by leveraging the award with private capital; and
"(C) will use the funds to support community development financial institutions that represent broad geographic coverage or that serve borrowers that have experienced significant unmet capital or financial services needs.";
(3) in subsection (c), in the first sentence--
(A) by striking "$5,000,000" and inserting "$20,000,000"; and
(B) by striking "during any 3-year period"; and
(4) by adding at the end the following:
"(g) Regulations.--The Secretary may promulgate such regulations as may be necessary or appropriate to carry out the authorities or purposes of this section.".
(b) Emergency Capital Investment Funds.--Section 104A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703a) is amended by striking subsection (l) and inserting the following:
"(l) Deposit of Funds.--All funds received by the Secretary in connection with purchases made pursuant this section, including interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be deposited into the Fund and used--
"(1) to provide financial assistance to organizations pursuant to section 113; and
"(2) to provide financial and technical assistance pursuant to section 108, except that subsection (e) of that section shall be waived.".
(c) Annual Reports.--
(1) Definitions.--In this subsection, the terms "community development financial institution" and "Fund" have the meanings given the terms in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).
(2) Requirements.--Not later than 1 year after the date on which assistance is first provided under section 113 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4712) pursuant to the amendments made by subsection (a) of this section, and annually thereafter, the Secretary of the Treasury shall submit to Congress a written report describing the use of the Fund for the 1-year period preceding the submission of the report for the purposes described in subsection (a)(1) of such section 113, as amended by subsection (a) of this section, which shall include, with respect to the period covered by the report--
(A) the total amount of--
(i) loans, loan participations, and interests therein purchased from community development financial institutions;
(ii) loans that support affordable housing construction; and
(iii) guarantees, loan loss reserves, and other forms of credit enhancement provided to community development financial institutions;
(B) the effect of the purchases and guarantees made by the Fund on the overall competitiveness of community development financial institutions; and
(C) the impact of the purchases and guarantees made by the Fund on the liquidity of community development financial institutions.
SEC. 6099L. NATIVE CDFI RELENDING PROGRAM.
Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the end the following:
"(j) Set Aside for Native Community Development Financial Institutions.--
"(1) Definitions.--In this subsection--
"(A) the term `Alaska Native' has the meaning given the term `Native' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b));
"(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.
Text printed in the Record (10,864 characters)
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.".
SEC. 6101. SPECIAL RULES FOR CERTAIN CIVILIAN EMPLOYEES OF
THE DEPARTMENT OF DEFENSE RECEIVING
COMPENSATION FOR ANOMALOUS HEALTH INCIDENTS.
(a) Covered Employee Defined.--In this section, the term "covered employee" means any current or former civilian officer or employee of the Department of Defense who has been determined eligible for, and has received, a lump-sum payment under the implementation by the Department of Defense of section 901(i) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)).
(b) Adjustment of Compensation.--
(1) In general.--The Secretary of Defense may increase the amount of monthly compensation paid to a covered employee under section 8105 of title 5, United States Code.
(2) Amount.--In lieu of the percentage specified in section 8105(a) of title 5, United States Code, the amount of compensation described in paragraph (1) shall be the amount necessary to ensure that the total monthly compensation payable to the covered employee equals 75 percent of the maximum rate of basic pay plus the applicable locality-based comparability payment under section 5304 of such title for GS-15, step 10, determined by reference to the Washington, District of Columbia locality pay area, as determined under section 5332 of such title.
(3) Administration.--The Secretary shall ensure that an increase in compensation described in paragraph (1) is applied without the need for additional application or adjudication by the covered employee.
(c) Guidelines.--
(1) In general.--If the Secretary decides to exercise the authority provided by subsection (b), the Secretary shall issue guidelines to increase compensation as described in such subsection not later than 180 days after the date of the enactment of this Act.
(2) Coordination.--The Secretary shall develop the guidelines described in paragraph (1) in coordination with the cross-functional team established under section 910 of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 111 note; Public Law 117-81).
(d) Rules of Construction.--
(1) Other individuals.--Nothing in this section shall be construed to alter the application of section 8105 of title 5, United States Code, with respect to any individual other than a covered employee.
(2) Duration.--Nothing in this section shall be construed to require payment of compensation under this section after the period during which the disability of the covered employee relating to a qualifying injury of the brain is total under section 8105 of title 5, United States Code.
(3) Medical care.--Nothing in this section shall be construed to expand, limit, or otherwise affect the scope of medical care, treatment, or related services provided under any other provision of law, including the HAVANA Act of 2021 (Public Law 117-46) and the amendments made by that Act.
(e) Sunset.--This section shall cease to be effective on the date that is one year after the date of the enactment of this Act.
SEC. 6102. EXTENSION OF OVERTIME PAY FOR DEPARTMENT OF THE
NAVY EMPLOYEES PERFORMING WORK OUTSIDE THE
UNITED STATES FOR NAVAL VESSELS.
Section 5542(a)(6)(B) of title 5, United States Code, is amended by striking "September 30, 2026" and inserting "September 30, 2028".
SEC. 6201. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) In General.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking "after January 1, 2027" and inserting "after January 1, 2028".
(b) Report.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives a report identifying all transfers made pursuant to section 12001(a)(1) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) prior to the date of the enactment of this Act, including the date of each transfer, a description of the defense articles transferred, and the payment amount or concessions received in exchange for each transfer.
SEC. 6202.
Text printed in the Record (7,007 characters)
IMPROVING THE BRAZILIAN AMAZON.
(a) Short Title.--This section may be cited as the "Strengthening the Rule of Law in the Brazilian Amazon Act".
(b) Definitions.--In this section:
(1) Crimes.--The term "crimes" means--
(A) any crime related or contributing to the illegal fishing and wildlife trade, illicit mining, or illegal logging and land-clearing in the Brazilian Amazon; and
(B) associated corruption, financial crimes, and violent crimes.
(2) Environmental degradation.--The term "environmental degradation" means physical damage to land, water, or wildlife resources that results from crimes described in paragraph (1).
(3) International financial institutions.--The term "international financial institutions" means--
(A) the World Bank Group;
(B) the Inter-American Development Bank Group; and
(C) the International Monetary Fund.
(4) Relevant federal agencies.--The term "relevant Federal agencies" means--
(A) the Department of State; and
(B) other Federal departments and agencies the President has designated as having significant domestic or foreign affairs equities in identifying investment opportunities in the Brazilian Amazon and combating criminal elements in the Brazilian Amazon.
(c) Identifying Investment Opportunities in the Brazilian Amazon.--
(1) Business development.--The Chief Executive Officer of the United States International Development Finance Corporation should consider placing a staff member in Brazil with duties that include--
(A) identifying and implementing more viable economic opportunities in the Brazilian Amazon; and
(B) identifying possible investment risks and mitigation measures related to operations and actors that contribute to criminal activity in the Brazilian Amazon.
(2) Report.--Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation shall submit a report to Congress that describes--
(A) the opportunities identified pursuant to paragraph (1)(A); and
(B) the most significant barriers to greater investment in sustainable and viable economic opportunities in the Brazilian Amazon.
(d) Combating Criminal Elements Operating in the Brazilian Amazon.--
(1) In general.--The Secretary of State may direct the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs, in coordination with relevant Federal agencies and the United States mission in Brazil, to support Brazil's efforts to identify and disrupt the complex and transnational criminal networks contributing to the destruction of communities and deforestation in the Brazilian Amazon by providing capacity building and technical assistance, including--
(A) information sharing, training, and capacity-building for Brazilian agencies, including through United States Government agencies;
(B) collaborating on tracing funds generated from crimes;
(C) supporting investigations of crimes that are associated with deforestation, environmental degradation, money laundering, asset laundering, or corruption offenses;
(D) assisting with the identification of the proceeds of such crimes to help facilitate asset recovery; and
(E) providing appropriate United States assistance to funding mechanisms consistent with the goals of this section.
(2) Community assistance.--The Secretary of State, in consultation with relevant Federal agencies, should provide financial and technical assistance to help prevent crimes by promoting--
(A) lawful livelihoods in the Brazilian Amazon;
(B) the economic, social, and political advancement of local communities, including internationally recognized human rights in Afro-descendent and indigenous communities;
(C) economic activities and natural resource management, including mining, agriculture, and forest-based activities; and
(D) the management of protected areas, including indigenous territories, buffer zones, water resources, terrestrial and aquatic habitats of species deemed to be threatened by extinction, and other spaces vulnerable to conversion and deforestation.
(3) Annual report.--Not later than 180 days after the date of the enactment of this Act and annually thereafter for the following 5 years, the Secretary of State, in coordination with relevant Federal agencies and nongovernmental organizations, shall submit a report to Congress that describes the progress made in carrying out paragraphs (1) and (2).
(e) Report on Certain Drivers of Deforestation and Environmental Degradation in the Brazilian Amazon.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall submit a report to Congress regarding certain drivers of deforestation and environmental degradation in the Brazilian Amazon that includes--
(1) a description of the agricultural commodities, illegal timber, minerals, and wildlife entering the United States market that are contributing to deforestation and environmental degradation of the Brazilian Amazon;
(2) a description of the role of the People's Republic of China's in facilitating illicit resource extraction and environmental degradation, including deforestation, in the Brazilian Amazon;
(3) the funding levels and efficacy of United States foreign assistance programs in identifying and disrupting the criminal elements operating in the Brazilian Amazon; and
(4) an assessment of the Government of Brazil's contributions to countering criminal elements operating in the Brazilian Amazon.
(f) International Cooperation.--The Secretary of the Treasury should direct the United States executive director to each international financial institution, in consultation with relevant Federal agencies, to use the voice, vote, and influence of the United States--
(1) to prioritize promoting broad-based development in the Brazilian Amazon; and
(2) to oppose any loans or programs at any such institution that would facilitate or exacerbate deforestation and environmental degradation in the Brazilian Amazon.
SEC. 6211. STATEMENT OF POLICY ON EXTENSION OF SUNSET OF IRAN
SANCTIONS ACT OF 1996.
(a) Findings.--Congress makes the following findings:
(1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) requires the imposition of sanctions with respect to Iran's illicit weapons programs, conventional weapons and ballistic missile development, and support for terrorism, including Iran's Revolutionary Guards Corps.
(2) The Government of Iran has acquired destabilizing conventional weapons systems from the Russian Federation and other malign actors, and is funneling weapons and financial support to its terrorist proxies throughout the Middle East, threatening allies and partners of the United States, such as Israel.
(b) Statement of Policy.--It is the policy of the United States to extend the sunset provision in the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) to December 31, 2028.
Subtitle C--Matters Relating to Europe and the Russian Federation
Text printed in the Record (11,997 characters)
SEC. 6221. MODIFICATION OF REQUIREMENTS FOR TRANSFERS OF
UNITED STATES DEFENSE ARTICLES AND DEFENSE
SERVICES AMONG BALTIC STATES.
(a) Exemptions From Requirement for Consent To Transfer.--
(1) Retransfers among baltic states.--
(A) In general.--Notwithstanding the requirements of section 3(a)(2) of the Arms Export Control Act (22 U.S.C. 2753(a)(2)) and section 505(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(1)), retransfers of defense articles related to United States-origin mobile rocket artillery systems among Estonia, Lithuania, and Latvia shall not require prior Presidential consent.
(B) Expiration.--The authority provided in subparagraph (A) shall cease to have effect on the date that is 10 years after the date of the enactment of this Act.
(2) Agreements.--
(A) Consent to transfer not required.--An agreement between the United States and a Baltic state under section 3 of the Arms Export Control Act (22 U.S.C. 2753) with respect to defense articles or defense services related to mobile rocket artillery systems provided by the United States shall not require the Baltic state to seek approval from the United States to transfer the defense article or defense service to any other Baltic state.
(B) Modification.--With respect to any agreement under section 3(a)(2) of the Arms Export Control Act (22 U.S.C. 2753(a)(2)) in effect as of the date of the enactment of this Act that requires the consent of the President before a Baltic state may transfer a defense article or defense service related to mobile rocket artillery systems provided by the United States, at the request of any Baltic state, the United States shall modify such agreement so as to remove such requirement with respect to such a transfer to any other Baltic state.
(b) Common Coalition Key.--The Secretary of Defense shall establish among the Baltic states a common coalition key or other technological solution within the Baltic states for the purpose of sharing ammunition for High Mobility Artillery Rocket Systems (HIMARS) among the Baltic states for training and operational purposes.
(c) Definitions.--In this section:
(1) Baltic state.--The term "Baltic state" means the following:
(A) Estonia.
(B) Lithuania.
(C) Latvia.
(2) Defense article; defense service.--The terms "defense article" and "defense service" have the meanings given such terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
SEC. 6222. PRE-APPROVAL FOR PURCHASE AND THIRD PARTY TRANSFER
OF CERTAIN DEFENSE ARTICLES FOR UKRAINE.
(a) Statement of Policy.--As long as the Russian Federation continues to execute its brutal invasion of Ukraine, it is the policy of the United States--
(1) to welcome long-term investment from allies and partners in the United States defense industrial base; and
(2) to facilitate increased contributions from allies and partners to the defense of Ukraine.
(b) Pre-approval for Purchase and Third Party Transfer of Certain Defense Articles for Ukraine.--Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended by adding at the end the following:
"(h) Purchase and Third Party Transfer: Ukraine.--
"(1) In general.--The transfer of defense articles sold by the United States under this Act shall be approved, and subsections (a), (b), and (d) shall not apply to such a transfer, if--
"(A) the purchaser of the defense articles to be transferred is the government of a member country of the North Atlantic Treaty Organization, the Government of Australia, the Government of Japan, the Government of the Republic of Korea, the Government of Israel, or the Government of New Zealand;
"(B) the recipient of the defense articles to be transferred is the Government of Ukraine;
"(C) the defense articles are 155mm artillery shells, 155mm Excalibur extended range artillery shells, High Mobility Artillery Rocket System (HIMARS) munitions, or Guided Multiple Launch Rocket System (GMLRS) munitions;
"(D) the Government of Ukraine has provided a commitment in writing to the United States Government, including to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, that it will not transfer such defense articles, if not demilitarized, to any other foreign country or person without first obtaining the consent of the President; and
"(E) the Government of Ukraine accepts title and physical custody of the transferred defense articles before December 31, 2030.
"(2) Notice to congress.--Before a transfer of defense articles to the Government of Ukraine approved under paragraph (1) is made, the President shall promptly notify the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of the intended transfer.
"(3) Annual extension.--Annually, the Secretary of State may extend the date in paragraph (1)(E) by one year until December 31, 2035, if, before such an extension, the Secretary certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the Russian Federation is continuing to execute its invasion of Ukraine.
"(4) Rules of construction.--
"(A) Selection of defense articles.--Nothing in this subsection may be construed to limit--
"(i) the type or quantity of defense articles that may be requested by, or transferred to, the Government of Ukraine; or
"(ii) the timing of such requests or transfers.
"(B) Retransfers.--Any request by the Government of Ukraine to retransfer defense articles received by that Government under this Act remains subject to all relevant provisions of this Act.".
SEC. 6223. UNITED STATES-UKRAINE STRATEGIC DEFENSE INNOVATION
WORKING GROUP.
The text of section 1224 is hereby deemed to read as follows:
"SEC. 1224 UNITED STATES-UKRAINE STRATEGIC DEFENSE
INNOVATION WORKING GROUP.
" (a) Establishment.--
"(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall seek to engage with relevant stakeholders in Ukraine to establish a United States-Ukraine Strategic Defense Innovation Working Group (referred to in this section as the `Working Group') to explore--
"(A) pathways for the co-development, co-production, acquisition, and transfer of covered systems;
"(B) the development of related mutual technology transfer frameworks; and
"(C) the mutual transmission of unmanned aerial systems expertise.
"(2) Composition.--
"(A) Co-chairs.--The Working Group shall be co-chaired by the following:
"(i) The Under Secretary of Defense for Acquisition and Sustainment.
"(ii) The Director of the Defense Innovation Unit.
"(iii) The Director of the Joint Interagency Task Force 401.
"(B) Additional department of defense participants.--The Working Group shall include participation by representatives of the following:
"(i) The Under Secretary of Defense for Policy.
"(ii) The United States Special Operations Command.
"(iii) Any other representative of the Department of Defense the Secretary of Defense considers appropriate.
"(C) Other participants.--The Secretary of Defense shall seek the participation in the Working Group of representatives of the following:
"(i) The Ministry of Defense of Ukraine.
"(ii) The military forces of Ukraine.
"(iii) The Brave1 Defense Tech Cluster.
"(iv) The North Atlantic Treaty Organization-Ukraine Joint Analysis, Training, and Education Center.
"(v) Any other entity mutually agreed upon by the Secretary of Defense and the Minister of Defense of Ukraine.
"(b) Duties and Responsibilities.--
"(1) In general.-- The co-chairs of the Working Group shall be responsible for engaging with the other participants in the Working Group--
"(A) to systematically analyze and apply lessons learned from the methodologies employed by the military forces of Ukraine and the domestic defense industrial base of Ukraine to accelerate the development, production, and fielding of covered systems;
"(B) to identify the Ukraine-designed covered systems that--
"(i) have demonstrated high operational utility in active combat; and
"(ii) offer strategic capability enhancements for the United States Armed Forces;
"(C) to provide recommendations to expand and improve incorporation of Ukraine-designed covered systems into Department of Defense programs, including Blue UAS, the Drone Dominance Program, and service acquisition programs;
"(D) to develop defense trade foundational agreements between the United States and Ukraine, including--
"(i) a mutual technology transfer framework, which shall include--
"(I) mutual data exchange protocols to facilitate the secure sharing of relevant battlefield and military information, such as telemetry data and other electronic warfare signal profiles; and
"(II) joint intellectual property ownership frameworks that--
"(aa) protect the background intellectual property of all participants; and
"(bb) facilitate the co-development and co-production of Ukraine-designed covered systems; and
"(ii) a memorandum of understanding on reciprocal defense procurement; and
"(E) to assess the feasibility of testing United States-manufactured covered systems in Ukraine, including by deploying United States-manufactured covered systems to operational units of Ukraine for evaluation and use in active combat scenarios.
"(2) Meetings.--The Working Group shall convene not less frequently than once every 120 days, with meeting frequency determined by the co-chairs, in consultation with the other participants in the Working Group.
"(c) Prioritization of Ukraine-designed Covered Systems.--
"(1) In general.--The co-chairs of the Working Group shall prioritize the Ukraine-designed covered systems identified under subsection (b)(1)(B) for co-development, co-production, and acquisition, including by--
"(A) analyzing the extent to which Ukraine-designed covered systems meet existing statutory requirements with respect to fielding;
"(B) identifying authorities that may be used to accelerate the establishment and approval of joint ventures, cooperative production agreements, or licensed production agreements involving the Department of Defense and the military forces of Ukraine;
"(C) identifying authorities that may be used to accelerate procurement pathways for Ukraine-designed covered systems;
"(D) conducting a detailed supply chain assessment of the components and inputs that would be used in the co-production of Ukraine-designed covered systems;
"(E) identifying the costs associated with co-developing and co-producing Ukraine-designed covered systems in the United States; and
"(F) identifying the steps necessary to produce Ukraine-designed covered systems at scale in the United States.
"(2) Unmanned aerial systems expertise.--In addition to co-development, co-production, and acquisition, the Working Group shall also focus on--
"(A) the mutual transmission of--
"(i) best practices for the rapid development, cost-effective production, and fielding of unmanned aerial systems and counter-unmanned aerial systems;
"(ii) the tactics, techniques, and procedures that enable successful battlefield employment of offensive and defensive unmanned aerial systems;
"(iii) best practices with respect to force protection from unmanned aerial systems and the defense of fixed targets from unmanned aerial systems; and
"(iv) the regular transmission of lessons learned in Ukraine to the military forces of--
"(I) Taiwan;
"(II) Australia;
"(III) Japan;
"(IV) the Republic of Korea;
"(V) Thailand;
"(VI) the Philippines;
"(VII) partners in the Indo-Pacific region, including India, New Zealand, and Vietnam; and
"(VIII) member countries of the North Atlantic Treaty Organization, particularly such countries on the eastern flank of the North Atlantic Treaty Organization alliance, including Estonia, Finland,
Text printed in the Record (11,926 characters)
Latvia, Lithuania, and Poland;
"(B) the transmission of lessons learned in Ukraine to the unmanned aerial systems and counter-unmanned aerial systems program of the Department of the Army; and
"(C) the transmission of lessons learned through the Joint Interagency Task Force 401 to the military forces of Ukraine.
"(3) Remediation pathway.--With respect to Ukraine-designed covered systems identified under subsection (b)(1)(B) that do not meet existing statutory requirements with respect to fielding, the Working Group shall explore alternative pathways for the fielding of such covered systems, including through--
"(A) Army Drone Industrial Base Programs;
"(B) the UAS Marketplace; and
"(C) Drone Dominance.
"(d) Reports and Briefings.--
"(1) Initial strategy and action plan.--Not later than 120 days after the date of the enactment of this Act, the Working Group shall provide the congressional defense committees with a briefing on the initial strategy for the co-development, co-production, and acquisition of Ukraine-designed covered systems.
"(2) Semiannual updates.--
"(A) In general.--Not later than 180 days after the date on which the briefing required by paragraph (1) is provided, and every 180 days thereafter until the date on which the Working Group terminates, the Working Group shall submit to the congressional defense committees a report on the progress of the Working Group.
"(B) Elements.--Each report required by subparagraph (A) shall, to the maximum extent practicable, include, for the preceding 180-day period, the following:
"(i) A list of Ukraine-designed covered systems identified for prioritization, including the current status of such covered systems with respect to technical and legal evaluation, certification, and integration with existing United States force posture and operational needs.
"(ii) A detailed list of specific fast-track acquisition or waiver authorities that may be used to accelerate the co-development, co-production, or acquisition of Ukraine-designed covered systems.
"(iii) A supply chain analysis of the sourcing of inputs and component parts to eliminate dependence on countries of concern, such as the Russian Federation, the People's Republic of China, Iran, and the Democratic People's Republic of Korea.
"(iv) A comprehensive framework to facilitate the transition of prioritized Ukraine-designed covered systems from identification to co-development and co-production at scale, including an assessment of the feasibility of using the following for such purpose:
"(I) Joint ventures. "(II) Cooperative production agreements. "(III) Licensed production agreements.
"(v) A detailed description of intellectual property ownership frameworks that could be used to facilitate the co-development and co-production of prioritized Ukraine-designed covered systems.
"(vi) A description of any specific regulatory, legal, or policy barriers that hinder the establishment of joint ventures, cooperative production agreements, or licensed production agreements.
"(vii) A description of any regulatory, export-control, or certification barriers that impede the acquisition of Ukraine-designed covered systems.
"(C) Form.--Each report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex.
"(e) Termination.--
"(1) In general.--Subject to paragraph (2), the Working Group shall terminate on the date that is five years after the date of the enactment of this Act.
"(2) One-year extension.--The Working Group may continue in effect until the date that is six years after the date of the enactment of this Act if the Secretary of Defense--
"(A) determines that a one-year extension is beneficial to United States security interests; and
"(B) submits to the congressional defense committees a written justification for such an extension.
"(f) Covered System Defined.--In this section, the term `covered system' means--
"(1) an unmanned system that--
"(A) is designed for a limited number of missions;
"(B) is expendable in high-threat environments; and
"(C) is characterized by a low per-unit cost, relative to the value of the targets the unmanned system is designed to engage; and
"(2) includes--
"(A) the enabling software and hardware of such an unmanned system;
"(B) unmanned aerial vehicles, unmanned underwater vehicles, and unmanned surface vehicles;
"(C) capabilities to counter unmanned systems, including early warning systems, jamming systems, and interceptors; and
"(D) command and control architecture, including software and hardware, to enable the integrated, secure, and resilient operation of unmanned systems and capabilities to counter unmanned systems.".
Subtitle D--Matters Relating to the Indo-Pacific Region
SEC. 6231. STRATEGY TO ENHANCE DEFENSE COOPERATION WITH NEW
ZEALAND.
(a) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy to enhance defense cooperation between the United States and New Zealand.
(b) Purposes.--The purposes of the strategy required by subsection (a) are--
(1) to strengthen the defense relationship between the United States and New Zealand;
(2) to improve bilateral and multilateral military interoperability, support security, and stability in the Indo-Pacific region;
(3) to expand cooperation on space, and advanced defense and aerospace capabilities; and
(4) to identify concrete actions to address shared security challenges in the Pacific and Antarctic regions.
(c) Elements.--The strategy required by subsection (a) shall include the following:
(1) An assessment of the current state of United States defense cooperation with New Zealand, including defense dialogues, military-to-military engagements, information sharing, combined exercises, port visits, personnel exchanges, and other bilateral or multilateral activities.
(2) A roadmap to expand military interoperability between the United States and New Zealand, including through increased participation in joint and combined exercises, expanded staff exchanges, improved operational planning, and greater coordination with Australia and other regional allies and partners.
(3) An assessment of opportunities to expand defense industrial base cooperation between the United States and New Zealand, including with respect to secure supply chains, aviation sustainment, munitions, maintenance and repair capacity, trusted vendors, and the integration of New Zealand industry into allied defense supply chains, as appropriate.
(4) An assessment of opportunities to strengthen logistics cooperation with New Zealand in Antarctica and the Southern Ocean, including through the Joint Logistics Pool, Christchurch gateway operations, support for McMurdo Station and Scott Base, cold-weather operations, airlift and sealift coordination, medical evacuation, search and rescue, communications, domain awareness, infrastructure resilience, and contingency planning for disruption of access to Antarctica.
(5) A list of specific actions, timelines, responsible Department of Defense components, and resource requirements necessary to implement the strategy.
(d) Form.--The strategy required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(e) Briefing.--Not later than 30 days after the date on which the strategy required by subsection (a) is submitted, the Secretary of Defense shall provide the congressional defense committees with a briefing on the strategy, including planned actions, timelines, responsible offices, resource requirements, and any legislative recommendations to enhance defense cooperation between the United States and New Zealand.
SEC. 6232. TAIWAN INTERNATIONAL SOLIDARITY.
(a) Short Title.--This section may be cited as the "Taiwan International Solidarity Act".
(b) Clarification Regarding United Nations General Assembly Resolution 2758 (XXVI).--Section 2(a) of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 (Public Law 116-135) is amended--
(1) in the matter preceding paragraph (1), by striking "(a) Findings.--"; and
(2) by adding at the end the following:
"(10) United Nations General Assembly Resolution 2758 (XXVI) established the representatives of the Government of the People's Republic of China as the only lawful representatives of China to the United Nations. The resolution did not address the issue of representation of Taiwan and its people in the United Nations or any related organizations, nor did the resolution take a position on the relationship between the People's Republic of China and Taiwan or include any statement pertaining to Taiwan's sovereignty.
"(11) The United States opposes any initiative that seeks to change Taiwan's status without the consent of the people of Taiwan.".
(c) United States Advocacy for International Organizations to Resist the People's Republic of China's Efforts to Distort the "One China" Position.--Section 4 of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 is amended--
(1) in paragraph (2), by striking "and" at the end;
(2) in paragraph (3), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following:
"(4) to instruct, as appropriate, representatives of the United States Government in all organizations described in paragraph (1) to use the voice, vote, and influence of the United States to advocate that such organizations resist the People's Republic of China's efforts to distort the decisions, language, policies, or procedures of such organizations regarding Taiwan.".
(d) Opposing the People's Republic of China's Efforts to Undermine Taiwan's Ties and Partnerships Internationally.--Section 5(a) of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 is amended--
(1) in paragraph (2), by striking "and" at the end;
(2) in paragraph (3), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following:
"(4) encourage, as appropriate, United States allies and partners to oppose the People's Republic of China's efforts to undermine Taiwan's official diplomatic relationships and its partnerships with countries with which it does not maintain diplomatic relations.".
(e) Report on the People's Republic of China's Attempts to Promote Its "One China" Position.--
(1) In general.--Section 5(b) of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 is amended by inserting before the period at the end the following: "and information relating to any prior or ongoing attempts by the People's Republic of China to undermine Taiwan's membership or observer status in all organizations described in section 4(1) and Taiwan's ties and relationships with other countries in accordance with subsection (a)".
(2) Effective date.--The amendment made by paragraph (1) shall--
(A) take effect on the date of the enactment of this Act; and
(B) apply beginning with the first report required after such date under section 5(b) of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019, as amended by paragraph (1).
SEC. 6241. EXTENSION OF FENTANYL SANCTIONS ACT.
Section 7234 of the Fentanyl Sanctions Act (21 U.S.C. 2334) is amended by striking "the date that is 7 years after the date of the enactment of this Act" and inserting "December 31, 2033".
SEC. 6242. EXTENSION OF AUTHORITY OF EXPORT-IMPORT BANK OF
THE UNITED STATES.
(a) In General.--Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking "December 31, 2026" and inserting "February 28, 2027".
(b) Program on China and Transformational Exports.--Section 2(l)(3)(C) of the Export-Import Bank Act of 1945 (12 U.S.C.
Text printed in the Record (10,040 characters)
635(l)(3)(C)) is amended by striking "December 31, 2026" each place it appears and inserting "February 28, 2027".
SEC. 6243. LICENSE REQUIREMENT FOR EXPORTS OF COVERED
INTEGRATED CIRCUITS TO COUNTRIES OF CONCERN.
Part I of the Export Control Reform Act of 2018 (50 U.S.C. 4811 et seq.) is amended by inserting after section 1758 the following:
"SEC. 1758A. CONTROL OF EXPORTS OF COVERED INTEGRATED
CIRCUITS.
"(a) Definitions.--In this section:
"(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
"(2) Commerce control list.--The term `Commerce Control List' means the list set forth in Supplement No. 1 to part 774 of the Export Administration Regulations.
"(3) Country of concern.--The term `country of concern' means any foreign country listed in Country Group D:5 under Supplement No. 1 to part 740 of the Export Administration Regulations.
"(4) Covered integrated circuit.--
"(A) In general.--Subject to subparagraphs (B), (C), and (D), the term `covered integrated circuit' means--
"(i) an integrated circuit, computer, or other product--
"(I) classified under Export Control Classification Number 3A090 or 4A090 or related Export Control Classification Numbers; or
"(II) that is functionally equivalent or substantially similar to a circuit, computer, or product described in subclause (I); or
"(ii) an integrated circuit that has 1 or more digital processing units with--
"(I) a total processing performance of 4,800 or more;
"(II) a total processing performance of 2,400 or more and a performance density of 1.6 or more; or
"(III) a total processing performance of 1,600 or more and a performance density of 3.2 or more.
"(B) Authority to update technical parameters.--Beginning 18 months after the date of the enactment of this section, the Under Secretary of Commerce for Industry and Security may add or modify technical parameters for the definition of `covered integrated circuit' for purposes of this section through notice in the Federal Register, so long as--
"(i) the addition or modification poses no adverse impact on the national security of the United States; and
"(ii) not fewer than 30 days before the addition or modification takes effect, the Under Secretary--
"(I) consults with the appropriate congressional committees regarding the addition or modification; and
"(II) in consultation with each agency that is part of the Operating Committee for Export Policy, submits the addition or modification to the appropriate congressional committees.
"(C) Products included.--Except as provided in subparagraph (D), the term `covered integrated circuit' includes a product containing such a covered integrated circuit.
"(D) Exclusion.--The term `covered integrated circuit' does not include--
"(i) covered integrated circuits or products containing a covered integrated circuit that are not designed or marketed for use in a data center; or
"(ii) microprocessor microcircuits, such as central processing units, that are not graphics processing units or similar products.
"(5) Operating committee for export policy.--The term `Operating Committee for Export Policy' means the Operating Committee for Export Policy referred to in section 1763(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4822(c)).
"(6) Performance density; total processing performance.--The terms `performance density' and `total processing performance' have the meanings given those terms in, and are calculated as provided for under, Export Control Classification Number 3A090 in the Commerce Control List (as in effect on January 1, 2026).
"(7) Restricted integrated circuit.--
"(A) In general.--Subject to subparagraphs (B), (C), and (D), the term `restricted integrated circuit' means a covered integrated circuit that has 1 or more digital processing units with a total processing performance of 21,000 or more.
"(B) Authority to update technical parameters.--The Under Secretary of Commerce for Industry and Security may add or modify technical parameters for the definition of `restricted integrated circuit' in the
same manner and subject to the same restrictions as the authority described in paragraph (4)(B).
"(C) Products included.--Except as provided by subparagraph (D), the term `restricted integrated circuit' includes a product containing such a restricted integrated circuit.
"(D) Exclusion.--The term `restricted integrated circuit' does not include--
"(i) restricted integrated circuits or products containing a restricted integrated circuit that are not designed or marketed for use in a data center; or
"(ii) microprocessor microcircuits, such as central processing units, that are not graphics processing units or similar products.
"(b) License Requirement.--
"(1) In general.--Beginning on the date of the enactment of this section, the Under Secretary of Commerce for Industry and Security, in consultation with each agency that is part of the Operating Committee for Export Policy, shall require a license for the export, reexport, or in-country transfer of a covered integrated circuit or a restricted integrated circuit to an entity that is located or headquartered in, or the ultimate parent company of which is headquartered in, a country of concern.
"(2) General license prohibited.--The Under Secretary of Commerce for Industry and Security may not issue a general license for the purpose of fulfilling the license requirement in paragraph (1).
"(c) Certification to Congress.--Not fewer than 15 days prior to approving any license for the export, reexport, or in-country transfer of a covered integrated circuit to an entity that is located or headquartered in, or the ultimate parent company of which is headquartered in, a country of concern, the Under Secretary of Commerce for Industry and Security, in consultation with each agency that is part of the Operating Committee for Export Policy, shall submit to the appropriate congressional committees a copy of the license application and proposed license, including--
"(1) the quantity of the covered integrated circuit, identified by an Export Control Classification Number, as applicable, and by technical parameters of the covered integrated circuit;
"(2) the ultimate consignee or end-user of the covered integrated circuit;
"(3) the quantity of the covered integrated circuit that has been shipped to end-users in the United States at the time of the license application; and
"(4) any and all license conditions, which shall include a certification that--
"(A) there is sufficient supply of the covered integrated circuit in the United States such that export of the covered integrated circuit authorized by the license would not result in any delay in fulfilling any existing or new orders of covered integrated circuits from customers in the United States for end use in the United States (taking into account normal lead times);
"(B) global foundry capacity that would otherwise be used to produce similar node or more covered integrated circuits for end users in the United States will not be diverted to produce the commodities authorized by the license for exports to the People's Republic of China;
"(C) the aggregate shipments of the covered integrated circuit to the People's Republic of China and Macau will be not more than 50 percent of the total covered integrated circuits shipped to customers for end use in the United States of that covered integrated circuit;
"(D) the transaction is not prohibited by end user, use controls, or controls for nonmilitary end uses or end users;
"(E) the license applicant will employ rigorous know your customer (KYC) procedures to screen and prevent unauthorized remote access to unauthorized parties (such as prohibited parties under part 744 of title 15, Code of Federal Regulations, or successor regulations);
"(F) prior to export from the United States, every shipment of covered integrated circuits will be reviewed by a qualified third-party testing lab to confirm the technical capabilities and functions of the artificial intelligence commodities in the license application of the exporter; and
"(G) the license application has provided the Under Secretary of Commerce for Industry and Security a list of remote end users located in Belarus, China, Cuba, Iran, Macau, North Korea, Russia, and Venezuela, or whose ultimate parent company is headquartered in any such country.
"(d) American Artificial Intelligence Victory Strategy.--The Under Secretary of Commerce for Industry and Security, in consultation with each agency that is part of the Operating Committee for Export Policy, shall submit to the appropriate congressional committees an American Artificial Intelligence Victory Strategy that details--
"(1) a whole-of-government framework to win the artificial intelligence race;
"(2) recommendations for policy changes the United States Government should make to best position the United States in the artificial intelligence race against the People's Republic of China; and
"(3) an assessment of the covered integrated circuit production numbers and capabilities of the People's Republic of China for fiscal years 2026 and 2027, including a comparison of the covered integrated circuit production numbers and capabilities of the People's Republic of China to the covered integrated circuit production numbers and capabilities of the United States and allies of the United States.
"(e) License Prohibition for Restricted Integrated Circuits.--The Under Secretary of Commerce for Industry and Security, in consultation with each agency that is part of the Operating Committee for Export Policy, shall deny all licenses for the export, reexport, or in-country transfer of a restricted integrated circuit to an entity that is located or headquartered in, or the ultimate parent company of which is headquartered in, a country of concern.".
SEC. 6244.
Text printed in the Record (11,589 characters)
OPEN TECHNOLOGY FUND.
(a) Short Title.--This section may be cited as the "Open Technology Fund Reauthorization Act".
(b) Authority.--The Open Technology Fund is an independent nonprofit corporation that is authorized to receive amounts appropriated by Congress for the purpose of promoting, consistent with United States law, unrestricted access to uncensored sources of information through the internet.
(c) Board of Directors.--
(1) In general.--The Open Technology Fund shall be governed by a Board of Directors that--
(A) is bipartisan;
(B) except as otherwise provided in this section, has the sole responsibility to oversee the operations of the Open Technology Fund, within the jurisdiction of its incorporation;
(C) is composed of not fewer than 5 members, who shall be qualified individuals who are not employed in the public sector; and
(D) shall appoint successors in the event of a vacancy on the Board of Directors, in accordance with applicable bylaws.
(2) Not federal employees.--No employee of the Open Technology Fund may be a Federal employee.
(d) Functions.--In furtherance of the purpose described in subsection (b), the Open Technology Fund shall--
(1) seek to advance freedom of the press and unrestricted access to the internet in repressive environments oversees;
(2) research, develop, implement, and maintain--
(A) technologies that circumvent techniques used by authoritarian governments, nonstate actors, and others to block or censor access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used to limit or block legitimate access to content and information; and
(B) secure communication tools and other forms of privacy and security technology that facilitate the creation and distribution of news and enable audiences to access media content on censored websites;
(3) advance internet freedom by supporting private and public sector research, development, implementation, and maintenance of technologies that provide secure and uncensored access to the internet to counter attempts by authoritarian governments, nonstate actors, and others to improperly restrict freedom online;
(4) research and analyze emerging technical threats and develop innovative solutions through collaboration with the private and public sectors to maintain the technological advantage of the United States Government over authoritarian governments, nonstate actors, and others;
(5) develop, acquire, and distribute requisite internet freedom technologies and techniques, consistent with United States foreign policy priorities;
(6) prioritize programs for countries the governments of which restrict freedom of expression on the internet, and that are important to the national interest of the United States, and are consistent with section 7050(b)(2)(C) of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and
(7) carry out any other effort consistent with the purposes of this section or in furtherance of global internet freedom or press freedom overseas if requested or approved by an Act of Congress.
(e) Methodology.--In carrying out subsection (d), the Open Technology Fund shall--
(1) support fully open-source tools, code, and components, to the extent practicable, to ensure such supported tools and technologies are as secure, transparent, and accessible as possible, and require that any such tools, components, code, or technology supported by the Open Technology Fund remain fully open-source, to the extent practicable;
(2) support technologies that undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefitting from programs supported by the Open Technology Fund;
(3) review and update periodically as necessary security auditing procedures used by the Open Technology Fund to reflect current industry security standards;
(4) establish safeguards to mitigate the use of such supported technologies for illicit purposes;
(5) solicit project proposals through an open, transparent, and competitive application process to attract innovative applications and reduce barriers to entry;
(6) seek input from technical, regional, and subject matter experts from a wide range of
relevant disciplines, to review, provide feedback, and evaluate proposals to ensure the most competitive projects are funded;
(7) implement an independent review process, through which proposals are reviewed by such experts to ensure the highest degree of technical review and due diligence;
(8) maximize cooperation with the public and private sectors, as well as foreign allies and partner countries, to maximize efficiencies and eliminate duplication of efforts; and
(9) utilize any other methodology that is considered an industry best practice in furtherance of the mission of the Open Technology Fund.
(f) Grants to the Open Technology Fund.--Any agreement with the Department of State or other Federal department or agency governing the expenditure of amounts appropriated to the Open Technology Fund shall be subject to the following limitations and restrictions:
(1) The headquarters of the Open Technology Fund and its senior administrative and managerial staff shall be located in a location which ensures economy, operational effectiveness, and public accountability.
(2) Amounts appropriated by Congress to the Open Technology Fund shall be made subject to an agreement that--
(A) requires such amounts be used only for activities consistent with this section;
(B) permits the termination of such amounts without fiscal obligation to the United States if the Open Technology Fund fails to substantially comply the requirements set forth in the grant;
(C) requires any contract entered into by the Open Technology Fund to specify that all obligations are assumed by the Open Technology Fund and not by the United States Government;
(D) prohibits the Open Technology Fund from entering into an obligation before receiving funding from the United States Government; and
(E) requires any lease agreements entered into by the Open Technology Fund to be assignable to the United States Government, to the extent possible.
(3) Administrative and managerial costs for operation of the Open Technology Fund--
(A) should be kept to a minimum; and
(B) to the maximum extent feasible, should not exceed the costs that would have been incurred if the Open Technology Fund had been operated as a Federal entity rather than as an independent nonprofit corporation.
(4) Amounts appropriated by Congress to the Open Technology Fund may not be used for any activity the purpose of which is influencing the passage or defeat of legislation being considered by Congress.
(g) Assistance to Broadcasting Entities.--The Open Technology Fund should render assistance to broadcasting entities and United States Government-supported exile media grantees to the extent necessary for censorship circumvention and secure communications.
(h) Not a Federal Agency or Instrumentality.--Nothing in this section may be construed to make the Open Technology Fund a Federal agency or instrumentality.
(i) Relationship to Other United States Government-funded Internet Freedom Programs.--The Open Technology Fund shall coordinate with internet freedom programs of the Department of State and other relevant United States Government departments, in order to share information and best-practices relating to the implementation of subsections (d) and (e).
(j) Annual Report.--The Open Technology Fund shall highlight, in its annual report, internet freedom activities, including a comprehensive assessment of the Open Technology Fund's activities relating to the implementation of subsections (d) and (e). Each such report shall include--
(1) an assessment of the current state of global internet freedom, including trends in censorship and surveillance technologies and internet shutdowns, and the threats such pose to journalists, citizens, and human rights and civil-society organizations; and
(2) a description of the technology projects supported by the Open Technology Fund and the associated impact of such projects in the prior year, including the countries and regions in which such technologies were deployed, and any associated metrics indicating audience usage of such technologies, as well as future-year technology project initiatives.
(k) Audit Authorities.--
(1) In general.--Financial transactions of the Open Technology Fund relating to functions carried out under this section may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places at which accounts of the Open Technology Fund are normally kept.
(2) Access by government accountability office.--The Government Accountability Office shall have access to all books, accounts, records, reports, files, papers, and property belonging to or in use by the Open Technology Fund pertaining to financial transactions as may be necessary to facilitate an audit. The Government Accountability Office shall be afforded full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, and property of the Open Technology Fund shall remain in the possession and custody of the Open Technology Fund.
(3) Exercise of authorities.--Notwithstanding any other provision of law, the Inspector General of the Department of State is authorized to exercise the authorities of chapter 4 of title 5, United States Code (commonly referred to as the "Inspector General Act of 1978"), with respect to the Open Technology Fund.
(l) Global Internet Freedom.--Section 9707(d) of the Department of State Authorization Act of 2002 (22 U.S.C. 6217(d)) is amended--
(1) in the subsection heading, by striking "United States Agency for Global Media" and inserting "Open Technology Fund";
(2) in paragraph (1), by striking "the Chief Executive Officer of the USAGM, in consultation with";
(3) in paragraph (2), in the matter preceding subparagraph (A), by striking "the USAGM or"; and
(4) in paragraph (3)--
(A) by striking the paragraph header and inserting "open technology fund";
(B) in the matter preceding subparagraph (A), by striking "The Chief Executive Officer of the USAGM, in consultation with the President" and inserting "The President";
(C) in subparagraph (A), by striking "international broadcasting programs and incorporate such programs into" and inserting "with international broadcasting programs to advise on"; and
(D) in subparagraph (C), by striking "in accordance with USAGM's annual language service prioritization review" and inserting "in consultation with international broadcasting program priorities".
(m) Repeal.--Section 309A of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208a) is repealed.
(n) Conforming Amendments.--The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended--
(1) in section 304(d), by striking "the Open Technology Fund,";
(2) in section 305(c)(1), by striking "the Open Technology Fund,";
(3) in section 306(e)(1), by striking "the Open Technology Fund,"; and
(4) in section 310(d), by striking "the Open Technology Fund,".
SEC. 6251.
Text printed in the Record (10,550 characters)
STRATEGY FOR UNITED STATES-NATO INTEGRATED
TECHNOLOGY SOLUTION.
(a) In General.--In designing, procuring, or deploying cyber and digital warfighting capabilities for, and in coordination with, the North Atlantic Treaty Organization (NATO), the Secretary of State and the Secretary of Defense shall seek--
(1) to advance solutions that promote collaboration and interoperability with respect to the cyber and digital systems of the United States and of NATO allies; and
(2) to ensure that artificial intelligence-guided systems operated by the United States and NATO allies recognize each other and work together in joint operations.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, in coordination with the Secretary of Commerce, shall submit to the appropriate congressional committees a report that contains the following:
(1) A strategy to maintain integrated cyber and digital technology solutions for NATO capabilities, incorporating cyber, artificial intelligence, and digital systems from United States vendors and vendors of NATO allies.
(2) A description of efforts made, during the reporting period, to implement subsection (a).
(3) A description of the national security risks posed by disintegrated, non-interoperable cyber, artificial intelligence, and digital technology solutions to the United States and NATO allies.
SEC. 6252. REPORT ON UNITED STATES WEAPONS SALES TO NATO.
(a) In General.--Not later than February 1 of each year, the Secretary of State, in coordination with the Secretary of Defense, shall submit to Congress a report on United States weapons sales and transfers to NATO, as an organization, and to each member country of NATO during the preceding calendar year.
(b) Elements.--Each report required by subsection (a) shall include--
(1) the information required by section 655 of the Foreign Assistance Act (22 U.S.C. 2415); and
(2) a description of--
(A) any sale authorized pursuant to sections 21 or 38 of the Arms Export Control Act (22 U.S.C. 2761; 2778);
(B) any transfer pursuant to the authority of section 333 of title 10, United States Code; and
(C) any transfer pursuant to section 516 of the Foreign Assistance Act (22 U.S.C. 2321j).
(c) Form.--Each report required by subsection (a) shall be submitted in unclassified form.
SEC. 6261. SHORT TITLE.
This subtitle may be cited as the "Taiwan Allies Fund Act".
SEC. 6262. FINDINGS.
Congress makes the following findings:
(1) Taiwan is a free and prosperous democracy of more than 23,000,000 people and an important contributor to peace and stability around the world.
(2) The People's Republic of China (PRC) has engaged in a years-long campaign to diplomatically isolate Taiwan on the world stage.
(3) Since 2013, the Gambia, Sao Tome and Principe, Panama, the Dominican Republic, Burkina Faso, El Salvador, the Solomon Islands, Kiribati, Nicaragua, Honduras, and, most recently in 2024, Nauru have severed diplomatic relations with Taiwan in favor of diplomatic relations with the People's Republic of China.
(4) The People's Republic of China has used economic and diplomatic intimidation against countries pursuing unofficial relations with Taiwan, including Lithuania, Czechia, and the United States.
(5) The Taiwan Relations Act of 1979 (Public Law 96-8) states that it is the policy of the United States "to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan".
(6) The Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 (Public Law 116-135) states that the United States Government should--
(A) "support Taiwan in strengthening its official diplomatic relationships as well as other partnerships with countries in the Indo-Pacific region and around the world"; and
(B) "consider, in certain cases as appropriate and in alignment with United States interests, increasing its economic, security, and diplomatic engagement with nations that have demonstrably strengthened, enhanced, or upgraded relations with Taiwan".
SEC. 6263. SENSE OF CONGRESS.
It is the sense of Congress that the United States Government should--
(1) advocate, as appropriate, for Taiwan's engagement on the global stage, including at international organizations;
(2) promote the preservation and expansion of Taiwan's official diplomatic relations with countries around the world;
(3) expand Taiwan's unofficial relations with countries around the world;
(4) encourage countries with unofficial relations with Taiwan to deepen their engagement; and
(5) advance the economic development of countries that support Taiwan.
SEC. 6264. TAIWAN ALLIES FUND.
(a) Authorization of Appropriations.--Of the amounts made available under the Countering People's Republic of China Influence Fund for each of fiscal years 2027, 2028, and 2029, there is authorized to be appropriated $10,000,000 for each such fiscal year to support Taiwan's international space.
(b) Eligible Countries.--Amounts available pursuant to the authorization of appropriations under subsection (a) may be used in countries that--
(1) maintain official relations with Taiwan or the Secretary of State certifies to Congress have meaningfully strengthened unofficial relations with Taiwan;
(2) have been subject to coercion or pressure by the People's Republic of China due to their relations with Taiwan; and
(3) lack the economic or political capability to effectively respond to such coercion or pressure by the People's Republic of China without the support of the United States.
(c) Use of Funds.--Amounts available pursuant to the authorization of appropriations under subsection (a) may be used to support any of the following activities in the countries described in subsection (b) if such activities have a direct linkage to the goal of supporting Taiwan's international engagement, are aligned with clear and justifiable United States counter-PRC strategic imperatives that guide all programs funded by the Counter PRC Influence Fund, and support United States national interests:
(1) To support initiatives that provide alternatives to the People's Republic of China health, digital, and energy initiatives.
(2) To build the capacity and resilience of civil society, media, and other nongovernmental organizations in countering the malign influence of the People's Republic of China.
(3) To diversify supply chains away from the People's Republic of China, particularly to mitigate vulnerabilities to PRC economic coercion.
(4) To provide alternatives to People's Republic of China development assistance and project financing and to expose the People's Republic of China's failure to deliver on development promises or other negative aspects of PRC development assistance.
(5) To support Taiwan's official or unofficial diplomatic presence abroad or advance Taiwan's meaningful participation in international fora and multilateral organizations.
(6) To provide United States or allied alternatives to People's Republic of China information and communications technology infrastructure and components, in coordination with the private sector, as appropriate.
(7) To strengthen the capacity of partner countries to address and reduce the impacts of foreign malign influence operations, propaganda, and other asymmetric informational activities originating from the People's Republic of China.
(8) To mitigate a country's specific vulnerabilities to the People's Republic of China's coercion over the country's relationship with Taiwan.
(d) Limitation on Funds.--A country described in subsection (b) may not receive more than $5,000,000 of funds made available pursuant to the authorization of appropriations under subsection (a) during any fiscal year.
(e) Implementation.--
(1) In general.--The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall coordinate and carry out activities described in subsection (c).
(2) Authorities.--Amounts available pursuant to the authorization of appropriations under subsection (a) may be considered foreign assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for purposes of making available the administrative authorities in that Act and may be transferred to, and merged with, funds made available for any provision of the Foreign Assistance Act of 1961 to carry out the purposes of this section, except that such funds shall remain available until expended.
(3) Coordination with taiwan.--In order to maximize cost efficiency and eliminate duplication, the Secretary of State should ensure coordination with relevant counterparts in Taiwan, as appropriate.
(4) Cost-sharing with taiwan.--The Secretary of State shall, to the maximum extent practicable, encourage cost-sharing arrangements with Taiwan for the assistance described in subsection (b) or otherwise complementary assistance.
(5) Report.--
(A) In general.--Not later than 1 year after the date of the enactment of this section, and annually thereafter for two years, the Secretary of State shall submit to the appropriate congressional committees a report on activities described in this section that were carried out during the preceding fiscal year.
(B) Elements.--Each report required by subparagraph (A) shall include--
(i) with respect to each activity described in subsection (c)--
(I) the amount of funding for the activity;
(II) the goal to which the activity relates; and
(III) an assessment of the success of the activity to meet the goal to which the activity relates; and
(ii) with respect to this subsection--
(I) the amount of funding for the activity provided by Taiwan during the preceding year, if any; and
(II) an assessment of whether the funding described in subclause (I) is commensurate with funding provided by the United States.
(f) Rule of Construction.--Nothing in this section may be construed to apply to or limit United States foreign assistance not provided using amounts available pursuant to the authorization of appropriations under subsection (a).
(g) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE ACTIVITIES
Text printed in the Record (3,481 characters)
SEC. 6501. SPACE CONTROL AND SPACE SUPERIORITY READINESS.
(a) Findings.--Congress finds the following:
(1) The space domain is critical to deterrence and warfighting.
(2) The United States must maintain the ability to achieve space control in a conflict with the People's Republic of China.
(b) Wargaming, Modeling, and Simulation.--The Secretary of Defense shall expand the capacity of the Space Force to conduct wargaming, modeling, and simulation of peer conflict scenarios in the space domain.
(c) Training.--The Secretary of Defense shall develop training programs for space operators focused on tactics, techniques, and procedures necessary for space control operations.
(d) Report.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on--
(A) Chinese commercial space capabilities; and
(B) the potential military applications of such capabilities.
(2) Form.--The report required by paragraph (1) shall be submitted in unclassified form.
SEC. 6502. REPORT ON SAFE ORBITAL TRAJECTORY OPTIONS FROM
INLAND AND NONTRADITIONAL LAUNCH SITES.
(a) In General.--Not later than 180 days after the date of the enactment of this Act of this Act, the Secretary of Defense, in consultation with the Administrator of the Federal Aviation Administration and the Administrator of National Aeronautics and Space Administration, shall submit to the congressional defense committees a report on safe orbital launch trajectory options from inland and nontraditional launch sites.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An assessment of the flight safety requirements necessary to permit overland launch trajectories for both expendable and partially or fully reusable launch systems to the various inclinations and orbital regimes, including Low-Earth Orbit (LEO), Medium-Earth Orbit (MEO), Geostationary Orbit (GEO), and Highly Elliptical Orbit (HEO).
(2) Public safety and debris-risk modeling for prospective full-cycle launch and reentry operations, including economic and environmental impacts.
(3) An evaluation of the types of full-cycle launch and reentry vehicles suitable for inland and nontraditional sites, explicitly addressing the infrastructure required to support vertical launch capabilities and distinguishing among expendable, partially reusable, and fully reusable launch systems.
(4) A cost estimate for the infrastructure and operational needs associated with activating and using individual inland and nontraditional launch sites, considering both existing commercial spaceport infrastructure and potential new sites.
(5) A cost-benefit analysis weighing the national security resilience benefits of expanded launch infrastructure with the substantial investments required to support heavy-lift launch vehicles.
(6) An analysis of the manner in which such alternative launch options will inform future operational and capability requirements for national security launch providers.
(7) A framework for integrating nontraditional and inland ranges into the national launch enterprise through Federal range services, dynamic airspace management, and flexible deployment capabilities.
(8) The assumptions and conditions on which the report is based and an assessment of their viability.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
Subtitle B--National Quantum Initiative Reauthorization Act of 2026
Text printed in the Record (11,757 characters)
SEC. 6511. SHORT TITLE.
This subtitle may be cited as the "National Quantum Initiative Reauthorization Act of 2026".
SEC. 6512. DEFINITIONS.
Section 2 of the National Quantum Initiative Act (15 U.S.C. 8801) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), the first paragraph (8) (relating to the definition of the "Subcommittee on Economic and Security Implications"), and the second paragraph (8) (relating to the definition of the "Subcommittee on Quantum Information Science") as paragraphs (7), (9), (12), (13), (18), and (19), respectively;
(2) by inserting after paragraph (3) the following:
"(4) Federal laboratory.--The term `Federal laboratory' has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
"(5) Foreign country of concern.--The term `foreign country of concern' means a country that is a covered nation (as such term is defined in section 4872(f) of title 10, United States Code).
"(6) Foreign entity of concern.--The term `foreign entity of concern' means a foreign entity that is--
"(A) designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));
"(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the `SDN list');
"(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as such term is defined in section 4872(f) of title 10, United States Code);
"(D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under--
"(i) chapter 37 of title 18, United States Code (commonly known as the `Espionage Act');
"(ii) section 951 or 1030 of title 18, United States Code;
"(iii) chapter 90 of title 18, United States Code (commonly known as the `Economic Espionage Act of 1996');
"(iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
"(v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);
"(vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or
"(vii) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
"(E) determined by the Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Defense, and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.";
(3) in paragraph (7), as so redesignated, by striking "(a)" each place it appears;
(4) by inserting after paragraph (7), as so redesignated, the following new paragraph:
"(8) National laboratory.--The term `National Laboratory' has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).";
(5) by inserting after paragraph (9), as so redesignated, the following:
"(10) Quantum applications.--The term `quantum applications' means uses of quantum information science, engineering, and technology, including quantum algorithms and software, quantum computing and quantum-classical hybrids, quantum sensing, quantum networking, quantum encryption, quantum simulation, or quantum communications applications.
"(11) Quantum computing.--The term `quantum computing' means any of a variety of quantum computing technologies, including quantum annealing and quantum gate-model systems that utilize a variety of architectures, such as superconductors, ion traps, photonics, neutral atoms, atomic spin, electron spin, or topological qubits.";
(6) by amending paragraph (12), as so redesignated, to read as follows:
"(12) Quantum information science, engineering, and technology.--The term `quantum information science, engineering, and technology' means the understanding, translation, use, or application of the laws of quantum physics for the storage, transmission, manipulation, computing, simulation, or measurement of information."; and
(7) by inserting after paragraph (13), as so redesignated, the following:
"(14) Quantum networking.--The term `quantum networking' means the transmission of quantum information and the distribution and use of entanglement across nodes to enable new information technology applications and fundamental science.
"(15) Quantum sensing.--The term `quantum sensing'--
"(A) means the use of quantum mechanics to enhance or enable new sensors; and
"(B) can include uses of superposition and entanglement, nonclassical states, and advances in accuracy and precision enabled by quantum control.
"(16) STEM.--The term `STEM' means the academic and professional disciplines of science, technology, engineering, and mathematics, including computer science.
"(17) Supply chain shock.--The term `supply chain shock'--
"(A) means an event causing severe or serious disruption to normal operations or capacity in a supply chain; and
"(B) includes--
"(i) a natural disaster;
"(ii) a pandemic;
"(iii) a biological threat;
"(iv) a cyber attack;
"(v) a geopolitical conflict;
"(vi) a terrorist or geopolitical attack;
"(vii) a trade disruption caused by--
"(I) a foreign country of concern; or
"(II) an entity or an individual subject to the jurisdiction of such a country; and
"(viii) an event for which the President declares a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 5191).".
SEC. 6513. PURPOSES.
Section 3 of the National Quantum Initiative Act (15 U.S.C. 8802) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as follows:
"(A) to expand the number of researchers, educators, and students with training in quantum information science, engineering, and technology to develop a domestic workforce pipeline and retain international talent to the extent consistent with national security and international competitiveness;";
(B) in subparagraph (B), by striking "science at the" and inserting "science, engineering, and technology at the";
(C) in subparagraph (D)--
(i) by striking "science and technology" and inserting "science, engineering, and technology"; and
(ii) by striking "and" after the semicolon; and
(D) by adding at the end the following:
"(F) to facilitate development of quantum applications, including quantum-hybrid applications, to promote innovation; and
"(G) to support advancements in emerging technologies that could benefit from or benefit the development of quantum technology and promote research, development, demonstration, and application of such emerging technologies in quantum information science, engineering, and technology and scientific discovery.";
(2) in paragraph (2), by striking "science and technology" and inserting "science, engineering, and technology";
(3) in paragraph (3), by striking "science and technology" and inserting "science, engineering, and technology";
(4) in paragraph (4)--
(A) by inserting "National Laboratories," after "Federal laboratories,"; and
(B) by striking "and" after the semicolon;
(5) in paragraph (5)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting "partnerships, research collaborations, and" after "international"; and
(ii) by striking "science and technology security" and inserting "science, engineering, and technology";
(B) in subparagraph (A), by striking "and" after the semicolon;
(C) in subparagraph (B), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
"(C) to facilitate cooperation in the advancement of quantum capabilities among the United States and its strategic allies and partners to strengthen and secure the quantum-relevant supply chain and related ecosystem; and
"(D) to coordinate on potential export or strategic trade controls where appropriate; and"; and
(6) by adding at the end the following:
"(6) improving the maturity and scale of the quantum industry.".
SEC. 6514. NATIONAL QUANTUM INITIATIVE PROGRAM.
Subsection (b) of section 101 of the National Quantum Initiative Act (15 U.S.C. 8811) is amended--
(1) in paragraph (1)--
(A) by striking "development" and inserting "research, development, and near-, medium-, and long-term demonstration"; and
(B) by striking "information science and technology";
(2) in paragraph (2)--
(A) by striking "science and technology" and inserting "science, engineering, and technology"; and
(B) by inserting "infrastructure," after "demonstration,";
(3) in paragraph (3)--
(A) by inserting "and retain" after "to develop"; and
(B) by striking "science and technology" and inserting "science, engineering, and technology";
(4) by amending paragraph (4) to read as follows:
"(4) provide for interagency planning and coordination of Federal quantum information science, engineering, and technology research, development, demonstration, standards engagement, and other activities under the Program, including activities authorized pursuant to section 234 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001 note), quantum educational activities and programs authorized pursuant to section 10661 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19261), and activities conducted at any Federal laboratory or National Laboratory;"; and
(5) in paragraph (5)--
(A) by striking "industry and universities" and inserting "industry, universities, and strategic allies and partners"; and
(B) by inserting ", including human resources" after "resources".
SEC. 6515. NATIONAL QUANTUM COORDINATION OFFICE.
Section 102 of the National Quantum Initiative Act (15 U.S.C. 8812) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by inserting "who shall be" before "appointed"; and
(B) by amending subparagraph (B) to read as follows:
"(B) staff comprising employees detailed from the Federal departments and agencies specified in section 103(b)."; and
(2) in subsection (b)--
(A) in paragraph (3), by striking "science and technology" and inserting "science, engineering, and technology research, development, workforce, and international";
(B) by amending paragraph (4) to read as follows:
"(4) ensure coordination among the collaborative ventures or consortia established under this Act, including under section 201(a), the Multidisciplinary Centers for Quantum Research and Education established under section 302(a), the National Quantum Information Science Research Centers established under section 402(a), and the Quantum Economic Development Consortium;";
(C) in paragraph (6), by striking "; and" and inserting a semicolon;
(D) in paragraph (7)--
(i) by inserting "nonprofit research organizations," after "universities,"; and
(ii) by striking the period at the end and inserting a semicolon; and
(E) by adding after paragraph (7) the following:
"(8) promote understanding and adoption of viable quantum capabilities that strengthen the United States economy, as may be appropriate;
"(9) track, monitor, and promote policies that will ensure the stability of the United States quantum workforce, quantum supply chain, domestic quantum industry, and international trade; and
"(10) ensure coordination and avoid unnecessary duplication of existing quantum-related activities, other activities carried out under this Act, and other related programs, as appropriate.".
SEC. 6516. SUBCOMMITTEE ON QUANTUM INFORMATION SCIENCE.
Section 103 of the National Quantum Initiative Act (15 U.S.C.
Text printed in the Record (10,790 characters)
8813) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking "the quantum information science and technology research," and inserting "quantum information science, engineering, and technology research, quantum application development, and demonstration,";
(B) in paragraph (4)--
(i) by inserting ", engineering, and technology" after "science"; and
(ii) by inserting "skillset" before "diversity";
(C) in paragraph (5)--
(i) by inserting ", engineering, and technology" after "science"; and
(ii) by inserting "and conduct comparative benchmarking of Federal investments and research strategies relative to those of strategic allies and partners of the United States and other countries" after "development efforts";
(D) in paragraph (6)--
(i) by striking "science and technology" and inserting "science, engineering, and technology"; and
(ii) by striking "and" after the semicolon;
(E) in paragraph (7)--
(i) by inserting ", engineering, and technology" after "science"; and
(ii) by striking the period and inserting a semicolon; and
(F) by adding at the end the following:
"(8) facilitate interagency partnership opportunities to advance quantum applications related to advanced manufacturing, biotechnology, critical minerals, chemistry, space, and other sectors; and
"(9) evaluate the competitiveness and capabilities of the United States in quantum technologies with respect to quantum computing, sensing, networking, and applications.";
(2) in subsection (g)(2)--
(A) in paragraph (A), by inserting "numbers" after "budget";
(B) in paragraph (B), by inserting "numbers" after "budget"; and
(C) by adding at the end the following new paragraphs:
"(D) Metrics for measuring the impact of the Program for the current fiscal year, for each Federal department and agency described in subsection (b).
"(E) Value proposition as a result of each interagency partnership opportunity.";
(3) in subsection (h)(2)(A), by inserting ", including a description of agency roles and responsibilities" before the period; and
(4) by adding at the end the following new subsection:
"(i) Quantum Use Cases.--
"(1) In general.--The Subcommittee shall identify potential use cases for quantum technologies that could advance the missions of Federal departments and agencies participating in the Program.
"(2) Quantum on-ramp.--For each potential use case identified pursuant to paragraph (1) for a Federal department or agency, the head of the Federal department or agency may, in consultation with the Subcommittee, develop a plan to enable such department or agency to address the potential use case.
"(3) Comparison to artificial intelligence technologies.--For any potential use case identified under paragraph (1) for a Federal department or agency, the head of the department or agency may, in consultation with the Subcommittee, consider the quantum use case's interplay with artificial intelligence and compare its anticipated costs, functionality, and benefits.
"(4) Reporting.--The Subcommittee, as part of the annual report on the budget for the Program under subsection (g), shall report progress in carrying out the activities under this subsection, including information relating to the following:
"(A) The potential use cases identified pursuant to paragraph (1).
"(B) The status of plans developed pursuant to paragraph (2).
"(C) Any obstacles to addressing such potential use cases, including lack of funding.".
SEC. 6517. NATIONAL QUANTUM INITIATIVE ADVISORY COMMITTEE.
Section 104 of the National Quantum Initiative Act (15 U.S.C. 8814) is amended--
(1) by amending subsection (b) to read as follows:
"(b) Qualifications.--The Advisory Committee shall consist of members, appointed by the President, who--
"(1) are representative of--
"(A) industry; and
"(B) universities and Federal laboratories that are qualified to provide advice and information on quantum information science, engineering, and technology research, development, demonstrations, standards, STEM education and workforce, technology transfer, economics, and national security, or research security; and
"(2) may hold doctoral degrees in physical sciences, mathematics, computer science, engineering, or related fields.";
(2) in subsection (d)(2)--
(A) in subparagraph (A), by striking "science and technology" and inserting "science, engineering, and technology";
(B) in subparagraph (D)--
(i) by striking "to" and inserting "promote innovation, foster a robust United States quantum industry, and"; and
(ii) by striking "science and technology" and inserting "science, engineering, and technology";
(C) in subparagraph (E), by inserting ", including to address any gaps that may exist in basic research, capabilities, workforce, supply chain, or coordination among participating Federal agencies" before the semicolon;
(D) in subparagraph (F), by striking "open standards for, quantum information science and technology; and" and inserting "international standards in open and transparent standardization systems for quantum information science, engineering, and technology;";
(E) in subparagraph (G)--
(i) by striking "societal,"; and
(ii) by striking the period and inserting a semicolon; and
(F) by adding at the end the following new subparagraphs:
"(H) the domestic and international cooperation needs and goals of the Program, including those related to infrastructure and the supply chain of quantum information science, engineering, and technology; and
"(I) the degree to which quantum information science, engineering, and technology--
"(i) is enhancing or can enhance--
"(I) the capabilities of the United States advanced industrial economy; and
"(II) Federal, State, and local government capabilities and services; and
"(ii) can protect or optimize critical infrastructure (as such term is defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e))).";
(3) in subsection (e)--
(A) by inserting "through December 31, 2030" after "thereafter"; and
(B) by adding at the end the following new sentence: "In the first such report required after the date of the enactment of the National Quantum Initiative Reauthorization Act of 2026, the Advisory Committee shall assess the benefits and opportunities to strengthen quantum communications corridors in which Federal laboratories, institutions of higher education, and other entities conducting quantum information science, engineering, and technology research are connected via quantum communication networks capable of securely transmitting information.";
(4) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and
(5) by inserting after subsection (d) the following:
"(e) Performance and Usefulness Assessment of National Quantum Initiative Program.--
"(1) Annual evaluation required.--Not less frequently than once each year, the Advisory Committee shall, in coordination with the Subcommittee on Quantum Information Science, conduct an evaluation of the effectiveness, progress, and usefulness of activities carried out under the Program.
"(2) Elements.--Each evaluation under paragraph (1) shall assess--
"(A) which Federal programs or activities within the Program have made measurable progress toward program goals;
"(B) which Federal programs within the Program have produced tangible scientific, workforce, or commercial outcomes;
"(C) which programs or activities within the Program have overlapping missions or duplicative structures;
"(D) resource utilization and return on investment of each major component of the Program; and
"(E) barriers to performance or implementation of the Program, including structural, regulatory, or administrative challenges.
"(3) Report to congress.--Not later than March 1 of each year, the Advisory Committee shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report summarizing the findings of the Advisory Committee with respect to the evaluation most recently conducted under paragraph (1), including specific recommendations for--
"(A) improvements to the Program;
"(B) consolidation or termination of programs or activities within the Program; and
"(C) realignment of funding to high-impact areas within the Program.
"(4) Public summary.--The Advisory Committee shall make a public-facing summary of each report submitted under paragraph (3) available on the website of the Advisory Committee to promote transparency and accountability.".
SEC. 6518. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY
IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.
Section 105 of the National Quantum Initiative Act (15 U.S.C. 8814a) is amended--
(1) in subsection (b)--
(A) in paragraph (10), by striking "and" after the semicolon;
(B) by redesignating paragraph (11) as paragraph (12); and
(C) by inserting after paragraph (10) the following:
"(11) the National Aeronautics and Space Administration; and"; and
(2) in subsection (c)--
(A) in paragraph (1), by striking "information science" and inserting "information science, engineering, and technology";
(B) in paragraph (2), by inserting "or to supply chains" before the semicolon;
(C) in paragraph (3), by inserting "or supply chains" before the semicolon;
(D) in paragraph (5)--
(i) by inserting ", engineering, and technology" after "quantum information science"; and
(ii) by inserting "any" before "export controls";
(E) in paragraph (6), by striking "information science" and inserting "information science, engineering, and technology";
(F) in paragraph (7), by striking "and" after the semicolon;
(G) in paragraph (8)--
(i) by striking "information science" and inserting "information science, engineering, and technology"; and
(ii) by striking the period and inserting a semicolon; and
(H) by adding at the end the following:
"(9) in coordination with the Subcommittee on Quantum Information Science, identify opportunities to increase coordination between civilian, military, and intelligence quantum research entities, reduce unnecessary duplicative quantum research activities, and facilitate collaboration between quantum research agencies with specialized capabilities or expertise in one or more aspects of quantum information science, engineering, and technology; and
"(10) recommend strategies for attracting and retaining students and scholars with expertise in quantum-related fields to Federal departments and agencies.".
SEC. 6519. INTERNATIONAL QUANTUM COOPERATION STRATEGY.
The National Quantum Initiative Act (15 U.S.C. 8801 et seq.) is amended by inserting after section 105 the following new section:
"SEC. 105A.
Text printed in the Record (7,833 characters)
INTERNATIONAL QUANTUM COOPERATION STRATEGY.
"(a) Strategy Required.--Not later than one year after the date of the enactment of this section, the Director of the Office of Science and Technology Policy shall, in coordination with the Secretary of State and in consultation with the Secretary of Commerce, the Secretary of Energy, the Director of the National Science Foundation, the Director of the National Institute of Standards and Technology, the Administrator of the National Aeronautics and Space Administration, and the heads of other Federal agencies, as appropriate, develop and submit to the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Committee on Foreign Relations of the Senate, and the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives a strategy--
"(1) to establish collaborative international partnerships to advance research and development, testing and evaluation, and interoperability in quantum information science, engineering, and technology with allies and partners of the United States, and other countries, when in the security, strategic, technological, and scientific interests of the United States;
"(2) to ensure continued participation by the United States in bilateral and multilateral efforts to advance quantum information science, engineering, and technology on the international stage, including programs to advance research and development, testing and evaluation, and interoperability in quantum information science, engineering, and technology with allies and partners of the United States;
"(3) to promote the integrity and impartiality of international standards organizations and processes related to quantum information science, engineering, and technology; and
"(4) to ensure responsible and ethical research and development, testing and evaluation, and interoperability in quantum information science, engineering, and technology.
"(b) Designation.--The strategy developed under subsection (a) shall be known as the `International Quantum Cooperation Strategy' (in this section referred to as the `Strategy').
"(c) Elements.--In the development of the Strategy, the Director of the Office of Science and Technology Policy, the National Quantum Coordination Office, the Subcommittee on Quantum Information Science, the Subcommittee on the Economic and Security Implications of Quantum Information Science, the Secretary of State, and the relevant agencies shall consider including the following:
"(1) The establishment of international partnerships to advance research and development in quantum information science, engineering, and technology.
"(2) Plans for diplomatic engagement with key strategic allies and partners of the United States that have demonstrated unique capabilities in one or more areas of quantum information science, engineering, and technology.
"(3) Efforts and plans to address risks to the national security and economic interests of the United States during development and deployment of quantum technologies worldwide.
"(4) Efforts and plans to promote global development and deployment of quantum technologies, including through international engagement and leadership in the development of international standards that are aligned with United States national interests.
"(5) Efforts and plans to develop, attract, and retain international talent.
"(6) The ability and risks of domestic manufacturers and suppliers and those of allies and partners of the United States to meet the needs of the global quantum supply chain, including raw materials such as helium-3, plans for engagement with allies and partners, manufacturers, and suppliers, and options to mitigate gaps and vulnerabilities in the global quantum supply chain.
"(7) A plan to safeguard research and technology supported through international cooperation, as appropriate, in whole or in part, including in quantum technologies critical to national security, from malign influence, theft, or exfiltration by foreign entities of concern.
"(8) As necessary, a description of such legislative or administrative action as is needed to carry out the Strategy.
"(d) Briefing.--Not later than 30 days after the date on which the Strategy is completed, the Director shall brief the committees specified in subsection (a) on the Strategy.".
SEC. 6520. PRIZE CHALLENGES.
The National Quantum Initiative Act (15 U.S.C. 8801 et seq.) is amended--
(1) by redesignating section 106 as section 107; and
(2) by inserting after section 105A, as added by section 6519 of this Act, the following:
"SEC. 106. NATIONAL QUANTUM PRIZE CHALLENGES.
"(a) In General.--Subject to the availability of appropriations, any head of a Federal agency with a representative serving on
the Subcommittee on Quantum Information Science established under section 103 may, individually or in cooperation with one or more heads of Federal agencies--
"(1) conduct a prize competition under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), or such other prize competition authority as may be available to the head of an agency, to accelerate the development of applications and algorithms in quantum information science, engineering, and technology; and
"(2) define a measurable set of performance goals for participants in the prize competitions to demonstrate their solutions on a level playing field while making a significant advancement over the current state of the art.
"(b) Purpose.--Any prize competition carried out under subsection (a) shall be for the purpose of stimulating innovation to advance the ability of the United States to achieve high-priority breakthroughs for applications in quantum information science, engineering, and technology, such as in quantum computing, quantum sensing, quantum communications, quantum networking, quantum algorithms, and quantum cryptography.
"(c) Coordination With Subcommittees.--Each prize competition conducted under subsection (a) may be conducted in coordination with members of the Subcommittee on Quantum Information Science and the Subcommittee on the Economic and Security Implications of Quantum Information Science.
"(d) Recommendations.--To assist in the administration of this section, the Subcommittee on Quantum Information Science may provide recommendations on key challenges in quantum information science, engineering, and technology that would be well suited for a prize competition under subsection (a). The recommendations shall include a scope for efforts carried out under such subsection.".
SEC. 6521. SUNSET OF NATIONAL QUANTUM INITIATIVE.
Subsection (a) of section 107 of the National Quantum Initiative Act (15 U.S.C. 8815), as redesignated by section 6510 of this Act, is amended to read as follows:
"(a) In General.--Except as provided in subsection (b), the authority to carry out sections 101, 102, 103, 104, and 105 shall terminate on December 30, 2034.".
SEC. 6522. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
ACTIVITIES AND QUANTUM CONSORTIUM.
Section 201 of the National Quantum Initiative Act (15 U.S.C. 8831) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking "science and technology" and inserting "science, engineering, and technology";
(B) in paragraph (2)--
(i) by inserting "attract, educate, and" before "train"; and
(ii) by striking "science and technology" and inserting "science, engineering, and technology";
(C) by amending paragraph (3) to read as follows:
"(3) shall carry out research to facilitate the development and standardization, as appropriate, of quantum cryptography, post-quantum cryptography (as such term is defined in section 3 of the Quantum Computing Cybersecurity Preparedness Act (6 U.S.C.
Text printed in the Record (9,924 characters)
1526 note; Public Law 117-260)), and practices to replace cryptographic keys or algorithms with minimal disruption to current applications and systems;";
(D) by amending paragraph (4) to read as follows:
"(4) shall carry out research, development, and demonstration projects, as appropriate, to facilitate the development of quantum applications, including research on quantum supply chain-enabling technologies, such as lasers, cryogenics, and other supporting technologies;";
(E) by redesignating paragraphs (5), (6), and (7) as paragraphs (7), (8), and (9), respectively;
(F) by inserting after paragraph (4) the following:
"(5) shall, in coordination with the Secretary of State, promote United States participation in international standards organizations related to quantum information science, engineering, and technology;
"(6) shall establish or expand partnerships with the public sector and private sector--
"(A) to accelerate the development of domestic quantum supply chain and supply chain-supporting technologies;
"(B) to reduce quantum supply chain vulnerabilities; and
"(C) to avoid offshoring to, or dependence on, foreign countries of concern for critical components of capabilities in the quantum supply chain;";
(G) in paragraph (7), as so redesignated, by striking "infrastructure" and inserting ", communications, sensing, and computing"; and
(H) in paragraph (8), as so redesignated--
(i) by inserting "nonprofit research organizations," after "universities,"; and
(ii) by striking "and engineering" and inserting ", engineering, and technology and expanding the domestic STEM workforce";
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking "future measurement" and inserting "research, measurement"; and
(ii) by striking "science and technology" and inserting "science, engineering, and technology";
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
"(A) to gather and assess information on the quantum industry to address the needs identified in paragraph (1);"; and
(ii) by striking subparagraphs (B) and (C) and inserting the following new subparagraphs:
"(B) to provide recommendations regarding how the National Institute of Standards and Technology, the Program, and other Federal agencies, as appropriate, can address the gaps in the research necessary to meet the needs identified in paragraph (1); and
"(C) to assess and identify key areas for establishing, expanding, or developing international partnerships that will meet the needs identified in paragraph (1).";
(C) in paragraph (3)--
(i) by striking "Not later than 2 years after the date of the enactment of this Act, the" and inserting "The"; and
(ii) by inserting "periodically, but not less frequently than once every five years," after "shall"; and
(D) by adding at the end the following new paragraph:
"(4) Sense of congress on coordination.--It is the sense of Congress that, as may be appropriate, Federal agencies that are involved in the transition or translation of research results to practical quantum applications or that have a mission that could benefit from the development of quantum technologies, should engage with the consortium to inform and accelerate progress in such areas."; and
(3) by striking subsection (c) and inserting the following new subsections:
"(c) Quantum Supply Chains.--
"(1) Mapping and planning.--The Assistant Secretary of Commerce for Industry and Analysis shall carry out the following activities:
"(A) Assess, map, and model supply chains for quantum networking, quantum computing, quantum communications, quantum simulation, and quantum sensing technologies and applications.
"(B) Identify current and future high-priority gaps and vulnerabilities in quantum supply chains, such as--
"(i) single points of failure, sole source, consolidated manufacturing, or where there are limited United States and partner national suppliers; and
"(ii) critical components, elements, materials, equipment, and infrastructure.
"(C) Identify potential supply chain shocks to the quantum supply chain that may disrupt, strain, or eliminate the supply chain.
"(2) Study on critical quantum supply chains.--Not later than 2 years after the date of the enactment of the National Quantum Initiative Reauthorization Act of 2026, the Secretary of Commerce and the Secretary of Energy shall jointly--
"(A) complete a study documenting the critical quantum supply chains and identified high-priority gaps and vulnerabilities; and
"(B) submit to the appropriate committees of Congress a report on the findings with respect to the study completed pursuant to subparagraph (A).
"(3) Recommendations for avoiding shocks to quantum supply chains.--Not later than 2 years after the date of the enactment of the National Quantum Initiative Reauthorization Act of 2026, the Secretary of Commerce shall, in coordination with the Secretary of Energy, the Director of the National Science Foundation, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Administrator of the Small Business Administration, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, develop and submit to the appropriate committees of Congress specific recommendations for actions to mitigate harm to quantum supply chains from a supply chain shock.
"(4) Plan to strengthen and secure quantum supply chains.--Not later than 3 years after the date of the enactment of the National Quantum Initiative Reauthorization Act of 2026, the Secretary of Commerce shall submit to the appropriate committees of Congress a plan identifying opportunities to strengthen supply chains and build capacity.
"(d) International Quantum Research and Metrology.--
"(1) In general.--The Director of the National Institute of Standards and Technology shall, in coordination with the Secretary of State and the Director of the National Science Foundation, promote, establish, and support international quantum information science, engineering, and technology research, metrology research, and standardization, as appropriate, to enhance international cooperation, meet United States commitments, and support United States engagement in international voluntary standards for quantum information science, engineering, and technology.
"(2) Alignment.--In carrying out this section, the Director of the National Institute of Standards and Technology shall ensure alignment with the National Quantum Information Science Strategy and the U.S. Government National Standards Strategy for Critical and Emerging Technology, or successor strategies.
"(3) Prohibitions.--
"(A) Confucius institutes.--None of the funds made available under this subsection may be obligated or expended to an institution of higher education that maintains a
contract or agreement between such institution and a Confucius Institute (as defined in section 10339A of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19039)) or any successor of a Confucius Institute.
"(B) Foreign countries or entities of concern.--None of the funds made available under this subsection may be obligated or expended to promote, establish, or finance quantum research activities between a United States entity and a foreign country of concern or foreign entity of concern, including the entity's subsidiaries, except such restriction shall not apply to participation by award recipients in consensus-based international standardization activities.
"(e) Post-quantum Cryptography Deployment.--
"(1) Definitions.--In this subsection:
"(A) Appropriate congressional committees.--The term `appropriate congressional committees' means--
"(i) the Committee on Commerce, Science, and Transportation of the Senate; and
"(ii) the Committee on Energy and Commerce of the House of Representatives.
"(B) Classical computer; quantum computer.--The terms `classical computer' and `quantum computer' have the meanings given such terms in section 3 of the Quantum Computing Cybersecurity Preparedness Act (Public Law 117-260; 6 U.S.C. 1526 note).
"(C) Critical infrastructure sectors.--The term `critical infrastructure sectors' means the critical infrastructure sectors defined in the National Security Memorandum on `Critical Infrastructure Security and Resilience' (NSM-22), dated April 30, 2024.
"(D) Post-quantum cryptography.--The term `post-quantum cryptography'--
"(i) means those cryptographic algorithms or methods that are assessed not to be specifically vulnerable to attack by either a quantum computer or classical computer; and
"(ii) includes--
"(I) the lattice-based digital signature algorithm specified in National Institute of Standards and Technology Federal Information Processing Standards Publication 204 (dated August 13, 2024; relating to Module-Lattice-Based Digital Signature Standard), or any successor standard;
"(II) the module-lattice-based key-encapsulation mechanism specified in National Institute of Standards and Technology Federal Information Processing Standards Publication 203 (dated August 13, 2024; relating to Module-Lattice-Based Key-Encapsulation Mechanism Standard), or any successor standard; and
"(III) any cryptographic algorithm or method implemented in accordance with National Institute of Standards and Technology Federal Information Processing Standard Publication 140-3 (dated March 22, 2019; relating to Security Requirements for Cryptographic Modules), or any successor standard, operating within a zero trust architecture as described in National Institute of Standards and Technology Special Publication 800-207 (dated August 2020; relating to Zero Trust Architecture), or any successor standard.
"(E) Sector risk management agency.--The term `sector risk management agency' has the meaning given such term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C.
Text printed in the Record (11,084 characters)
650).
"(2) Guidance on upgrading to post-quantum cryptography.--
"(A) In general.--Not later than 180 days after the date of the enactment of this subsection, the Director of the National Institute of Standards and Technology, in consultation with the Director of the Office of Science and Technology Policy, the Secretary of Homeland Security, and the head of any other agency the Director of the National Institute of Standards and Technology considers appropriate, shall establish guidance for upgrading information systems to post-quantum cryptography, including guidance that is specifically tailored for critical infrastructure sectors.
"(B) Dissemination of guidance.--
"(i) In general.--The Director of the National Institute of Standards and Technology shall make available to entities in the private sector the guidance established under subparagraph (A).
"(ii) Special publications.--The Director may satisfy the requirement under clause (i) through the publication of Special Publications.
"(3) Strategy for federal agency upgrade to post-quantum cryptography.--
"(A) National quantum cybersecurity upgrade strategy.--The Secretary of Commerce, in coordination with the Director of the Office of Science and Technology Policy and in consultation with the Quantum Economic Development Consortium and the head of any other agency the Secretary of Commerce considers appropriate, shall develop a National Quantum Cybersecurity Upgrade Strategy that includes the following:
"(i) A definition of a cryptographically relevant quantum computer.
"(ii) Recommended standards to apply to determine whether a quantum computer meets such definition, including--
"(I) the characteristics of such computers; and
"(II) the particular point at which such computers are capable of attacking real-world systems that classical computers are unable to attack.
"(iii) Guidelines for assessing the urgency of upgrading to post-quantum cryptography for each Federal agency relative to--
"(I) the critical functions of each agency; and
"(II) the risk each agency faces should a cryptographically relevant quantum computer attack a system operated by the agency.
"(iv) Recommended performance measures for upgrading to post-quantum cryptography for the following tasks:
"(I) Preparation for upgrading to post-quantum cryptography, including--
"(aa) the adoption of hardware integrating quantum-resistant cryptographic algorithms; and
"(bb) the deployment of software-only post-quantum cryptography overlays that meet or exceed security standards set forth in the Federal Information Processing Standards issued by the National Institute of Standards and Technology.
"(II) Establishment of a baseline understanding of the data inventory, including through the use of automated tools to identify assets.
"(III) Planning and execution of post-quantum cryptographic solutions, including ensuring that data at rest and in motion is subject to appropriate protections.
"(IV) Monitoring and evaluating the success of the upgrade and assessing the security of the system.
"(v) A plan for implementing the above performance measures, including evaluating and monitoring entities that are at high risk of quantum attacks, including sector risk management agencies.
"(B) Report to congress.--Not later than 360 days after the date of the enactment of this subsection, the Director of the National Institute of Standards and Technology shall submit to the appropriate congressional committees a report that includes the National Quantum Cybersecurity Upgrade Strategy developed under subparagraph (A).
"(4) Rule of construction.--Nothing in this section may be construed to authorize the development or implementation of any rulemaking or regulatory action for non-Federal entities.
"(f) Funding.--
"(1) Authorization of appropriations.--There is authorized to be appropriated to the Director of the National Institute of Standards and Technology to carry out this section $85,000,000 for each of fiscal years 2026 through 2030.
"(2) Derivation of funds.--Amounts made available pursuant to paragraph (1) for each of fiscal years 2026 and 2027 shall be derived from amounts authorized to be appropriated for the National Institute of Standards and Technology pursuant to section 10211 of the Research and Development, Competition, and Innovation Act (Public Law 117-167) for scientific and technical research and services laboratory activities.".
SEC. 6523. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
QUANTUM CENTERS.
Title II of the National Quantum Initiative Act is amended by adding at the end the following new sections:
"SEC. 202. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
QUANTUM CENTERS.
"(a) Establishment.--
"(1) In general.--Subject to the availability of appropriations, the Director of the National Institute of Standards and Technology shall, in consultation with such heads of other Federal departments and agencies as the Director considers appropriate, carry out a program to establish and operate at least 1, but not more than 3, centers to accelerate research, development, deployment, and standardization of quantum information science, engineering, and technology.
"(2) Program details.--
"(A) Competitive, merit-based review process.--The centers established and operated under paragraph (1) shall be established through a competitive, merit-based review process described in paragraph (5).
"(B) Applications.--An eligible applicant described in subparagraph (C) seeking to establish and operate a center described in paragraph (1) shall submit to the Director of the National Institute of Standards and Technology an application therefor at such time, in such manner, and containing such information as the Director determines to be necessary to evaluate the application using the criteria described in paragraph (5).
"(C) Eligible applicants.--Eligible applicants described in this subparagraph are the following:
"(i) Institutions of higher education.
"(ii) Nonprofit organizations.
"(iii) Multi-institution collaborations, including multiple types of research institutions, private sector entities, Federal laboratories, and nonprofit organizations, or consortia thereof.
"(3) Selection of applications and prioritized topics.--The Director of the National Institute of Standards and Technology shall solicit proposals and prioritize the following topics in the initial selection of applications submitted under paragraph (2)(B), subject to merit-based review (including review of the criteria described in paragraph (5)):
"(A) Advancing quantum sensing and measurement technologies.
"(B) Advancing the manufacturing and scale-up of quantum systems and quantum-enabling technologies.
"(C) Addressing technology barriers to quantum networking and communications.
"(4) Grants.--
"(A) In general.--The Director shall carry out the program required by paragraph (1)
through the award of grants to eligible applicants seeking to establish and operate centers under the program.
"(B) Duration of grant awards.--Subject to the availability of appropriations, the duration of a grant awarded under subparagraph (A) shall be a period of 5 years.
"(C) Renewal.--Subject to the availability of appropriations, each grant awarded under subparagraph (A) may be renewed for successive periods of 5 years following a successful merit-based review by the Director.
"(D) Termination.--Consistent with the authorities of the Institute, the Director may terminate a grant awarded under subparagraph (A) for an underperforming center for cause during the performance period of the grant.
"(5) Competitive, merit-based review process.--The Director shall award grants under this subsection using a formal, merit-based review process for evaluating applications received by the Director under paragraph (2)(B) that shall--
"(A) ensure that grants are awarded to the most technically sound and strategically aligned quantum technology proposals;
"(B) prioritize proposals that demonstrate strong potential to enhance leadership by the United States in quantum applications, quantum metrology, and the development of quantum standards;
"(C) support initiatives that align with the strategic goals of the National Institute of Standards and Technology while avoiding unnecessary duplication of efforts led by other Federal agencies;
"(D) facilitate a competitive, transparent, and objective selection process, utilizing qualified subject-matter experts; and
"(E) include appropriate consideration of project feasibility, cost-effectiveness, technological maturity, and risk mitigation.
"(b) Requirements.--To the maximum extent practicable, centers established and operated under this section shall serve the mission of the National Institute of Standards and Technology, for the benefit of the broader United States quantum information science community, for the following purposes:
"(1) Advancing research and standardization in quantum information science, engineering, and technology.
"(2) Advancing technology development.
"(3) Improving the competitiveness of the United States.
"(c) Coordination.--The Director of the National Institute of Standards and Technology shall ensure coordination and avoid unnecessary duplication of the activities carried out under this section with existing activities of the Institute, other activities carried out under this Act, and other related programs, as appropriate.
"(d) Commercial Technology.--Each center established under this section may leverage commercially available hardware and software to carry out the activities described in subsection (a), unless such hardware or software is manufactured in, or by, a foreign country of concern.
"(e) Funding.--The Director of the National Institute of Standards and Technology shall allocate up to $18,000,000 for each center established under this section for each of fiscal years 2026 through 2030, subject to the availability of appropriations. Such amounts shall be derived from amounts appropriated pursuant to section 10211 of the Research and Development, Competition, and Innovation Act (Public Law 117-167).
"(f) Briefing Requirements.--Not later than 1 year after the date of the enactment of the National Quantum Initiative Reauthorization Act of 2026, and not less frequently than once each year thereafter, the Director of the National Institute of Standards and Technology shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a briefing on current and planned activities under this section.
"SEC. 203. RESEARCH SECURITY.
"The activities authorized under this title shall be carried out in a manner consistent with subtitle D of title VI of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19231 et seq.) and section 6432 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159; 42 U.S.C. 7144b note).
"SEC. 204.
Text printed in the Record (10,577 characters)
COLLABORATION FOR QUANTUM APPLICATION DEVELOPMENT
ACCELERATION.
"(a) Definition of Near-term Use Case.--In this section, the term `near-term use case' means--
"(1) in the case of an application that includes the development of quantum computing hardware, an application that can be developed and deployed in less than 3 years; or
"(2) in the case of an application that includes quantum technologies in general, including quantum communication, sensing, algorithm development for hybrid applications, supply chain innovation, or demonstrations of computational advantage, where new quantum computer hardware would not need to be developed, an application that can be developed and deployed in less than 18 months.
"(b) Establishment of Collaborative Venture for Quantum Application Development Acceleration.--Consistent with the activities authorized under this title, the Director of the National Institute of Standards and Technology shall establish or expand an existing collaborative venture or consortia with other public or private sector entities--
"(1) for innovation and development of applications using quantum information sciences with a focus on near-term use cases; and
"(2) that can be used to develop and test demonstrations, proofs of concept, and pilot applications.
"(c) Coordination and Engagement.--In carrying out subsection (b), the Director shall --
"(1) coordinate activities with the members of the Subcommittee on Quantum Information Science and the Subcommittee on Economic and Security Implications of Quantum Science; and
"(2) engage with the Quantum Economic Development Consortium, the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), federally funded research and development centers, and other members of the United States quantum computing and quantum information ecosystem, including industry.
"(d) Success Metrics.--In administering this section, the Director shall, in consultation with the entities described in subsection (c), define clear success metrics for the quantum sandbox established under subsection (b).
"(e) Coordination.-- The Director shall ensure coordination and avoid unnecessary duplication of the activities carried out under this section with existing activities of the Institute, other activities carried out under this Act, and other related programs, as appropriate.".
SEC. 6524. FEASIBILITY STUDY ON MANUFACTURING USA INSTITUTE
FOR QUANTUM MANUFACTURING.
(a) Definition of Manufacturing USA Institute.--In this section, the term "Manufacturing USA institute" has the meaning given such term in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)).
(b) Study Required.--The Director of the National Institute of Standards and Technology shall, in consultation with the Secretary of Energy and the members of the Subcommittee on Quantum Information Science and the Subcommittee on the Economic and Security Implications of Quantum Science, conduct a study on the feasibility of establishing or supporting a Manufacturing USA institute focused on quantum manufacturing, including manufacturing capabilities and activities related to quantum computing (inclusive of all modalities and qubit architectures), quantum sensing, and quantum networking.
(c) Considerations.--In conducting the study under subsection (b), the Director shall, to the maximum extent practicable--
(1) determine the manufacturing capabilities necessary to produce reliable quantum components and systems at scale and identify gaps in access to such capabilities and limited domestic sources;
(2) evaluate the extent to which such capabilities and gaps are already addressed, or could reasonably be addressed, by private industry, existing Manufacturing USA institutes, or other Federal programs;
(3) evaluate existing Federal and non-Federal efforts relating to quantum computing, quantum sensing, and quantum networking to determine whether any proposed Manufacturing USA institute would duplicate or overlap with ongoing activities;
(4) evaluate whether and to what extent barriers to technology development and transition, including those associated with moving from early-stage research to scaled production, are persistent and not already being addressed through private sector investment or existing Federal programs;
(5) evaluate the feasibility of supporting domestic activities that include the capability to design, fabricate, and test materials, devices, structures, and manufacturing processes for quantum technologies or systems;
(6) evaluate the full lifecycle costs of establishing, operating, and sustaining a Manufacturing USA institute for quantum manufacturing, including long-term Federal funding requirements, administrative costs, and risks of cost escalation;
(7) evaluate alternative approaches, including leveraging existing Manufacturing USA institutes, targeted competitive grants, public-private partnerships, or other mechanisms that may more efficiently address identified barriers to technology development and transition; and
(8) evaluate the estimated economic impact associated with the establishment of a Manufacturing USA institute described in subsection (b), including impacts on regional economies, suppliers, and job growth.
(d) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Director shall submit to Congress a report describing the findings of the Director with respect to the study conducted under subsection (b).
SEC. 6525. NATIONAL SCIENCE FOUNDATION QUANTUM INFORMATION
SCIENCE RESEARCH AND EDUCATION ACTIVITIES.
Section 301 of the National Quantum Initiative Act (15 U.S.C. 8841) is amended--
(1) in the section heading, by inserting ", engineering, and technology" after "science";
(2) in subsection (a), by striking "science and engineering" and inserting "science, engineering, and technology";
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking "science and engineering" and inserting "science, engineering, and technology"; and
(ii) in subparagraph (B)--
(I) by striking "human resources" and inserting "education and workforce"; and
(II) by striking "science and engineering" and inserting "science, engineering, and technology"; and
(B) in paragraph (2)--(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by striking "science and engineering" and inserting "science, engineering, and technology"; and
(bb) by striking "and" after the semicolon;
(II) in clause (ii), by inserting "and" after the semicolon; and
(III) by adding at the end the following:
"(iii) to pursue research at the frontiers of quantum information science, engineering, and technology, and explore solutions to important challenges for the development and application of quantum technologies;";
(ii) in subparagraph (B), by striking "science and engineering" and inserting "science, engineering, and technology"; and
(iii) in subparagraph (C), by striking "science and engineering" and inserting "science, engineering, and technology";
(4) by striking subsection (c) and inserting the following:
"(c) Student Traineeships, Fellowships, and Other Models.--
"(1) Quantum traineeships.--The Director of the National Science Foundation, in consultation with heads of Federal agencies as the Director considers appropriate, may use existing programs to make awards to institutions of higher education or nonprofit organizations (or consortia thereof)--
"(A) to provide traineeships to graduate students at institutions of higher education within the United States who are citizens of the United States and who choose or plan to pursue master or doctoral degrees in quantum information science, engineering, and technology, or related fields; and
"(B) to provide such graduate students with opportunities for research experiences in government or industry related to such students' quantum studies.
"(2) Quantum fellowships and scholarships.--
"(A) In general.--The Director of the National Science Foundation, in consultation with heads of Federal agencies as the Director considers appropriate, may use existing programs to support fellowships and scholarships for students at institutions of higher education for the purpose of--
"(i) increasing quantum information science, engineering, and technology exposure for undergraduate and graduate STEM students; and
"(ii) increasing postgraduation employment opportunities for STEM students who demonstrate potential to pursue careers in quantum information science, engineering, and technology.
"(B) Requirements.--An eligible participant in the fellowship and scholarship program under this paragraph shall--
"(i) be enrolled in or have graduated from a STEM degree program at an institution of higher education within the United States; and
"(ii) have demonstrated interest in quantum information science, engineering, and technology, such as by taking not less than 1 quantum science or quantum-relevant course as part of the participant's degree program or by participating in a summer school program that focuses on quantum information science, engineering, and technology.
"(C) Considerations.--Eligible fellowships and scholarship programs under this paragraph may include temporary quantum-related positions at Federal or State agencies, National Laboratories, private sector entities, institutions of higher education, the quantum centers established under section 202, the Multidisciplinary Centers for Quantum Research and Education established under section 302, the National Quantum Information Science Research Centers established under section 402, and the initiatives established under section 503, or other quantum-relevant entities, as determined appropriate by the Director.
"(D) Competitive awards.--Fellowships and scholarships awarded under this paragraph shall be competitively awarded through a merit-based review process. The Director of the National Science Foundation may prioritize fellowships that include an industry partner that provides financial assistance to awardees for direct or indirect costs.
"(3) Quantum research experiences for undergraduates.--The Director of the National Science Foundation shall seek to increase opportunities for quantum research for undergraduate students by encouraging proposals in quantum information science, engineering, and technology, through the research experiences for undergraduates provided under section 514 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C.
Text printed in the Record (11,599 characters)
1862p-6).
"(4) Cooperative education programs.--The Director of the National Science Foundation, in consultation with heads of Federal agencies the Director considers appropriate, may establish, or use existing, programs to support cooperative education programs between institutions of higher education and employers that increase opportunities for undergraduate students to acquire experiential learning and professional experiences in quantum information science, engineering, and technology.
"(5) Partnerships.--In carrying out the activities under this subsection, the Director of the National Science Foundation shall encourage recipients of awards under this subsection to partner with relevant Federal agencies, Federal laboratories, industry and other private sector organizations, and nonprofit organizations to facilitate the expansion of workforce pathways and hands-on learning experiences.";
(5) in subsection (d)--
(A) in the subsection heading, by striking "QISE" and inserting "QISET";
(B) in paragraph (1)--
(i) by striking "information science and engineering (referred to in this subsection as `QISE')" and inserting "information science, engineering, and technology (referred to in this subsection as `QISET')";
(ii) by striking "at all education levels, including community colleges" and inserting "at appropriate education levels, including community colleges and career and technical education entities";
(C) in paragraph (2)--
(i) in subparagraph (A), by striking "QISE" and inserting "quantum information science, engineering, and technology";
(ii) by striking subparagraph (C);
(iii) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively;
(iv) in subparagraph (C), as so redesignated--
(I) by inserting ", engineering, and technology" after "science"; and
(II) by inserting ", including those principles relevant to emerging technologies, such as artificial intelligence, microelectronics, and nanotechnology" after "fields"; and
(v) by inserting after subparagraph (D), as so redesignated, the following:
"(E) Methods to introduce security dimensions associated with quantum information science, engineering, and technology into STEM curricula.";
(D) in paragraph (3), by striking "QISE" and inserting "quantum information science, engineering, and technology"; and
(E) by striking paragraph (4); and
(6) by adding at the end the following:
"(e) International Research on Quantum Information Science, Engineering, and Technology.--
"(1) In general.--The Director of the National Science Foundation, in coordination with the Secretary of State and the heads of other Federal agencies, as appropriate, shall support international quantum information science, engineering, and technology research, as appropriate, to enhance international cooperation and meet United States commitments, including as part of the terms and conditions of bilateral or multilateral quantum information science, engineering, and technology research agreements.
"(2) Alignment.--In carrying out this subsection, the Director of the National Science Foundation shall ensure alignment with the national strategy for quantum information science in accordance with Executive Order 14073 (87 Fed. Reg. 27909; relating to enhancing the National Quantum Initiative Advisory Committee) or successor strategies.
"(3) Priority.--The Director shall prioritize research programs with countries that have signed a quantum cooperation statement with the United States.
"(4) Restrictions.--
"(A) Confucius institutes.--None of the funds made available under this subsection may be obligated or expended to an institution of higher education that maintains a contract or agreement between such institution and a Confucius Institute, as defined in section 10339A of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19039) or any successor of a Confucius Institute.
"(B) Foreign country of concern and foreign entity of concern.--None of the funds made available under this subsection may be obligated or expended to promote, establish, or finance quantum research activities between a United States entity and a foreign country of concern or foreign entity of concern, including the entity's subsidiaries.
"(f) Upgrading and Improving Access to Quantum Research Resources.--
"(1) In general.--In carrying out the activities described in this section, the Director of the National Science Foundation, in consultation with the heads of other Federal departments and agencies, as appropriate, shall award grants to institutions of higher education or eligible nonprofit organizations (or consortia thereof) to upgrade research facilities and improve access to research resources, such as equipment and instrumentation, that is needed for research and development in quantum information science, engineering, and technology.
"(2) Purpose.--Grants under paragraph (1) shall be used to facilitate quantum information science, engineering, and technology research and development, including by carrying out the following:
"(A) Upgrading or adding research resources to--
"(i) accelerate the development of quantum technologies, including capabilities focused on addressing the roadblocks to implementation; and
"(ii) meet the materials, advanced materials development, high-performance computing, heterogeneous computing, networking, software, data, clean room, and device needs of the scientific community and the quantum supply chain.
"(B) Enhancing access to equipment and instrumentation, including at partnering institutions, by facilitating information sharing, coordination, education, and training, including activities that provide meaningful hands-on learning experiences for students, including at community and technical colleges.
"(C) Enabling professional staff to support the operation, scheduling, and improvement of research resources used for quantum information science, engineering, and technology.
"(D) Expanding access for industry to quantum research infrastructure by prioritizing the placement of equipment and instrumentation in user-access facilities that support rapid iteration, including regional technology hubs, industry parks, co-locations operated by institutions of higher education and industry, and private sector testbeds.
"(3) Requirements.--An institution of higher education or an eligible nonprofit organization (or a consortium thereof) seeking funding under this subsection shall submit to the Director of the National Science Foundation an application at such time, in such manner, and containing such information as the Director may require.".
SEC. 6526. MULTIDISCIPLINARY CENTERS FOR QUANTUM RESEARCH AND
EDUCATION.
Section 302 of the National Quantum Initiative Act (15 U.S.C. 8842) is amended--
(1) in subsection (a), by striking "5" and inserting "8";
(2) in subsection (c)--
(A) in paragraph (1), by striking "science and engineering" and inserting "science, engineering, and technology";
(B) in paragraph (2), by striking "and engineering" and inserting ", engineering, and technology, including leveraging or expanding activities established pursuant to section 301(d)";
(C) in paragraph (3), by inserting ", such as commercially available hardware and software" after "resources"; and
(D) by adding at the end the following:
"(4) supporting research and development in enabling fields essential to the advancement of quantum information science, engineering, and technology, including materials science, fabrication science, and physics;
"(5) encouraging the establishment of multidisciplinary quantum research and education centers that leverage existing domestic infrastructure, including data centers and communications networks, to support the demonstration and field application of quantum technologies; and
"(6) promoting partnerships with industry to accelerate technology transfer and support domestic quantum innovation.";
(3) in subsection (d)(2)--
(A) in subparagraph (A), by striking "quantum science," and inserting "quantum information science, engineering, and technology,";
(B) in subparagraph (B), by inserting "biotechnology," after "chemistry,";
(C) in subparagraph (D), by striking "and" after the semicolon;
(D) in subparagraph (E), by striking the period and inserting a semicolon; and
(E) by adding at the end the following:
"(F) how the Center will participate in international collaborations, as appropriate, to build a trusted global research network with allies and partners of the United States and other countries that share values with the United States;
"(G) how the Center will protect research from foreign countries of concern and foreign entities of concern, and the subsidiaries of such foreign entities, to ensure the competitiveness of the United States; and
"(H) how the Center will regularly assess and report on progress toward achieving self-sustainability, including metrics, milestones, and a timeline for meeting the long-term goal described in subparagraph (E).";
(4) in subsection (e), by striking paragraph (2) and inserting the following:
"(2) Reapplication.--An awardee may reapply for an additional subsequent period of 5 years following a successful merit-based review.";
(5) in subsection (f), by striking "2019 through 2023" and inserting "2026 through 2030"; and
(6) by adding at the end the following:
"(g) Consultation With Regional Technology and Innovation Hubs.--
"(1) In general.--In carrying out the activities of the Multidisciplinary Centers for Quantum Research and Education under this section, the Director of the National Science Foundation shall consult with the Secretary of Commerce regarding opportunities for such centers to engage in research and development activities with regional technology and innovation hubs designated under section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a) that have a primary focus on quantum information science, engineering, and technology.
"(2) Consultation.--Consultation under paragraph (1) may include discussion of--
"(A) opportunities to align Federal research priorities with the research, development, technology translation, and workforce development activities of the designated regional technology and innovation hubs; and
"(B) opportunities for researcher exchange programs and sharing of facilities between the centers and the hubs.
"(3) Rule of construction.--Nothing in this subsection shall be construed--
"(A) to transfer the ownership or administrative control of any research facility; or
"(B) to alter the existing authorities or mission-related responsibilities of the Federal agencies, companies, or institutions that own or operate such facilities.
"(h) Briefing Requirements.--Not later than 1 year after the date of the enactment of the National Quantum Initiative Reauthorization Act of 2026, and not less frequently than annually thereafter, the Director of the National Science Foundation shall brief the appropriate committees of Congress on current and planned activities under this section. Each briefing shall include--
"(1) an assessment of how each Center is progressing toward the goal of self-sustainability described in subsection (d)(2)(E); and
"(2) a summary of the most recent reports submitted by the Centers regarding such progress in accordance with subsection (d)(2)(H).".
SEC. 6527. QUANTUM TESTBEDS; RESEARCH SECURITY.
Title III of the National Quantum Initiative Act (15 U.S.C. 8841 et seq.) is amended by adding at the end the following:
"SEC. 303.
Text printed in the Record (8,013 characters)
QUANTUM TESTBEDS.
"(a) In General.--Not later than 1 year after the date of enactment of the National Quantum Initiative Reauthorization Act of 2026, the Director of the National Science Foundation, in coordination with the Director of the National Institute of Standards and Technology, the Secretary of Energy, the Administrator of the National Aeronautics and Space Administration, and the heads of other Federal agencies, as determined appropriate by the Director of the National Science Foundation, shall make awards on a competitive, merit-based review basis to institutions of higher education, nonprofit organizations, federally funded research and development centers, or consortia thereof, to establish testbeds focused on quantum applications.
"(b) Purposes.--The quantum testbeds established under subsection (a) shall focus on advancing early-stage quantum research toward validated and deployable quantum applications, as determined by the Director of the National Science Foundation, through proof-of-concept testing, demonstrations, pilot projects, benchmarking, and prototyping, by--
"(1) supporting translational quantum research and development activities for quantum application use cases, including, for testbeds featuring quantum software and quantum algorithms driving toward utility, leveraging approaches such as algorithm innovation and tools such as resource estimators;
"(2) providing accessible research resources for developing, testing, and benchmarking the application of quantum technologies to likely use cases, including enabling quantum cloud access;
"(3) investing in quantum computing technologies that show promise for viability, including directing funding to advance each layer of the stack and related systems engineering and integration;
"(4) demonstrating feasibility and establishing cost and benefit to facilitate transition to real-world applications or agency adoption; and
"(5) supporting the co-location of quantum instrumentation, fabrication, and enabling technologies within testbeds and affiliated user-access facilities to enable rapid prototyping, iteration, and scale-up for industry.
"(c) Applications.--An applicant for an award under this section shall submit to the Director of the National Science Foundation an application at such time, in such manner, and containing such information as the Director determines to be necessary to evaluate the application using the criteria described in subsection (d). The application shall, at a minimum, describe the following:
"(1) How the applicant will assemble a workforce with the skills needed to operate a quantum testbed.
"(2) How the applicant will ensure broad access to a quantum testbed, including for start-ups and research institutions.
"(3) How a quantum testbed will operate after Federal funding has ended.
"(4) How the applicant will contribute to the quantum testbed, such as through funding or other resources required to develop quantum applications.
"(5) How the applicant will protect any research or advancements made as a result of using the quantum testbed.
"(6) How the applicant will facilitate transition of testbed outcomes to subsequent development stages, including real-world applications or agency use.
"(d) Competitive, Merit-based Review Process.--The Director of the National Science Foundation shall select applications submitted under subsection (c) for awards using a formal merit-based review process that shall--
"(1) ensure that applications selected are the most technically sound and strategically aligned;
"(2) prioritize applications that demonstrate strong potential to enhance United States leadership in quantum applications;
"(3) support initiatives that align with the strategic goals of the National Science Foundation while avoiding unnecessary duplication of efforts led by other Federal agencies;
"(4) facilitate a competitive, transparent, and objective selection process, utilizing qualified subject-matter experts; and
"(5) include appropriate consideration of application feasibility, cost-effectiveness, technological maturity, and risk mitigation.
"(e) Prioritization.--In awarding grants under this section, the Director of the National Science Foundation shall prioritize the following:
"(1) Applicants that ensure that not less than 25 percent of the cost for a quantum testbed established under this section is provided by private or non-Federal entities, including through in-kind contributions.
"(2) Awards for consortia that include quantum industry participation.
"(3) Applicants that demonstrate a plan for transitioning quantum testbed outcomes, including through partnerships with industry or Federal agency end-users.
"(f) Roles and Responsibilities.--The Director of the National Science Foundation shall be responsible for the following:
"(1) Maintaining a record of notable outcomes from each quantum testbed established under this section.
"(2) Partnering with other Federal agencies to enable opportunities for quantum testbed outcomes to be transitioned to such agencies in alignment with the missions of such agencies.
"(3) Not later than 1 year after the date of the enactment of the National Quantum Initiative Reauthorization Act of 2026 and every 2 years thereafter until December 31, 2030, briefing the appropriate committees of Congress on the status of such quantum testbeds and providing recommendations for improving such quantum testbeds.
"(g) Coordination.--In supporting quantum testbeds established under this section, the Director of the National Science Foundation shall ensure coordination with other testbeds and other quantum facilities hosting Federal quantum technology and infrastructure supported by the National Science Foundation, including those testbeds and facilities authorized pursuant to section 10390 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19110), or by other Federal agencies as determined appropriate by the Director, to avoid duplication and maximize use of Federal resources.
"(h) Stakeholder Collaboration.--In carrying out this section, the Director of the National Science Foundation shall collaborate with the Quantum Consortium established pursuant to section 201(b) to accomplish the purposes of the quantum testbeds program described in subsection (b) and ensure there is strong collaboration with industry stakeholders. The Director may also engage with National Laboratories, federally funded research and development centers, industry, and other members of the United States quantum ecosystem.
"SEC. 304. RESEARCH SECURITY.
"(a) Research Security.--The activities authorized under this title shall be carried out in a manner consistent with subtitle D of title VI of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19231 et seq.).
"(b) Review of Visitors and Assignees From Countries of Risk.--The Director of the National Science Foundation shall establish policies and procedures to assess and screen visitors and assignees to National Science Foundation-supported facilities that are similar, to the extent practicable, to the policies and procedures regarding visitors and assignees to the National Laboratories that were established in accordance with section 6432 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (42 U.S.C. 7144b note).".
SEC. 6528. NATIONAL SCIENCE FOUNDATION CRYPTOGRAPHY RESEARCH.
Section 4(a)(1)(A) of the Cyber Security Research and Development Act (15 U.S.C. 7403) is amended by inserting ", including post-quantum cryptography (as such term is defined in section 3 of the Quantum Computing Cybersecurity Preparedness Act (6 U.S.C. 1526 note; Public Law 117-260))" before the semicolon.
SEC. 6529. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
QUANTUM ACTIVITIES.
(a) In General.--The National Quantum Initiative Act (15 U.S.C. 8801 et seq.) is amended by adding at the end the following new title:
"TITLE V--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION QUANTUM ACTIVITIES
Text printed in the Record (9,867 characters)
"SEC. 501. DEFINITION OF ADMINISTRATOR.
"In this title, the term `Administrator' means the Administrator of the National Aeronautics and Space Administration.
"SEC. 502. QUANTUM INFORMATION SCIENCE, ENGINEERING, AND
TECHNOLOGY RESEARCH FOR SPACE AND AERONAUTICS.
"(a) In General.--The Administrator is authorized to carry out research on quantum information science, engineering, and technology.
"(b) Cooperation.--In carrying out subsection (a), the Administrator--
"(1) shall consider cooperative arrangements with the Department of Energy and other Federal Government agencies, as practicable, on areas of shared benefit; and
"(2) may enter into memoranda of understanding or memoranda of agreement to establish such cooperative arrangements.
"(c) Strategy.--Not later than 180 days after the date of the enactment of this title, the Administrator shall submit to the appropriate committees of Congress a strategy for National Aeronautics and Space Administration research on quantum information science, engineering, and technology. The strategy shall identify resources required to support implementation of the strategy, including budgets, workforce, and infrastructure, describe cooperative efforts with other Federal Government agencies, and address areas of research and applications, including the following:
"(1) Quantum sensing.
"(2) Quantum networking.
"(3) Quantum communications, including quantum satellite communications.
"(4) Quantum computing.
"(5) Science, aeronautics, and exploration-related applications.
"(6) Any other area of quantum information, science, engineering, and technology that furthers the mission of the National Aeronautics and Space Administration and is consistent with the purposes of this Act, as the Administrator considers appropriate.
"(d) Consultation.--In developing the strategy described in subsection (c), the Administrator may seek input from relevant external stakeholders, including institutions of higher education, industry, and nonprofit research organizations.
"SEC. 503. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
QUANTUM INITIATIVES.
"(a) In General.--Subject to the availability of appropriations, the Administrator, in consultation with the heads of other Federal departments and agencies, as appropriate, may establish one or more initiatives focused on space and aeronautics applications of quantum information science, engineering, and technology.
"(b) Initiative Details.--
"(1) Merit-based review process.--
"(A) In general.--The Administrator shall develop and implement a formal, merit-based review process for evaluating proposals, applications, and initiatives submitted to the National Aeronautics and Space Administration with respect to the research, development, or deployment of quantum technologies with potential relevance to the civil space and aeronautics missions of the National Aeronautics and Space Administration.
"(B) Criteria.--The process established under subparagraph (A) shall be designed--
"(i) to ensure taxpayer dollars are directed to the most technically sound and strategically aligned quantum technology proposals;
"(ii) to prioritize applications that demonstrate strong potential to enhance United States leadership in space-based quantum applications, including sensing, navigation, communications, simulation, and computing;
"(iii) to support initiatives that align with the strategic goals of the National Aeronautics and Space Administration and avoid unnecessary duplication of efforts led by other Federal agencies;
"(iv) to facilitate a competitive, transparent, and objective selection process using qualified subject-matter experts; and
"(v) to include appropriate consideration of project feasibility, cost-effectiveness, technological maturity, and risk mitigation.
"(2) Application requirements.--An applicant under this section shall submit to the Administrator an application at such time, in such manner, and containing such technical, programmatic, and budgetary information as the Administrator determines necessary to evaluate the application through the review process developed under paragraph (1).
"(3) Eligible applicants.--In carrying out the process under paragraph (1), the Administrator shall consider applications from institutions of higher education, research centers, multi-institutional collaborations, and any other entity the Administrator considers appropriate.
"(4) Collaborations.--A collaboration that receives an award under this section may include multiple types of research institutions, including institutions of higher education, private sector entities, and nonprofit organizations.
"(5) Coordination and accountability.--The Administrator shall ensure that an awardee under this section--
"(A) coordinates with the National Aeronautics and Space Administration, including by identifying personnel designated to serve as program liaisons for technical and programmatic oversight; and
"(B) avoids unnecessary duplication of existing activities of the National Aeronautics and Space Administration, other activities carried out under the National Quantum Initiative Reauthorization Act of 2026 or the amendments made by that Act, and other related programs.
"(6) Commercial technology.--An initiative established under this section may leverage commercially available hardware and software to carry out the activities described in subsection (c).
"(c) Initiative Activities.--An initiative established under this section may carry out activities that--
"(1) support research focused on developing and demonstrating space, aeronautics, and exploration applications for quantum information science, engineering, and technology, including research relating to the strategy developed under section 502(c); and
"(2) support quantum information science, engineering, and technology education and public outreach.
"(d) Initiative Requirements.--To the maximum extent practicable, an initiative established under this section shall serve the needs of the National Aeronautics and Space Administration for the benefit of the broader
United States quantum information science community, for the purpose of advancing space and aeronautics applications in quantum information science, engineering, and technology, and improving the competitiveness of the United States.
"(e) Initiative Selection and Duration.--
"(1) In general.--Subject to the availability of appropriations, an initiative established under this section may carry out activities for a period of 5 years.
"(2) Reapplication.--Subject to the availability of appropriations, an awardee may reapply for an additional subsequent period of 5 years following a successful merit-based review.
"(3) Termination.--Consistent with the authorities of the National Aeronautics and Space Administration, the Administrator may terminate the initiative for cause during the performance period.
"SEC. 504. RESEARCH SECURITY.
"The activities authorized under this title shall be carried out in a manner consistent with--
"(1) subtitle D of title VI of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19231 et seq.); and
"(2) section 6432 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (42 U.S.C. 7144b note; Public Law 118-159).
"SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
"The Administrator shall allocate up to $25,000,000 for each of fiscal years 2026 through 2030 to carry out this title, subject to the availability of appropriations. Amounts made available to carry out this title shall be derived from amounts appropriated or otherwise made available to the National Aeronautics and Space Administration.".
SEC. 6530. COMPTROLLER GENERAL REVIEW AND REPORT.
(a) Review.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of existing processes and reporting requirements associated with research and development programs established within the National Institute of Standards and Technology, the National Science Foundation, and the Department of Energy pursuant to the National Quantum Initiative Act (15 U.S.C. 8801 et seq.) to identify potential opportunities--
(1) to reduce duplicative and unnecessary paperwork and reporting requirements without compromising security, transparency, and accountability; and
(2) to expedite access to facilities and equipment of the Federal Government for researchers affiliated with such programs.
(b) Research and Development Programs Covered.--The review required under subsection (a) shall cover all research and development programs established pursuant to sections 201, 302, 402, 403, and 404 of the National Quantum Initiative Act (15 U.S.C. 8831, 8842, 8852, 8853, and 8854).
(c) Report.--Not later than 180 days after completing the review under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the review, which shall include recommendations relating to paragraphs (1) and (2) of such subsection.
SEC. 6531. REVIEW OF REGULATORY BARRIERS TO QUANTUM
INFORMATION SCIENCE, ENGINEERING, AND
TECHNOLOGY DEVELOPMENT.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" has the meaning given such term in section 2 of the National Quantum Initiative Act (15 U.S.C. 8801).
(2) Quantum information science, engineering, and technology.--The term "quantum information science, engineering, and technology" has the meaning given such term in section 2 of the National Quantum Initiative Act (15 U.S.C.
Text printed in the Record (5,047 characters)
8801), as amended by section 6512 of this Act.
(b) Review and Assessment Required.--Not later than 540 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall, in coordination with the National Quantum Coordination Office, conduct a review to identify and assess any existing or potential regulatory barriers that inhibit research, development, deployment, or scaling of quantum information science, engineering, and technology.
(c) Elements.--The review and assessment conducted pursuant to subsection (b) shall include the following:
(1) An inventory of existing Federal regulations, policies, and guidance documents that are applicable to quantum information science, engineering, and technology.
(2) An analysis of whether regulations, policies, and guidance inventoried pursuant to paragraph (1) impose undue burdens on academic, private sector, or government-led quantum information science, engineering, and technology research or development.
(3) Recommendations to modernize, streamline, or eliminate duplicative or outdated regulatory barriers identified pursuant to subsection (b).
(4) Input from stakeholders across industry, academia, and the National Laboratories with respect to such regulatory barriers.
(5) Recommended actions to harmonize regulatory requirements relating to quantum information science, engineering, and technology across Federal agencies where inconsistencies exist.
(d) Report.--Not later than 180 days after the date on which the Director completes the review and assessment required by subsection (b), the Director shall submit to the appropriate congressional committees a report detailing the findings and recommendations described in subsection (c).
(e) Quinquennial Updates.--Not later than 5 years after the date on which the Director completes the review and assessment required by subsection (b), and every 5 years thereafter, the Director shall update the review and assessment required by subsection (b) and submit to the appropriate congressional committees an updated report detailing the findings and recommendations of the Director.
SEC. 6532. SUNSET OF NATIONAL NANOTECHNOLOGY PROGRAM.
(a) Sunset of National Nanotechnology Program.--The National Nanotechnology Program (in this section referred to as the "Program") and the authorities and requirements of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501 et seq.) are terminated on the date that is 180 days after the date of the enactment of this Act.
(b) Wind-down.--The Director of the Office of Science and Technology Policy shall take such actions as may be necessary to terminate and wind down the Program before the date specified in subsection (a).
(c) Plan and Briefing.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a briefing in which the Director shall present a plan on how the Director will carry out subsection (b).
(2) Elements.--The plan presented under paragraph (1) shall--
(A) ensure minimal disruption to ongoing federally funded research and development activities;
(B) ensure transfer or reassignment of nanotechnology research infrastructure programs and facilities to minimize disruption of researcher access to critical tools that support other national priorities;
(C) provide for the orderly disposition or transfer of active grants, contracts, and personnel associated with the National Nanotechnology Coordination Office established under section 3(a) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7502(a));
(D) identify any relevant responsibilities that should be reassigned to existing programs at the Office of Science and Technology Policy; and
(E) minimize duplication and ensure fiscal efficiency in the conclusion of the Program.
SEC. 6533. CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the National Quantum Initiative Act is amended as follows:
(1) By inserting after the item relating to section 105 the following new items:
"Sec. 105A. International Quantum Cooperation Strategy. "Sec. 106. National quantum prize challenges.". (2) By inserting after the item relating to section 201 the following new items:
"Sec. 202. National Institute of Standards and Technology Quantum Centers. "Sec. 203. Research security. "Sec. 204. Collaboration For Quantum Application Development Acceleration.". (3) By striking the item relating to section 301 and inserting the following new item:
"Sec. 301. Quantum information science, engineering, and technology research and education program.". (4) By inserting after the item relating to section 302 the following new items:
"Sec. 303. Quantum testbeds. "Sec. 304. Research security.". (5) By adding at the end the following new items:
"TITLE V--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION QUANTUM ACTIVITIES "Sec. 501. Definition of Administrator. "Sec. 502. Quantum information science, engineering, and technology research for space and aeronautics. "Sec. 503. National Aeronautics and Space Administration quantum initiatives. "Sec. 504. Research security. "Sec. 505. Authorization of appropriations.". TITLE LXVII--BLOCKING LARGE-SCALE ADVERSARIAL DISTILLATION EFFORTS ACT OF 2026
Text printed in the Record (8,575 characters)
SEC. 6701. SHORT TITLE.
This title may be cited as "Blocking Large-scale Adversarial Distillation Efforts Act of 2026" or "BLADE Act".
SEC. 6702. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) artificial intelligence models owned by United States private sector entities are essential for advancing economic and national security interests of the United States;
(2) many of the most advanced artificial intelligence models owned by United States entities are "closed-source models" whose unique technical characteristics are not openly shared or published;
(3) the unauthorized acquisition of model capabilities, such as model weights, model architectures, and other technical characteristics of closed-source artificial intelligence models, by persons of concern through model extraction attacks represents a threat to the national security and foreign policy interests of the United States, as well as the intellectual property rights and economic competitiveness of United States entities;
(4) the United States Government, in cooperation with private owners of closed-source artificial intelligence models, should take steps to identify, punish, and deter model extraction attacks on the protected capabilities of closed-source artificial intelligence models by persons of concern;
(5) model extraction attacks against United States closed-source artificial intelligence models allow foreign adversaries a short cut to acquiring advanced artificial intelligence capabilities; and
(6) authorized model training practices that adhere to the terms of service or are otherwise consistent with contractual terms set by the owners of closed-source artificial intelligence models are a legitimate research method that play an important role in artificial intelligence research and are fundamentally distinct from model extraction attacks addressed by this title.
SEC. 6703. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Banking, Housing, and Urban Affairs and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs of the House of Representatives.
(2) Closed-source artificial intelligence model.--The term "closed-source artificial intelligence model" means any artificial intelligence model with the following characteristics:
(A) Proprietary key technical information, such as underlying model weights, that are necessary to reproduce and independently recreate the model and that are not willingly shared with third parties or otherwise made publicly available by the owner of the model.
(B) Access and use governed by terms of service or contractual agreements that are established by the owner of the model.
(C) Access that is provided via an application program interface or another consumer-facing, owner-controlled interface without enabling third parties to obtain, modify, or host the closed-source artificial intelligence model on their own data servers or other technology unless specifically authorized by the owner of the model.
(3) Country of concern.--The term "country of concern" means--
(A) the People's Republic of China, including the Hong Kong and Macau Special Administrative Regions;
(B) the Russian Federation; and
(C) any other foreign country--
(i) listed in Country Group D:5 in Supplement No. 1 to part 740 of title 15, Code of Federal Regulations, as published on January 1, 2026, that is designated by the Secretary of Commerce, in consultation with the Secretary of State, as a country of concern for purposes of this section and for which notice of such designation has been published in the Federal Register; and
(ii) identified by the Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, the Director of National Intelligence, and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, pursuant to an assessment required by subsection (a) or (e) of section 1704.
(4) Person of concern.--The term "person of concern" means any foreign person that--
(A) is located or headquartered in, or the ultimate parent company of which is headquartered in, a country of concern;
(B) is operating under the direction or control of any entity located or headquartered in, or the ultimate parent company of which is headquartered in, a country of concern; or
(C) is conducting or attempting to conduct a model extraction attack against closed-source artificial intelligence models owned by United States persons and outside of authorized model training practices.
(5) Foreign person.--The term "foreign person" means a person that is not a United States person.
(6) Fraudulent account network provider.--
(A) In general.--The term "fraudulent account network provider" means any foreign person that knowingly and intentionally creates, obtains, maintains, sells, brokers, or otherwise provides access to an account that allows a person of concern to access a closed-source artificial intelligence model that the entity would otherwise be prohibited from accessing as a result of location restrictions in the terms of service or a contractual agreement created by the owner of the model.
(B) Exception.--For purposes of subparagraph (A), an entity that creates or transmits location information to enable persons within countries of concern to access the internet for purposes of freedom of expression is not, on the basis of that activity alone, a fraudulent account network provider.
(7) Model extraction attack.--
(A) In general.--The term "model extraction attack" means the unauthorized extracting of the capabilities of a closed-source artificial intelligence model to replicate, develop, train, or improve another artificial intelligence model, if such extraction--
(i) circumvents technical, contractual, or other access controls, identity verification requirements, or geographic access restrictions implemented by the owner of the model;
(ii) is conducted through fraudulent, misrepresented, or unauthorized credentials; or
(iii) violates the terms, conditions, or restrictions governing access to or use of the model, as established by the owner, that specifically prohibit the use of model outputs or interactions to replicate, develop, train, or improve another artificial intelligence model.
(B) Inference of purpose.--For purposes of subparagraph (A), the purpose of extraction may be inferred from the totality of circumstances, including--
(i) the volume, structure, pattern, coordination, or timing of the extraction activity;
(ii) the concentration of extractions on specific model capabilities;
(iii) the use of multiple accounts in a coordinated manner; or
(iv) the correlation of extraction activity within the development timeline of another artificial intelligence model.
(C) Exclusion.--For purposes of subparagraph (A), model training activities conducted in compliance with the terms, conditions, and restrictions governing access to and use of a closed-source artificial intelligence model, or otherwise conducted within a permitted exception or the express authorization of the owner of the model, are not model extraction attacks.
(8) Operating committee for export policy.--The term "Operating Committee for Export Policy" means the Operating Committee for Export Policy referred to in section 1763(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4822(c)).
(9) Owner.--The term "owner" means, with respect to a closed-source artificial intelligence model, the person that--
(A) holds intellectual property rights (including trade secret, copyright, patent, or other proprietary rights), contractual rights, or a combination thereof, sufficient to authorize or restrict third-party access to, use of, extraction from, or reproduction of the model, or any version, instance, or deployment the model, whether such rights were obtained through development, acquisition, assignment, license, or otherwise; and
(B) is a United States person.
(10) Person.--The term "person" means individual or entity.
(11) United states person.--The term "United States person" means--
(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
(C) any person located in the United States.
SEC. 6704.
Text printed in the Record (11,757 characters)
ASSESSMENT OF MODEL EXTRACTION ATTACKS AND
FRAUDULENT ACCOUNT NETWORK PROVIDERS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, the Director of National Intelligence, and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall complete an assessment to determine--
(1) which, if any, persons of concern have conducted or are currently conducting model extraction attacks against closed-source artificial intelligence models owned by United States persons;
(2) which, if any, persons of concern are fraudulent account network providers; and
(3) which, if any, artificial intelligence models have been derived from model extraction attacks by persons of concern against closed-source artificial intelligence models owned by United States persons or have benefitted from activities of persons of concern acting as fraudulent account network providers.
(b) Matters To Be Included.--The assessment required by subsection (a) shall include the following:
(1) A determination of which persons of concern--
(A) have either previously or are currently engaging in model extraction attacks; or
(B) are fraudulent account network providers.
(2) A determination of the countries, if any--
(A) from which model extraction attacks have originated; and
(B) in which fraudulent account network providers exist.
(3) An identification of which, if any, agencies or instrumentalities of governments of countries of concern have provided or are providing material assistance to entities identified pursuant to paragraph (1).
(4) An analysis of the methods employed by persons of concern identified pursuant to paragraph (1), including--
(A) the role of fraudulent account network providers in model extraction attacks, including, to the extent possible, the physical
location of offices and data centers of such providers; and
(B) a determination, to the extent possible, of the number of attempted model extraction attacks that occurred during the 2 calendar years preceding the date on which the Secretary of Commerce begins the assessment required by subsection (a).
(5) An examination of the strengths and weaknesses of various detection approaches that can be used to determine whether a model extraction attack has occurred or is occurring.
(6) An assessment of the economic and national security consequences of successful model extraction attacks by persons of concern that occurred during the 2 calendar years preceding the date on which the Secretary of Commerce begins the assessment required by subsection (a).
(7) Steps detailing how the United States Government is assisting owners of closed-source artificial intelligence models that have been the target or victim of model extraction attacks in detecting model extraction attacks, deterring future model extraction attacks, and punishing persons of concern that engage in model extraction attacks or are fraudulent account network providers.
(8) A diplomatic strategy to leverage allies and partners of the United States in detecting and preventing model extraction attacks by persons of concern.
(c) Public Consultation.--
(1) In general.--In conducting the assessment required by subsection (a), the Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, the Director of National Intelligence, and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall consult with owners of closed-source artificial intelligence models that have been the targets or victims of model extraction attacks, academic experts, industry fora, and other appropriate entities--
(A) to identify patterns of behavior and methods of attackers to better inform efforts of the United States Government and the private sector to detect model extraction attacks;
(B) to develop best practices for defending against model extraction attacks; and
(C) to develop best practices for identifying activities of fraudulent account network providers that facilitate model extraction attacks.
(2) Voluntary participation.--The participation of owners of closed-source artificial intelligence models described in paragraph (1) in consultations under that paragraph shall be voluntary.
(d) Report.--
(1) In general.--Not later than 210 days after the date of the enactment of this Act, the Secretary of Commerce, in coordination with the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall submit to the appropriate congressional committees a report that, as appropriate, contains the findings of the assessment required by subsection (a).
(2) Updates.--Not later than one year after submitting the report required by paragraph (1), and annually thereafter for 3 years, the Secretary of Commerce shall submit to the appropriate congressional committees an update to the report listing any additional persons of concern identified pursuant to subsection (a).
(3) Form.--The report required by paragraph (1), and each update required by paragraph (2), shall be submitted in unclassified form, but may contain a classified annex.
(e) Routine Assessment.--The Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, the Director of National Intelligence, and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall routinely assess for--
(1) model extraction attacks directed against owners of closed-source artificial intelligence models that occur after the date of completion of the assessment required by subsection (a);
(2) fraudulent account network providers that facilitate model extraction attacks after that date;
(3) artificial intelligence models that have been derived from model extraction attacks by persons of concern against closed-source artificial intelligence models owned by United States persons or have benefitted from activities of persons of concern acting as fraudulent account network providers; and
(4) any material changes related to other matters specified in subsection (b).
(f) Industry Coordination.--The Secretary of Commerce, in coordination with the Director of National Intelligence and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall establish an information-sharing mechanism that allows owners of closed-source artificial intelligence models to voluntarily, quickly, and confidentially share information about model extraction attacks and fraudulent account network providers with the Department of Commerce.
(g) AI Model Extraction Attackers List.--
(1) In general.--The Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, the Director of National Intelligence, and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall--
(A) maintain a list, to be known as the "AI Model Extraction Attackers List", that displays information about--
(i) specific persons of concern identified pursuant to an assessment required by subsection (a) or (e) as having conducted or directed model extraction attacks in the past year; and
(ii) artificial intelligence models that have been derived from model extraction attacks by persons of concern against closed-source artificial intelligence models owned by United States persons or have benefitted from activities of persons of concern acting as fraudulent account network providers; and
(B) publish the list on a publicly available website of the Department of Commerce.
(2) Protection of confidential information.--The Secretary of Commerce may not, in publishing the list required by paragraph (1) on a publicly available website of the Department of Commerce, disclose confidential information provided by the owner of a closed-source artificial intelligence model without the express permission of the owner.
(h) Public Guidance.--
(1) In general.--Not later than 210 days after the date of the enactment of this Act, the Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, shall publish a report comprising of best practices to detect, prevent, and respond to model extraction attacks.
(2) Public access.--The report required by paragraph (1) shall be publicly available.
(3) Protection of confidential information.--Any confidential information provided to the Secretary by the owner of a closed-source artificial intelligence model shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code (commonly referred to as the "Freedom of Information Act"), unless the owner expressly consents to the disclosure.
SEC. 6705. DETERRING MODEL EXTRACTION ATTACKS AND FRAUDULENT
ACCOUNT NETWORK PROVIDERS.
(a) In General.--Not later than 210 days after the date of the enactment of this Act, the Under Secretary of Commerce for Industry and Security, in coordination with the head of each agency that is a member of the End-User Review Committee, shall make a determination, by majority vote of the Committee, with respect to whether each entity described in subsection (b) should be added to the Entity List maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, or any successor regulations.
(b) Entities Described.--An entity described in this subsection is--
(1) an entity that is a person of concern identified, under subsection (a) or (e) of section 6704, as having conducted model extraction attacks or having facilitated such attacks via fraudulent account networks; or
(2) a subsidiary of such an entity (to be determined by ownership of 50 percent or more in the aggregate, directly or indirectly).
SEC. 6706. IMPOSITION OF SANCTIONS WITH RESPECT TO MODEL
EXTRACTION ATTACKS AND FRAUDULENT ACCOUNT
NETWORK PROVIDERS.
(a) In General.--The President, may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of each person identified under subsection (a) or (e) of section 6704 as having conducted model extraction attacks or having facilitated such attacks via fraudulent account networks if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(b) Exceptions.--
(1) Exception relating to the provision of humanitarian assistance.--Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for--
(A) the sale of agricultural commodities, food, medicine, or medical devices;
(B) the provision of humanitarian assistance; or
(C) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance.
(2) Exception for intelligence, law enforcement, and national security activities.--Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.
(c) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C.
Text printed in the Record (11,702 characters)
1702 and 1704) to carry out this section.
(d) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
SEC. 6801. CARLA WALKER ACT.
(a) Short Title.--This section may be cited as the "Carla Walker Act".
(b) Grants to Improve Forensic Activities.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:
"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.
Text printed in the Record (11,993 characters)
ADMINISTRATIVE PROVISIONS.
"(a) Regulations.--The Attorney General may promulgate guidelines, regulations, and procedures to carry out this part, including guidelines, regulations, and procedures relating to the submission and review of applications for grants under sections 3062 and 3063.
"(b) Accountability.--
"(1) Records.--An eligible entity that receives a grant under this part shall maintain such records as the Attorney General may require to facilitate an effective audit relating to the receipt of the grant, the use of amounts from the grant, outsourcing activities, and compliance with--
"(A) section VIII, entitled `Sample and Data Control and Disposition', of the Interim Policy; and
"(B) the regulations promulgated under section 3062(f).
"(2) Access.--For the purpose of conducting audits and examinations, the Attorney General shall have access to any book, document, or record of an eligible entity that receives a grant under this part, a State or unit of local government within which the eligible entity operates, and any entity to which the eligible entity outsources work using amounts from the grant if the Attorney General determines that the book, document, or record relates to--
"(A) the receipt of the grant;
"(B) the use of funds from the grant; or
"(C) compliance with--
"(i) section VIII, entitled `Sample and Data Control and Disposition', of the Interim Policy; or
"(ii) the regulations promulgated under section 3062(f).
"(3) Suspension and debarment.--In carrying out this part, the Attorney General shall comply with part 180 of title 2, Code of Federal Regulations, or any successor regulation.
"SEC. 3065. REPORTS.
"Not later than1 year after the date on which an eligible entity receives the final disbursement of funds from a grant under section 3062 or 3063, the eligible entity shall submit to the Attorney General a report that includes--
"(1) the amount of funding the eligible entity received from the grant for each fiscal year for which the grant was awarded;
"(2) the number of cases for which the eligible entity submitted for testing using FGG DNA analysis and searching during the previous year;
"(3) the number of cases for which the eligible entity performed testing using FGG DNA analysis and searching during the previous year;
"(4) the type of testing relating to FGG DNA analysis and searching performed by the eligible entity during each year for which the grant was awarded, including--
"(A) the name of any laboratory to which the eligible entity outsourced the testing;
"(B) the type of sequencing equipment and method used for the testing; and
"(C) the results of the testing, such as whether the testing resulted in successful victim or perpetrator identification, no identification, ongoing analysis, or incomplete analysis, and the time it took to obtain a result;
"(5) during each year for which the grant was awarded, the number of cases in which FGG DNA analysis and searching--
"(A) resulted in a searchable profile in a publicly available genetic genealogy service;
"(B) generated a lead resulting in a victim or perpetrator identification;
"(C) generated a lead but did not generate a victim or perpetrator identification; and
"(D) did generate a lead and resulted in a victim or perpetrator identification by the end of the grant period directly resulting in an arrest; and
"(6) during each year for which the grant was awarded, the average number of days it took to make any identification between the date of sample submission for FGG DNA analysis and searching and the date of delivery of test results to the requesting office or agency.
"SEC. 3066. NO PREEMPTION.
"Nothing in this part shall be construed to preempt any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection than the requirements of this part.".
(c) Department of Justice Report.--Not later than 3 years after the date of enactment of this Act, the Attorney General, in consultation with the Forensic Laboratory Needs Working Group of the National Institute of Justice, shall submit to Congress a report--
(1) on the awards and practices reported to the Attorney General under section 3065 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section;
(2) on forensic genetic genealogy analysis technologies and how best to implement forensic genetic genealogy analysis for eligible entities (as defined in section 3063(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section); and
(3) that includes any recommendations relating to--
(A) expected funding needs; and
(B) whether regulations are needed for the use of forensic genetic genealogy analysis technology.
SEC. 6802. PROMOTING POLICE LEADERSHIP ACT.
(a) Short Title.--This section may be cited as the "Promoting Police Leadership Act".
(b) Commander Curriculum Development.--
(1) Definitions.--Section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended--
(A) in paragraph (32), by striking "and" at the end;
(B) in paragraph (33)(B), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(34) the term `command-level personnel' means law enforcement officers employed by a State, local, or Tribal law enforcement agency whose responsibilities include managing, directing, or overseeing law enforcement operations within a geographic subunit of the jurisdiction in which such agency has primary responsibility for law enforcement activities.".
(2) Cops program.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following:
"(q) Training in Improving Police Command-level Personnel Leadership, Management, and Effectiveness.--
"(1) Training curricula.--
"(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Attorney General shall develop training curricula or identify effective existing training curricula for command-level personnel relating to--
"(i) leadership and strategic thinking;
"(ii) critical incident response and management, including understanding, preparing for, and responding to the effect of critical incidents on officers and communities;
"(iii) risk management;
"(iv) officer wellness;
"(v) data analysis and data-driven policing tactics;
"(vi) evidence-based decision making; and
"(vii) building community trust.
"(B) Requirements.--The training curricula developed or identified under this paragraph shall include--
"(i) primarily in-person instruction and peer-to-peer learning;
"(ii) a framework for a practical, evidence-based problem solving component under which participating command-level personnel--
"(I) identify and develop a proposed solution to a leadership, operational, or management challenge relevant to personnel in the command-level personnel's employing law enforcement agency;
"(II) receive feedback from curriculum instructors and other participating command-level personnel to refine the proposed solution accordingly to meet the needs of the law enforcement agency and community served; and
"(III) present a final, implementable product emphasizing evidence-based strategies to program instructors and the command-level personnel's district or geographic command; and
"(iii) the incorporation of pre-course and post-course assessments to measure knowledge acquisition and leadership competencies relevant to the training curricula.
"(C) Consultation.--The Attorney General shall develop and identify training curricula under this paragraph in consultation with relevant law enforcement agencies of States and units of local government, organizations and fraternal associations representing law enforcement officers, universities with appropriate law enforcement or leadership programs, and any other entities the Attorney General determines appropriate.
"(2) Certified programs and courses.--
"(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
Text printed in the Record (11,478 characters)
section, shall be construed to preempt or replace the authority of any State or local government, including any Peace Officer Standards and Training entity or similar certifying body, to set and enforce certification, training, or qualification standards for law enforcement officers.
SEC. 6803. PROTECTING AMERICANS FROM RUSSIAN LITIGATION ACT.
(a) Short Title.--This section may be cited as the "Protecting Americans from Russian Litigation Act of 2026".
(b) Statement of Policy.--It is the policy of the United States--
(1) to ensure that United States persons are not disadvantaged for actions or omissions undertaken to comply with United States sanctions or export controls; and
(2) to ensure that foreign persons, or persons acting on their behalf, cannot obtain compensation for any action related to United States persons attempting in good faith to comply with their obligations under United States sanctions or export controls.
(c) Limitation on Civil Actions Affected by United States Sanctions.--
(1) In general.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following:
"Sec. 1660. Limitation on civil actions affected by United
States sanctions
"(a) Limitation.--Notwithstanding any provision of law, no person (other than the United States or a person acting on behalf of the United States) may bring a civil action in Federal or State court to enforce any foreign judgment or foreign arbitral award arising from a claim where--
"(1) the underlying conduct or circumstances giving rise to the claim resulted from actions to comply with United States sanctions impeding the performance of a contract; or
"(2) the court or tribunal issuing the judgment or arbitral award asserted jurisdiction based, in whole or in part, on the imposition of United States sanctions or export controls (or any foreign law enacted in response to the imposition of United States sanctions or export controls).
"(b) Removal and Dismissal.--An action to recognize or enforce a foreign judgment or foreign arbitral award described in subsection (a) may be removed by any defendant to the appropriate United States district court, which shall dismiss the action.
"(c) Rule of Construction.--Nothing in this section may be construed to limit--
"(1) the authority of the President, any delegate of the President (including the Office of Foreign Assets Control of the Department of the Treasury), or any other officer or official of the United States to bring any action or exercise any responsibility under any applicable State or Federal law;
"(2) any right, remedy, or cause of action available to a victim of international terrorism, torture, extrajudicial killing, aircraft sabotage, or hostage taking, who is, or was at the time of the victim's injury, a national of the United States, a member of the United States Armed Forces, an employee of the United States Government, or an individual performing a contract awarded by the United States Government acting within the scope of the individual's employment, or a family member of any such victim, under any applicable State or Federal law, including--
"(A) chapter 97 of this title;
"(B) chapter 113B of title 18; and
"(C) the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.) and any other laws providing for the application of sanctions with respect to Iran or Syria;
"(3) any right, remedy, or cause of action available to any party arising under or relating to the party's contractual rights (other than an action to enforce a foreign judgment or foreign arbitral award described in subsection (a)) where the parties agreed to resolve all disputes by litigation in a State or Federal court within the United States or by arbitration within the United States; or
"(4) any other right, remedy, or cause of action available to any party arising under State or Federal law (other than an action to enforce a foreign judgment or foreign arbitral award described in subsection (a)) where the underlying conduct or circumstances giving rise to the claim resulted from the imposition of United States sanctions or export controls.
"(d) United States Sanctions Defined.--In this section:
"(1) In general.--The term `United States sanctions' means any prohibition, restriction, or condition on transactions involving any property in which any foreign country or national thereof has any interest that is imposed by the United States to address threats to the national security, foreign policy, or economy of the United States pursuant to--
"(A) section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702); or
"(B) any other provision of law, including any provision of law relating to export controls.
"(2) Duties.--The term `United States sanctions' does not include the imposition of a duty on the importation of goods.".
(2) Clerical amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 1659 the following new item:
"1660. Limitation on civil actions affected by United States sanctions.". (3) Application.--Section 1660 of title 28, United States Code, as added by paragraph (1), applies with respect to civil actions pending on or after the date of the enactment of this Act.
SEC. 6804. STRENGTHENING CHILD EXPLOITATION ENFORCEMENT ACT.
(a) Short Title.--This section may be cited as the "Strengthening Child Exploitation Enforcement Act".
(b) Kidnapping; Sexual Abuse; Illicit Sexual Conduct With Respect to Minors.--
(1) In general.--Part I of title 18, United States Code, is amended--
(A) in section 1201--
(i) in subsection (a), in the matter preceding paragraph (1), by inserting "obtains by defrauding or deceiving any person," after "abducts,";
(ii) in subsection (b), by inserting "obtained by defrauding or deceiving any person," after "abducted,"; and
(iii) in subsection (g), by adding at the end the following:
"(2) Defense.--For an offense described in this subsection involving a victim who has not attained the age of 16 years, it is not a defense that the victim consented to the conduct of the offender, unless the offender can establish by a preponderance of the evidence that the offender reasonably believed that the victim had attained the age of 16 years.";
(B) in chapter 109A--
(i) in section 2241(c), by striking "crosses a State line" and inserting "travels in interstate or foreign commerce";
(ii) in section 2242(3), by striking ", to include doing so" and inserting "or";
(iii) in section 2243, by adding at the end the following:
"(f) Intentional Touching Involving Individuals Under the Age of 16.--
"(1) Offense.--It shall be unlawful, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, to knowingly cause the intentional touching, not through the clothing, of the genitalia of any person by a person who has not attained the age of 16 years, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, or attempt to do so, if to do so would violate subsection (a), (b), or (c) of this section, section 2241, or section 2242 had such intentional touching been a sexual act.
"(2) Penalty.--Any person who violates paragraph (1) shall be fined under this title, imprisoned as provided in the applicable provision of law described in that paragraph, or both."; and
(iv) in section 2244--
(I) in subsection (a)--
(aa) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and adjusting the margins accordingly;
(bb) by striking "Whoever" and inserting the following:
"(1) In general.--Whoever";
(cc) in paragraph (1), as so designated--
(AA) in the matter preceding subparagraph (A), as so redesignated, by striking "if so to do" and inserting "if to do so";
(BB) in subparagraph (A), as so redesignated, by striking "ten" and inserting "10";
(CC) in subparagraph (B), as so redesignated, by striking "three" and inserting "3";
(DD) in subparagraph (C), as so redesignated, by striking "two" and inserting "2";
(EE) in subparagraph (D), as so redesignated, by striking "two" and inserting "2"; and
(FF) in subparagraph (F), as so redesignated, by striking the semicolon at the end and inserting a period; and
(dd) by adding at the end the following:
"(2) Attempt.--Whoever attempts to commit an offense under paragraph (1) shall be subject to the same penalty as for a completed offense.";
(II) in subsection (b)--
(aa) by inserting "or causes" after "engages in";
(bb) by inserting "or by" after "sexual contact with";
(cc) by inserting ", or attempts to do so," after "other person's permission"; and
(dd) by striking "two" and inserting "2"; and
(III) in subsection (c), by striking "If the sexual contact that violates this section (other than subsection (a)(5)) is with an individual" and inserting "If the sexual contact or attempted sexual contact that a person engages in or causes in violation of this section (other than subsection (a)(1)(E)) is with or by an individual"; and
(C) in section 2423(g)(1)--
(i) by striking "a sexual act (as defined in section 2246) with" and inserting "any conduct involving"; and
(ii) by striking "sexual act occurred" and inserting "conduct occurred".
(2) Effective date.--The amendment to section 2241(c) of title 18, United States Code, made by paragraph (1) shall apply to conduct that occurred before, on, or after the date of enactment of this Act.
(c) Conforming Amendments Relating to Abusive Sexual Contact.--
(1) Penalties for civil rights offenses involving sexual misconduct.--Section 250(b) of title 18, United States Code, is amended--
(A) in paragraph (2), by striking "section 2244(a)(5)," and inserting "section 2244(a)(1)(E), or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2),";
(B) in paragraph (4), in the matter preceding subparagraph (A), by striking "subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing" and inserting "section 2244(a)(1)(A), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b), but excluding abusive sexual contact through the clothing or an attempt to engage in or cause such contact";
(C) in paragraph (5), in the matter preceding subparagraph (A), by striking "section 2244(a)(2)" and inserting "section 2244(a)(1)(B) or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2)"; and
(D) in paragraph (6), in the matter preceding subparagraph (A), by striking "subsection (a)(3), (a)(4), or (b) of section 2244" and inserting "subparagraph (C) or (D) of section 2244(a)(1), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b)".
(2) Sentencing classification of offenses.--Section 3559 of title 18, United States Code, is amended--
(A) in subsection (c)(2)(F)(i), by striking "sections 2244(a)(1) and (a)(2)" and inserting "subparagraphs (A) and (B) of section 2244(a)(1)"; and
(B) in subsection (e)(2)(A), by striking "2244(a)(1)" and inserting "2244(a)(1)(A)".
SEC. 6805.
Text printed in the Record (10,929 characters)
ENHANCING NECESSARY FEDERAL OFFENSES REGARDING
CHILD EXPLOITATION (ENFORCE) ACT.
(a) Short Title.--This section may be cited as the "Enhancing Necessary Federal Offenses Regarding Child Exploitation Act" or the "ENFORCE Act".
(b) Clarifying Production With Respect to Material Constituting or Containing Child Pornography.--Section 2252A of title 18, United States Code, is amended--
(1) in subsection (a), by striking paragraph (7) and inserting the following:
"(7) knowingly produces child pornography, as defined in section 2256(8)(C), that--
"(A) the person knows, or has reason to know, will be mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce;
"(B) was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce; or
"(C) has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce,"; and
(2) in subsection (b)--
(A) in paragraph (1), by striking "or (6)" and inserting "(6), or (7)"; and
(B) by striking paragraph (3).
(c) Enhancing Enforcement With Respect to Obscene Visual Representations of Child Sexual Abuse.--
(1) Removing the statute of limitations for obscene visual representations of child sexual abuse.--Section 3299 of title 18, United States Code, is amended by inserting "1466A or" before "1591".
(2) Including crimes of obscene visual representations of child sexual abuse in sex offender registration.--Section 111(5)(A)(iii) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(5)(A)(iii)) is amended by inserting "1466A or" before "1591".
(3) Prohibition on reproduction of obscene visual representations of child sexual abuse in discovery.--Section 1466A of title 18, United States Code, is amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following:
"(f) Prohibition on Reproduction of Obscene Visual Depictions of Child Sexual Abuse.--In any criminal proceeding brought under this section--
"(1) any visual depiction involved in a violation of this section shall remain in the care, custody, and control of either the Government or the court in the same manner specified for child pornography in paragraphs (1) and (2) of section 3509(m); and
"(2) any identifiable minor, as that term is defined in section 2256(9), depicted in any visual depiction involved in a violation of this section may have access to such depiction in the same manner specified for a victim, with respect to child pornography depicting the victim, in section 3509(m)(3).".
(4) Presumption of detention for violations of section 1466a pending trial.--Section 3142 of title 18, United States Code, is amended--
(A) in subsection (c)(1)(B), in the undesignated matter following clause (xiv), by striking "that involves" and all that follows through "2425 of this title" and inserting "that involves an offense described in subsection (e)(3)(E)"; and
(B) in subsection (e)(3), by striking subparagraph (E) and inserting the following:
"(E) an offense--
"(i) involving a minor victim under section 1201, 1591, 2241(a), 2241(b), 2242, 2244(a)(1), 2245, 2421, or 2422(a) of this title; or
"(ii) under section 1466A(a), 2241(c), 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2422(b), 2423, or 2425 of this title.".
(5) Supervised release for violations of section 1466a after imprisonment.--Section 3583(k) of title 18, United States Code, is amended, in the first sentence, by inserting "1466A," before "1591,".
SEC. 6806. COUNTERING THREATS AND ATTACKS ON OUR JUDGES ACT.
(a) Short Title.--This section may be cited as the "Countering Threats and Attacks on Our Judges Act".
(b) Definitions.--Section 202 of the State Justice Institute Act of 1984 (42 U.S.C. 10701) is amended--
(1) in paragraph (7), by striking "and" at the end;
(2) in paragraph (8)(B), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following:
"(9) `eligible organization' means a national nonprofit organization that--
"(A) provides technical assistance and training on, and has expertise and national-level experience in, judicial security and safety at the State and local levels;
"(B) has experience in courthouse design and courthouse security design standards;
"(C) has an understanding of State judicial operations and public access to judicial services; and
"(D) has experience working with a wide array of different judges and court systems, including an understanding of the challenges facing trial courts, appellate courts, rural
courts, and limited-jurisdiction courts at the State and local levels.".
(c) Establishment of State Judicial Threat Intelligence and Resource Center.--Section 206(c) of the State Justice Institute Act of 1984 (42 U.S.C. 10705(c)) is amended--
(1) in paragraph (14), by striking "and" at the end;
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following:
"(15) to provide financial and technical support to eligible organizations to establish, implement, and operate a State judicial threat and intelligence resource center to--
"(A) provide technical assistance and training around judicial security, including--
"(i) providing judicial officer safety education and training for judicial officers, courts, and local law enforcement;
"(ii) creating resources and guides around judicial security; and
"(iii) providing physical security assessments for courts, homes, and other facilities where judicial officers and staff conduct court-related business;
"(B) proactively monitor threats to the safety of State and local judges and court staff;
"(C) coordinate with Federal, State, and local law enforcement agencies to mitigate threats to the safety of State and local judges and court staff;
"(D) develop standardized incident reporting and threat evaluation practices for State and local courts in coordination with State and local law enforcement and fusion centers;
"(E) develop a national database for reporting, tracking, and sharing information about threats and incidents towards judicial officers and court staff at local and State levels with entities working in the interest of judicial security, including State and local law enforcement and fusion centers; and
"(F) coordinate research to identify, examine, and advance best practices around judicial security.".
(d) Reports.--Not later than 1 year after the date on which a State judicial threat intelligence and resource center is established under paragraph (15) of section 206(c) of the State Justice Institute Act of 1984, as added by subsection (c) of this section, the State Justice Institute shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report on the number of threats to State and local judiciary members and court staff, with breakdown of types of threats and level of seriousness.
SEC. 6807. CONFLICT-FREE LEAVING EMPLOYMENT AND ACTIVITY
RESTRICTIONS (CLEAR) PATH ACT.
(a) Short Title.--This section may be cited as the "Conflict-free Leaving Employment and Activity Restrictions Path Act" or the "CLEAR Path Act".
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the executive branch have recognized the importance of preventing and mitigating the potential for conflicts of interest following Government service, including with respect to senior United States officials working on behalf of foreign governments; and
(2) Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions.
(c) Post-employment Restrictions on Officials in Positions Subject to Senate Confirmation.--
(1) In general.--Section 207 of title 18, United States Code, is amended by adding at the end the following:
"(m) Extended Post-employment Restrictions for Officials in Positions Subject to Senate Confirmation.--
"(1) Definitions.--In this subsection:
"(A) Country of concern.--The term `country of concern' has the meaning given the term in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)), except that it does not include the country described in paragraph (1)(A)(vi) of that section, as in effect on the date of enactment of the Conflict-free Leaving Employment and Activity Restrictions Path Act.
"(B) Foreign governmental entity.--The term `foreign governmental entity' has the meaning given the term in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)).
"(C) Represent.--The term `represent' does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice.
"(D) Senate-confirmed position.--The term `Senate-confirmed position' means a position in a department or agency of the executive branch of the United States for which appointment is required to be made by the President, by and with the advice and consent of the Senate.
"(2) Agency heads, deputy heads, and other positions subject to senate confirmation.--Any person who serves in a position requiring appointment by the President as head or deputy head of, or serves in any other Senate-confirmed position in, a department or agency of the executive branch of the United States, and who, at any time after the termination of the person's service in that position, knowingly represents, aids, or advises a foreign governmental entity of a country of concern before an officer or employee of the executive or legislative branch of the United States with the intent to influence a decision of the officer or employee in carrying out his or her official duties shall be punished as provided in section 216.
"(3) Notice of restrictions.--Any person subject to the restrictions under this subsection shall be provided notice of these restrictions by the relevant department or agency--
"(A) upon appointment by the President; and
"(B) upon termination of service with the relevant department or agency.
"(4) Effective date.--
"(A) In general.--Except as provided in subparagraph (B), the restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after the date of enactment of the Conflict-free Leaving Employment and Activity Restrictions Path Act.
"(B) Grace period for added countries of concern.--If the definition of the term `country of concern' under subsection (m) of section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
Text printed in the Record (11,999 characters)
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. 6808. LOCAL ACCESS TO COURTS ACT.
(a) Short Title.--This section may be cited as the "Local Access to Courts Act" or "LACA".
(b) Organization of Texas District Courts.--Section 124(b)(2) of title 28, United States Code, is amended, in the matter preceding paragraph (3), by inserting "and College Station" before the period at the end.
(c) Organization of California District Courts.--Section 84(d) of title 28, United States Code, is amended by inserting "and El Centro" after "at San Diego".
SEC. 6809. TREY'S LAW.
(a) Short Title.--This section may be cited as the "Terminating Restrictive Enforcement of Youth Settlements Law" or "TREY'S Law".
(b) Findings and Purposes.--
(1) Findings.--
(A) Instrumentalities of interstate commerce.--Congress finds the following:
(i) Sexual abuse of minors, including abuse facilitated through instrumentalities of interstate commerce, is a matter of national concern.
(ii) Agreements containing nondisclosure and confidentiality provisions, frequently concluded through the instrumentalities of interstate commerce, have been used to silence survivors of sexual abuse and conceal ongoing or repeated abuse.
(iii) The enforcement of such provisions interferes with reporting to law enforcement agencies, child protection authorities, Federal regulators, Members of Congress, and the courts, and frustrates the enforcement of Federal criminal and civil law.
(B) Necessary and proper clause and enforcement of federal criminal law.--Congress further finds the following:
(i) Sexual abuse and trafficking of minors are prohibited under Federal criminal law, including chapter 110 of title 18, United States Code, and section 1591 of title 18, United States Code.
(ii) Nondisclosure and confidentiality agreements that prohibit or restrict disclosure of sexual abuse of a minor interfere with reporting to law enforcement, child protection authorities, courts, Federal regulators, and Members of Congress.
(iii) Such agreements frustrate the investigation and prosecution of Federal crimes, chill cooperation with law enforcement, and function as private mechanisms to obstruct justice.
(iv) Congress has authority under clause 18 of section 8 of article I of the Constitution of the United States (commonly known as the "Necessary and Proper Clause") to ensure that private agreements are not used to impede the enforcement of Federal criminal and civil law protecting minors from sexual exploitation and abuse.
(C) State action and section 5 of the 14th amendment.--Congress further finds the following:
(i) Survivors of child sexual abuse possess fundamental constitutional interests, secured by provisions of the Bill of Rights as incorporated against the States through the 14th Amendment to the Constitution of the United States, in reporting crimes, seeking redress through the courts, cooperating with law enforcement, and petitioning the government for protection and enforcement.
(ii) When State courts or other governmental authorities enforce nondisclosure or confidentiality provisions that prohibit or restrict disclosure of sexual abuse of a minor, such enforcement constitutes State action for purposes of the 14th Amendment to the Constitution of the United States.
(iii) Judicial enforcement of such provisions may deprive survivors of due process of law, equal protection of the laws, and meaningful access to courts, including rights derived from the First Amendment to the Constitution of the United States and incorporated against the States, in violation of the 14th Amendment.
(iv) Agreements that obstruct justice, suppress the reporting of crimes, or conceal criminal conduct have long been regarded at common law, including at the time of the founding of the United States, as void and unenforceable as against public policy, and fall outside the traditional scope of protected contractual liberty.
(v) At the time of the founding of the United States, private agreements purporting to suppress prosecution, conceal felonies, or restrain the reporting of crimes were not recognized as valid or enforceable contracts, and no party possessed a vested right in their judicial enforcement.
(vi) Congress has authority under section 5 of the 14th Amendment to the Constitution of the United States to enact appropriate remedial and preventive legislation to prevent and remedy constitutional violations arising from State judicial enforcement of private agreements that suppress disclosure of criminal conduct involving minors.
(2) Purpose.--The purpose of this section is--
(A) to enforce the guarantees of the 14th Amendment to the Constitution of the United States, including the right to petition the government for redress of grievances and the right of access to courts, by preventing State courts and other governmental authorities from enforcing nondisclosure or confidentiality provisions that suppress disclosure of sexual abuse of minors;
(B) to ensure, pursuant to the authority of Congress under article I of the Constitution of the United States, including the Necessary and Proper Clause, that private agreements are not used to obstruct the investigation or prosecution of Federal crimes involving the sexual abuse or trafficking of minors;
(C) to preserve access to courts and the right to petition the government for redress of grievances; and
(D) to ensure that survivors of sexual abuse of minors, and persons with knowledge of such abuse, may disclose such abuse freely and without fear of civil liability.
(c) Definitions.--In this section:
(1) Minor person.--The term "minor person" means an individual who has not attained 18 years of age.
(2) Nondisclosure clause.--The term "nondisclosure clause" means a provision in a contract or agreement that prohibits 1 or more parties to the contract or agreement from disclosing conduct or information covered by the terms and conditions of the contract or agreement.
(3) Sexual abuse against a minor person.--The term "sexual abuse against a minor person" means--
(A) conduct that constitutes or allegedly constitutes--
(i) an offense under chapter 110 of title 18, United States Code; or
(ii) sex trafficking of a minor person under section 1591 of title 18, United States Code; or
(B) any sexual act or sexual contact involving a minor person that constitutes a criminal offense under Federal law or the law of the State in which the act or contact occurs.
(d) Nondisclosure Agreements Void and Unenforceable.--
(1) In general.--A nondisclosure clause shall be void and unenforceable as against public policy only to the extent that the nondisclosure clause prohibits--
(A) a victim or alleged victim of sexual abuse against a minor person from disclosing--
(i) that act of sexual abuse against a minor person; or
(ii) facts related to that act of sexual abuse against a minor person; or
(B) any other person from disclosing facts related to sexual abuse against a minor person described in subparagraph (A) in support of, in furtherance of, or consistent with the right of a victim or alleged victim to disclose under that subparagraph.
(2) Permissible confidentiality.--Nothing in this section shall be construed to prohibit a person, including a victim or alleged victim of sexual abuse against a minor person, from entering into a contract or agreement that restricts the disclosure of information, including the amount or payment terms
Text printed in the Record (10,696 characters)
of a settlement, by another party to the contract or agreement, including an alleged perpetrator, so long as such restriction does not prevent disclosure protected under paragraph (1).
(e) Retroactive Application.--
(1) In general.--This section shall apply to any nondisclosure clause in a contract or agreement entered into before, on, or after the date of enactment of this Act.
(2) No enforcement actions.--No person may enforce or attempt to enforce a nondisclosure clause described in subsection (d)(1), regardless of the date on which the contract or agreement containing the nondisclosure clause was entered into.
(3) Preemption.--
(A) In general.--This section supersedes any State law to the extent that such law permits enforcement of a provision, the enforcement of which is prohibited under this section.
(B) Rule of construction.--Nothing in this section shall be construed to prohibit a State or locality from enacting legislation that--
(i) is consistent with this section; or
(ii) provides greater protection to a victim of sexual abuse against a minor person than is provided under this section.
SEC. 6810. DETERRING EXTERNAL THREATS AND ENSURING ROBUST
RESPONSES TO EGREGIOUS AND NEFARIOUS CRIMINAL
ENDEAVORS (DETERRENCE) ACT.
(a) Short Title.--This section may be cited as the "Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act" or the "DETERRENCE Act".
(b) Kidnapping.--Section 1201 of title 18, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following:
"(h) Sentence Enhancements for Offenses Directed by or Coordinated With Foreign Governments.--
"(1) In general.--The sentence of a person convicted of an offense under subsection (a)
may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(2) Conspiracy.--The sentence of a person convicted of conspiring to commit a violation of subsection (a) as part of a conspiracy under the elements specified in subsection (c) may be increased by up to 10 years if--
"(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and
"(B) the person convicted of conspiring to commit a violation of subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.
"(3) Attempt.--The sentence of a person convicted of an attempt to violate subsection (a) may be increased by up to 5 years if such attempt was knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government."; and
(3) in subsection (i), as so designated, by inserting "Definition.--" before "As used in this section".
(c) Use of Interstate Commerce Facilities in the Commission of Murder-for-hire.--
(1) In general.--Section 1958 of title 18, United States Code, is amended--
(A) by redesignating subsection (b) as subsection (c);
(B) by inserting after subsection (a) the following:
"(b) Sentence Enhancements for Offenses Directed by or Coordinated With Foreign Governments.--The sentence of a person convicted of an offense under subsection (a)--
"(1) may be increased by up to 5 years, if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and
"(2) may be increased by up to 10 years--
"(A) if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and
"(B) personal injury results."; and
(C) in subsection (c), as so redesignated, by inserting "Definitions.--" before "As used in this section".
(2) Technical and conforming amendments.--
(A) Section 2332b(g)(2) of title 18, United States Code, is amended by striking "section 1958(b)(2)" and inserting "section 1958".
(B) Section 1010A(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960a(d)) is amended by striking "section 1958(b)(1)" and inserting "section 1958".
(d) Influencing, Impeding, or Retaliating Against a Federal Official by Threatening or Injuring a Family Member.--Section 115(b) of title 18, United States Code, is amended by adding at the end the following:
"(5) The sentence of a person convicted of an offense under subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government--
"(A) may be increased by up to 5 years if the offense committed was an assault involving physical contact with the victim of that assault or the intent to commit another felony;
"(B) may be increased by up to 10 years if--
"(i) the offense committed was an assault resulting in bodily injury (including serious bodily injury (as that term is defined in section 1365 of this title));
"(ii) the offense involved any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title; or
"(iii) a dangerous weapon was used during and in relation to the offense; and
"(C) may be increased by up to 10 years if the offense committed was a murder, attempted murder, or conspiracy to murder.".
(e) Stalking.--Section 2261A of title 18, United States Code, is amended--
(1) by striking "Whoever--" and inserting "(a) In General.--Except as provided in subsection (b), whoever--"; and
(2) by adding at the end the following:
"(b) Enhanced Penalties for Offenses Involving Foreign Governments.--The sentence of a person convicted of an offense under paragraph (1) or (2) of subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government--
"(1) may be increased by up to 5 years if--
"(A) serious bodily injury (including permanent disfigurement or life threatening bodily injury) to the victim results;
"(B) the offender uses a dangerous weapon during the offense; or
"(C) the victim of the offense is under the age of 18 years;
"(2) may be increased by up to 10 years if death of the victim results; and
"(3) may be increased by up to 30 months in any other case.".
(f) Protection of Officers and Employees of the United States.--Section 1114 of title 18, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
"(b) Sentence Enhancements for Offenses Directed by or Coordinated With Foreign Governments.--The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.".
(g) Presidential and Presidential Staff Assassination, Kidnapping, and Assault.--Section 1751 of title 18, United States Code, is amended--
(1) by redesignating subsections (f) through (k) as subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
"(f)(1) The sentence of a person convicted of an offense under subsection (a), (b), or (c) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(2) The sentence of a person convicted of conspiring to kill or kidnap any individual designated in subsection (a) as part of a conspiracy under the elements specified in subsection (d) may be increased by up to 10 years if--
"(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and
"(B) the person convicted of conspiring to kill or kidnap an individual designated in subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.
"(3) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if--
"(A) the victim was any person designated in subsection (a)(1); and
"(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(4) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if--
"(A) the victim was any person designated in subsection (a)(2); and
"(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
"(5) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if--
"(A)(i) the offense involved the use of a dangerous weapon; or
"(ii) personal injury resulted; and
"(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.".
SEC. 6811. TRIBAL WARRANT FAIRNESS ACT.
(a) Short Title.--This section may be cited as the "Tribal Warrant Fairness Act".
(b) Definition.--In this section, the term "Indian Tribe" means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the most recent list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(c) Amendments.--
(1) U.S. marshals service.--Section 566(e)(1) of title 28, United States Code, is amended--
(A) in subparagraph (B), by inserting "including Tribal fugitive matters (on the request of an Indian Tribe, as defined in section 2 of the Tribal Warrant Fairness Act, as applicable)," after "matters,"; and
(B) in subparagraph (D), by inserting "Tribal," after "local,".
(2) Presidential threat protection act of 2000.--Section 6 of the Presidential Threat Protection Act of 2000 (34 U.S.C. 41503) is amended--
(A) in subsection (a)--
(i) by inserting "and Indian Tribes, as defined in section 2 of the Tribal Warrant Fairness Act" after "components"; and
(ii) by striking "and local" and inserting "local, and Tribal"; and
(B) in subsection (c), by striking "Federal or State law" and inserting "Federal, State, or Tribal law".
SEC. 6812.
Text printed in the Record (10,231 characters)
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. 6813. FIGHTING POST-TRAUMATIC STRESS DISORDER ACT.
(a) Short Title.--This section may be cited as the "Fighting Post-Traumatic Stress Disorder Act of 2026".
(b) Findings.--Congress finds the following:
(1) Public safety officers serve their communities with bravery and distinction in order to keep their communities safe.
(2) Public safety officers, including police officers, firefighters, emergency medical technicians, and 911 dispatchers, are on the front lines of dealing with situations that are stressful, graphic, harrowing, and life-threatening.
(3) The work of public safety officers puts them at risk for developing post-traumatic stress disorder and acute stress disorder.
(4) It is estimated that 30 percent of public safety officers develop behavioral health conditions at some point in their lifetimes, including depression and post-traumatic stress disorder, in comparison to 20 percent of the general population that develops such conditions.
(5) Victims of post-traumatic stress disorder and acute stress disorder are at a higher risk of dying by suicide.
(6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population.
(7) It is estimated that between 125 and 300 police officers die by suicide every year.
(8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the "LEMHWA report") that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers.
(9) The LEMHWA report recommended methods for establishing remote access or regional mental health check programs at the State or Federal level.
(10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job-related post-traumatic stress disorder and acute stress disorder.
(c) Programming for Post-traumatic Stress Disorder.--
(1) Definitions.--In this section:
(A) Public safety officer.--The term "public safety officer"--
(i) has the meaning given the term in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); and
(ii) includes Tribal public safety officers.
(B) Public safety telecommunicator.--The term "public safety telecommunicator" means an individual who--
(i) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers;
(ii) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and
(iii) coordinates and provides information to law enforcement and emergency response personnel.
(2) Report.--Not later than 150 days after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services of the Department of Justice, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on--
(A) not fewer than 1 proposed program, if the Attorney General determines it appropriate and feasible to do so, to be administered by the Department of Justice for making state-of-the-art treatments or preventative care available to public safety officers and public safety telecommunicators with regard to job-related post-traumatic stress disorder or acute stress disorder by providing public safety officers and public safety telecommunicators access to evidence-based trauma-informed care, peer support, counselor services, and family supports for the purpose of treating or preventing post-traumatic stress disorder or acute stress disorder;
(B) a draft of any necessary grant conditions required to ensure that confidentiality is afforded to public safety officers on account of seeking the care or services described in subparagraph (A) under the proposed program;
(C) how each proposed program described in subparagraph (A) could be most efficiently administered throughout the United States at the State, Tribal, territorial, and local levels, taking into account in-person and telehealth capabilities;
(D) a draft of legislative language necessary to authorize each proposed program described in subparagraph (A) ; and
(E) an estimate of the amount of annual appropriations necessary for administering each proposed program described in subparagraph (A) .
(3) Development.--In developing the report required under paragraph (2), the Attorney General shall consult relevant stakeholders, including--
(A) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and
(B) nongovernmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers, public safety telecommunicators, and family members of public safety officers and public safety telecommunicators.
SEC. 6814. COMPREHENSIVE HEALTH AND INTEGRITY IN LICENSING
AND DOCUMENTATION (CHILD) ACT.
(a) Short Title.--This Act may be cited as the "Comprehensive Health and Integrity in Licensing and Documentation Act of 2026" or the "CHILD Act of 2026".
(b) Defining "Covered Individual" for Purposes of Background Checks Under the National Child Protection Act of 1993.--Section 5(9)(B) of the National Child Protection Act of 1993 (34 U.S.C. 40104(9)(B)) is amended--
(1) in clause (i)--
(A) by inserting ", contracts with," after "is employed by";
(B) by inserting ", contract with," after "be employed by"; and
(C) by striking "or" at the end;
(2) by redesignating clause (ii) as clause (iii);
(3) by inserting after clause (i) the following:
"(ii) is employed by or volunteers with, or seeks to be employed by or volunteer with, an entity that is under contract with a qualified entity;";
(4) in clause (iii), as so redesignated, by adding "or" at the end; and
(5) by adding at the end the following:
"(iv) is licensed or certified, or seeks to be licensed or certified, by a qualified entity;".
TITLE LXXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
SEC. 7801. REPORT ON MILITARY INSTALLATIONS AND OTHER
LOCATIONS IMPACTED BY CONFLICT WITH ISLAMIC
REPUBLIC OF IRAN.
(a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on military installations, forward operating bases, and cooperative security locations damaged or impacted during the conflict with the Islamic Republic of Iran.
(b) Elements.--The report submitted under subsection (a) shall include--
(1) for each location included in the report, a comprehensive cost estimate of the necessary repairs for such location; and
(2) a list of the critical munitions (by type), including the number of such munitions, expended during the conflict with the Islamic Republic of Iran.
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. Limitation on domestic activities at the National Counterterrorism Center. Sec. 305. Timely provision of security direction to intelligence community whistleblowers. Sec. 306. No police, subpoena, or law enforcement powers or internal security functions for Director of National Intelligence.
Text printed in the Record (6,378 characters)
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modification relating to security personnel at certain installations.
TITLE V--MATTERS RELATING TO OTHER ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Sec. 501. Authority of National Security Agency to correlate, evaluate, and disseminate certain intelligence. Sec. 502. Funds for foreign intelligence activities conducted with and by the National Reconnaissance Office. Sec. 503. Modification of annual report on Federal Bureau of Investigation case data. Sec. 504. Establishment of Office of Counterintelligence. Sec. 505. Role of National Security Agency in collection and analysis of signals intelligence.
Sec. 601. Amendments to presidential appointments for intelligence community positions. Sec. 602. Analytic standards for all-source intelligence products. Sec. 603. Ben Sasse Intelligence Community Technology Fellowship Program. Sec. 604. Countering hostile foreign cyber actors as a national intelligence priority. Sec. 605. Notification of criminal referrals regarding current or former intelligence community employees. Sec. 606. Modification of definitions in National Security Act of 1947 and scope of intelligence sharing responsibilities of Director of National Intelligence. Sec. 607. Prohibition on intelligence community use of adversary unmanned ground vehicles. Sec. 608. China-Taiwan Strategic Warning Task Force. Sec. 609. Limitations relating to Chinese products and services. Sec. 610. Biological intelligence activities of the intelligence community. Sec. 611. Prohibition on participation in prediction markets. Sec. 612. Repeal of certain report and briefing requirements. Sec. 613. Intelligence community personnel travel, allowances, and related expenses regulations. Sec. 614. Prohibition on sending and receiving objects using entities owned or controlled by persons or governments of certain countries. Sec. 615. Enhancing intelligence cooperation in the Indo-Pacific region. Sec. 616. Intelligence activities related to Ukraine. Sec. 617. Requirements relating to intelligence sharing with countries and partners of significant importance to the United States. Sec. 618. United States-Israel intelligence sharing enhancement.
TITLE VII--ARTIFICIAL INTELLIGENCE MATTERS RELATING TO THE INTELLIGENCE COMMUNITY
Sec. 701. Artificial intelligence exploitation guard and intelligence sharing. Sec. 702. Director of National Intelligence review of intelligence community use of artificial intelligence to support targeting. Sec. 703. Improvements for artificial intelligence policies, standards, and guidance for intelligence community. Sec. 704. Additional functions and requirements of Artificial Intelligence Security Center. Sec. 705. Reports on novel uses of artificial intelligence technology. Sec. 706. Clear labeling of artificial intelligence outputs for targeting workflows. Sec. 707. Research on use of artificial intelligence relating to inadvertent escalation. Sec. 708. Research on interaction of adversarial artificial intelligence systems with intelligence community systems. Sec. 709. Review of artificial intelligence security vulnerabilities under Vulnerabilities Equities Process. Sec. 710. Prohibition on certain artificial intelligence models on intelligence community systems.
Sec. 801. Modification to notification requirements for authorized and ordered departures. Sec. 802. Intelligence support to the U.S. International Development Finance Corporation. Sec. 803. Technical amendments.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term "congressional intelligence committees" has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term "intelligence community" has the meaning given such term in such section.
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
Text printed in the Record (184 characters)
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
Text printed in the Record (10,638 characters)
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. LIMITATION ON DOMESTIC ACTIVITIES AT THE NATIONAL
COUNTERTERRORISM CENTER.
(a) Domestic Counterterrorism Intelligence.--Subsection (e) of section 119 of the National Security Act of 1947 (50 U.S.C. 3056) is amended to read as follows:
"(e) Limitation on Domestic Activities.--The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in section 102A(b), receive and retain intelligence pertaining to domestic terrorism (as defined in section 2331 of title 18, United States Code) only as necessary to enable the Center to collect, retain, and disseminate intelligence pertaining to international terrorism (as defined in section 2331 of title 18, United States Code).".
SEC. 305. TIMELY PROVISION OF SECURITY DIRECTION TO
INTELLIGENCE COMMUNITY WHISTLEBLOWERS.
(a) Intelligence Community Employees.--Section 103H(k)(5)(D)(ii)(II) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(D)(ii)(II)) is amended by inserting ", unless the Director does not provide such direction not later than 7 calendar days after the date on which the employee furnishes the statement required by subclause (I)" after "practices".
(b) Central Intelligence Agency Employees.--Section 17(d)(5)(D)(ii)(II) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)(D)(ii)(II)) is amended by inserting ", unless the Director does not provide such direction not later than 7 calendar days after the date on which the employee furnishes the statement required by subclause (I)" after "practices".
SEC. 306. NO POLICE, SUBPOENA, OR LAW ENFORCEMENT POWERS OR
INTERNAL SECURITY FUNCTIONS FOR DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024) is amended by adding at the end the following:
"(z) No Police, Subpoena, or Law Enforcement Powers or Internal Security Functions.--The Director of National Intelligence shall have no police, subpoena, or law enforcement powers or internal security functions.".
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
SEC. 401. MODIFICATION RELATING TO SECURITY PERSONNEL AT
CERTAIN INSTALLATIONS.
Section 15(a)(1)(D) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3515(a)(1)(D)) is amended by inserting "or the National Reconnaissance Office" after "Office of the Director of National Intelligence".
TITLE V--MATTERS RELATING TO OTHER ELEMENTS OF THE INTELLIGENCE
COMMUNITY
SEC. 501. AUTHORITY OF NATIONAL SECURITY AGENCY TO CORRELATE,
EVALUATE, AND DISSEMINATE CERTAIN INTELLIGENCE.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.) is amended by adding at the end the following:
"SEC. 23. AUTHORITY TO CORRELATE, EVALUATE, AND DISSEMINATE
CERTAIN INTELLIGENCE.
"The Director of the National Security Agency may--
"(1) correlate and evaluate intelligence related to national security; and
"(2) disseminate such intelligence to legislative and executive branch customers as the Director considers appropriate.".
SEC. 502. FUNDS FOR FOREIGN INTELLIGENCE ACTIVITIES CONDUCTED
WITH AND BY THE NATIONAL RECONNAISSANCE OFFICE.
(a) In General.--Subchapter I of chapter 21 of title 10, United States Code, is amended by inserting after section 421 the following:
"Sec. 421a.
Text printed in the Record (6,421 characters)
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. 503. MODIFICATION OF ANNUAL REPORT ON FEDERAL BUREAU OF
INVESTIGATION CASE DATA.
Section 512A(b)(6) of the National Security Act of 1947 (50 U.S.C. 3111a(b)(6)) is amended by striking "country affiliation" and inserting "terrorist organization".
SEC. 504. ESTABLISHMENT OF OFFICE OF COUNTERINTELLIGENCE.
Section 311 of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking "; and" and inserting a semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2), the following new paragraph (3):
"(3) identify and mitigate counterintelligence threats to the Department of the Treasury; and"; and
(2) by adding at the end the following new subsection:
"(c) Office of Counterintelligence.--There is established, within the Office of Intelligence and Analysis, the Office of Counterintelligence, which shall be responsible for implementing the policies and procedures across the bureaus of the Department of the Treasury required to carry out the counterintelligence responsibilities described in subsection (a).".
SEC. 505. ROLE OF NATIONAL SECURITY AGENCY IN COLLECTION AND
ANALYSIS OF SIGNALS INTELLIGENCE.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.) is amended by adding at the end the following:
"SEC. 23. SIGNALS INTELLIGENCE.
"The Director of the National Security Agency shall--
"(1) provide overall direction for and coordination of the collection and analysis of signals intelligence by elements of the intelligence community authorized to undertake such collection and analysis; and
"(2) in coordination with other departments, agencies, and elements of the United States Government that are authorized to undertake such collection, ensure that--
"(A) the most effective use is made of resources; and
"(B) appropriate account is taken of the risks to the United States and those involved in such collection.".
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.
Text printed in the Record (11,042 characters)
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.
Text printed in the Record (11,235 characters)
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.
Text printed in the Record (11,439 characters)
CHINA-TAIWAN STRATEGIC WARNING TASK FORCE.
(a) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall establish a task force to be known as the China-Taiwan Strategic Warning Task Force (referred to in this section as the "Task Force") to lead the efforts of the intelligence community with respect to providing indications and warning of any military aggression by the People's Republic of China against Taiwan.
(b) Objectives.--The objectives of the Task Force are the following:
(1) The synchronization of all intelligence community efforts related to China-Taiwan indications and warning, including the generation of indicators and development of collection requirements related to such indicators.
(2) The coordination of analysis related to China-Taiwan indications and warning and the development of analytic methodologies for use across the intelligence community in conducting analysis related to China-Taiwan indications and warning.
(3) The development and implementation of information technology solutions to synchronize the access of the intelligence community to information relating to indications and warning.
(c) Membership.--The Task Force shall be composed of the following members (or their designees):
(1) The Director of National Intelligence.
(2) The Director of the Defense Intelligence Agency.
(3) The Director of the Central Intelligence Agency.
(4) The Director of the National-Geospatial Intelligence Agency.
(5) The Director of the National Security Agency.
(6) The Assistant Secretary of the Treasury for Intelligence and Analysis.
(7) The Assistant Secretary of State for Intelligence and Research.
(8) Such other heads of the elements of the intelligence community as the Director of National Intelligence determines appropriate.
(d) Leadership; Organization; Meetings.--
(1) Chair.--The Director of National Intelligence (or a designee of the Director) shall be the chair of the Task Force.
(2) Working groups.--The Task Force may create subordinate working groups as determined by the chair.
(3) Meeting frequency.--The Task Force shall meet regularly but not less than quarterly.
(e) Staffing.--
(1) In general.--The Task Force may hire staff and create joint duty assignments assigned to the Task Force. The Task Force may not exceed 25 full-time equivalent staff in total.
(2) Agency liaison.--Each member listed in subsection (b) shall appoint a senior intelligence officer from the agency concerned to serve as a liaison to the Task Force. Such liaison shall be responsible for coordinating the participation and support of the agency concerned to the Task Force.
(f) Initial Reports.--. Not later than 180 days after the date of the enactment of this Act, the Task Force shall submit to the congressional intelligence committees and the congressional defense committees a report on the status of the Task Force, including--
(1) a summary of the efforts of the intelligence community with respect to China-Taiwan indications and warning;
(2) a summary of efforts by the Task Force to develop a common set of indicators and organize collection efforts by the intelligence community against such indicators;
(3) a description of the resources provided by each Task Force member towards efforts with respect to China-Taiwan indications and warning, disaggregated by--
(A) dollars spent or planned to be spent during fiscal year 2027; and
(B) total full-time equivalent personnel; and
(4) recommendations to improve the collection and analysis of the intelligence community with respect to China-Taiwan indications and warning.
(g) Sunset.--The provisions of this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
SEC. 609. LIMITATIONS RELATING TO CHINESE PRODUCTS AND
SERVICES.
(a) Prohibition on Use by Intelligence Community.--
(1) In general.--Paragraph (1) of subsection (e) of section 6604 of the Intelligence Authorization Act for Fiscal Year 2026 (50 U.S.C. 3334m note; division F of Public Law 119-60) is amended to read as follows:
"(1) Covered application.--The term `covered application' means--
"(A) the DeepSeek application or any successor application or service; or
"(B) any product or service from any entity of the People's Republic of China that is included on--
"(i) the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce;
"(ii) the list (sometimes known as the `Non-SDN Chinese Military-Industrial Complex Companies List') maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People's Republic of China), or any successor order; or
"(iii) the list of Chinese military companies required under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116-283) and maintained by the Department of Defense.".
(2) Conforming amendment.--The heading for such section is amended by striking "deepseek" and inserting "products and services from people's republic of china".
(b) Limitation on Procurement by Intelligence Community.--Section 414 of the Intelligence Authorization Act for Fiscal Year 2022 (28 U.S.C. 532 note; division X of Public Law 117-103) is amended--
(1) in the section heading, by striking "by federal bureau of investigation";
(2) in subsection (a)--
(A) in the matter before paragraph (1), by striking "Director of the Federal Bureau of Investigation" and inserting "head of an element of the intelligence community";
(B) in paragraph (1), by striking "Federal Bureau of Investigation" and inserting "element"; and
(C) in paragraph (3), by striking "Director (or a designee of the Director)" and inserting "head";
(3) in subsection (b), by striking "the Director (or a designee of the Director, as applicable) approves a recommendation pursuant to subsection (a)(3), the Director shall" and inserting "the head of an element of the intelligence community approves a recommendation pursuant to subsection (a)(3), the head shall";
(4) in subsection (c), by amending paragraph (2) to read as follows:
"(2) People's republic of china product or service.--The term `People's Republic of China product or service' means--
"(A) an information or communication technology product manufactured in China, Hong Kong, or Macau and designed, developed, or maintained by a firm that is domiciled in China, Hong Kong, or Macau; or
"(B) an information or communication technology product or service provided or manufactured by--
"(i) an entity that is fully or partially owned or controlled by, or otherwise connected to, the government of China; or
"(ii) an entity included on the list submitted by the Director of National Intelligence under section 6706(c) of the Intelligence Authorization Act for Fiscal Year 2026 (division F of Public Law 119-60; 139 Stat. 1648).".
SEC. 610. BIOLOGICAL INTELLIGENCE ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by adding at the end the following:
"SEC. 124. BIOLOGICAL INTELLIGENCE ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
"(a) Definitions.--In this section:
"(1) Biological data.--The term `biological data' means multiomic information and other relevant information, including associated descriptors, derived from the structure, function, or process of a biological system, that is measured, collected, or aggregated for analysis, including information from humans, animals, plants, or microbes.
"(2) Biological intelligence.--The term `biological intelligence' includes the information collected or disseminated by the intelligence community concerning biological threats through genomic surveillance, immunological monitoring, environmental sampling, multiomic analysis, and other scientific methodologies.
"(3) Biological threat.--The term `biological threat' includes any naturally occurring infectious disease, engineered pathogen, toxin, or other biological agent that poses a risk to human, animal, or plant health or to the national security of the United States.
"(b) Determination; Dissemination.--The Director of National Intelligence, in such coordination with the Secretary of Defense as the Director considers appropriate, shall, consistent with applicable Federal law and Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities)--
"(1) determine which United States agencies would benefit from receiving anonymized biological data and biological intelligence in support of detection, characterization, and attribution of foreign biological threats; and
"(2) disseminate such anonymized biological data and biological intelligence to agencies identified under paragraph (1).
"(c) Standards; Databases.--Not later than 1 year after the date of the enactment of this section, the Director of National Intelligence shall, in such coordination with the Secretary of Defense as the Director considers appropriate and in consultation with the Director of the National Institute of Standards and Technology--
"(1) ensure standards for the collection and data formats of anonymized biological data and biological intelligence are, to the extent possible, consistent with standards used by other United States agencies, including by--
"(A) providing for standardized data categorization and tagging of biological data;
"(B) considering standardized scientific and laboratory equipment and data collection methodologies; and
"(C) minimizing collection of any biological data that is likely to contain biological or genomic information specific to any United States person, including any derived data that is specific to any United States person; and
"(2) facilitate the establishment and maintenance of streamlined and unified accesses to databases of biological intelligence collected by the intelligence community or the Department of Defense.
"(d) Priority.--In carrying out subsections (b) and (c), the Director of National Intelligence shall prioritize supporting capabilities, including the development of technical tools, that enable the early detection, characterization, and attribution of naturally occurring, novel, or engineered pathogens that could threaten the United States.
"(e) Rule of Construction.--Unless otherwise authorized by any other provision of law, nothing in this section shall be construed to allow the sharing or dissemination of anonymized biological data derived from law enforcement actions, or to allow such law enforcement data to be maintained or shared through databases covered in paragraph (c)(2), unless such biological data solely relates to a biological threat as defined by (a)(3).".
(b) Clerical Amendment.--The table of contents of such Act is amended by inserting
after the item relating to section 123 the following:
"Sec. 124. Biological intelligence activities of the intelligence community.".
SEC. 611. PROHIBITION ON PARTICIPATION IN PREDICTION MARKETS.
(a) In General.--Title III of the National Security Act of 1947 (50 U.S.C. 3071 et seq.) is amended by inserting after section 304 the following:
"SEC. 304A.
Text printed in the Record (10,111 characters)
PROHIBITION ON PARTICIPATION IN PREDICTION
MARKETS.
"(a) In General.--Except as may be necessary to conduct authorized intelligence activities, a covered individual may not participate in a prediction market on any topic relating to nonpublic information to which the covered individual has access by virtue of being a covered individual, during--
"(1) the period during which the covered individual is employed or contracted by an element of the intelligence community; or
"(2) the two-year period beginning on the date on which the covered individual ceases to be employed or contracted by such an element.
"(b) Policy.--Not later than 45 days after the date of the enactment of this section, the Director of National Intelligence shall issue a policy implementing the prohibition in subsection (a), including--
"(1) establishing appropriate penalties for violating the prohibition; and
"(2) providing notice to all covered individuals.
"(c) Definitions.--In this section:
"(1) Covered individual.--The term `covered individual' means an employee or contractor, or a former employee or contractor, of an element of the intelligence community who holds a security clearance.
"(2) Prediction market.--The term `prediction market' means a platform, company, or service that allows agreements, contracts, transactions, or swaps between users over the outcome of non-financial future events, such as sports, military actions, and elections.".
(b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 304 the following:
"Sec. 304A. Prohibition on participation in prediction markets.".
SEC. 612. REPEAL OF CERTAIN REPORT AND BRIEFING REQUIREMENTS.
(a) Oversight of Foreign Influence in Academia.--Section 5713 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3369b) is repealed.
(b) Report on Efforts to Illicitly Acquire Satellites and Related Items.--Section 1261 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 2778 note; Public Law 112-239) is amended by striking subsection (e).
(c) Monitoring Mineral Investments Under Belt and Road Initiative of the People's Republic of China.--Section 7003 of the Energy Act of 2020 (50 U.S.C. 3372) is amended by striking subsection (d).
(d) Briefing on Protocols for Certain Intelligence Community Employees and Dependents.--Section 605(g) of the Intelligence Authorization Act for Fiscal Year 2022 (50 U.S.C. 3334k(g)) is amended by striking paragraph (3).
(e) Periodic Report on Positions in the Intelligence Community That Can Be Conducted Without Access to Classified Information, Networks, or Facilities.--Section 6610 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352e) is repealed.
(f) Review of Shared Information Technology Services for Personnel Vetting.--Section 7701 of the Intelligence Authorization Act for Fiscal Year 2024 (division G of Public Law 118-31; 137 Stat. 1100) is repealed.
(g) Supply Chain and Counterintelligence Risk Management Task Force.--Section 6306 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3370) is amended by striking subsection (e).
(h) Report on Best Practices to Protect Privacy, Civil Liberties, and Civil Rights of Chinese Americans.--Section 620 of the Intelligence Authorization Act for Fiscal Year 2021 (50 U.S.C. 3240) is repealed.
(i) Enforcement of Cybersecurity Requirements for National Security Systems; Report on Exemptions.--Section 6309(f) of the Intelligence Authorization Act for Fiscal Year 2023 (44 U.S.C. 3557 note; division F of Public Law 117-263) is amended by striking paragraph (3).
(j) Report on Collaboration Between Intelligence Community and Department of Commerce to Counter Foreign Commercial Threats.--Section 6514(b) of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3370b(b)) is amended by striking paragraph (6).
(k) Timeliness Standard for Rendering Determinations of Trust for Personnel Vetting; Reviews.--Section 7702(a) of the Intelligence Authorization Act for Fiscal Year 2024 (50 U.S.C. 3352h(a)) is amended by striking paragraph (2).
(l) Briefings on Status of Intelligence Community Innovation Unit.--Subsections (c) and (d) of section 7502 of the Intelligence Authorization Act for Fiscal Year 2024 (Public Law 118-31; 137 Stat. 1082) are repealed.
(m) Annual Training Requirement and Report Regarding Analytic Standards.--Section 6312 of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3364 note; Public Law 117-263) is amended--
(1) by striking subsections (c) and (d); and
(2) by redesignating subsections (e) and (f) as subsections (c) and (d), respectively.
(n) Annual Reports Regarding Intelligence Community Public-private Talent Exchanges.--Section 6506 of the Intelligence Authorization Act for Fiscal Year 2025 (Public Law 118-159; 138 Stat. 2497) is amended by striking subsection (e).
(o) Software Licensing.--Section 109 of the National Security Act of 1947 (50 U.S.C. 3044) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(p) Review and Update of Position Designation Guidance.--Section 7 of the SECRET Act of 2018 (Public Law 115-173; 132 Stat. 1294) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(q) Report on Independent Study on Economic Impact of Military Invasion of Taiwan by People's Republic of China.--Section 7407 of the Intelligence Authorization Act for Fiscal year 2024 (Public Law 118-31; 137 Stat. 1075) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 613. INTELLIGENCE COMMUNITY PERSONNEL TRAVEL,
ALLOWANCES, AND RELATED EXPENSES REGULATIONS.
(a) Central Intelligence Agency.--Section 4 of the Central Intelligence Act of 1949 (50 U.S.C. 3505) is amended by adding at the end the following new subsection:
"(c) Biennial Reviews and Reports.--Not later than September 30, 2027, and not less frequently than once every 2 years thereafter, the Director shall--
"(1) review the regulations covered by this section; and
"(2) not later than 10 days after completing a review under paragraph (1), submit to the congressional intelligence committees the findings of the Director with respect to the review, including identification of any changes to the regulations or personnel coverage thereof that the Director determines to be necessary for the performance of intelligence functions.".
(b) Office of Director of National Intelligence.--Section 102A of the National Security Act of 1947 (50 U.S.C. 3024) is amended by adding at the end the following new subsection:
"(z) Biennial Reviews and Reports Regarding Intelligence Community Personnel Travel, Allowances, and Related Expenses Regulations.--Not later than September 30, 2027, and not less frequently than once every 2 years thereafter, in order to reflect the requirements of the Office of the Director of National Intelligence not taken into account in the formulation of Government-wide travel procedures covered by this section, the Director shall--
"(1) review such requirements; and
"(2) not later than 10 days after completing a review under paragraph (1), submit to the congressional intelligence committees the findings of the Director with respect to the review, including any regulations that the Director determines to be necessary for the performance of intelligence functions.".
SEC. 614. PROHIBITION ON SENDING AND RECEIVING OBJECTS USING
ENTITIES OWNED OR CONTROLLED BY PERSONS OR
GOVERNMENTS OF CERTAIN COUNTRIES.
(a) Definition of Covered Nation.--In this section, the term "covered nation" has the meaning given such term in section 4872(f) of title 10, United States Code.
(b) In General.--
(1) List required.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, shall develop a list of products, intellectual property, technology, and any other objects that the Directors determine--
(A) affect the national security of the United States; and
(B) if acquired by a covered nation, would pose a threat to the national security of the United States.
(2) Form.--The list required by paragraph (1) may be in classified form.
(c) Prohibition.--Except as provided in subsection (d), no element of the intelligence community may send or receive any product, intellectual property, technology, or other object as identified pursuant to subsection (b) within the United States using an entity, including any shipping company, that is owned or substantially controlled by a person or a governmental entity domiciled in a covered nation.
(d) Waiver.--The head of an element of the intelligence community--
(1) may waive the prohibition in subsection (c) for the element on a case by case basis if the head determines that in the particular case, sending or receiving any product, intellectual property, technology, or other object by an entity identified pursuant to subsection (b) is necessary for the national security of the United States; and
(2) not later than 3 days after issuing such waiver, shall notify the Director of National Intelligence of the waiver.
(e) Notification.--Not later than 30 days after the head of an element of the intelligence community issues a waiver described in subsection (d), such head shall submit to the congressional intelligence committees a
written notice of the waiver, which shall include--
(1) a justification for the waiver, including the product, intellectual property, technology, or other object subject to the waiver; and
(2) a description of the national security threat mitigation measures implemented for permitting the activity that otherwise would be prohibited under subsection (c).
SEC. 615.
Text printed in the Record (11,994 characters)
ENHANCING INTELLIGENCE COOPERATION IN THE INDO-
PACIFIC REGION.
(a) Definition of Intelligence Cooperation.--In this section, the term "intelligence cooperation" means activities authorized under the provisions of law administered by the heads of the elements of the intelligence community, including the collection, analysis, production, and dissemination of information, intelligence, and imagery.
(b) Statement of Policy.--It is the policy of the United States to consider intelligence cooperation with allies and partners of the United States in the Indo-Pacific region a priority national security investment that will help deter aggression, reinforce regional stability, and reduce the risk of miscalculation, all of which will advance the national security and economic prosperity of the United States by helping to ensure a free and open Indo-Pacific region.
(c) Requirements.--
(1) In general.--The Director of National Intelligence shall, acting in close coordination with such heads of elements of the intelligence community as the Director considers relevant and the members of the Five Eyes intelligence-sharing alliance, undertake efforts to bolster and improve--
(A) the intelligence foundations of alliances between the United States and Australia, Japan, New Zealand, the Philippines, the Republic of Korea, and Thailand; and
(B) intelligence cooperation between the United States and other regional partners, such as India and Vietnam.
(2) Priority areas for enhanced cooperation.--Efforts undertaken pursuant to paragraph (1) shall include efforts--
(A) to address the speed and complexity of potential strategic and operational contingencies in the Indo-Pacific region, including any scenarios involving adversarial efforts to limit the freedom of navigation through critical maritime chokepoints threaten supply chain security;
(B) relatedly, to ensure shared situational awareness across the full spectrum of potential contingencies, including military indications and warnings;
(C) to enhance maritime, air, and space domain awareness, with the goal of providing decision advantage;
(D) to inform collective defense planning and response by further integrating intelligence cooperation into joint and combined operational planning activities, exercises, and wargames focused on regional contingencies, including the Rim of the Pacific;
(E) to encourage intelligence cooperation with Taiwan, consistent with United States law and policy; and
(F) to promote multilateral intelligence sharing and collaboration among allies and partners of the United States, such as through the United States-Japan-Republic of Korea trilateral mechanism and the United States-Japan-Philippines trilateral mechanism.
SEC. 616. INTELLIGENCE ACTIVITIES RELATED TO UKRAINE.
(a) Statement of Policy.--
(1) In general.--Section 3 of the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 (22 U.S.C. 8902) is amended--
(A) in paragraph (16), by striking "; and" and inserting a semicolon;
(B) in paragraph (17), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(18) to assist Ukraine in maintaining a credible defense and deterrence capability, including through the provision of intelligence support, as a means of advancing the national security of the United States, regional stability, and the protection of United States interests in Europe.".
(2) Definition.--Section 2 of such Act (22 U.S.C. 8901) is amended--
(A) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (2) the following:
"(3) Credible defense and deterrence capability.--The term `credible defense and deterrence capability' means the ability to defend against and deter any credible conventional military threat from the Russian Federation acting unilaterally or in concert with partners, through the use of conventional military means, possessed in sufficient quantity, including weapons platforms and munitions, and command, control, communication, intelligence, surveillance, and reconnaissance capabilities.
"(4) Intelligence support.--The term `intelligence support' means activities authorized under the provisions of law governing the heads of the elements of the intelligence community, including the collection, analysis, production, and dissemination of information, intelligence, and imagery.".
(b) Requirement Relating to Intelligence Support Absent an Armistice or Comprehensive Political Settlement.--Until Ukraine and the Russian Federation voluntarily and freely enter into an armistice or comprehensive political settlement of the conflict, the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, the Director of the Defense Intelligence Agency, and the heads of any other relevant element of the intelligence community, shall continue to ensure the provision of intelligence support to the Government of Ukraine for purposes of advancing United States policy goals in Ukraine.
(c) Pauses in Intelligence Support.--
(1) In general.--Intelligence support to Ukraine required under this section shall not be suspended or limited unless the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency and the Director of the Defense Intelligence Agency, identifies a specific and identifiable national security concern.
(2) Notification.--Not later than 15 days after making the decision to pause, terminate, restrict, or otherwise materially downgrade intelligence support to Ukraine, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, shall submit to the congressional intelligence committees a notification that includes--
(A) a detailed description of the reason for the pause, termination, restriction, or material downgrade of intelligence support;
(B) the expected duration of the pause, termination, restriction, or material downgrade; and
(C) the anticipated impact of such decision on the ability of Ukraine to conduct effective military operations.
(3) Form.--A notification submitted under paragraph (2) shall be in unclassified form, but may include an classified annex.
(d) Requirement Relating to Intelligence Support in the Event of Armistice or Comprehensive Political Settlement.--
(1) In general.--If Ukraine and the Russian Federation voluntarily and freely enter into an armistice or a comprehensive political settlement, the Director of National Intelligence, in coordination with the heads of the other relevant elements of the intelligence community, shall adjust the intelligence support to Ukraine to support implementation of the armistice or the comprehensive political settlement and, consistent with the national security interests of the United States, support building and sustaining the capacity of Ukraine to detect, deter, and repel any future Russian attack against the territory of Ukraine.
(2) Report on modifications to united states intelligence support.--Not later than 30 days after an armistice or a comprehensive political settlement is entered into force, the Director of the Central Intelligence Agency, in coordination with the heads of the other relevant elements of the intelligence community, including the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency, shall submit to the congressional intelligence committees a report that includes--
(A) a description of the details of the armistice or the comprehensive political settlement of the conflict in Ukraine, including a description of the role of the intelligence community in monitoring the adherence by the parties to specific elements of the agreement;
(B) an assessment of the vulnerabilities that Ukraine will face under the terms of the agreement and potential measures that the intelligence community or other parties could take to help mitigate such vulnerabilities;
(C) a description of the modifications to ongoing intelligence support the Director of the Central Intelligence Agency has authorized in light of the changed situation on the ground in Ukraine in order to help build and sustain the capacity of Ukraine to detect, deter, and repel any future Russian attack against the territory of Ukraine;
(D) an assessment of the implications of the armistice or comprehensive political settlement for the national security interests of the United States in Europe, including the capacity of the United States and the North Atlantic Treaty Organization to deter future aggression by the Russian Federation; and
(E) a description and assessment of any cooperative arrangements that Ukraine has with other countries, including member countries of the North Atlantic Treaty Organization, that the intelligence community assesses would contribute to deterring a future attack or act of aggression by the Russian Federation aimed at occupying or seizing the territory of Ukraine.
(3) Form.--The report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.
(4) Early warning.--The Director of National Intelligence, in coordination with the heads of any other relevant elements of the intelligence community, shall provide to Ukraine and member countries of the North Atlantic Treaty Organization intelligence and early warning to allow for an appropriate and timely response with respect to any potential attack or act of aggression against Ukraine by the Russian Federation.
(5) Notification.--
(A) In general.--The Director of National Intelligence shall promptly notify each Member of the congressional intelligence committees not later than 5 days after any intelligence element provides Ukraine any intelligence pursuant to paragraph (4).
(B) Contents.--A notification submitted pursuant to subparagraph (A) shall include--
(i) a description of the specific threatened attack or act of aggression shared with Ukraine;
(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
Text printed in the Record (11,133 characters)
Ukraine that are intended, or reasonably expected, to help the Armed Forces of Ukraine defend or liberate the territory of Ukraine and prevent such territory of Ukraine from being occupied or attacked by the Russian Federation.
(2) Notification.--
(A) In general.--The Director of National Intelligence shall promptly notify the congressional intelligence committees not later than 5 days after resuming intelligence support pursuant to paragraph (1).
(B) Contents.--A notification submitted pursuant to subparagraph (A) shall include--
(i) a description of the specific attack or act of aggression against Ukraine;
(ii) a description of any intelligence support that Ukraine requested from the United States;
(iii) an assessment of the support that Ukraine might require in order to deter or repel the attack or act of aggression;
(iv) a description of any intelligence support that the Director has authorized to be provided to Ukraine; and
(v) a description of the response of the Government of Ukraine upon receiving the intelligence support.
(C) Form.--A notification submitted pursuant to subparagraph (A) shall be in unclassified form, but may include a classified annex.
(3) Sunset.--
(A) In general.--The provision of intelligence support for Ukraine under this subsection shall cease on the date that is 120 days after the date on which the Government of Ukraine and the Government of the Russian Federation agree to reinstate the armistice or comprehensive political settlement that was violated or a new armistice or comprehensive political settlement is entered into force.
(B) Recommencement.--Upon the cessation of the provision of intelligence support under subparagraph (A), the Director of the Central Intelligence Agency, in coordination with the heads of any other relevant elements of the intelligence community, shall resume the provision of intelligence support to Ukraine pursuant to subsection (d).
(f) Definitions.--In this section:
(1) Armistice; comprehensive political settlement.--The terms "armistice" and "comprehensive political settlement" mean a formal written agreement between the Government of Ukraine and the Government of the Russian Federation that has the effect of permanently ending the armed conflict between both nations.
(2) Intelligence support.--The term "intelligence support" means activities authorized under the provisions of law governing the heads of the elements of the intelligence community, including the collection, analysis, production, and dissemination of information, intelligence, and imagery.
(3) Specific and identifiable national security concern.--The term "specific and identifiable national security concern" includes the following:
(A) Credible intelligence that an element of the Government of Ukraine has been compromised by the Russian Federation or another foreign adversary.
(B) Protection of sources and methods.
(C) A voluntary request from the Government of Ukraine to pause intelligence support.
(D) Credible intelligence that an element of the Government of Ukraine receiving United States intelligence support engaged in a pattern of human rights violations, atrocities, or violations of the law of armed conflict.
(4) Territory of ukraine.--The term "territory of Ukraine" means all territory internationally recognized to be the sovereign territory of Ukraine on February 19, 2014, including Crimea and the territory that the Russian Federation claims to have annexed in Kherson and Zaporizhzia.
SEC. 617. REQUIREMENTS RELATING TO INTELLIGENCE SHARING WITH
COUNTRIES AND PARTNERS OF SIGNIFICANT
IMPORTANCE TO THE UNITED STATES.
Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 3024(j)) is amended--
(1) by striking "Under the direction" and inserting the following:
"(1) In general.--Under the direction"; and
(2) by adding at the end the following:
"(2) Notification required.--
"(A) In general.--Not later than 48 hours after a decision to pause, terminate, or otherwise restrict or materially downgrade intelligence support or intelligence activities (as defined in section 501(f)), including information, intelligence, and imagery collection authorized under Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities), to Israel, Ukraine, Taiwan, or any other country or partner determined by the President to be of significant importance to the United States, the Director of National Intelligence shall submit to the congressional intelligence committees a notification of such decision.
"(B) Elements.--The notification required in subsection (a) shall include--
"(i) a detailed description of the reason for the pause, termination, restriction, or material downgrade of intelligence support;
"(ii) a description of the change in intelligence sharing;
"(iii) the categories of information affected;
"(iv) the expected duration of the pause, termination, restriction, or material downgrade; and
"(v) the anticipated impact of such decision on regional security and the national security objectives of the United States.".
SEC. 618. UNITED STATES-ISRAEL INTELLIGENCE SHARING
ENHANCEMENT.
(a) Statement of Policy.--It is the policy of the United States--
(1) to maintain and strengthen the strategic security partnership with Israel as a means of advancing the national defense of the United States, regional stability, and the protection of United States personnel and interests in the Middle East;
(2) to enhance intelligence collaboration through robust intelligence sharing and analytic partnership with Israel to counter terrorism, proliferation networks, cyber threats, state and nonstate aggressors, terror financing, sanctions evasion, and other transnational security challenges that threaten both Israel and the United States;
(3) to deter and counter destabilizing activities by the Government of Iran and Iran-aligned state and nonstate actors that threaten Israel, United States forces, and regional partners;
(4) to ensure that security assistance and defense cooperation are structured to help Israel maintain its qualitative military edge, consistent with United States law and broader regional security considerations;
(5) to encourage and support the expansion of regional security architectures that include Israel and willing regional partners, with a focus on integrated air and missile defense, maritime security, early warning systems, and intelligence-sharing frameworks; and
(6) to leverage security coordination with Israel to enhance force protection, early warning, and crisis response capabilities for United States military and diplomatic personnel in the region.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Israel remains a critical United States security partner whose defense and intelligence capabilities provide a strategic advantage that contributes to enhanced operational effectiveness and technological superiority;
(2) timely and actionable intelligence sharing between the United States and Israel has saved United States personnel and property in the region and should remain a central pillar of the bilateral security relationship;
(3) the evolving threat environment in the Middle East--including missile proliferation, unmanned systems, cyber operations, terror financing, and proxy warfare--requires sustained and adaptive cooperation between the United States and Israel;
(4) the United States-Israel security partnership has historically benefitted from bipartisan support, which strengthens the partnership's credibility, durability, and deterrent value; and
(5) expanding normalization and practical security cooperation between Israel and regional states can serve as a force multiplier for collective deterrence and integrated defense.
(c) Requirements Relating to Intelligence Sharing.--
(1) In general.--Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end the following:
"SEC. 1115. REQUIREMENTS RELATING TO INTELLIGENCE SHARING.
"(a) Intelligence Sharing With Israel.--
"(1) In general.--The President, acting through the Director of National Intelligence and, as necessary, the Secretary of Defense, shall, subject to applicable law and
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.
Text printed in the Record (10,867 characters)
2735a(k)) in order to strengthen regional security integration.
"(2) Priority areas.--In carrying out paragraph (1), the President shall prioritize the sharing of appropriate intelligence and information relating to--
"(A) counterterrorism threats and networks, including state and nonstate aggressors, and terror financing;
"(B) cybersecurity threats, vulnerabilities, and defensive best practices;
"(C) air and missile defense early warning and threat tracking;
"(D) geospatial, overhead, and other imaging intelligence relevant to shared security concerns; and
"(E) maritime security threats, including threats to freedom of navigation, commercial shipping, sanctions evasion, and regional maritime stability.
"(3) Safeguards.--
"(A) Adoption of guidelines.--The Director of National Intelligence, in coordination with the Secretary of Defense, shall adopt guidelines for intelligence sharing and analytic cooperation carried out under this subsection that ensure appropriate safeguards--
"(i) to protect intelligence sources and methods; and
"(ii) to ensure that recipients maintain adequate security protections consistent with United States requirements.
"(B) Restrictions on access.--If the Director of National Intelligence determines that a recipient of intelligence sharing or analytic cooperation carried out under this subsection has any intelligence, defense, or technological information sharing relationship with an adversarial nation, the Director shall restrict all access of such recipient to such intelligence sharing and analytic cooperation.
"(c) Report Required.--
"(1) In general.--Not later than 180 days after the date of the enactment of this section, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report on the status of United States intelligence sharing with the Government Israel and, as appropriate, regional partners.
"(2) Matters to be included.--Each report required by paragraph (1) shall include, to the extent consistent with the protection of intelligence sources and methods, the following:
"(A) A description of the categories of intelligence and security information shared by the United States Government with the Government of Israel.
"(B) An assessment of progress toward seamlessly integrating Israel into regional air and missile defense and early warning architectures with partner countries, including those that have normalized relations with Israel pursuant to the Abraham Accords.
"(C) A description of how such intelligence sharing has contributed, if at all, to--
"(i) improved detection, tracking, warning, interception, or deterrence of aerial threats, including missiles and unmanned systems, for Israel, United States forces, or regional partners; and
"(ii) the overall stability and coordination of security in the region.
"(D) An assessment of progress in improving interoperability among technology networks of the United States, Israel, and partner countries.
"(E) A description of efforts to secure technology networks and data from cyber threats and unauthorized access.
"(F) An identification of any legal, policy, technical, counterintelligence, or security barriers limiting deeper intelligence integration, including risks to intelligence sources and methods.
"(G) A summary of any significant increases or reductions in intelligence sharing during the reporting period and the national security rationale for such changes.
"(3) Form.--Each report required by paragraph (1) report shall be submitted in unclassified form but may include a classified annex.
"(4) Appropriate congressional committees defined.--In this subsection, the term `appropriate congressional committees' means--
"(A) the congressional intelligence committees; and
"(B) to the extent Department of Defense information is implicated, the congressional defense committees (as defined in section 101(a) of title 10, United States Code).".
(2) Clerical amendment.--The table of contents for such Act is amended by adding at the end the following:
"Sec. 1115. Requirements relating to intelligence sharing.".
TITLE VII--ARTIFICIAL INTELLIGENCE MATTERS RELATING TO THE INTELLIGENCE COMMUNITY
SEC. 701. ARTIFICIAL INTELLIGENCE EXPLOITATION GUARD AND
INTELLIGENCE SHARING.
(a) Definitions.--In this section:
(1) Artificial intelligence model.--The term "artificial intelligence model" means a capability or series of capabilities combined that can, for a given set of objectives, generate outputs such as predictions, recommendations, or decisions without human intervention or input.
(2) Center.--The term "Center" means the Artificial Intelligence Security Center of the National Security Agency.
(3) Classified information.--The term "classified information" has the meaning given such term in section 805 of the National Security Act of 1947 ( 50 U.S.C. 3164).
(4) Cleared industry personnel.--The term "cleared industry personnel" means employees or representatives of a covered person who hold an appropriate security clearance and have a demonstrated need to know.
(5) Congressional intelligence committees.--The term "congressional intelligence committees" has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003).
(6) Covered person.--The term "covered person" means a non-Federal person who--
(A) is a United States citizen;
(B) develops, deploys, or operates artificial intelligence models or critical enabling infrastructure; and
(C) provides the services described in subparagraph (B) to an element of the intelligence community or Department of Defense.
(7) Director.--The term "Director" means the Director of the National Security Agency.
(8) Intelligence.--The term "intelligence" has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003).
(9) Intelligence community.--The term "intelligence community" has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003).
(10) Security clearance.--The term "security clearance" means an authorization to access classified information.
(11) Threat information.--The term "threat information" means information on--
(A) efforts by foreign adversary countries to use products or research of covered persons or other entities or individuals to generate synthetic media for foreign-directed influence campaigns, develop and manage computer network exploitation campaigns, design or develop weapons systems, or enhance surveillance capabilities in ways that undermine the privacy or threaten the security of citizens of the United States;
(B) threats posed by foreign adversary countries, including indications of compromise to networks associated with covered persons and other entities and individuals, or other technical indicators, indicating a compromise to the confidentiality, integrity, or availability of an artificial intelligence system, or to the supply chain of an artificial intelligence system, including training or
test data, frameworks or software libraries, training or inference computing environments, or other components necessary for the training, management, or maintenance of an artificial intelligence system;
(C) activity of foreign entities of concern to clandestinely, fraudulently, or otherwise maliciously access the systems of covered persons for purposes of illicit technology transfer or otherwise gaining unfair economic advantage, including through techniques to extract a model's technical capabilities to replicate, develop, or improve a foreign artificial intelligence model without authorization by the covered person;
(D) activity of foreign entities of concern to sabotage or otherwise clandestinely degrade artificial intelligence systems or the supply chain of an artificial intelligence system, including training or test data, frameworks or software libraries, training or inference computing environments, or other components necessary for the training, management, or maintenance of an artificial intelligence system; and
(E) observations, emerging concerns, or other inputs from vendors or researchers regarding relevant malicious or clandestine activity of foreign entities of concern toward an artificial intelligence system, its supply chain, or other necessary components.
(12) United states person.--The term "United States person" has the meaning given that term in section 105A(c) of the National Security Act of 1947 (50 U.S.C. 3039(c)).
(b) Establishment of Pilot Program on Sharing of Intelligence and Threat Information With Covered Persons.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director shall, acting through the Center, establish a pilot program to assess the feasibility and advisability of facilitating the secure sharing with covered persons of intelligence and threat information germane to the exploitation of access to United States artificial intelligence systems and enabling infrastructure to engage in intelligence collection, intellectual property theft, and other malicious activities.
(2) Participation.--The Director may not select covered persons to participate in the pilot in a manner that provides a competitive advantage or procurement preference to any covered person, to the detriment of another covered person.
(3) Duration.--The Director shall carry out the pilot program established pursuant to paragraph (1) during the 3-year period beginning on the date of the establishment of the pilot program.
(c) Participation Requirements.--
(1) Criteria.--The Director shall establish criteria governing engagement with covered persons under the pilot program required by subsection (b), which may include criteria relating to the following:
(A) Relevance to national security.
(B) The ability to protect classified or sensitive intelligence information.
(C) Cybersecurity and information security maturity.
(D) Agreement to comply with intelligence handling, use, and nondisclosure requirements.
(E) The availability of cleared personnel of covered persons or willingness of covered persons to increase the number of cleared personnel.
(2) Nature of participation.--Participation in the pilot program shall not be construed as a certification, endorsement, or regulatory approval by the United States Government of any artificial intelligence system or commercial activity and the Director may not exclude a covered person from participating on the basis of political or ideological viewpoints of the covered person or its employees.
(3) Process for requesting participation.--The Director shall, acting through the Center, establish and make available to covered persons a process by which such covered person may request access to participate in the pilot program required by subsection (b).
Text printed in the Record (11,245 characters)
Such process shall include --
(A) submission by a covered person of a formal request to participate in the pilot program;
(B) evaluation of each such request against, at minimum, the criteria established under paragraph (1); and
(C) timely notification to the covered person who requested access of the status of their request and, in the case of denial, an explanation of the reason for denial.
(d) Intelligence Sharing Structure.--
(1) Authorized modes.--Under the pilot program required by subsection (b), the Director may, acting through the Center, authorize the sharing of intelligence and threat information as described in paragraph (1) of such subsection through--
(A) bilateral exchanges between elements of the intelligence community and a covered person;
(B) multilateral exchanges among covered persons, as determined appropriate by the Director; or
(C) another designated intelligence-sharing mechanism operated or overseen by the Director.
(2) Limitation.--Any mechanism established under this section shall be limited to the dissemination of intelligence and threat information and shall not establish standards, requirements, or best practices governing artificial intelligence development or deployment.
(e) Tailoring, Handling, and Protection of Intelligence.--
(1) Procedures required.--The Director shall, acting through the Center, codify procedures to tailor, sanitize, or downgrade the classification level of intelligence shared under the pilot program required by subsection (b) to ensure usability while protecting intelligence sources and methods.
(2) Examples of procedures.--The procedures developed under paragraph (1) may include the following:
(A) The use of tear lines and segregable summaries.
(B) The preparation of classified annexes where necessary.
(C) Criteria governing the classification level of shared intelligence.
(D) The appropriate use of cleared industry personnel.
(3) Handling requirements.--The Director shall, acting through the Center, codify policies governing the handling, storage, and dissemination of intelligence shared under the pilot program required by subsection (b), including audit and compliance mechanisms.
(f) Permissible Use and Nondisclosure.--
(1) Permissible use.--Intelligence shared under the pilot program required by subsection (b) may be used solely for detecting, preventing, or mitigating malicious foreign activity exploiting access to United States artificial intelligence systems and enabling infrastructure to engage in intelligence collection, intellectual property theft, and other malicious activities.
(2) Nondisclosure.--A covered person may not disclose to any person who is not a covered person or an element of the intelligence community any intelligence shared with the covered person under the pilot program required by subsection (b), except as expressly authorized by the Director acting through the Center.
(g) Privacy and Civil Liberties.--In planning and coordinating the pilot program required by subsection (b), the Director shall, acting through the Center, coordinate with the Civil Liberties Protection Officer of the Office of the Director of National Intelligence to produce guidance relating to privacy and civil liberties which shall govern the receipt, retention, use, and dissemination of threat information containing personal information of United States persons.
(h) Evaluation and Reporting.--
(1) Evaluation.--The Director shall, acting through the Center, continuously evaluate the effectiveness and risks of the pilot program established under subsection (b).
(2) Report.--
(A) In general.--Not later than 90 days before the date on which the pilot program required by paragraph (1) of subsection (b) terminates pursuant to paragraph (2) of such subsection, the Director shall, acting through the Center, submit to the congressional intelligence committees a report covering--
(i) the effectiveness of intelligence sharing under the pilot program;
(ii) the adequacy of safeguards for sources, methods, privacy, and civil liberties and any recommendations to mitigate harms;
(iii) the scope of participation;
(iv) a list of covered persons granted access to the pilot program;
(v) a list of each covered person that requested access and was denied, including a justification for each such denial; and
(vi) whether the pilot program should be modified, extended, or terminated.
(B) Form.--The report submitted pursuant to subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(i) Rule of Construction.--Nothing in this section shall be construed--
(1) to authorize the collection of intelligence on United States persons not authorized by another provision of law;
(2) to authorize the sharing of personally identifiable information about an individual in a manner that violates another provision of law;
(3) to require the disclosure of classified information to unauthorized persons;
(4) to establish commercial, competition, or technology policy outside the purview of the intelligence community;
(5) to require a non-Federal entity to provide information to a Federal entity or another non-Federal entity;
(6) to condition the sharing of threat information with a non-Federal entity on such entity's provision of threat information to another entity; or
(7) to condition the award of any Federal grant, contract, or purchase on the provision of threat information to a Federal or non-Federal entity.
(j) Exemption From Disclosure; Protection.--Any information shared by a covered person or other entity or individual with the United States Government pursuant to this section--
(1) shall be exempt from disclosure and withheld, without discretion, from the public, pursuant to section 552(b)(3)(B) of title 5, United States Code, and any other provision of United States law or law of any State, political subdivision or agency thereof, or Tribe requiring disclosure of information or records; and
(2) shall not be deemed a waiver of any applicable privilege or protection, including trade secret protection.
SEC. 702. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF
INTELLIGENCE COMMUNITY USE OF ARTIFICIAL
INTELLIGENCE TO SUPPORT TARGETING.
(a) Definitions.--In this subsection:
(1) Director.--The term "Director" means the Director of National Intelligence.
(2) Intelligence.--The term "Intelligence" has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(b) Reviews Related to Intelligence Community Use of Artificial Intelligence to Support Targeting.--
(1) Policy and procedure reviews.--
(A) In general.--Not later than 60 days after the date of the enactment of this Act, the Director shall review and assess the policies and procedures that govern the use by the intelligence community of artificial intelligence technologies in the production, or review, of intelligence used by the United States to inform targeting decisions with lethal effects.
(B) Elements.--In carrying out the review and assessment required by subparagraph (A), the Director shall--
(i) assess whether policies and procedures of the intelligence community that were in effect on the day before the date of the enactment of this Act adequately address risks posed by the use of artificial intelligence technologies in the targeting analysis and development and civilian harm mitigation processes; and
(ii) ensure the review covers all policies of the intelligence community that regard the production or review of intelligence, regardless of which element first produced the intelligence.
(2) Workflow reviews.--Not later than 90 days after the date of the enactment of this Act, the Director shall review and assess all workflows of the intelligence community that incorporate artificial intelligence used by the United States to inform targeting decisions with lethal effects.
(c) Artificial Intelligence Errors Exploratory Analysis.--In carrying out the reviews required by subsection (b), the Director shall direct the National Intelligence Council to conduct a structured, exploratory analysis that--
(1) assess ways in which frontier artificial intelligence models could exhibit bias or cause errors that undermine intelligence or other information provided by the intelligence community that informs targeting accuracy;
(2) identify the specific point and cause of error; and
(3) provide proposed process mitigations to catch and correct such mistakes.
(d) Consultation.--In carrying out the review and assessments required by subsection (b), the Director shall consult with the heads of the elements of the intelligence community whose intelligence is commonly consulted to inform targeting decisions with lethal effects, such as the National Geospatial-Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and the Central Intelligence Agency, to solicit input on potential negative consequences resulting from artificial intelligence supported analysis, and possible ways to mitigate such consequences.
(e) Policies and Directives.--The Director shall issue or adjust such policies and directives to the intelligence community as the Director considers appropriate to improve risk mitigation in light of the review carried out under subsection (b).
(f) Report.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees a report on the reviews and assessments carried out under subsection (b) as well as a summary of any new policies and directives issued pursuant to subsection (e).
(2) Contents.--The report required by paragraph (1) shall include the following:
(A) A description of contributions of the intelligence community to targeting workflows, such as identification of points of interest, pattern of life analysis, review of proposed targets, target selection, and civilian impact reviews, as well as the understanding of the intelligence community of the delineation of roles and responsibilities with the Armed Forces where applicable.
(B) Identification of any artificial intelligence tools utilized and for what tasks or purposes they are used.
(C) The level of autonomy afforded to the tools, and whether human review of artificial intelligence system outputs is required to be conducted prior to dissemination of materials.
(D) The scope of individuals expected to have access to the materials described in subparagraph (C).
(E) An explanation of whether and how the capability limitations of artificial intelligence tools available to personnel of the intelligence community are communicated to users, including the cutoff date for the tool's training data, databases to which it does or does not have access rights, and the tasks the model has been trained for or approved for use.
(3) Form.--The report submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
SEC. 703. IMPROVEMENTS FOR ARTIFICIAL INTELLIGENCE POLICIES,
STANDARDS, AND GUIDANCE FOR INTELLIGENCE
COMMUNITY.
(a) In General.--Section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C.
Text printed in the Record (11,208 characters)
3334m) is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following:
"(3) Study for tracking data generated or modified by an artificial intelligence system.--The Chief Artificial Intelligence Officer of the Intelligence Community, in coordination with the Chief Artificial Intelligence Officer of each element of the intelligence community, shall examine whether the intelligence community should identify intelligence information generated or materially modified by an artificial intelligence system, including determining what methods are necessary to preserve such information throughout the intelligence lifecycle.";
(2) in subsection (d), by adding at the end the following:
"(3) Process for review of artificial intelligence testing methodologies and benchmarks.--Consistent with applicable classification and access policies, the Chief Artificial Intelligence Officer of the Intelligence Community, in coordination with the Chief Artificial Intelligence Officer of each element of the intelligence community, shall--
"(A) establish a process to review artificial intelligence testing methodologies and benchmarks employed within each element; and
"(B) ensure such methodologies and benchmarks remain commensurate with the capabilities and impacts of systems being evaluated."; and
(3) by adding at the end the following:
"(f) Process to Systematically Track and Evaluate Incidents.--Not later than 180 days after the date of the enactment of this subsection, the Chief Artificial Intelligence Officer of the Intelligence Community, in coordination with the National Manager for National Security Systems, shall establish a process to systematically track and evaluate incidents associated with compromises to the confidentiality, integrity, or availability of artificial intelligence systems within each element of the intelligence community.
"(g) Policies for Agentic Artificial Intelligence Systems and Processes.--
"(1) Definition of agentic artificial intelligence system or process.--In this subsection, the term `agentic artificial intelligence system or process'--
"(A) means an artificial intelligence system or process that, given an objective or instruction--
"(i) determines the action or sequence of actions to be taken to accomplish that objective; and
"(ii) is capable of executing such actions directly on information systems, data, or external services; and
"(B) does not include a system or process that solely generates informational or advisory output for a human operator to act upon.
"(2) Review of the adequacy of existing identity, credential, and access management systems for information within the intelligence community.--
"(A) In general.--Consistent with authority under section 102A(g) of the National Security Act of 1947 (50 U.S.C. 3024(g)), the Director of National Intelligence, in coordination with the National Manager for National Security Systems, shall--
"(i) not later than 1 year after the date of the enactment of this paragraph, complete a review of the adequacy of existing identity, credential, and access management systems for information within the intelligence community used by agentic artificial intelligence systems and processes; and
"(ii) not permit access to any information within the intelligence community by an external department or agency for use in an agentic artificial intelligence system or process until the review required by clause (i) is completed.
"(B) Evaluation of effectiveness of mechanisms for agentic artificial intelligence systems and processes to authenticate as non-human actors.--The review required by subparagraph (A)(i) shall include an evaluation of the effectiveness of mechanisms for agentic artificial intelligence systems and processes to authenticate as non-human actors, including the appropriate delegation of clearance entitlements and the traceability of any action taken by an agentic artificial intelligence system or process to a cleared individual on whose behalf the agentic artificial intelligence system or process is acting.
"(3) Policy guidance.--Upon completion of the review required by paragraph (2), the Director of National Intelligence, in coordination with the Director of the National Security Agency, the Director of the National Reconnaissance Office, and the Director of the National Geospatial-Intelligence Agency, shall issue appropriate policy guidance on--
"(A) the use of agentic artificial intelligence systems and processes within the intelligence community; and
"(B) the access of agentic artificial intelligence systems and processes to information within the intelligence community.
"(4) Specific issues relating to agentic artificial intelligence systems and processes.--In carrying out paragraph (3), the Director of National Intelligence, at a minimum and to the extent such requirements are not already replicated in existing processes or policies, consider--
"(A) establishing a taxonomy of autonomy and security risks associated with agentic artificial intelligence systems and processes that operate on, or have the possibility of accessing, information within the intelligence community; and
"(B) establishing technical controls, processes, and other mitigation measures to address the risks identified under subparagraph (A), including, at a minimum--
"(i) requirements that any element of the intelligence community or external department or agency incorporating information from an intelligence community element as part of an agentic artificial intelligence system or process provide the relevant element of the intelligence community controlling such information with documentation of--
"(I) the properties of the agentic artificial intelligence system or process, including the range of additional systems or data sources it may access (whether as a system or process input or as an agent action), the permissions and classification entitlements associated with such access, as well as any relevant model or system documentation, such as model and system cards;
"(II) anticipated mission use cases for any access to information within the intelligence community in the context of an agentic artificial intelligence system or process, including whether any use case constitutes a high-impact artificial intelligence use as those terms are defined under existing Federal policies;
"(III) procedures to notify relevant intelligence community elements controlling such information of any changes to the properties of the agentic artificial intelligence system or process, to permissions and classification entitlements, or to anticipated use cases of such system or process, that might significantly limit the utility, confidentiality, integrity, or availability of such information; and
"(IV) procedures for intelligence community elements to promptly notify external intelligence community elements or departments or agencies of any material changes to upstream classified data or systems that might significantly limit or impair the utility, confidentiality, integrity, or availability of any downstream agentic artificial intelligence system or process maintained by that external intelligence community element or department or agency;
"(ii) policies and procedures to log any actions, as well as associated inputs, taken by an agentic artificial intelligence system or process to information within the intelligence community, including mechanisms to reverse or negate unauthorized actions or actions that pose a risk to the user intent or confidentiality, integrity, or availability of such information;
"(iii) policies and procedures for safeguards, continuous monitoring, and the detection of security incidents or other unexpected behavior of an agentic artificial intelligence system or process, or failures of associated safeguards, that may pose a threat to the confidentiality, availability, or integrity of information within the intelligence community;
"(iv) policies and procedures for system-level controls of agentic artificial intelligence systems and processes, tailored to address each system or process component; and
"(v) criteria for the selection of interoperability standards for agentic artificial intelligence systems and processes, with preference, to the extent practicable, for standards that are openly specified, governed in a vendor-neutral manner, supported by multiple model providers, extensible to future requirements, and subject to ongoing independent security review.".
SEC. 704. ADDITIONAL FUNCTIONS AND REQUIREMENTS OF ARTIFICIAL
INTELLIGENCE SECURITY CENTER.
Section 6504 of the Intelligence Authorization Act for Fiscal Year 2025 (division F of Public Law 118-159) is amended--
(1) in subsection (c)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new paragraph (3):
"(3) Making available a research test-bed to private sector and academic researchers, on a subsidized basis, to engage in artificial intelligence security research, including through the secure provision of access in a secure environment for pre-deployment testing of to proprietary third-party models with the consent of the vendors of the models.";
(2) by redesignating subsection (d) as subsection (f); and
(3) by inserting after subsection (c) the following:
"(d) Test-bed Requirements.--
"(1) Access and terms of usage.--
"(A) Researcher access.--
"(i) In general.--The Director shall establish terms of usage governing researcher access to the test-bed made available under subsection (c)(3), with limitations on researcher publication only to the extent necessary to protect classified information or proprietary information concerning third-party models provided through the consent of model vendors.
"(ii) Equitable access.--In establishing terms of usage under clause (i), the Director shall ensure that access to the test-bed is made available to academic and private sector researchers in an equitable, impartial, and nondiscriminatory way.
"(iii) Ideological and political viewpoints.--Terms and conditions under clause (i) may not deny or condition access on the basis of the ideological or political viewpoints of the given researcher or the institution with which a given researcher is affiliated.
"(iv) Preservation of authority.--Nothing in this subparagraph shall be construed as limiting the authority of the Director to condition participation on a researcher's ability to protect classified or sensitive intelligence information, a researcher's agreement to comply with intelligence handling, use, and nondisclosure requirements, or other valid counter-intelligence concerns.
"(B) Availability to federal agencies.--The Director shall ensure that the test-bed made available under subsection (c)(3) is also made available to other Federal agencies on a cost-recovery basis.
"(2) Use of certain infrastructure and other resources.--In carrying out subsection (c)(3), the Director shall leverage, to the greatest extent practicable, infrastructure and other resources provided under section 5.2 of Executive Order 14110 (88 Fed. Reg.
Text printed in the Record (11,010 characters)
75191; relating to safe, secure, and trustworthy development and use of artificial intelligence).
"(3) Voluntary security guidance.--In order to incentivize participation by vendors of leading commercial models and to promote the national security of the United States, the Director shall share relevant guidance, informed by pre-deployment testing in the secure test-bed environment identified in subsection (c), to inform voluntary vendor actions to mitigate against potential security threats to such models, or the ability of foreign actors to utilize such models for computer network exploitation campaigns, the design or development of weapons systems, or to further foreign surveillance capabilities.
"(e) Reports on Test-bed Access.--Not less than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2027 and annually thereafter, the Director shall submit to the congressional intelligence committees a report on the test-bed established under subsection (c)(3) that includes --
"(1) a list of persons that requested access to the test-bed during the period covered by the report;
"(2) a list of the persons that were granted access to the test-bed during such period;
"(3) a list of the persons that were denied access to the test-bed during such period, and a justification for each such denial; and
"(4) a full copy of the terms of usage established under subsection (d)(1).".
SEC. 705. REPORTS ON NOVEL USES OF ARTIFICIAL INTELLIGENCE
TECHNOLOGY.
(a) Definition.--In this section, the term "novel use of artificial intelligence technology" means--
(1) an artificial intelligence capability or series of capabilities combined that has not previously been included in an intelligence community element's inventory of artificial intelligence use cases consistent with guidance issued pursuant to section 6702(b) of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m(b));
(2) a use of an artificial intelligence capability that contravenes a restriction on the use of artificial intelligence contained in such an inventory; or
(3) a use of an artificial intelligence capability that constitutes a high-impact artificial intelligence use as that term is defined under policies of the executive branch.
(b) In General.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of National Intelligence, in coordination with the heads of the other elements of the intelligence community, shall submit to the congressional intelligence committees a consolidated report detailing any novel use of artificial intelligence technology that any element of the intelligence community is considering employing within the one-year period following submission of such report.
(c) Contents.--Each report submitted pursuant to subsection (b) shall describe the proposed novel use of artificial intelligence technology, including--
(1) hardware and software requirements;
(2) the proposed application of the technology;
(3) the risks and advantages assessed with respect to the proposed novel use;
(4) any specific risk mitigation measures contemplated, including measures specific to the proposed novel use;
(5) any test and evaluation activities conducted in conjunction with the proposed novel use;
(6) any additional test and evaluation activity that is still needed, and whether the intelligence community has resources to conduct and fund such activity; and
(7) any estimated cost increases anticipated in connection with the proposed novel use.
(d) Form.--Each report submitted pursuant to subsection (b) shall be submitted in classified form.
(e) Sunset.--This section shall expire on October 1, 2032.
SEC. 706. CLEAR LABELING OF ARTIFICIAL INTELLIGENCE OUTPUTS
FOR TARGETING WORKFLOWS.
(a) Labeling Policy.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Chief Artificial Intelligence Officers of the elements of the intelligence community, establish a policy that applies to elements of the intelligence community, which generate intelligence that could reasonably be judged useful to develop or inform targeting with lethal effects, and that requires--
(1) labeling of outputs from any artificial intelligence system used in the development of such intelligence are clearly marked to indicate--
(A) that artificial intelligence was used;
(B) the artificial intelligence system or model used;
(C) the manner in which, or task for which, the artificial intelligence was used; and
(D) a point of contact such as the relevant Chief Artificial Intelligence Officer, who can address questions about data inputs, system access, or artificial intelligence system performance; and
(2) the label or indicator that is used pursuant to paragraph (1) is attached to the resulting data or work product in a manner that remains prominent and visible to any person who subsequently interacts with that data on a system of the intelligence community, regardless of organizational affiliation of the person or the role of the person in developing the data.
(b) Reports on Risk Mitigation Measures.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the head of each element of the intelligence community to which the policy described in subsection (a) applies shall submit a report to the congressional intelligence committees describing risk mitigation measures undertaken by the given element regarding artificial intelligence systems that generate intelligence that could reasonably be judged useful to develop or inform targeting with lethal effects.
SEC. 707. RESEARCH ON USE OF ARTIFICIAL INTELLIGENCE RELATING
TO INADVERTENT ESCALATION.
(a) Requirement.--Not later than 90 days after the date of the enactment of this Act and subject to the availability of appropriations, the Director of the Intelligence Advanced Research Projects Activity, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, shall commence a research campaign to deepen the understanding of the intelligence community with respect to specific ways in which the use of artificial intelligence systems by the intelligence community could contribute to inadvertent escalation with foreign nations or actors.
(b) Elements.--The research campaign required by subsection (a) shall include--
(1) the identification of scenarios in which artificial intelligence capabilities could contribute to inadvertent escalation with foreign nations or actors, including--
(A) analytic judgments that fail to properly consider or weigh alternative explanations;
(B) automation of imagery classification or signals intelligence;
(C) distinguishing between civilians and authorized targets;
(D) operational uses of artificial intelligence, such as time-constrained uses that do not allow for independent verification; and
(E) such other scenarios as identified by the Director or participating subject matter experts;
(2) a simulation of select scenarios to discern where miscommunication or miscalculations have a higher likelihood of occurrence; and
(3)(A) an identification of potential mitigations for vulnerabilities discovered; or
(B) if no mitigation could be identified, an identification of vulnerabilities that require follow-up action by the intelligence community.
(c) Briefings.--
(1) Congress.--Not later than 180 days after the date of the enactment of this Act, or 30 days after the date of completion of the research campaign required by subsection (a), whichever occurs first, the Director of the Intelligence Advanced Research Projects Activity, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, shall brief the congressional intelligence committees on the findings and recommendations of the research campaign.
(2) Intelligence community.--The Director of the Intelligence Advanced Research Projects Activity, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, shall brief the heads and Chief Artificial Intelligence Officers of the elements of the intelligence community on the findings and recommendations of the research campaign required by subsection (a), as appropriate.
SEC. 708. RESEARCH ON INTERACTION OF ADVERSARIAL ARTIFICIAL
INTELLIGENCE SYSTEMS WITH INTELLIGENCE
COMMUNITY SYSTEMS.
(a) Requirement.--Not later than 90 days after the date of the enactment of this Act and subject to the availability of appropriations, the Director of the Intelligence Advanced Research Projects Activity, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, shall commence a research campaign to deepen the understanding of the intelligence community with respect to novel dynamics and vulnerabilities that may arise when an adversarial artificial intelligence system interacts directly with systems of, or contracted by, the intelligence community that include artificial intelligence components.
(b) Elements.--The research campaign required by subsection (a) shall--
(1) pursue sandbox demonstrations with frontier artificial intelligence models or leverage other tactics necessary to uncover vulnerabilities to intelligence community systems, infrastructure, or personnel that may result from--
(A) the accelerated development of artificial intelligence capabilities by foreign nations;
(B) the increasing access that non-state and criminal actors have to commercial artificial intelligence tools that can identify vulnerabilities and propose or orchestrate attacks; and
(C) the potential for artificial intelligence systems to interact directly with each other during an attack; and
(2) pursue findings, including--
(A) an identification of potential mitigations for unique vulnerabilities discovered; or
(B) if no mitigation could be identified, an identification of vulnerabilities that require follow-up action by the intelligence community.
(c) Briefings.--
(1) Congress.--Not later than 180 days after the date of the enactment of this Act, or 30 days after the date of completion of the research campaign required by subsection (a), whichever occurs first, the Director of the Intelligence Advanced Research Projects Activity, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, shall brief the congressional intelligence committees on the findings and recommendations of the research campaign.
(2) Intelligence community.--The Director of the Intelligence Advanced Research Projects Activity, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, shall brief the heads and Chief Artificial Intelligence Officers of the elements of the intelligence community on the findings and recommendations of the research campaign required by subsection (a), as appropriate.
SEC. 709.
Text printed in the Record (10,776 characters)
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. 710. PROHIBITION ON CERTAIN ARTIFICIAL INTELLIGENCE
MODELS ON INTELLIGENCE COMMUNITY SYSTEMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" means the following:
(A) The congressional intelligence committees.
(B) The Committee on Appropriations of the Senate.
(C) The Committee on Appropriations of the House of Representatives.
(2) Artificial intelligence model.--The term "artificial intelligence model" means a capability or series of capabilities combined that can, for a given set of objectives, generate outputs such as predictions, recommendations, or decisions without human intervention or input.
(3) Child pornography.--The term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.
(4) Covered application.--The term "covered application" means any specific artificial intelligence model that has been confirmed by a head of an element of the intelligence community, or their designee, as--
(A) failing to adhere to the National Institute of Standard and Technology Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile with respect to "obscene, degrading, and/or abusive content", or a successor standard or framework, to the extent the framework applies to synthetic child sexual abuse material or non-consensual intimate images of adults;
(B) subject to a Federal court determination that such artificial intelligence model has generated content depicting child pornography; or
(C) subject to a Federal court determination that such artificial intelligence model has generated non-consensual intimate visual depictions of an identifiable adult or a minor.
(5) Intimate visual depiction.--The term "intimate visual depiction" has the meaning given that term in section 1309 of the Violence Against Women Act Reauthorization Act of 2022 (15 U.S.C. 6851).
(b) Prohibition.--
(1) In general.--The acquisition or use of any covered application on national security systems operated by an element of the intelligence community or by a contractor of such element is prohibited unless the appropriate safeguards described in subsection (c) can be implemented.
(2) Implementation.--
(A) Initial removal.--Not later than 180 days after the date of the enactment of this Act, any covered application shall be required to be removed from national security systems operated by an element of the intelligence community or a contractor of such element.
(B) Subsequent removals.--Beginning after the 180-day period described in subparagraph (A), any artificial intelligence model that becomes a covered application shall be required to be removed from national security systems operated by an element of the intelligence community or a contractor of such element not later than 180 days after the date that the model is confirmed by the head of an element of the intelligence community, or their designee, to be a covered application.
(c) Safeguards.--
(1) In general.--The head of an element of the intelligence community may implement additional safeguards that prohibit the generation of child pornography or non-consensual intimate visual depictions of an identifiable adult or a minor.
(2) Certification required.--The head of an element of the intelligence community shall certify to the Director of National Intelligence that safeguards implemented under paragraph (1) are sufficient to prevent misuse of covered applications to generate child pornography or intimate visual depictions of a minor.
(3) Congressional notification.--The head of an element of the intelligence community that issues a certification pursuant to paragraph (2) shall notify the appropriate committees of Congress of such certification not later than 7 days after issuing such certification. Such a notification shall identify the safeguards implemented pursuant to paragraph (1).
(d) National Security and Research Waiver.--
(1) In general.--The head of an element of the intelligence community may issue a waiver for any artificial intelligence model that would otherwise be subject to the prohibition under subsection (b) if the head identifies a national security or research justification for such artificial intelligence model that benefits the intelligence community.
(2) Congressional notification.--Not later than 7 days after issuing a waiver pursuant to paragraph (1), the head of the element of the intelligence community that issues such waiver shall submit to the appropriate committees of Congress a notification that includes--
(A) an identification of the national security or research justification for such usage;
(B) an estimate of the approximate cost of such usage; and
(C) a plan to implement a safeguard in such a way as to allow for continued usage consistent with the general prohibition described in subsections (b)(1) and (c)(1).
(e) Cure.--If a covered application is identified for removal or is disqualified from use or acquisition pursuant to this section, the head of an element of the intelligence community may offer the provider of the covered application an opportunity to cure performance to avoid removal pursuant to subsection (b)(2).
SEC. 801. MODIFICATION TO NOTIFICATION REQUIREMENTS FOR
AUTHORIZED AND ORDERED DEPARTURES.
Section 5173(e) of the Department of State Authorization Act for Fiscal Year 2026 (22 U.S.C. 4865 note; division E of Public Law 119-60) is amended--
(1) in paragraph (1), by inserting ", the Permanent Select Committee on Intelligence, the Committee on Armed Services," after "Foreign Affairs"; and
(2) in paragraph (2), by inserting ", the Select Committee on Intelligence, the Committee on Armed Services," after "Foreign Relations".
SEC. 802. INTELLIGENCE SUPPORT TO THE U.S. INTERNATIONAL
DEVELOPMENT FINANCE CORPORATION.
The Director of National Intelligence, in coordination with the heads of the other elements of the intelligence community, may provide intelligence and analytic support to the U.S. International Development Finance Corporation to help ensure all projects of the Corporation are appropriately informed and strategically executed in accordance with the purpose of the Corporation as described in section 1412(b) of the BUILD Act of 2018 (22 U.S.C. 9612(b)).
SEC. 803. TECHNICAL AMENDMENTS.
(a) Definition of Armed Forces in National Security Act of 1947.--Section 605(8) of the National Security Act of 1947 (50 U.S.C. 3126(8)) is amended by inserting "Space Force," after "Marine Corps,".
(b) National Intelligence University.--Section 6801(a)(4) of the Intelligence Authorization Act for Fiscal Year 2026 (Public Law 119-60) is amended in the matter preceding subparagraph (A) by striking "3327" and inserting "3227".
DIVISION G--DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL YEAR 2027
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. Streamlining Arctic Ambassador responsibilities. Sec. 8203. Adversary alignment. Sec. 8204. Strategy on Department plan to reopen diplomatic facilities in Syria. Sec. 8205. Amendment to reflect the Bureau of Medical Services. Sec. 8301. Internal report on smart cable analytics. Sec. 8302. 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. Secure Embassy Construction and Counterterrorism Act of 2022 implementation report. Sec. 8503. Counterintelligence unit at all critical counterintelligence threat posts. Sec. 8504. Authorization of certain public libraries to collect and retain fees for the acceptance and execution of passport applications. Sec. 8505. Review of tour lengths for Foreign Service officers at critical Human Intelligence threat posts. Sec. 8506. Modernization of consular forms. Sec. 8507. Expansion of limited consular appointment authority. Sec. 8508. Report on indefinite suspensions for members of the Civil Service. Sec. 8509. Artificial intelligence use for online presence review. Sec. 8601. Au pair regulation. Sec. 8602. Requirement for think tanks to disclose foreign funding. Sec. 8603. Marking and branding. Sec. 8604. Permitting for international bridges and land ports of entry. Sec. 8605. Arms Export Control Act increase for direct commercial contracts authority. Sec. 8606. Sunsetting the 180-day COVID obligation and expenditure reports. Sec. 8607. Congressional delegations. Sec. 8608. Modification of the special rule for countries downgraded from and reinstated to the tier 2 watch list in the Trafficking in Persons report. Sec. 8609. United States support to United Nations peacekeeping duplicative reporting. Sec. 8610. Restrictions on stinger missile transfers to Bahrain. Sec. 8611. Change to the missile sanctions laws statutory references. Sec. 8612. Congressional notifications under the Arms Export Control Act. Sec. 8613. Report on critical language expertise. Sec. 8614. Use of artificial intelligence to meet congressional reporting requirements. Sec. 8615. Millennium Challenge Corporation compacts. Sec. 8616. Office of the Inspector General for Foreign Assistance. Sec. 8617. Strategy on maritime economic resilience. Sec. 8618. Modernization of international agreements related to critical undersea infrastructure. Sec. 8619. Embassy evacuation and notification planning. Sec. 8620. Young African Leaders Initiative. Sec. 8700. Short titles.
Text printed in the Record (1,109 characters)
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. 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. 8716. Rule of construction. 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.
Text printed in the Record (10,911 characters)
Subtitle D--Scam Compound Accountability and Mobilization
Sec. 8741. Short title. Sec. 8742. Findings. Sec. 8743. Sense of Congress. Sec. 8744. Statement of policy. Sec. 8745. Definitions. Sec. 8746. Strategy to counter scam compounds and hold transnational criminal organizations and human traffickers accountable. Sec. 8747. Establishing a Task Force to implement the Strategy. Sec. 8748. Strengthening tools to dismantle scam compounds and hold transnational criminal organizations accountable. Sec. 8749. Redress to victims of international scam compound operations. Sec. 8750. Satellite imagery access to monitor human rights abuses related to scam compounds to discover the presence of human trafficking. Sec. 8750A. Sunset.
Sec. 8751. Short title. Sec. 8752. Definitions.
PART I-- International Coordination and Engagement on Critical Undersea Infrastructure
Sec. 8753. Findings. Sec. 8754. Sense of Congress. Sec. 8755. Enhancing United States Government engagement with relevant international bodies to safeguard United States interests. Sec. 8756. Imposition of sanctions with respect to critical undersea infrastructure sabotage. Sec. 8757. Report on activities by the People's Republic of China and the Russian Federation.
Sec. 8758. Engaging foreign partners to strengthen the security of critical undersea infrastructure.
PART II--Department of State Critical Undersea Infrastructure Expertise
Sec. 8761. Expanding critical undersea infrastructure-related expertise at the Department of State.
PART III--International Cooperation on Subsea Communications
Infrastructure Protection From Sabotage
Sec. 8762. Improving United States Government coordination on protecting subsea communications infrastructure. Sec. 8763. Strengthening information sharing between United States Government and private sector stakeholders on subsea communications infrastructure.
Sec. 8764. Rule of construction.
Subtitle F--Countering China's Control of the Caucasus Act
Sec. 8771. Short title. Sec. 8772. Reports and briefings.
Sec. 8776. Annual report.
Sec. 8781. Report on the impact of United States assistance. Sec. 8782. Strategy on ISIS-related detainee and displacement camps in Syria. Sec. 8783. Strategy for engagement with Syrian authorities and for evaluating security at the United States mission. Sec. 8784. Strategy to ensure the enduring defeat of ISIS in Syria. Sec. 8785. Defined term.
Sec. 8791. Repeals of Syria sanctions statutes. Sec. 8792. Establishment of Ukraine Lessons Learned Task Force.
Sec. 8795. Exception relating to importation of goods.
SEC. 8002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of Representatives.
(2) Department.--The term "Department" means the Department of State.
(3) Secretary.--The term "Secretary" means the Secretary of State.
SEC. 8101. MID-CAREER TRAINING FLOAT.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a strategy to establish and maintain a "training float" by January 1, 2027, to authorize between 8 and 10 percent of the members of the Civil Service and the Foreign Service to participate in long-term training at any time.
(b) Elements.--The strategy developed pursuant to subsection (a) shall include--
(1) a proposal to ensure personnel in the training float remain dedicated to training or professional development activities;
(2) recommendations to maintain, and an assessment of the feasibility of maintaining, a minimum of 8 percent of personnel in the float at all times; and
(3) any additional resources and authorities needed to maintain the training float described in this section.
(c) Monitoring.--Beginning not later than 120 days after the date of the enactment of this Act, the Secretary shall ensure personnel in any training float established pursuant to this section remain dedicated to training or professional development activities.
SEC. 8102. REBIDDING FOR PERSONNEL AT CLOSED POSTS.
(a) Defined Term.--In this section and in section 8103, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(b) In General.--If the Department closes, consolidates, or downsizes any element of the Department, including any bureau, office, or diplomatic or consular post, any Foreign Service officers employed by such element shall be allowed to rebid for comparable positions within the Foreign Service.
(c) Notification.--Not later than 30 days after the closure, consolidation, or downsizing of any element of the Department, the Secretary shall notify the appropriate congressional committees of the personnel impact of such action, including--
(1) the number of personnel at the affected post, disaggregated Foreign Service officers, eligible family members, and local embassy staff;
(2) the number of Foreign Service officers who chose to rebid for new positions and the posts at which such Foreign Service officers are currently stationed; and
(3) the status of all other affected personnel.
SEC. 8103. REPORT ON PACIFIC ISLANDS EMBASSY STAFFING
INCENTIVES.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary and the Deputy Secretary of State for Management and Resources shall--
(1) submit a report to the appropriate committees of Congress that describes plans for addressing staffing needs at United States embassies in Pacific Island countries; and
(2) provide a briefing to the appropriate committees of Congress that includes--
(A) a discussion of the contents of the report submitted pursuant to paragraph (1); and
(B) nonfinancial incentives offered to Foreign Service officers serving at United States embassies in Pacific Island countries, including mission-specific training.
(b) Contents.--The report required under subsection (a)(1) shall include--
(1) steps to implement the findings included in the Foreign Service officer allowances report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117-81) to provide incentives for Foreign Service officers to serve in Pacific Island countries, including--
(A) hardship and danger pay;
(B) the opportunity to provide one-grade stretches before stretch season and allow bidding on Pacific Island country posts on the early assignment cycle;
(C) eligibility to receive student loan repayments;
(D) incentive pay to extend tours at Pacific Island country posts;
(E) additional recreation entitlements;
(F) priority consideration for onward assignments;
(G) opportunities to serve repeated tours in the same region to develop expertise while aiding career advancement; and
(H) consideration of United States embassies in Pacific Island countries for Special Incentive Post designation eligibility;
(2) the status of the virtual schooling pilot program undertaken by the Office of Overseas Schools and other programs designed to support the dependents and spouses of diplomats stationed at Pacific Island country posts;
(3) current administrative requirements, including reporting requirements, required for embassies in Pacific Island countries and proposals for how to lower the administrative burden on small embassies; and
(4) any additional measures and financial and nonfinancial incentives to encourage Foreign Service officers to seek assignments to, and remain at, hardship posts in countries where addressing growing and malign foreign government influence is especially critical to United States interests, especially at new posts in remote locations, such as the United States embassies in the Kingdom of Tonga, the Solomon Islands, and the Republic of Vanuatu.
SEC. 8104. ENDURING FOREIGN LANGUAGE PROFICIENCY INCENTIVE
PAY.
(a) Enduring Foreign Language Proficiency Incentive Pay.--
(1) In general.--Not later than January 1, 2027, the Secretary shall establish an additional pay structure for members of the Foreign Service designed to incentivize enduring foreign language proficiency.
(2) Objective.--The objective of the additional incentive pay established pursuant to paragraph (1) is to promote the retention of language skills among members of the Foreign Service, even when the current posts they fill are not language designated or otherwise do not require regular use of the critical languages in question.
(3) Elements.--The Secretary may consider the following elements when devising the new incentive pay structure:
(A) Concurrent receipt.--A member of the Foreign Service who is already receiving another form of language incentive pay for a certain language is not eligible to concurrently receive enduring language proficiency incentive pay under this section.
(B) Certification.--Enduring proficiency in a designated critical language shall be subject to annual certification by the Secretary.
(C) Multiple languages.--Individuals who continue to meet proficiency requirements in multiple languages may be eligible to receive enduring language incentive pay for each of such languages.
(D) Language categories.--The Secretary may design the enduring incentive pay on a scale that provides a range of payments reflecting the difficulty of the language skills in question, encompassing world languages, difficult world languages, hard languages and super hard languages.
(b) Reports.--
(1) Initial report and briefing.--The Secretary shall provide an initial report and briefing to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives that describes the structure and planned implementation for the new incentive pay structure authorized under this section.
(2) Annual reports.--The Secretary shall submit an annual report to the appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives that--
(A) describes the use of the new incentive pay structure authorized under this section by members of the Foreign Service;
(B) identifies the number of recipients of the language proficiency incentive payment authorized under this section and the specific languages for which such incentive pay is being offered; and
(C) contains any other information the Secretary considers relevant.
SEC. 8105.
Text printed in the Record (11,705 characters)
SUPPORT FOR REGIONAL MEDICAL OFFICER
PSYCHIATRISTS.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) regional medical officer psychiatrists play an integral role in ensuring the readiness of Department personnel stationed abroad; and
(2) trained clinical social workers can be an asset to the Department by supporting the sparse number of regional medical officer psychiatrists stationed at United States diplomatic posts worldwide.
(b) Hiring Quotas.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 4 years, the Secretary shall hire not fewer than 20 trained social workers to support the work of regional medical officer psychiatrists at United States diplomatic posts worldwide.
(c) Annual Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 4 years, the Secretary shall submit a report to the appropriate congressional committees that--
(1) identifies the number of trained social workers hired by the Department during the previous calendar year;
(2) identifies the total number of trained social workers employed by the Department as of the date on which such report is submitted; and
(3) lists each United States diplomatic post at which trained social workers are currently stationed, including the number of trained social workers stationed at each post.
SEC. 8106. WORKFORCE EXIT INTERVIEWS.
Section 5402 of the Department of State Authorization Act of 2021 (division E of Public Law 117-81; 22 U.S.C. 2736) is amended--
(1) in subsection (b), by striking "provide an opportunity for an exit interview to" and inserting "conduct exit interviews with"; and
(2) by inserting at the end the following:
"(e) Report.--Not later than 1 year after the date of the enactment of the Department of State Authorization Act for Fiscal Year 2027, and annually thereafter for the following 10 years, the Secretary shall submit a report to the appropriate congressional committees that--
"(1) describes the Department's process for conducting exit interviews with Foreign Service officers;
"(2) identifies any changes the Department has made to the exit interview process during the previous calendar year; and
"(3) describes any trends in the responses the Department has received from exit interviews conducted with Foreign Service officers during the previous calendar year.".
SEC. 8107. INTEGRATION OF MARINE SECURITY GUARD DETACHMENTS
AT UNITED STATES DIPLOMATIC POSTS.
(a) Report.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that--
(1) assesses the level of integration of Marine Security Guard Detachments into communities of personnel under Chief of Mission authority at United States diplomatic posts abroad;
(2) describes the steps the Secretary and Chiefs of Mission are taking to better integrate Marine Security Guard Detachments into communities of personnel under Chief of Mission authority at United States diplomatic posts abroad;
(3) describes the steps the Secretary and Chiefs of Mission are taking to support mental health and improve the quality of life of Marine Security Guard Detachments at United States diplomatic posts abroad; and
(4) identifies any barriers the Secretary perceives as inhibiting--
(A) greater integration of Marine Security Guard Detachments into communities of personnel under Chief of Mission authority at United States diplomatic posts abroad; and
(B) improvements to the quality of life of Marine Security Guard Detachments at United States diplomatic posts abroad.
SEC. 8108. ADDITIONS TO REPORTING REQUIREMENTS FOR DEATHS AT
POST.
Section 57 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2729(a)(3)) is amended by adding at the end the following:
"(d) Congressional Notification.--Not later than 30 days after any overseas death from nonnatural causes of any United States citizen under Chief of Mission authority or of any family member of a United States citizen under Chief of Mission authority, the Secretary shall submit written notification, which may include a classified annex, to the congressional committees with jurisdiction over such matters that includes--
"(1) the date of such person's death;
"(2) the location where such death occurred, including the municipality, state or province, and country;
"(3) the cause of such death, including--
"(A) information on the circumstances of such death; and
"(B) if the death resulted from an act of terrorism or suicide, a statement disclosing such information; and
"(4) such other information as the Secretary shall consider appropriate.".
SEC. 8109. POLICY ON NEGOTIATION OF BILATERAL WORK
AGREEMENTS.
(a) In General.--In each country in which the Department maintains a United States embassy or consulate, the Secretary shall seek to negotiate and establish a bilateral work agreement with the host government that covers eligible family members of United States direct hire personnel employed by the Department.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes--
(1) a list of every country in which there is an active bilateral work agreement negotiated between the Department and the host government; and
(2) the status of the Department's efforts to negotiate bilateral work agreements in all other countries not included in the list described in paragraph (1), including--
(A) the primary obstacle the Department faces in each country to securing such a bilateral work agreement; and
(B) how the Department is working to overcome such obstacle.
SEC. 8110. COVERAGE OF RETURN COSTS.
The Department, to the maximum extent practicable, shall pay for costs incurred by members of the Foreign Service that directly result from duties required as part of their return to the United States at the time of their retirement from the Foreign Service.
SEC. 8111. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING.
(a) Uyghur Language Training and Staffing.--The Secretary may take such steps as may be necessary to ensure--
(1) Uyghur language training is available to Foreign Service officers; and
(2) efforts are made to ensure that at least 1 Uyghur-speaking member of the Service (as defined in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) is assigned to--
(A) at least 1 United States diplomatic or consular post in the People's Republic of China; and
(B) at least 1 United States diplomatic post in Kazakhstan, Uzbekistan, Kyrgyzstan, or Turkey.
(b) Report.--Not later than 1 year after the date of the enactment of this Act, the Foreign Service Institute shall submit a report to the appropriate congressional committees that outlines all of the steps that have been taken to implement subsection (a).
SEC. 8112. EXTENSION OF POST-EMPLOYMENT RESTRICTIONS ON
SENATE-CONFIRMED OFFICIALS AT THE DEPARTMENT OF
STATE.
(a) Extension.--Section 1(m)(7) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(7)) is amended by striking "5 years after the date of the enactment of the Department of State Authorization Act of 2022" and inserting "5 years after the date of the enactment of the Department of State Authorization Act for Fiscal Year 2027".
(b) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that describes the implementation of the restrictions described in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)), including--
(1) a description of the actions of the Department since the date of enactment of the Department of State Authorization Act of 2022 (division I of Public Law 117-263) to provide applicable officials with the notice of restrictions required under section 1(m)(5) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(5));
(2) a description of any guidance provided to the applicable officials before they left government service;
(3) a description of efforts by the Department to monitor and ensure compliance with the requirements under section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)); and
(4) a list of any known or discovered violations of the restrictions set forth in section 1(m) of such Act and any steps taken in response to such violations.
(c) Countries of Concern.--Section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)) is amended--
(1) in clause (iv), by adding "and" at the end;
(2) in clause (v), by striking "; and" and inserting a period; and
(3) by striking clause (vi).
SEC. 8113. REDUCING FOREIGN LANGUAGE TRAINING RELATED DELAYS
IN FOREIGN SERVICE ASSIGNMENTS.
(a) In General.--The Secretary shall ensure--
(1) Foreign Service officers with critical language skills are prioritized for posts that require hard and super hard language skills; and
(2) such officers are not excluded from bidding due to language requirements for officers with lesser language skills.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the
Secretary shall submit a report to the appropriate congressional committees that describes--
(1) any barriers that exist within the Foreign Service assignment process and foreign language training requirements within the Foreign Service that delay Foreign Service officers who do not require additional foreign language training from being selected for assignments that generally include a language training requirement; and
(2) steps the Secretary is taking to eliminate delays in the timely deployment of Foreign Service officers who do not require additional foreign language training to their next assignment.
SEC. 8114. ENSURING FULL STAFFING OF THE COUNTERING RUSSIAN
INFLUENCE FUND.
(a) Report Required.--Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that--
(1) identifies the number of full-time staff dedicated to the Countering Russian Influence Fund Unit established under section 5160 of the Department of State Authorization Act for Fiscal Year 2026 (division E of Public Law 119-60; 22 U.S.C. 9543 note), including a staffing plan for the upcoming calendar year;
(2) describes the priorities identified for the unit, consistent with section 254 of the Countering Russian Influence in Europe and Eurasia Act of 2017 (title II of subtitle B of Public Law 115-44);
(3) describes the unit's efforts to counter Russian influence and hybrid activities, including sabotage, information operations, weaponized migration, strategic corruption, and other activities described in paragraph (2), in the Europe and Eurasia regions; and
(4) describes monitoring and evaluation tools and metrics to ensure that the unit's objectives are being met.
(b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 8115. FACILITATING MOVES FOR DOMESTIC EMPLOYEES
TELEWORKING OVERSEAS.
The Secretary shall prescribe regulations authorizing the Department to pay the costs associated with moving domestic employees teleworking overseas who are spouses of Department employees, and their personal belongings, directly from the Department employee's overseas post to the Department employee's next overseas post.
SEC. 8116.
Text printed in the Record (10,355 characters)
STRENGTHENING THE DEPARTMENT'S CAPACITY FOR
ECONOMIC AND TECHNOLOGY COMPETITION.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives.
(2) Critical and emerging technologies.--The term "critical and emerging technologies" means technologies selected by the Secretary, in consultation with other Federal agencies, from the critical and emerging technologies list published by the National Science and Technology Council at the Office of Science and Technology Policy.
(b) In General.--The Secretary shall require the National Foreign Affairs Training Center to provide Foreign Service officers with a course covering Department cyber, digital, and critical and emerging technologies policies.
(c) Annual Training Report.--Not later than 1 year after the date of the enactment of this Act, and annually for the following 5 years, the Secretary shall submit a report to appropriate congressional committees describing the development of the course required under subsection (b), including--
(1) a list of topics covered by the course;
(2) the number of course attendees during the previous calendar year;
(3) where such attendees were subsequently posted or assigned; and
(4) any additional resources required to maintain the course.
(d) Technology Pathway Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress assessing the feasibility and advisability of establishing a dedicated technology pathway for Foreign Service officers.
(e) Report on Restrictive Economic Measures.--
(1) In general.--Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter for the following 4 years, the Secretary shall submit a report to the appropriate congressional committees describing its tools for undertaking restrictive economic measures.
(2) Elements.--Each report required under paragraph (1) shall--
(A) list tools for which--
(i) the Department serves as the lead agency; or
(ii) for which the Department participates in an interagency process and can propose targets or measures, including sanctions, export controls, and investment review mechanisms;
(B) describe the role of the Department in developing, considering, and implementing such measures, including--
(i) the source of the authority; and
(ii) the lead bureau and office for each authority; and
(C) describe the Department's capacity to assess such measures consistent with United States foreign policy objectives.
(3) Form of report.--Each report required under paragraph (2) shall be submitted in unclassified form, but may include a classified annex.
SEC. 8201. STREAMLINING MOVE PROCEDURES.
(a) In General.--The Secretary shall ensure United States diplomatic posts receive support from Department headquarters when conducting a permanent move from one facility to another facility, including by establishing--
(1) a Department move handbook containing best practices, lessons learned from previous post moves, and a repository of templates and resources that is updated not less frequently than every 5 years; and
(2) a feedback loop between move coordinators and the Department headquarters to ensure lessons learned are recorded at the completion of every post move.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees detailing steps the Department has taken to meet the requirements described in subsection (a).
SEC. 8202. STREAMLINING ARCTIC AMBASSADOR RESPONSIBILITIES.
Section 5143 of the Department of State Authorization Act for Fiscal Year 2026 (division E of Public Law 119-60; 22 U.S.C. 2651a note) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g) and (h), respectively; and
(3) in subsection (d)(3), as redesignated, by inserting ", in coordination with the senior officials of the Bureau of European and Eurasian Affairs, the Bureau of Western Hemisphere Affairs, and the Bureau of East Asian and Pacific Affairs," after "Affairs".
SEC. 8203. ADVERSARY ALIGNMENT.
The Secretary shall convene an annual meeting of relevant Department officials covering Iran, the Russian Federation, the People's Republic of China, and the Democratic People's Republic of Korea to discuss how these adversarial countries are--
(1) cooperating;
(2) coordinating on shared priorities;
(3) providing military, economic, intelligence, and diplomatic support to the other countries;
(4) facilitating sanctions evasion, transshipment of controlled goods, and illicit financial activity; and
(5) sharing lessons-learned about ongoing conflicts in which they are involved.
SEC. 8204. STRATEGY ON DEPARTMENT PLAN TO REOPEN DIPLOMATIC
FACILITIES IN SYRIA.
Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a strategy to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives that--
(1) indicates when the Department intends to reinstate a diplomatic presence in Syria;
(2) includes an analysis of the timeline required for the Department to reopen its diplomatic facilities within Syria, including a cost estimate for reopening such facilities;
(3) describes the necessary diplomatic security measures needed to maintain full-time diplomatic operations in Syria; and
(4) includes recommendations for steps the Department could take to improve its ability to establish and maintain full-time diplomatic operations in Syria.
SEC. 8205. AMENDMENT TO REFLECT THE BUREAU OF MEDICAL
SERVICES.
Section 1(p) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(p)) is amended--
(1) in the subsection heading, by striking "Office of" and inserting "Bureau of"; and
(2) in paragraph (1), by striking "Office of Medical Services," and inserting "Bureau of Medical Services".
SEC. 8301. INTERNAL REPORT ON SMART CABLE ANALYTICS.
During the 2-year period beginning on the date of the enactment of this Act, the Secretary shall compile and publish, within the Department, a semiannual report on SMART cable analytics that includes, for every cable transmitted from the Department headquarters in Washington, D.C.--
(1) the date on which the cable was transmitted;
(2) a brief title that reflects the topic of the cable;
(3) the official, bureau, or office within the Department from which the cable originated;
(4) the number of Department employees who received the cable; and
(5) the number of Department employees who opened the cable.
SEC. 8302. GENERATIVE ARTIFICIAL INTELLIGENCE ENABLED
LANGUAGE TRANSLATION.
(a) Program for Language Translation Capabilities.--Section 1(n) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(n)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
"(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.
Text printed in the Record (11,712 characters)
MEGA-DECADE SPORTS DIPLOMACY.
(a) Definitions.--In this section, the terms "American decade of sports" and "mega-decade of sports" mean the major international sporting competitions hosted in the United States between 2024 and 2034, including--
(1) the 2024 Copa America;
(2) the 2025 Club World Cup;
(3) the 2026 FIFA World Cup;
(4) the 2028 Summer Olympics and Paralympics;
(5) the 2031 Men's and 2033 Women's Rugby World Cup; and
(6) the 2034 Winter Olympics and Paralympics.
(b) Mega-decade Sports Diplomacy Strategy.--
(1) Submission of initial strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a 5-year sports diplomacy strategy to strategically leverage the major sporting events being hosted in the United States to enhance United States soft power, diplomatic relationships, and global leadership.
(2) Submission of subsequent strategy.--Not later than 5 years after the date on which the initial strategy is submitted pursuant to paragraph (1), the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a subsequent 5-year strategy that is similar to the strategy required under paragraph (1), but also includes evaluations of lessons learned from international sporting events held in the United States during the previous 5-year period.
(3) Elements.--The strategies required under paragraphs (1) and (2) shall include--
(A) a description of the Department's diplomatic objectives and metrics of success related to the mega-decade of sports;
(B) a plan to partner with local host cities, diaspora communities, creatives, athletes, the sports industry, private sector entities, human rights organizations, and civil society stakeholders surrounding the competitions for the purpose of showcasing United States national strengths and forging new diplomatic connections;
(C) a Department coordination plan for leveraging sporting events to advance various diplomatic lines of effort, including by--
(i) integrating sports diplomacy into regional bureaus' bilateral engagements and efforts to pursue new areas of cooperation with foreign partners;
(ii) integrating sports into public diplomacy to reach new foreign audiences that might not otherwise engage with United States embassies abroad; and
(iii) leveraging sports diplomacy to advance commercial diplomacy;
(D) a description of the financial and personnel support needed to implement the 5-year sports diplomacy strategy; and
(E) any plans to deploy domestic public diplomacy resources, such as the Cultural Unit and Foreign Press Center established during the 1984 Summer Olympic Games, to enable foreign visitors to engage with American culture and values.
(4) Public availability.--The strategies required under paragraphs (1) and (2) shall be made publicly available on an internet website of the Department not later than--
(A) 180 days after the date of the enactment of this Act, with respect to the strategy required under paragraph (1); and
(B) 5 years after the date described in subparagraph (A), with respect to the strategy required under paragraph (2).
(5) Consultation.--The Secretary shall--
(A) consult with the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives regarding the elements of the strategies required under paragraphs (1) and (2) before submitting either strategy; and
(B) provide information regarding the implementation of the most recently submitted strategy every 180 days during the period beginning on the date of such submission and ending on December 31, 2034.
(c) Office of Sports Diplomacy.--
(1) In general.--The Office of Sports Diplomacy (referred to in this subsection as the "Office") is established in the Bureau of Educational and Cultural Affairs of the Department.
(2) Functions.--The Office shall manage sports diplomacy exchange programs and implement the strategies required under subsections (b), including by coordinating with Department and interagency stakeholders--
(A) to coordinate the implementation of the strategy across relevant bureaus, directorates, and offices of the Department;
(B) to work with host cities and their social, political, and economic partners to identify new avenues for engagement with foreign entities;
(C) to engage local diaspora communities to deepen people-to-people connections with foreign visitors and officials;
(D) to partner with the United States sports industry, major sports leagues, and individual athletes to promote new international sports partnerships and sports diplomacy programs;
(E) to collaborate with host cities' international trade and tourism offices to deepen economic and commercial ties with foreign nations; and
(F) to elevate United States arts, film, and music creators to promote cultural exchange and connection with foreign visitors.
(3) Sunset.--This subsection shall cease to have any force or effect beginning on the date that is 10 years after the date of the enactment of this Act.
(d) Annual Implementation Reports.--Not later than 1year after the submission of the strategy required under subsection (b)(1), and annually thereafter until December 31, 2034, the Secretary shall submit a report to the appropriate congressional committees describing the progress made toward achieving the objectives of this section.
SEC. 8402. STRENGTHENING UNITED STATES RESPONSE TO
ADVERSARIAL PROPAGANDA.
Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives related to the Strategy transmitted to Congress on March 6, 2026, entitled "A Comprehensive Strategy to Counter Anti-U.S. Propaganda", which shall--
(1) identify the bureau leading Department efforts to counter foreign adversarial propaganda;
(2) identify the number of full-time personnel, part-time personnel, and contractors, respectively, dedicated to countering foreign adversarial propaganda;
(3) describe how the Department will ensure the use of commercial tools to detect and expose adversarial foreign social media accounts and troll campaigns prioritizes foreign accounts and campaigns aimed at sowing discord in the United States and in allied and partner countries originating in--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran; or
(D) the Democratic People's Republic of Korea;
(4) assess the resources necessary to counter the Russian Federation's efforts to leverage the People's Republic of China's social media platforms; and
(5) describe how the Department will accomplish the action described in paragraph (4) during the 1-year period beginning on the date of the enactment of this Act.
SEC. 8501. REPORT ON CONSULAR AFFAIRS OFFICERS JOINING UNITED
STATES MISSIONS TO PACIFIC ISLAND COUNTRIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Pacific Island countries, especially the Freely Associated States, are close United States partners located across highly strategic waters that are critical for United States national security; and
(2) it is in the national security interests of the United States to maintain and strengthen relations with the governments and citizens of Pacific Island countries.
(b) Defined Term.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Commerce, Science, and Transportation of the Senate;
(5) the Committee on Foreign Affairs of the House of Representatives;
(6) the Committee on Appropriations of the House of Representatives;
(7) the Committee on Armed Services of the House of Representatives; and
(8) the Committee on Energy and Commerce of the House of Representatives.
(c) Report.--
(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with the Commandant of the United States Coast Guard, the Commander of United States Indo-Pacific Command, and the Chief of Naval Operations, shall submit a report to the appropriate committees of Congress that analyzes the feasibility of attaching Department consular officers to Coast Guard and Navy missions in Pacific Island countries.
(2) Elements.--The report required under paragraph (1) shall include--
(A) an assessment of--
(i) the current demand for consular services from citizens of Pacific Island countries; and
(ii) the challenges such citizens face in obtaining consular services;
(B) an assessment of the approximate value, including in time and resources saved, the initiative described in paragraph (1) could save citizens of Pacific Island countries that do not host United States embassies by having their United States consular decisions adjudicated or receiving other consular services;
(C) an assessment of the cost that would be incurred by the Department, the United States Coast Guard, the United States Indo-Pacific Command, and the United States Navy from the implementation of such initiative, including potential alternative cost-effective options and recommendations for providing consular services to citizens of Pacific Island countries;
(D) an assessment of the frequency and duration of Coast Guard and Navy deployments to Pacific Island countries, including--
(i) deployment frequency measured against the desired number of visits;
(ii) the amount of time typically spent in port for such visits; and
(iii) disruptions to planned Coast Guard and Navy missions in order to visit locations needing consular assistance; and
(E) an evaluation of the logistical issues to be addressed to implement the initiative described in paragraph (1), including--
(i) an analysis of the spacing requirements to host Department personnel and equipment aboard the various types of Coast Guard and Navy vessels that make port calls to the Pacific Islands;
(ii) an analysis of the information technology and connectivity requirements to conduct consular affairs activities in the Pacific Islands;
(iii) the feasibility of printing visas aboard Coast Guard and Navy vessels;
(iv) maintaining the physical security of consular officers and relevant adjudication equipment, during such missions;
(v) the impacts to Coast Guard and Navy vessels' operations and security; and
(vi) the estimated time consular officers would spend on board Coast Guard and Navy vessels between visits to Pacific Island countries.
SEC. 8502. SECURE EMBASSY CONSTRUCTION AND COUNTERTERRORISM
ACT OF 2022 IMPLEMENTATION REPORT.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives detailing the steps the Department has taken to implement amendments made to the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R.
Text printed in the Record (10,127 characters)
3427, as enacted into law by section 1000(a)(7) of Public Law 106-113 and contained in appendix G of that Act) after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022 (title XCIII of Public Law 117-263).
(b) Contents.--The report required under subsection (a) shall include--
(1) an overview of the Department's approach to implementing the amendments made to the Secure Embassy Construction and Counterterrorism Act of 1999 by the Secure Embassy Construction and Counterterrorism Act of 2022;
(2) a description of the guidelines the Secretary has adopted to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government (commonly known as an "American Center"), or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999;
(3) a list of every instance in which the Secretary utilized the authorities established by the Secure Embassy Construction and Counterterrorism Act of 2022, including an explanation of why such authorities were determined to be necessary in each instance;
(4) an assessment of cost savings, disaggregated by year and efficiencies gained, by the Department as a result of the amendments to the Secure Embassy Construction and Counterterrorism Act of 1999 made by the Secure Embassy Construction and Counterterrorism Act of 2022; and
(5) an assessment of how, if at all, the Secure Embassy Construction and Counterterrorism Act of 1999 could be further amended to ensure the Department's risk calculus is calibrated in a manner that best advances United States interests abroad, while simultaneously ensuring the safety and security of United States personnel and diplomatic posts.
SEC. 8503. COUNTERINTELLIGENCE UNIT AT ALL CRITICAL
COUNTERINTELLIGENCE THREAT POSTS.
The Secretary shall require that each United States diplomatic post rated critical for counterintelligence threats to employ not fewer than 1 full-time Diplomatic Security agent at all times.
SEC. 8504. AUTHORIZATION OF CERTAIN PUBLIC LIBRARIES TO
COLLECT AND RETAIN FEES FOR THE ACCEPTANCE AND
EXECUTION OF PASSPORT APPLICATIONS.
(a) In General.--Subsection (a) of the Passport Act of June 4, 1920 (22 U.S.C. 214(a)), is amended by adding at the end the following:
"(4) The Secretary of State may authorize a public library that is organized as a nongovernmental organization, a nonprofit, a charitable organization, or a trust and is in compliance with regulations prescribed by the Secretary of State for the acceptance and execution of passport applications--
"(A) to serve as a passport acceptance facility; and
"(B) to collect and retain the execution fee for a passport accepted by such public library.".
(b) Authorization of Public Libraries That Previously Served as Passport Acceptance Facilities.--
(1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall authorize any public library to serve as a passport acceptance facility and to collect and retain an execution fee for a passport accepted by such library, if, before the date of the enactment of this Act, such public library--
(A) had served as a passport acceptance facility; and
(B) was in compliance with the regulations prescribed by the Secretary for the acceptance and execution of passport applications.
(2) Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes--
(A) documentation of the Secretary's compliance with the requirements described in paragraph (1); or
(B) if the Secretary is not in compliance with such requirements, an explanation for such noncompliance.
(c) Conforming Amendment.--Subsection (a)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(a)(1)), is amended--
(1) by striking "State officials or the United States Postal Service" and inserting "a State, a local government, the United States Postal Service, or a public library that meets the requirements described in paragraph (4)"; and
(2) by striking "by such officials or by that Service." and inserting "by such State, local government, Postal Service, or public library.".
SEC. 8505. REVIEW OF TOUR LENGTHS FOR FOREIGN SERVICE
OFFICERS AT CRITICAL HUMAN INTELLIGENCE THREAT
POSTS.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives that--
(1) evaluates the length of Foreign Service postings at critical Human Intelligence threat posts identified in the Security Environment Threat List;
(2) assesses the counterintelligence or safety risks of current tour of duty lengths;
(3) determines whether changes at specific posts are necessary to mitigate counterintelligence safety risks referred to in paragraph (2); and
(4) describes the changes the Department is making in accordance with the determination under paragraph (3) and the timeline for implementing such changes.
SEC. 8506. MODERNIZATION OF CONSULAR FORMS.
(a) In General.--The Secretary shall ensure that all consular forms managed by the Bureau of Consular Affairs are mobile responsive and have an electronic signature option.
(b) Briefing and Certification.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall--
(1) brief the appropriate congressional committees regarding the status of the modernization efforts described in subsection (a); and
(2) submit written certification to the appropriate congressional committees that all consular forms managed by the Bureau of Consular Affairs are mobile responsive and have an electronic signature option.
(c) Rule of Construction.--The requirement under subsection (a) may not be construed as a requirement to eliminate any paper forms.
SEC. 8507. EXPANSION OF LIMITED CONSULAR APPOINTMENT
AUTHORITY.
Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949) is amended--
(1) in subsection (a), by inserting ", or 8 years in duration for personnel performing consular services," after "may not exceed 5 years in duration"; and
(2) in subsection (b)(6)--
(A) in subparagraph (A), by striking "or" at the end;
(B) in subparagraph (B), by striking the period at the end and inserting "; or"; and
(C) by adding at the end the following:
"(C) a limited noncareer appointment for a period not to exceed 2 years, in the case of personnel performing consular services.".
SEC. 8508. REPORT ON INDEFINITE SUSPENSIONS FOR MEMBERS OF
THE CIVIL SERVICE.
Section 610(c)(5) of the Foreign Service Act of 1980 (22 U.S.C. 4010(c)(5)) is amended by inserting "and each member of the Civil Service whose security clearance remains suspended for more than one calendar year" after "one calendar year".
SEC. 8509. ARTIFICIAL INTELLIGENCE USE FOR ONLINE PRESENCE
REVIEW.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the integration of artificial intelligence (referred to in this section as "AI") into Consular Affairs work for visa adjudication requires measures to be taken to reduce the likelihood of negative results or discriminatory outcomes; and
(2) as AI technologies are utilized for efficiency, human oversight remains critical and visa adjudication decisions must ultimately rest with consular officers.
(b) Report on Implementation of AI for Online Presence Review.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees describing how the Department uses AI to review the online presence and other information of visa candidates.
(c) Report Elements.--The report required under subsection (b) shall describe--
(1) the Bureau of Diplomatic Technology's implementation plan;
(2) the specific ways consular officers are using AI in the visa adjudication process;
(3) how AI is being used to identify information and how such information is analyzed; and
(4) safeguards that are in place to protect the privacy of visa candidates, particularly minors.
SEC. 8601. AU PAIR REGULATION.
(a) Clarification of Exclusive Federal Regulatory Authority.--
(1) In general.--A State or political subdivision of a State may not enact or enforce a law, regulation, or other provision having the force or effect of law related to or that would impose additional or different terms or conditions upon the au pair program administered by the Department.
(2) Rule of construction.--Nothing in this section may be construed to limit the application of State laws of general applicability, including criminal laws, that are unrelated to and do not alter or affect any area of Federal regulation applicable to the Department's au pair program.
(b) Revised Proposed Rule.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall conduct an assessment and submit to the President a proposed rule that--
(1) provides a uniform national modification that--
(A) increases the stipend and the educational stipend provided by a host family to an au pair;
(B) reflects the room, board, and other programmatic costs borne by a host family; and
(C) sustains the same level of program participation by both au pairs and host families;
(2) enhances flexibility in the au pair program to accommodate unique family scheduling needs, including military families, first responders, single parents, shift workers, and other host families with non-traditional work schedules;
(3) ensures necessary safeguards are updated to protect the health and safety of au pairs, host families, and their children; and
(4) promotes the immersion of an au pair into the family life of their host family, consistent with the cultural exchange purposes of the au pair program.
SEC. 8602.
Text printed in the Record (11,286 characters)
REQUIREMENT FOR THINK TANKS TO DISCLOSE FOREIGN
FUNDING.
(a) Definitions.--In this section:
(1) Covered organization.--The term "covered organization" means any United States think tank that received funding, including in the form of grants, from the Department in the previous calendar year.
(2) Covered source of funding.--The term "covered source of funding" means a foreign governmental entity from the People's Republic of China, the Islamic Republic of Iran, or the Russian Federation.
(3) Foreign governmental entity.--The term "foreign governmental entity" means--
(A) any department, agency, or other entity of a foreign government at the national, regional, or local level;
(B) any governing party or coalition of such a government, including subsidiary national, regional, or local level entities;
(C) any entity majority-owned or majority-controlled by such a government; or
(D) any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by such a government or advisors, consultants, or representatives of such a government.
(4) Think tank.--The term "think tank" means a stand-alone institution, organization, corporation, or group that studies public policy issues with the primary objective of providing information, ideas, and recommendations to United States Government entities regarding the development and implementation of policy.
(b) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations requiring covered organizations to submit an annual disclosure to the Under Secretary of State for Management that describes--
(1) any funding, cooperative research or staffing agreements, or joint projects--
(A) received from or executed with a covered source of funding; and
(B) the purpose or subject of which relates to a topic the covered organization engages on with the Department; and
(2) any practices or processes undertaken by the covered organization to ensure that its research agenda or products are not influenced by covered sources of funding.
(c) Report Required.--Not later than 120 days after the effective date of the regulations prescribed under subsection (b), the Secretary shall submit a report to the appropriate congressional committees that describes--
(1) the status of implementing the regulations and any challenges or obstacles to such implementation;
(2) the offices within the Department that are responsible for implementing the regulations; and
(3) any recommendations to improve upon the regulations required under this section to overcome challenges to implementation.
SEC. 8603. MARKING AND BRANDING.
(a) In General.--Section 641 of the Foreign Assistance Act of 1961 (22 U.S.C. 2401) is amended to read as follows:
"SEC. 641. MARKING AND BRANDING.
"The Secretary of State, in coordination with the heads of other relevant Federal departments and agencies implementing covered United States international assistance programs and funds, and with due consideration for the safety and security of implementing partners and beneficiaries, shall establish and prescribe the use of uniform branding and marking requirements to appropriately identify all goods provided to foreign beneficiaries under this Act, which shall include the flag of the United States and the words `from the American people'.".
(b) Audit.--Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department, or any equivalent or successor Inspector General charged with overseeing covered United States international assistance programs and funds, shall submit a report to the appropriate congressional committees containing the results of an audit of compliance with relevant branding and marking requirements by partners implementing such programs and funds, including any requirements prescribed pursuant to section 641 of the Foreign Assistance Act of 1961, as amended by subsection (a).
(c) Definitions.--In this section, the term "covered United States international assistance programs and funds" means United States international assistance authorized to be appropriated or otherwise made available to carry out--
(1) chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 22 U.S.C. 2293 et seq.), relating to Development Assistance or Global Health Programs;
(2) chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.), relating to International Disaster Assistance and Transition Initiatives;
(3) chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) relating to Economic Support Funds;
(4) the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) relating to the Democracy Fund;
(5) chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the FREEDOM Support Act (Public Law 102-511; 22 U.S.C. 5801 et seq.), and the Support for Eastern European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C. 5401 et seq.), relating to Assistance for Europe, Eurasia, and Central Asia;
(6) subsections (a), (b), and (c) of section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), relating to Migration
and Refugee Assistance and Emergency Migration and Refugee Assistance;
(7) the Food for Peace Act (7 U.S.C. 1691 et seq.);
(8) section 509(b) of the Global Fragility Act of 2019 (title V of division J of Public Law 116-94), relating to the Complex Crisis Fund;
(9) the Global Health Security and International Pandemic Prevention, Preparedness, and Response Act of 2022 (subtitle D of title LV of division E of Public Law 117-263; 22 U.S.C. 2151b note);
(10) the United States African Development Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.);
(11) the provisions of section 401(b) of the Foreign Assistance Act of 1969 (22 U.S.C. 290f(b)) relating to the Inter-American Foundation; and
(12) section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421), relating to the United States Trade and Development Agency.
SEC. 8604. PERMITTING FOR INTERNATIONAL BRIDGES AND LAND
PORTS OF ENTRY.
Section 6 of the International Bridge Act of 1972 (33 U.S.C. 535d) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking "December 31, 2024," and inserting "December 31, 2035,"; and
(ii) by striking subparagraphs (A), (B), and (C), and inserting the following:
"(A) An international bridge between the United States and Mexico.
"(B) An international bridge between the United States and Canada.
"(C) A port of entry on the international land border between the United States and Mexico.
"(D) A port of entry on the international land border between the United States and Canada."; and
(B) in paragraph (2)(A)(ii), by inserting "or land port of entry" after "international bridge";
(2) in subsection (b), by inserting "or land port of entry" after "international bridge";
(3) in subsection (c)(2), by inserting "or land port of entry" after "international bridge";
(4) in subsection (f), by inserting "or land port of entry" after "international bridge" each place it appears.
SEC. 8605. ARMS EXPORT CONTROL ACT INCREASE FOR DIRECT
COMMERCIAL CONTRACTS AUTHORITY.
Section 23(h) of the Arms Export Control Act (22 U.S.C. 2763(h)) is amended by striking "$100,000,000" and inserting "$300,000,000".
SEC. 8606. SUNSETTING THE 180-DAY COVID OBLIGATION AND
EXPENDITURE REPORTS.
Section 406(b) of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116-123) is amended by striking "until all funds have been expended" and inserting "through Fiscal Year 2026".
SEC. 8607. CONGRESSIONAL DELEGATIONS.
Section 5172 of the Department of State Authorization Act for Fiscal Year 2026 (division E of Public Law 119-60; 22 U.S.C. 2680 note) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
"(c) Decisions Not to Support Travel.--
"(1) In general.--Any decision not to support congressional travel shall rest exclusively with the Chief of Mission of the relevant country or the Secretary of State and may not be delegated to any other official.
"(2) Justification.--Not later than 5 days after a decision not to support congressional travel, the deciding official shall provide the head of the congressional delegation with a specific written justification for such decision.".
SEC. 8608. MODIFICATION OF THE SPECIAL RULE FOR COUNTRIES
DOWNGRADED FROM AND REINSTATED TO THE TIER 2
WATCH LIST IN THE TRAFFICKING IN PERSONS
REPORT.
(a) Modification to Special Rule for Downgraded and Reinstated Countries.--Section 110(b)(2)(F) of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C. 7107(b)(2)(F)) is amended--
(1) in the matter preceding clause (i), by striking "the special watch list" and all that follows through "the country--" and inserting "the Tier 2 watch list described in subparagraph (A) for more than 2 years immediately after the country consecutively--";
(2) in clause (i), in the matter preceding subclause (I), by striking "the special watch list described in subparagraph (A)(iii)" and inserting "the Tier 2 watch list described in subparagraph (A)"; and
(3) in clause (ii), by inserting "in the year following such waiver under subparagraph (D)(ii)" before the period at the end.
SEC. 8609. UNITED STATES SUPPORT TO UNITED NATIONS
PEACEKEEPING DUPLICATIVE REPORTING.
Section 4(d)(5)(B) of the United Nations Participation Act of 1945 (22 U.S.C. 287b(d)(5)(B)), is hereby repealed.
SEC. 8610. RESTRICTIONS ON STINGER MISSILE TRANSFERS TO
BAHRAIN.
Section 581(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167), is amended--
(1) in the subsection heading, by striking "Replacement";
(2) in the matter preceding paragraph (1), by striking "in order to replace," and all that follows through "or otherwise destroyed";
(3) in paragraph (1), by striking "Replacement"; and
(4) in paragraph (2), by striking "replacement".
SEC. 8611. CHANGE TO THE MISSILE SANCTIONS LAWS STATUTORY
REFERENCES.
(a) Violations by United States Persons.--Section 11B(a) of the Export Administration Act of 1979 (50 U.S.C. 4612(a)) is amended--
(1) in paragraph (1)(A)(i), by striking "section 5 or 6 of this Act" and inserting "section 1753 of the Export Controls Act of 2018 (50 U.S.C. 4813)"; and
(2) in paragraph (2), by striking "section 11 of this Act" and inserting "section 1754 of the Export Controls Act of 2018 (50 U.S.C. 4819)".
(b) Presumption That Item Is Designed for Use in a Missile.--Section 73(f) of the Arms Export Control Act (22 U.S.C. 2797b(f)) is amended by striking "for purposes of 4605(j)(1)(A) of title 50" and inserting "for purposes of section 1754 of the Export Controls Act of 2018 (50 U.S.C. 4813(c)(1)(A))".
SEC. 8612. CONGRESSIONAL NOTIFICATIONS UNDER THE ARMS EXPORT
CONTROL ACT.
(a) Dollar Amount Thresholds.--The Arms Export Control Act (22 U.S.C.
Text printed in the Record (10,382 characters)
2751 et seq.) is amended--
(1) in sections 3(d)(1), 3(d)(3)(A), 36(b)(1), 36(b)(5)(C), 36(c)(1), and 63(a)(1), by striking "$14,000,000" each place it appears and inserting "$25,000,000 (as adjusted pursuant to section 48)";
(2) in sections 3(d)(1), 3(d)(3)(A), 36(b)(1), 36(b)(5)(C), 36(c)(1), 47(6), 63(a)(1), and 71(d), by striking "$50,000,000" each place it appears and inserting "$88,000,000 (as adjusted pursuant to section 48)";
(3) in sections 3(d)(5)(A), 36(b)(6)(A), 36(c)(5)(A), and 63(a)(2)(A), by striking "$25,000,000" each place it appears and inserting "$44,000,000 (as adjusted pursuant to section 48)";
(4) in sections 3(d)(5)(B), 36(b)(6)(B), 36(c)(5)(B), and 63(a)(2)(B), by striking "$100,000,000" each place it appears and inserting "$175,000,000 (as adjusted pursuant to section 48)";
(5) in section 25(a)(1)--
(A) by striking "$7,000,000" and inserting "$12,000,000 (as adjusted pursuant to section 48)"; and
(B) by striking "25,000,000" and inserting "44,000,000 (as adjusted pursuant to section 48)";
(6) in section 36(a)(10), by striking "$250,000" each place it appears and inserting "$440,000 (as adjusted pursuant to section 48)";
(7) in sections 36(b)(1), 36(b)(5)(C), and 47(6), by striking "$200,000,000" each place it appears and inserting "$350,000,000 (as adjusted pursuant to section 48)";
(8) in section 36(b)(6)(C), by striking "$300,000,000" and inserting "$526,000,000 (as adjusted pursuant to section 48)"; and
(9) by adding after section 47 the following:
"SEC. 48. ADJUSTMENTS FOR INFLATION.
"(a) In General.--On the date that is 3 years after the date of the enactment of this section, and every 3 years thereafter, the amounts specified in subsection (b) shall be adjusted to reflect the percentage increase (if any) in inflation, as reflected by the increase in the average of the Consumer Price Index during the previous 3 years.
"(b) Amounts Specified.--The amounts specified in this subsection are the dollar amounts in--
"(1) paragraphs (1), (3)(A), (5)(A), and (5)(B) of section 3(d);
"(2) section 25(a)(1);
"(3) subsections (a)(10), (b)(1), (b)(5)(C), (b)(6)(A), (b)(6)(B), (b)(6)(C), (c)(1), (c)(5)(A), and (c)(5)(B) of section 36;
"(4) section 47(6);
"(5) paragraphs (1), (2)(A), and (2)(B) of section 63(a); and
"(6) section 71(d).
"(c) Defined Term.--In this section, the term `Consumer Price Index' means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.".
(b) Information.--
(1) Foreign military sales.--Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended, in the matter preceding subparagraph (A), by inserting, after "of such technology.", the following: "Upon the initial introduction of a new system or capability for the recipient country, such numbered certification shall also contain, submitted by the President, detailed information on how the proposed sale contributes to the United States' foreign policy objectives regarding that country and region, as well as how those objectives are being implemented and measured by the United States Mission in that country and the Department's relevant regional and functional bureaus.".
(2) Direct commercial sales.--Section 36(c)(1) of such Act (22 U.S.C. 2776(c)(1)) is amended--
(A) by striking "and (C) a description of the items to be exported" and inserting "(C) a description of the items to be exported, and (D) the timeline for delivery of the items to be exported"; and
(B) by inserting, after "such offset agreement.", the following: "Upon the initial introduction of a new system or capability for
the recipient country, such numbered certification shall also contain, submitted by the President, detailed information on how the proposed export contributes to the United States' foreign policy objectives regarding that country and region, as well as how those objectives are being implemented and measured by the United States Mission in that country and the Department's relevant regional and functional bureaus.".
(c) Quarterly Briefings.--Section 36 of such Act (22 U.S.C. 2776) is amended by adding at the end the following:
"(j) Quarterly Briefings.--Not less frequently than quarterly, the Secretary of State shall provide to the Committee on Foreign Relations of the Senate an unclassified briefing on the letters of offers to sell, and licenses to export, defense articles or defense services under this Act issued during the preceding quarter for which a certification was not required to be submitted to Congress under subsection (b) or (c).".
SEC. 8613. REPORT ON CRITICAL LANGUAGE EXPERTISE.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) maintaining a robust cohort of Foreign Service officers proficient in critical languages is vital to United States national security; and
(2) the Department should take efforts to address unnecessary delays in assigning Foreign Service officers who possess the requisite language proficiencies to critical United States missions.
(b) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on current expertise in critical languages at the Department.
(c) Elements.--The report required under subsection (a) shall include the following elements:
(1) The number of speakers with Interagency Language Roundtable proficiency of 2+/3 or above in the Foreign Service and the Civil Service.
(2) A description of how the number of Department employees with proficiency in critical languages has changed over the most recent 5-year period.
(3) A summary of the Department's workforce incentives to develop critical language training and expertise.
(4) An assessment of whether the Department's current critical language capacity is sufficient to address the Department's global workforce needs, including with regard to strategic competition with the People's Republic of China.
(5) A description of any obstacles to assigning Department employees who already possess the requisite foreign language proficiency to critical United States missions, including the People's Republic of China, in a timely manner.
(6) A description of the critical language activities carried out by Foreign Service officers or Civil Service officers compared to activities carried out by contracted professional translators, including a justification for why contracted translators are utilized for particular activities.
SEC. 8614. USE OF ARTIFICIAL INTELLIGENCE TO MEET
CONGRESSIONAL REPORTING REQUIREMENTS.
(a) In General.--Every report the Department submits to the appropriate congressional committees shall contain--
(1) a disclosure indicating whether artificial intelligence tools were used to produce any part of the content of the report transmitted; and
(2) a certification that the report was reviewed and verified by a human user prior to submission.
SEC. 8615. MILLENNIUM CHALLENGE CORPORATION COMPACTS.
Section 609(j) of the Millennium Challenge Act of 2003 (22 U.S.C. 7708) is amended by adding the end the following new subsection:
"(m) Other Matters.--Funds appropriated or otherwise made available for a Compact under this section may only be obligated if--
"(1) such Compact obligates, or contains a commitment to obligate subject to the availability of appropriations and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact; and
"(2) the Chief Executive Officer consults with the appropriate congressional committees at the commencement of the implementation period of a Compact.".
SEC. 8616. OFFICE OF THE INSPECTOR GENERAL FOR FOREIGN
ASSISTANCE.
(a) Purpose.--The purpose of this section is to provide for the independent and objective conduct and supervision of audits and investigations relating to the programs and operations funded with amounts authorized to be appropriated or otherwise made available for foreign assistance.
(b) Definitions.--In this section:
(1) Appropriate committees of congress .--The term "appropriate committees of Congress" means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Appropriations of the House of Representatives;
(E) the Committee on Foreign Affairs of the House of Representatives; and
(F) the Committee on Oversight and Government Reform of the House of Representatives.
(2) Foreign assistance.--The term "foreign assistance" means amounts authorized to be appropriated or otherwise made available for any fiscal year for--
(A) programs currently or previously administered by the United States Agency for International Development and programs currently or previously administered by the Millennium Challenge Corporation, the United States African Development Foundation, or the Inter-American Foundation;
(B) programs funded with appropriations, other than Department of Defense appropriations, for foreign assistance programs administered pursuant to part I, chapters 1, 3, 8, 9, and 10 and part II, chapter 4 of the Foreign Assistance Act (22 U.S.C. 2151 et seq., 2292 et seq., 2293 et seq., 2346 et seq.), sections 2(a) through (c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), the Food for Peace Act (7 U.S.C. 1691 et seq.), the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.), the United States African Development Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.), and the Food for Progress Act of 1985 (7 U.S.C. 1736o), or successor legislation;
(C) any other non-military foreign assistance programs including global health, development assistance, international disaster assistance, food assistance and food security, and economic support; and
(D) with regard to USAID, any other matter within the preview of the Office of the Inspector General for USAID upon the date of enactment of this Act.
(c) Office of the Inspector General for Foreign Assistance.--The Office of the Inspector General for the United States Agency for International Development is hereby redesignated as the "Office of the Inspector General for Foreign Assistance".
Text printed in the Record (11,688 characters)
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 committees of Congress (as defined in section 8616(b) of the National Defense Authorization Act for Fiscal Year 2027) without delay.";
(E) in subsection (d), as redesignated, by striking "of the Agency for International Development" and inserting "for Foreign Assistance";
(F) in subsection (e), as redesignated, by striking "Administrator of the Agency for International Development" and inserting "Secretary of State"; and
(G) in subsection (f), as redesignated, by striking "of the Agency for International Development" and inserting "for Foreign Assistance"; and
(5) in section 419(c)(3), by striking "of the United States Agency for International Development" and inserting "for Foreign Assistance".
(e) Availability of Previously Appropriated Funds.--Amounts otherwise available to the Office of Inspector General for the United States Agency for International Development shall remain available for the Office of the Inspector General for Foreign Assistance.
SEC. 8617. STRATEGY ON MARITIME ECONOMIC RESILIENCE.
Not later than 120 days after the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a strategy on how United States economic assistance and international diplomatic engagement can better support maritime economies and exclusive economic zones. Such strategy shall include--
(1) a study on the regulatory and commercial barriers that hinder maritime economies;
(2) how the Department can improve interagency coordination to support the growth of maritime economies;
(3) the role external influence and actors, including the Russian Federation, the People's Republic of China, and the Islamic Republic of Iran play in impacting maritime economies;
(4) an analysis of regional efforts to strengthen maritime economies and the role the United States can play in supporting such cross-regional efforts;
(5) an assessment of beneficial training and exchange programs that center on supporting coastal communities, fisheries, ocean finance, industry expansion, and coastal and marine tourism, offshore energy production and transportation; and
(6) recommendations on--
(A) feasible programming that links commercial diplomacy with maritime economic development and exclusive maritime economic zones; and
(B) the role United States businesses can play in expanding and supporting partner countries emerging markets related to maritime economies.
(C) improving cooperation with allies on critical undersea infrastructure protection.
SEC. 8618. MODERNIZATION OF INTERNATIONAL AGREEMENTS RELATED
TO CRITICAL UNDERSEA INFRASTRUCTURE.
(a) Diplomatic Engagement Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the heads of relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report containing--
(1) the findings of a review of international agreements relating to critical undersea infrastructure, including the Convention for the Protection of Submarine Telegraph Cables of 1884 (referred to in this section as the "1884 Convention"); and
(2) a plan to modernize the agreements referred to in paragraph (1), if applicable, or pursue new or additional bilateral or multinational agreements to address gaps or ambiguities in the legal protections applicable to the installation, operation, or protection of critical undersea infrastructure.
(b) Consultation With Congress.--In conducting the review required under subsection (a)(1), the Secretary shall consult with the appropriate congressional committees.
(c) Engagement With International Stakeholders.--In conducting the review required under subsection (a)(1), the Secretary shall seek to engage, as appropriate, other relevant international stakeholders to support negotiation of agreements described in subsection (a)(2).
(d) Coordination With Industry.--The Secretary shall consult with private owners and operators of critical undersea infrastructure, as appropriate, in conducting the review required under subsection (a)(1).
(e) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress describing--
(1) the status of diplomatic efforts undertaken pursuant to subsection (a);
(2) the positions of other parties to the 1884 Convention and key non-party states with respect to modernization, including any diplomatic efforts to encourage additional countries to become signatories to the 1884 Convention, pending the review required under subsection (a)(1); and
(3) any obstacles to concluding a successor agreement or protocol and proposed measures to address those obstacles.
(f) Form.--The reports required under subsections (a) and (e) shall be submitted in unclassified form, but may include a classified annex.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Commerce, Science, and Transportation of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Energy and Commerce of the House of Representatives.
(2) Critical undersea infrastructure.--The term "critical undersea infrastructure" means subsea communications infrastructure and subsea energy infrastructure.
(3) Relevant federal departments and agencies.--The term "relevant Federal departments and agencies" means--
(A) the Federal Communications Commission;
(B) the National Telecommunications and Information Administration;
(C) the National Oceanic and Atmospheric Administration;
(D) the Maritime Administration;
(E) the Pipeline and Hazardous Materials Safety Administration;
(F) the United States Coast Guard; and
(G) any other Federal department or agency designated by the Secretary.
(4) Subsea communications infrastructure.--The term "subsea communications infrastructure" has the meaning given the term "submarine cable system" in section 1.70001(h) of title 47, Code of Federal Regulations, and any subsequent update to such definition.
(5) Subsea energy infrastructure.--The term "subsea energy infrastructure" means--
(A) subsea cables, pipelines, and other equipment installed on, beneath, or within the seabed for the purpose of--
(i) transmitting electricity, including via subsea electricity cables, subsea electricity transformers, or equipment related to the support of offshore energy production installations; or
(ii) transporting natural gas, oil, or hydrogen between land-based or off-shore infrastructure; and
(B) landing stations and facilities associated with the infrastructure described in clauses (i) or (ii) of subparagraph (A).
SEC. 8619.
Text printed in the Record (9,246 characters)
EMBASSY EVACUATION AND NOTIFICATION PLANNING.
(a) Methodology to Capture Lessons Learned From Prior Embassy Evacuations.--The Secretary shall develop a formal, systematic methodology to capture lessons learned from prior embassy evacuations.
(b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives the methodology to capture lessons learned from prior embassy evacuations.
SEC. 8620. YOUNG AFRICAN LEADERS INITIATIVE.
(a) Short Titles.--This section may be cited as the "Young African Leaders Initiative Act of 2026" or the "YALI Act of 2026".
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Young African Leaders Initiative, launched in 2010, is a signature effort to invest in the next generation of African leaders;
(2) Africa is a continent of strategic importance and it is vital for the United States to support strong and enduring partnerships with the next generation of African leaders;
(3) the United States Government should prioritize investments to build the capacity of emerging young African leaders in sub-Saharan Africa, including through efforts that--
(A) enhance leadership skills;
(B) encourage entrepreneurship;
(C) strengthen public administration and the role of civil society; and
(D) connect young African leaders continentally and globally across the private, civic, and public sectors; and
(4) youth in Africa have a positive impact on efforts to foster economic growth, improve public sector transparency and governance, and counter extremism and should be an area of focus for United States outreach on the African continent.
(c) Young African Leaders Initiative.--
(1) In general.--There is established the Young African Leaders Initiative (referred to in this section as "YALI"), which shall be carried out by the Secretary.
(2) Purpose.--YALI shall seek to build the capacity of young African leaders in sub-Saharan Africa in the areas of business, civic engagement, or public administration, including through efforts that--
(A) support young African leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, internationally recognized human rights, entrepreneurship, good governance, peace and security, and public administration; and
(B) build relationships with African leaders to promote economic growth, strengthen ties between United States and African businesses, build resilience to predatory lending practices, and improve capacity in key economic areas such as tendering, bidding, and contract negotiations, budget management and oversight, anti-corruption, and establishment of clear policy and regulatory practices.
(3) Fellowships.--
(A) In general.--YALI shall support the participation in the United States in the Mandela Washington Fellowship for Young African Leaders of fellows from Africa who--
(i) are between 21 and 35 years of age;
(ii) have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership; and
(iii) have had a positive impact in their communities, organizations, or institutions.
(B) Oversight.--The fellowships described in subparagraph (A) shall be overseen by the Secretary through the Bureau of Educational and Cultural Affairs.
(C) Eligibility.--The Secretary shall establish and publish--
(i) eligibility criteria for participation as a fellow under subparagraph (A); and
(ii) criteria for determining which eligible applicants will be selected.
(4) Reciprocal exchanges.--Subject to the approval of the Secretary, United States citizens may--
(A) engage in reciprocal exchanges in connection with alumni of the fellowship described in paragraph (3); and
(B) collaborate on projects with such fellowship alumni.
(5) Activities.--
(A) United states-based activities.--The Secretary, in coordination with the heads of relevant Federal departments and agencies, shall oversee all United States-based activities carried out under YALI, including--
(i) the participation of Mandela Washington Fellows in a 6-week Leadership Institute at a United States educational institution in business, civic engagement, or public management, including academic sessions, site visits, professional networking opportunities, leadership training, community service, and organized cultural activities; and
(ii) the participation by Mandela Washington fellows in an annual Mandela Washington Fellowship Summit, to provide such Fellows the opportunity to meet with United States leaders from the private, public, and nonprofit sectors.
(B) Implementation.--The Secretary, in coordination with the heads of other relevant Federal departments and agencies, shall carry out this subsection by seeking to partner with the private sector--
(i) to pursue public-private partnerships;
(ii) to leverage private sector expertise;
(iii) to expand networking opportunities; and
(iv) to identify funding and fellowship opportunities for YALI.
(6) Implementation plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal departments and agencies, shall submit a plan to the appropriate congressional committees for implementing YALI, including--
(A) a description of clearly defined program goals, targets, and planned outcomes for each year and for the duration of implementation of the program;
(B) a strategy to monitor and evaluate the program and progress made toward achieving such goals, targets, and planned outcomes; and
(C) a strategy to ensure the program is promoting United States foreign policy goals in Africa, including ensuring that the program is clearly branded, paired with robust public diplomacy efforts, and incorporates participants from a variety of countries, including communities in Africa facing economic distress, civil conflict, persecution, and other challenges.
(7) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 4 years, the Secretary shall submit to the appropriate congressional committees, and publish in a publicly accessible, internet-based form, a report that includes--
(A) a description of the progress made toward achieving the goals, targets, and planned outcomes referred to in paragraph (6)(A), including an overview of the program implemented in the previous year and an estimated number of beneficiaries;
(B) an assessment of how YALI is contributing to and promoting United States-Africa relations, particularly in areas of increased private sector investment, trade promotion, support to civil society, improved public administration, promoting peace and security, and fostering entrepreneurship and youth empowerment; and
(C) recommendations for improvements or changes to YALI and the implementation plan, if any, that would improve their effectiveness during subsequent years of YALI's implementation.
(8) Defined term.--In this subsection, the term "appropriate congressional committees" means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives.
(d) Sunset.--The requirements set forth in paragraphs (6) and (7) of subsections (c) shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act.
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.
Text printed in the Record (11,821 characters)
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. IMPOSITION OF SANCTIONS WITH RESPECT TO VESSELS
SUSPECTED OF PARTICIPATION IN OR SUPPORT OF THE
RUSSIAN SHADOW FLEET.
(a) In General.--Beginning on the date of the enactment of this Act, the President may impose the sanctions described in section 8709 with respect to any Russian shadow fleet vessel that, on or after the date of the enactment of this Act, transports Russian-origin petroleum or petroleum products in circumvention of sanctions imposed with respect to the Russian Federation by the United States, the United Kingdom, the European Union, or other countries, including--
(1) any Russian shadow fleet vessel the owner or operator of which knowingly--
(A) exhibits or engages in unsafe or nonstandard maritime behavior in furtherance of the transportation of Russian-origin petroleum products that originated in the Russian Federation; or
(B) lacks adequate maritime insurance for the transport of goods described in subparagraph (A);
(2) any foreign person that the President determines knowingly--
(A) owns, operates, or manages a vessel described in paragraph (1);
(B) provides underwriting services or insurance or reinsurance necessary for such a vessel after sanctions are imposed with respect to the vessel;
(C) facilitates deceptive or structured transactions to support a vessel described in paragraph (1);
(D) provides services or facilities for technology upgrades or installation of equipment for, or retrofitting or tethering of, a vessel described in paragraph (1) for the purpose of evading sanctions;
(E) provides services for the testing, inspection, or certification for a vessel described in paragraph (1) for the purpose of evading sanctions;
(F) serves as a master of such a vessel; or
(G) transfers or leases to the Russian Federation, or otherwise makes available for use involving any sanctioned Russian entity, any foreign vessel designed to transport petroleum products, including liquified natural gas.
(b) Vessels Subject to Sanctions by the United Kingdom or the European Union.--Beginning on the date of the enactment of this Act, the President may impose the sanctions described in section 8709 with respect to any vessel that, on or after such date of enactment, is--
(1) subject to sanctions with respect to the Russian Federation imposed by the United Kingdom, the European Union, the Group of 7, or a member of the Five Eyes intelligence alliance; or
(2) owned or operated by a person subject to such sanctions.
(c) Indicators of Unsafe or Nonstandard Maritime Behavior.--In determining under subsection (a)(1)(A) if a vessel is exhibiting or engaged in unsafe or nonstandard maritime behavior, the President may use as prima facie evidence that the vessel is exhibiting or engaged in such behavior if the vessel has exhibited 3 or more indicators of such behavior, including the following:
(1) Has refused to take on a pilot in accordance with best practices of the International Maritime Organization.
(2) Does not respond when hailed by appropriate maritime authority.
(3) Turns off the Automatic Identification System of the vessel without explanation or report to the appropriate maritime authority within a reasonable period of time.
(4) Engages in unsafe maritime maneuvers with another vessel.
(5) Is uninsured or underinsured, including any vessel that is insured by an insurance company organized under the laws of the Russian Federation or the Islamic Republic of Iran.
(6) Is single-hulled contrary to standards of the International Maritime Organization.
(7) Has changed ownership or flag registry more than once in the previous year.
(8) Has a history of deliberately losing power or turning off transmitters without a compelling security need.
(9) Has not been properly maintained, based on credible evidence.
(10) Has been involved in a recent maritime or environmental incident.
(11) Is escorted by the military of the Russian Federation.
(12) Has engaged in sabotage activities.
(d) Report.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that describes any sanctions imposed under this section, including a brief description of each foreign person and foreign vessel with respect to which sanctions are imposed and the justification for such sanctions.
SEC. 8702A. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
PERSONS THAT SUPPORT RUSSIAN ILLICIT SHIPPING
WITH VESSELS SUBJECT TO UNITED STATES
SANCTIONS.
(a) In General.--Beginning on the date of the enactment of this Act, the President may impose the sanctions described in section 8709 with respect to a foreign person if the President determines that the foreign person, on or after the date of the enactment of this Act, has engaged in a transaction described in subsection (b) with a Russian shadow fleet vessel that is subject to sanctions imposed by the United States.
(b) Transactions Described.--A transaction described in this subsection is any of the following:
(1) The conduct of any ship-to-ship transfer involving Russian-origin petroleum products with a Russian shadow fleet vessel.
(2) The provision of significant goods or services in support of a Russian shadow fleet vessel with the knowledge that the vessel is subject to sanctions imposed by the United States, unless such goods or services are provided to respond to an emergency.
(3) In the case of the owner or operator of a foreign port, allowing a Russian shadow fleet vessel to port or otherwise receive services at the foreign port, unless that vessel needs to port or receive services as a result of an emergency.
(4) In the case of a foreign person that is the owner or operator of a refinery, knowingly engaging in a transaction to process, refine, or otherwise deal in any Russian Federation-origin petroleum products that were transported on a Russian shadow fleet vessel.
SEC. 8702B. IMPOSITION OF SANCTIONS WITH RESPECT TO PORT
TERMINALS ACCEPTING OIL FROM RUSSIAN SHADOW
FLEET VESSELS.
Beginning on the date that is 15 days after the date of the enactment of this Act, the President may impose the sanctions described in section 8709 with respect to any foreign person that owns or operates a port in the People's Republic of China or the Republic of India that accepts oil from foreign vessels with respect to which the United States has imposed sanctions.
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. 8704.
Text printed in the Record (4,875 characters)
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. 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
Text printed in the Record (11,152 characters)
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.
Text printed in the Record (11,869 characters)
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 to comply with united nations headquarters agreement and law enforcement activities.--Sanctions under this chapter shall not apply with respect to the admission of an alien to the United States if admitting or paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or
(B) to carry out or assist authorized law enforcement activity in the United States.
(2) Exception to comply with intelligence activities.--Sanctions under this chapter shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.
(3) Humanitarian assistance.--
(A) In general.--Sanctions under this chapter shall not apply to--
(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or
(ii) transactions that are necessary for or related to the activities described in clause (i).
(B) Definitions.--In this paragraph:
(i) Agricultural commodity.--The term "agricultural commodity" has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(ii) Medical device.--The term "medical device" has the meaning given the term "device" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(iii) Medicine.--The term "medicine" has the meaning given the term "drug" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(4) Exception for safety of vessels and crew and decommissioning or demolition of vessels.--Sanctions under this chapter shall not apply with respect to--
(A) a person providing provisions to a vessel otherwise subject to sanctions under this chapter if the provisions are intended for--
(i) the safety and care of the crew aboard the vessel;
(ii) the protection of human life aboard the vessel; or
(iii) the maintenance of the vessel to avoid any environmental or other significant damage; or
(B) a person providing services to a vessel otherwise subject to sanctions under this chapter if--
(i) the vessel fails to meet international maritime vessel safety standards; and
(ii) the services are necessary to ensure the safe decommissioning or destruction of the vessel.
(5) Annual report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that describes each activity that would be sanctionable under this chapter if not covered by an exception under this subsection.
(b) Waiver.--
(1) In general.--The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed with respect to a foreign vessel or a foreign person under this chapter if the President certifies to the appropriate congressional committees, not later than 15 days after such waiver is to take effect, that the waiver is in the national security interests of the United States.
(2) Certification.--The President shall not be required to impose sanctions under this chapter with respect to a foreign person who has engaged in activity subject to sanctions under this chapter if the President certifies in writing to the appropriate congressional committees that the foreign person--
(A) is no longer engaging in such activities; or
(B) has taken and is continuing to take significant, verifiable steps toward permanently terminating such activities.
(c) Rule of Construction.--Nothing in this section shall be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization.
SEC. 8709B. IMPLEMENTATION.
(a) Implementation.--The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this chapter.
(b) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this chapter or any regulation, license, or order issued to carry out this chapter may be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
SEC. 8709C. TERMINATION OF SANCTIONS AUTHORITIES.
The requirements and authorities to impose sanctions under subchapters A, B, and C, and any sanctions imposed under those subchapters, shall terminate on the date that is 10 years after the date of the enactment of this Act.
SEC. 8710. DETERMINATION WITH RESPECT TO RUSSIAN MILITARY
ACTIONS IN SUPPORT OF RUSSIAN SHADOW FLEET.
(a) In General.--The President may determine, at such times as are required under subsection (b), whether--
(1) the Government of the Russian Federation, including through any of its proxies, is engaged in or knowingly supporting an escalation of military measures in the Gulf of Finland, the Baltic Sea, or the Straits of Denmark, including to deter members of the North Atlantic Treaty Organization from inspecting vessels transporting Russian-origin petroleum products or posing a threat to undersea infrastructure to ensure such vessels are adhering to accepted maritime standards; and
(2) if the President makes a positive determination under paragraph (1), whether that escalation increases the risk of an incident at sea, including damage to undersea cable infrastructure.
(b) Timing of Determinations.--The President may make the determination described in subsection (a)--
(1) not later than 15 days after the date of the enactment of this Act;
(2) after the first determination under paragraph (1), not less frequently than every 30 days (or more frequently as warranted) during the 1-year period beginning on such date of enactment; and
(3) after the end of that 1-year period, not less frequently than every 90 days.
(c) Report Required.--Upon making a determination under subsection (a), the President shall submit a report on the determination to--
(1) the committees specified in subsection (d);
(2) the majority leader and the minority leader of the Senate; and
(3) the Speaker and the minority leader of the House of Representatives.
(d) Committees Specified.--The committees specified in this subsection are--
(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 8710A. RESOURCES FOR SANCTIONS IMPLEMENTATION AT THE
DEPARTMENT OF STATE.
(a) Sense of Congress.--It is the sense of Congress that sanctions are a vital foreign policy and national security tool, and as such, it is critical that the Department and other agencies with responsibilities relating to sanctions across the executive branch--
(1) are fully staffed, including through the prompt confirmation by the Senate of a qualified head of the Office of Sanctions Coordination of the Department; and
(2) have the resources and infrastructure necessary for the successful development and implementation of sanctions.
(b) Increasing Resources and Improving Modernization for Sanctions Implementation.--The head of the Office of Sanctions Coordination shall take steps to modernize the sanctions infrastructure and increase resources dedicated to implementing sanctions, including by--
(1) ensuring the Department has necessary subscriptions and access to open-source databases for purposes of making determinations to support the designation of persons for the imposition of sanctions;
(2) equipping bureaus involved in drafting and reviewing evidentiary packages to support such designations with sufficient technical resources to do so, including an adequate number of workstations that can be used to review classified information; and
(3) increasing the number of personnel dedicated to making and reviewing such designations.
(c) Report on Modernizations Efforts.--Not later than 180 days after the date of the enactment of this Act, the head of the Office of Sanctions Coordination shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report describing steps the Department is taking to address challenges in the ability of the Department to support the designation of persons for the imposition of sanctions.
(d) Authorizations of Appropriation.--
(1) Office of sanctions coordination.--There is authorized to be appropriated to the Office of Sanctions Coordination for each of fiscal years 2026 and 2027 $15,000,000 to carry out this section.
(2) Office of foreign assets control.--There is authorized to be appropriated to the Office of Foreign Assets Control of the Department of the Treasury for each of fiscal years 2026 and 2027 $15,000,000 to carry out this section.
SEC. 8710B.
Text printed in the Record (11,883 characters)
MODIFICATION OF LIMITATION ON MILITARY
COOPERATION BETWEEN THE UNITED STATES AND THE
RUSSIAN FEDERATION.
Section 1232 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488) is amended--
(1) by striking subsections (c) and (d); and
(2) by redesignating subsections (e) and (f) as subsections (c) and (d), respectively.
SEC. 8710C. EMERGENCY APPROPRIATIONS FOR THE COUNTERING
RUSSIAN INFLUENCE FUND.
(a) Emergency Appropriations.--
(1) Authorization of appropriation.--There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, $200,000,000 to the Secretary for fiscal years 2026 and 2027 for the Countering Russian Influence Fund to provide additional support to Ukraine and allies of the United States in Central and Eastern Europe in the wake of aggression by the Russian Federation, including assistance combating Russian Federation information operations, sabotage activities, cyber threats, and security threats.
(2) Emergency designation.--
(A) In general.--The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(B) Designation in the senate and the house of representatives.--This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the activities carried out pursuant to this section.
(2) Form.--The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary.
(c) Defined Term.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
SEC. 8710D. REPORT ON PRESIDENTIAL DRAWDOWN AUTHORITY AND
UKRAINE SECURITY ASSISTANCE INITIATIVE.
(a) In General.--Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter, the Secretary and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report that includes--
(1) the status of remaining amounts available for Ukraine under the Presidential drawdown authority provided in the Additional Ukraine Supplemental Appropriations Act, 2022 (Public Law 117-128; 136 Stat. 1211) and the Ukraine Security Supplemental Appropriations Act (Public Law 118-50; 138 Stat. 905);
(2) a description of all defense articles and services provided to Ukraine under Presidential drawdown authority, Foreign Military Financing, and the Ukraine Security Assistance Initiative under section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068); and
(3) a description of the readiness requirements, valuations, and replenishment calculations used to determine the availability of inventory to transfer to Ukraine.
(b) Defined Term.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of Representatives;
(5) the Committee on Armed Services of the House of Representatives; and
(6) the Committee on Appropriations of the House of Representatives.
SEC. 8710E. SUPPORT FOR UKRAINE ARMS SALES.
For any letter of offer to sell or license to export defense articles or defense services to Ukraine that would require a numbered certification to Congress required by section 36 of the Arms Export Control Act (22 U.S.C. 2776), the President shall not offer such letter of offer or issue such license until 15 days have elapsed from the time such numbered certification is provided to Congress, notwithstanding the requirements of such section for 30 days, and any joint resolution of disapproval shall be eligible for a motion to discharge from the Committee on Foreign Relations of the Senate 5 days after introduction.
SEC. 8711. SHORT TITLE.
This subtitle may be cited as the "Deter PRC Aggression Against Taiwan Act".
SEC. 8712. SENSE OF CONGRESS.
It is the sense of Congress that the United States must be prepared to take immediate action to impose sanctions with respect to any military or non-military entities owned, controlled, or acting at the direction of the Government of the PRC or the Chinese Communist Party that are supporting actions by the Government of the PRC or by the Chinese Communist Party--
(1) to overthrow or dismantle the governing institutions in Taiwan;
(2) to occupy any territory controlled or administered by Taiwan;
(3) to violate the territorial integrity of Taiwan; or
(4) to take significant action against Taiwan, including--
(A) conducting a naval blockade of Taiwan;
(B) seizing any outlying island of Taiwan; or
(C) perpetrating a significant physical or cyber attack on Taiwan that erodes the ability of the governing institutions in Taiwan to operate or provide essential services to the citizens of Taiwan.
SEC. 8713. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House of Representatives;
(E) the Committee on Financial Services of the House of Representatives; and
(F) the Committee on Appropriations of the House of Representatives.
(2) PRC.--The term "PRC" means the People's Republic of China.
(3) PRC sanctions task force; task force.--The terms "PRC Sanctions Task Force" and "Task Force" mean the task force established pursuant to section 8714.
SEC. 8714. TASK FORCE.
(a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Coordinator for Sanctions of the Department and the Director of the Office of Foreign Assets Control of the Department of the Treasury shall establish a task force to identify military or non-military entities that could be subject to sanctions imposed by the United States immediately following any action taken by the PRC that demonstrates an attempt to achieve, or has the significant effect of achieving, the physical or political control of Taiwan, including by taking any of the actions described in paragraphs (1) through (4) of section 8712.
(b) Strategy.--Not later than 270 days after the establishment of the PRC Sanctions Task Force, the Task Force shall submit a strategy to the appropriate congressional committees for identifying proposed targets for sanctions referred to in subsection (a), which shall--
(1) assess how existing sanctions programs could be used to impose sanctions with respect to entities identified by the Task Force;
(2) develop or propose, as appropriate, new sanctions authorities that might be required to impose sanctions with respect to such entities;
(3) analyze the potential economic consequences to the United States, and to allies and partners of the United States or other third countries, of imposing various types of such sanctions with respect to such entities;
(4) assess measures that could be taken to mitigate the consequences referred to in paragraph (3), including through the use of licenses, exemptions, carve-outs, and other approaches;
(5) include coordination with allies and partners of the United States--
(A) to leverage sanctions, including actions targeting the PRC's financial and industrial sectors to deter or respond to aggression against Taiwan;
(B) to identify and resolve potential impediments to coordinating sanctions-related efforts with respect to responding to, or deterring aggression against, Taiwan; and
(C) to identify industries, sectors, or goods and services where the United States and allies and partners of the United States can take coordinated action through sanctions that will have a significant negative impact on the economy of the PRC; and
(D) to coordinate actions with partners and allies to provide economic support to Taiwan and other countries being threatened by the PRC, including measures to counter economic coercion by the PRC;
(6) assess the resource gaps and needs at the Department and the Department of the Treasury to most effectively use sanctions to respond to the threats posed by the PRC;
(7) recommend how best to target sanctions against individuals, entities, and economic sectors in the PRC, which shall take into account--
(A) the role of such targets in supporting policies and activities of the Government of the PRC, or of the Chinese Communist Party, that pose a threat to the national security or foreign policy interests of the United States;
(B) the negative economic implications of such sanctions for the Government of the PRC, including its ability to achieve its objectives with respect to Taiwan; and
(C) the potential impact of such sanctions on the stability of the global financial system, including with respect to--
(i) state-owned enterprises;
(ii) officials of the Government of the PRC and of the Chinese Communist Party;
(iii) financial institutions associated with the Government of the PRC; and
(iv) companies in the PRC that are not formally designated by the Government of the PRC as state-owned enterprises; and
(8) identify any foreign military or non-military entities that would likely be used to achieve the outcomes specified in section 8712, including entities in the shipping, logistics, energy (including oil and gas), maritime, aviation, ground transportation, and technology sectors.
SEC. 8715. REPORT.
Not later than 120 days after the submission of the strategy required under section 8714(b), and semiannually thereafter, the PRC Sanctions Task Force shall submit a classified report to the appropriate congressional committees that includes information regarding--
(1) any entities identified pursuant to section 8714(b)(8);
(2) any new authorities required to impose sanctions with respect to such entities;
(3) potential economic impacts on the PRC, the United States, and allies and partners of the United States or other third countries resulting from the imposition of sanctions with respect to such entities;
(4) mitigation measures that could be employed to limit any deleterious economic impacts on the United States and allies and partners of the United States or other third countries of such sanctions;
(5) the status of coordination with allies and partners of the United States regarding sanctions identified under this subtitle;
(6) resource gaps and recommendations to enable the Department and the Department of the Treasury to use sanctions to more effectively respond to the malign activities of the Government of the PRC; and
(7) any additional resources that may be necessary to carry out the strategies and recommendations included in the report submitted pursuant to section 8714(b).
SEC. 8716. RULE OF CONSTRUCTION.
As used in this subtitle, the term "sanctions" shall not be construed to include tariffs.
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.
Text printed in the Record (11,403 characters)
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. 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.
Text printed in the Record (11,798 characters)
In developing such strategy, the Secretary shall utilize all economic and diplomatic tools available to the Department and the Department of the Treasury, including the Office of Foreign Assets Control, and enhance diplomatic, financial, and legal measures to hold perpetrators of atrocities and other gross violations of internationally recognized human rights accountable.
(b) Elements.--The strategy required under subsection (a) shall include a description of the Secretary's plans--
(1) to help end the conflict in Sudan, which may include--
(A)(i) determining the key actors who must be involved in diplomatic negotiations to end the war;
(ii) supporting their sustained and credible participation in such negotiations;
(iii) assessing the appropriate staffing needed within the Department's Office of Sudan Affairs, including locally employed staff and staff based in Ethiopia and Kenya, to engage on coordinated diplomatic efforts to end the war in Sudan;
(B) establishing a timeline for using diplomatic engagement, intelligence diplomacy, security cooperation, and foreign assistance, as appropriate, to secure the support of allies and partners in finding diplomatic paths to end the conflict in Sudan; and
(C) coordinating with the Quintet, the Quad, and other international partners--
(i) to end the armed conflict in Sudan;
(ii) to protect civilians in Sudan;
(iii) to hold accountable perpetrators of atrocities and other gross violations of internationally recognized human rights; and
(iv) to seek an enduring diplomatic resolution to the conflict;
(2) to cripple the war economy and abettor network;
(3) to collaborate with the Secretary of the Treasury to hold perpetrators of atrocities in Sudan accountable for their crimes;
(4) to counter foreign influence and military support to the Sudanese Armed Forces and the Rapid Support Forces, which exacerbates the conflict in Sudan; and
(5) to promote stability and alleviate human suffering in Sudan, which may include--
(A) securing guarantees for unrestricted humanitarian access to vulnerable populations and the implementation of protection measures, including measures to provide trauma-informed care and prevent human trafficking, sexual violence, and the recruitment of child soldiers; and
(B) analyzing--
(i) how to most effectively leverage diplomatic and assistance tools and incentivize strategic burden-sharing with international partners to improve the humanitarian conditions in Sudan;
(ii) requirements for rebuilding essential infrastructure that has been destroyed in the conflict, including health systems, education, and civilian infrastructure, and the role to be played by the international community in such efforts;
(iii) how to engage in diplomatic efforts to ensure support for humanitarian relief and recovery in Sudan from international donors, including foreign governments and multilateral organizations; and
(iv) how the United States, and other partners can work to ensure the safety and security of humanitarian aid workers and journalists in Sudan;
(6) to implement a comprehensive diplomatic approach toward engagement with the countries bordering Sudan, in addition to Kenya and Uganda, and regional institutions to address the issues detailed in paragraphs (1) through (5); and
(7) to identify potential opportunities for United States economic engagement and investment in a post-conflict Sudan and the broader region that could support diplomatic efforts to end the conflict, which may include--
(A) identifying opportunities for United States private sector investment in Sudan's recovery and reconstruction, including in sectors such as agriculture, energy, critical minerals, infrastructure, and financial services;
(B) assessing mechanisms through which the United States Government, including through the United States International Development Finance Corporation and the United States Trade and Development Agency, may support United States private sector actors seeking to engage in Sudan and the broader region;
(C) evaluating opportunities to deepen trade and investment ties with countries neighboring Sudan as part of a broader regional economic strategy that advances United States interests and promotes stability for the region; and
(D) analyzing the manner in which United States economic engagement in Sudan and the region can support the durability of a credible peace agreement or cessation of hostilities, and advance an economic order that prioritizes transparency, accountability, and the long-term interests of the people of Sudan.
(c) Submission.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the strategy developed pursuant to subsection (a) in an unclassified form, which shall include the information described in subsection (b) and may include a classified annex.
(d) Briefing.--Not later than 15 days after submitting the strategy required under subsection (a), and every 90 days thereafter, the Secretary, or the Secretary's designee, shall brief the appropriate congressional committees regarding--
(1) the status of the implementation of such strategy; and
(2) any changes or updates based on evolving conditions in Sudan.
SEC. 8727. ASSESSMENT OF ELIGIBILITY OF ARMED ACTORS IN SUDAN
FOR DESIGNATION AS SPECIALLY DESIGNATED GLOBAL
TERRORISTS.
(a) Defined Term.--In this section, the term "appropriate congressional committees" means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of Representatives.
(b) In General.--The Secretary, in consultation with the Secretary of the Treasury, shall conduct an assessment to determine whether any armed actor in Sudan meets the criteria for designation as a specially designated global terrorist, consistent with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a classified report containing--
(1) the results of the assessment conducted pursuant to subsection (b); and
(2) a description of action the Secretary has planned based on such results.
SEC. 8728. SANCTIONS.
(a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, on or after the date of the enactment of this Act--
(1) to be responsible for, complicit in, or to have directly or indirectly engaged in or facilitated--
(A) actions that threaten the peace, security, stability, or territorial integrity of Sudan;
(B) the supply, sale, or transfer of arms or any related materiel, or any assistance, advice, or training related to military activities, other than advice or training on compliance with the law of armed conflict, to--
(i) the Sudanese Armed Forces;
(ii) the Rapid Support Forces; or
(iii) non-State armed groups operating in Sudan;
(C) the use or recruitment of child soldiers;
(D) directing, leading, or enabling the presence of foreign military forces or non-state armed groups in Sudan that have engaged in actions that threaten the peace, security, stability, or territorial integrity of Sudan;
(E) knowingly aiding or abetting Sudanese Armed Forces or Rapid Support Forces by--
(i) providing financial or material support or a safe haven; or
(ii) contributing to the concealment of their crimes;
(F) actions that obstruct, undermine, delay, or have the purpose or effect of undermining a political process aimed at securing a ceasefire, peace, or political resolution to the conflict in Sudan;
(G) the commission of atrocities or other gross violations of internationally recognized human rights (as defined in section 1262 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 10101);
(H) the smuggling or trafficking of natural resources from or through Sudan, including gold and gum arabic;
(I) actions that constitute a violation of the arms embargo under United Nations Security Council Resolutions 1556 (2004) and
1591 (2005), including facilitating financial transactions in furtherance of such actions or facilitating any export, reexport, transshipment, or transfer in furtherance of such actions;
(J) the targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge or aid provided by domestic or international actors;
(K) the obstruction of activities of, or attacks on, the United Nations, bilateral or multilateral diplomatic missions, or international humanitarian organizations, or their personnel;
(L) the operation of private military companies that are contributing to violence against civilians in Sudan;
(M) the obstruction of the delivery or distribution of, or access to, humanitarian assistance, including by force, intimidation, theft, coercion, or bureaucratic means;
(N) significant efforts to impede investigations or prosecutions of alleged gross abuses of internationally recognized human rights in Sudan; or
(O) actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding, the formation or operation of a civilian government;
(2)(A) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of--
(i) any activity described in this section;
(ii) any person whose property and interests in property are blocked pursuant to this section; or
(B) to be owned or controlled by, or to have acted or purported to act for or on behalf of (directly or indirectly) any person whose property and interests in property are blocked pursuant to this section; or
(3) forms an entity for the purpose of evading sanctions that would otherwise be imposed pursuant to this section.
(b) Sanctions; Exceptions.--
(1) Sanctions.--
(A) Asset blocking.--Notwithstanding section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise all of the powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person the President determines meets 1 or more of the criteria described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B) Prohibitions on financial transactions.--Notwithstanding the requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise all powers granted to the President by such Act to the extent necessary--
(i) to prohibit any United States financial institution from making loans or providing credit to the foreign person; or
(ii) to prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest.
(C) Aliens inadmissible for visas, admission, or parole.--
(i) In general.--An alien described in subsection (a) is--
(I) inadmissible to the United States;
(II) ineligible for a visa or other documentation to enter the United States; and
(III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C.
Text printed in the Record (10,760 characters)
1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation was issued.
(II) Immediate effect.--A revocation under subclause (I) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien's possession.
(2) Penalties.--Any person that commits, attempts to commit, conspires to commit, or causes the commission of an action described in subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section.
(3) Implementation.--The President--
(A) may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section; and
(B) shall issue such regulations, licenses, and orders as may be necessary to carry out this section.
(4) Exception to comply with united nations headquarters agreement.--Sanctions described in paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(5) Exception to comply with intelligence and law enforcement activities.--Sanctions under this section shall not apply to any activity subject to--
(A) the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States; or
(B) to carry out or assist any authorized law enforcement activities of the United States.
(6) Exception for humanitarian assistance.--
(A) Definitions.--In this paragraph:
(i) Agricultural commodity.--The term "agricultural commodity" has the meaning given such term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(ii) Medical device.--The term "medical device" has the meaning given the term "device" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(iii) Medicine.--The term "medicine" has the meaning given the term "drug" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(B) In general.--Sanctions under this section shall not apply to--
(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or
(ii) transactions that are necessary for or related to any activity described in clause (i).
SEC. 8729. SPECIAL ENVOY FOR SUDAN.
Section 7204(d) of the Department of State Authorization Act for Fiscal Year 2025 (division G of Public Law 118-159; 22 U.S.C. 10001 note) is amended by striking "2 years" and inserting "5 years".
SEC. 8730. ASSISTANCE TO THE GOVERNMENT OF SUDAN BY
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Restrictions.--Except as provided in subsections (b) and (c), the Secretary of the Treasury shall instruct the United States Executive Director or the appropriate head of the respective international financial institutions--
(1) to use the voice and vote of the United States in those institutions to oppose any premature, new, long-term reconstruction or capacity-building support for Sudan, including support that would benefit a foreign person or entity described in section 8728(a); and
(2) to work with other key donor countries to develop a coordinated policy for lending to the Government of Sudan in a post-conflict scenario, including firm benchmarks and preconditions for lending.
(b) National Security Waiver.--The President may waive application of subsection (a) if the President determines such a waiver is in the national security interest of the United States.
(c) Exception for Lifesaving Humanitarian Projects That Directly Support Basic Human Needs.--The advocacy otherwise required under subsection (a)(1) shall not apply to a specific loan or extension of financial assistance that has the sole purpose of supporting lifesaving humanitarian projects that directly support basic human needs, including emergency food, shelter, health, water, sanitation, and hygiene.
SEC. 8731. SUDAN BUSINESS RISK ADVISORY.
Not later than 90 days after the date of the enactment of this Act, the Secretary shall update its Sudan Business Risk Advisory, which was originally issued in May 2022 and updated in May 2023, which may include--
(1) updates to the information regarding gold from Sudan as a mineral from a conflict-affected area, including the role of foreign governments in the supply chain for Sudanese gold;
(2) information with respect to the supply chain for Sudanese gum arabic, its role in fueling the conflict in Sudan, and nefarious actors involved in smuggling gum arabic through Chad, the Central African Republic, and South Sudan; and
(3) risks associated with conducting business with entities connected to the Sudanese Armed Forces, the Rapid Support Forces, or non-state armed groups;
SEC. 8732. UNITED STATES ENGAGEMENT AT THE UNITED NATIONS
WITH RESPECT TO SUDAN.
The United States Mission to the United Nations shall assess--
(1) the need for additional coordination between the United States, the United Nations Security Council, the European Union, and other partner countries' sanctions regimes;
(2) if the mandate of the United Nations Panel of Experts on the Sudan (established by United Nations Security Council Resolution 1591 (2005) and most recently extended by United Nations Security Council Resolution 2791 (2025)) is sufficient to enable it to fully and accurately report to the United Nations Security Council on issues related to war, including with respect to violations of the United Nations arms embargo; and
(3) the need to work with other United Nations Security Council members to expand the United Nations arms embargo for Sudan.
SEC. 8733. FOREIGN ASSISTANCE TO SUDAN.
(a) Prohibition.--Except as provided in subsection (b), United States assistance may not be furnished to Sudan if such assistance--
(1) provides financial or capacity building support directly to Government of Sudan institutions;
(2) supports debt relief through the Heavily Indebted Poor Countries Initiative to restructure, reschedule, or cancel the sovereign debt of Sudan; or
(3) is security assistance.
(b) National Security Waiver.--The President may waive application of subsection (a) if the President determines that such a waiver is in the national security interest of the United States.
(c) Annual Report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary, in consultation with the Secretary of Agriculture and other relevant departments and agencies, shall submit a report to the appropriate congressional committees that details all United States foreign assistance to Sudan.
SEC. 8734. ANNUAL REPORT ON FINANCIAL ASSETS HELD BY ARMED
ACTORS IN SUDAN.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury, in consultation with the Secretary, shall submit a report to the appropriate congressional committees that includes--
(1) a list of all countries and foreign banking institutions that hold assets on behalf of senior officials in the Sudanese Armed Forces, the Rapid Support Forces, and the General Intelligence Service; and
(2) how foreign actors are profiting from the war in Sudan through various business sectors.
(b) Form.--Each report required under subsection (a) shall be submitted in an unclassified form, but may include a classified annex.
SEC. 8735. TERMINATION.
The requirements under sections 8724, 8725, 8726, 8730, 8733, and 8734 shall terminate on the date that is 30 days after the Secretary submits to the appropriate congressional committees a certification that--
(1) a credible and durable peace agreement, cessation of hostilities, or other end to hostilities has been achieved and verified by the Secretary; and
(2) the Rapid Support Forces, the Sudanese Armed Forces, and any other body or institution of the Government of Sudan are no longer committing atrocities.
SEC. 8736. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to authorize the use of military force.
SEC. 8737. SUNSET.
This subtitle shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act.
Subtitle D--Scam Compound Accountability and Mobilization
SEC. 8741. SHORT TITLE.
This subtitle may be cited as the "Scam Compound Accountability and Mobilization Act".
SEC. 8742. FINDINGS.
Congress finds the following:
(1) Transnational cyber-enabled fraud, particularly such fraud that is perpetrated from scam compounds in Southeast Asia, is a growing threat to citizens of the United States, national security, and global economic interests.
(2) The Federal Bureau of Investigation reported $17,697,074,980 in losses in the United States due to cyber-enabled fraud during 2025, including schemes commonly perpetrated by transnational criminal organizations that are operating scam compounds.
(3) Annual global losses due to cyber-enabled fraud are estimated at between $40,000,000,000 and $65,000,000,000, but the actual amount is likely higher since many instances are not reported.
(4) Transnational criminal organizations responsible for a large proportion of these scam compounds--
(A) are affiliated with the People's Republic of China;
(B) are actively spreading propaganda on behalf of the People's Republic of China;
(C) are promoting unification with Taiwan; and
(D) have brokered projects for the Belt and Road Initiative.
(5) Transnational criminal organizations have lured hundreds of thousands of human trafficking victims from an estimated 80 countries to scam compounds, which are located primarily in Burma, Cambodia, and Laos, for purposes of forced criminality.
(6) Transnational criminal organizations are expanding scam compounds internationally, including in Africa, the Middle East, South Asia, and the Pacific Islands.
(7) Money laundering, human trafficking, and fraudulent recruitment related to such scam compounds have occurred in Southeast Asia, Europe, North America, and South America.
SEC. 8743.
Text printed in the Record (6,393 characters)
SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should redouble efforts to hold the perpetrators and enablers of scam compound operations accountable, including those involved in related money laundering, human trafficking, and fraudulent recruitment, by employing effective tools, such as targeted financial sanctions, visa restrictions, asset seizures, prosecutions, and forfeiture;
(2) to enhance effective international cooperation and responses against cyber-enabled fraud originating from scam compounds internationally, the United States Government should work with partner governments, multilateral institutions, civil society experts, and private sector stakeholders to improve information sharing, strengthen preventative measures, raise public awareness, and increase coordination on law enforcement investigations and regulatory actions; and
(3) victims and survivors of human trafficking, including for the purpose of forced criminality, require victim-centered and trauma-informed protection and support to ensure they are not inappropriately prosecuted, penalized, or otherwise punished solely for unlawful acts committed as a direct result of being trafficked, consistent with section 102(b)(19) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101(b)(19)).
SEC. 8744. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to comprehensively combat the transnational criminal organizations operating scam compounds and exploiting workers, including through human trafficking, such as forced criminality, to perpetrate large-scale online scams against the people of the United States; and
(2) to bolster international law enforcement cooperation with nations in Southeast Asia and in other regions where scam compounds and associated financial and operational infrastructures are located to combat transnational crime, including scam compounds, human trafficking, narcotics trafficking, and money laundering.
SEC. 8745. DEFINITIONS.
(a) In General.--In this subtitle:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(D) the Select Committee on Intelligence of the Senate;
(E) the Committee on Appropriations of the Senate; and
(F) the Committee on Foreign Affairs of the House of Representatives;
(G) the Committee on the Judiciary of the House of Representatives;
(H) the Committee on Financial Services of the House of Representatives; and
(I) the Permanent Select Committee on Intelligence of the House of Representatives; and
(J) the Committee on Appropriations of the House of Representatives.
(2) Cyber-enabled fraud.--The term "cyber-enabled fraud" means the use of the internet or other technology to commit fraudulent activity, including illicitly obtaining money, property, data, identification documents, or authentication features, or creating counterfeit goods or services.
(3) Enabling country.--The term "enabling country" means a country where--
(A) government authorities actively or implicitly permit, enable, or perpetuate scam compound operations; or
(B) ineffective law enforcement or a failure to enact legislation intended to prevent facilitating services from reaching scam compounds or transnational criminal organizations enables scam compound operators to obtain facilitating services.
(4) Forced criminality.--The term "forced criminality" means a form of forced labor for the purpose of causing the victim to engage in criminal activity, which may include cyber-enabled fraud.
(5) Forced labor.--The term "forced labor" has the meaning given the term severe forms of trafficking in persons in section 103(11)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11)(B)).
(6) Relevant foreign assistance programs.--The term "relevant foreign assistance programs"--
(A) means foreign assistance programs funded by the United States Government to provide assistance for one or more foreign countries for the purpose of combating scam compound operations and related transnational criminal organizations as well as combating associated human trafficking; and
(B) excludes intelligence activities, including activities authorized by the President and reported to Congress in accordance with section 503 of the National Security Act of 1947 (50 U.S.C. 3093).
(7) Human trafficking.--The term "human trafficking" has the meaning given the term severe forms of trafficking in persons in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11)).
(8) Human trafficking victim.--The terms "human trafficking victim" and "victim of human trafficking" mean a person subject to an act or practice described in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11)).
(9) Impacted country.--The term "impacted country" means a country that is a significant--
(A) transit location through which victims of human trafficking pass en route to scam compounds;
(B) source location for victims of human trafficking for scam compounds; or
(C) target of cyber-enabled fraud originating from scam compounds.
(10) Scam compound.--The term "scam compound" means a physical installation where a transnational criminal organization carries out cyber-enabled fraud operations,
using victims who may be exploited through human trafficking, including forced criminality.
(11) Strategy.--The term "Strategy" means the strategy to counter scam compounds and hold transnational criminal organizations and human traffickers accountable described in section 8746.
(12) Transnational criminal organization.--The term "transnational criminal organization" means a group of persons that--
(A) includes one or more foreign person;
(B) engages in or facilitates an ongoing pattern of serious criminal activity involving the jurisdictions of at least two foreign states or one foreign state and the United States; and
(C) threatens the national security, foreign policy, or economy of the United States.
(b) Rule of Construction.--The definitions under this section are exclusive to this subtitle and may not be construed to affect any other provision of United States law.
SEC. 8746.
Text printed in the Record (11,609 characters)
STRATEGY TO COUNTER SCAM COMPOUNDS AND HOLD
TRANSNATIONAL CRIMINAL ORGANIZATIONS AND HUMAN
TRAFFICKERS ACCOUNTABLE.
(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy, with a classified annex if necessary, that--
(1) is designed--
(A) to shut down scam compounds and prevent their further proliferation;
(B) to disrupt and dismantle--
(i) transnational criminal organizations and human traffickers involved in exploiting workers in, and fraudulently recruiting workers to, scam compounds; and
(ii) the financial, operational, and technological infrastructure that enables such criminal enterprises to execute their scams and crimes; and
(C) to hold accountable corrupt officials and non-state actors enabling scam compounds;
(2) is global in scope and fosters cooperation among officials from affected regions; and
(3) may prioritize efforts focused on countries where scam compound operations are most prevalent, including Southeast Asia.
(b) Objectives.--The Strategy shall seek to accomplish the following objectives:
(1) Reducing the ability of transnational criminal organizations to operate scam compounds in Southeast Asia and elsewhere.
(2) Building the capacity of efforts related to digital forensics, anti-money laundering and investigative tools, anti-corruption, and border patrol, of trusted foreign law enforcement partners to degrade, disrupt, and shut down scam compounds and prevent their proliferation.
(3) Supporting victims of human trafficking, including those exploited in forced criminality under the direction of the Ambassador-at-Large to Monitor and Combat Trafficking in Persons.
(4) Preventing fraudulent recruitment and human trafficking in scam compounds, including by--
(A) engaging private sector entities operating internet platforms or other services that could be abused or exploited to perpetrate fraudulent recruitment, human trafficking or cyber-enabled fraud;
(B) raising awareness among at-risk populations to identify common fraudulent recruitment strategies and improve due diligence and self-protection measures;
(C) urging governments to monitor and enforce laws against fraudulent and unlawful recruitment practices; and
(D) sharing information and building capacity among foreign counterparts, including law enforcement, border and port officials, and other anti-trafficking authorities, as well as civil society organizations to identify and protect potential human trafficking victims.
(5) Advocating for the thorough review of countries implicated in scam compound operations at the Financial Action Task Force (FATF) or FATF-style regional bodies.
(6) Examining existing authorities and procedures of the United States Government for recovering and returning proceeds of crime to defrauded United States persons.
(7) Using sanctions, visa restrictions, and other accountability and behavioral change measures, in coordination with allies and partners to the greatest extent possible, against enabling countries, transnational criminal organizations, human traffickers, and related third-party facilitators of scam compound operations.
(8) Investigating and highlighting the People's Republic of China's involvement in the origin and perpetuation of scam compounds, including through links between Chinese Communist Party officials and criminal organizations, deepening regional security influence, and selective crackdowns that incentivize the targeting of Americans.
(9) Investigating the Burmese military's involvement in allowing, ignoring, and profiting from scam compounds in Burma, and the importance of resolving the instability and violence in Burma to stop the unfettered operation of scam compounds in Burma.
(10) Harnessing offensive cyber capabilities to degrade scam compound operations.
(11) Integrating data collection, analysis, and response mechanisms across Federal, Tribal, territorial, State, and local agencies, including by assessing if any existing relevant Fusion Centers could be leveraged to combat the operations of scam compounds.
(12) Convening like-minded foreign allies and partners to combat scam compounds, including by establishing similar task forces or working groups, compiling and sharing data, and collaborating regarding the investigation and prosecution of key actors and enablers.
(c) Contents.--The Strategy shall--
(1) include a comprehensive problem statement identifying the structural vulnerabilities exploited by transnational criminal organizations operating scam compounds;
(2) develop a comprehensive list of enabling countries and impacted countries;
(3) identify private sector entities whose commercial services are utilized by transnational criminal organizations operating scam compounds and provide recommendations to address such use;
(4) identify all active executive branch relevant foreign assistance programs as well as diplomatic efforts underway to address scam compounds, transnational criminal organizations connected to scam compounds, and related money laundering, and human trafficking, including forced criminality, including efforts with enabling countries and impacted countries;
(5) identify resources needed to implement the Strategy and any obstacles to the response of the Federal Government to scam compounds, including coordination with partner governments, to address the human trafficking, including forced criminality, and money laundering that facilitates and sustains scam compound operations; and
(6) include indicators that measure the success of the Strategy, including achieving the objectives described in subsection (b), which may include the number of persons sanctioned, the number of arrest warrants or indictments issued, the number of arrests made, the amount of United States losses mitigated, the number of victims of trafficking in persons identified and protected, and the reduction in the number of active scam compounds, in comparison to the previous year.
(d) Limitation.--Nothing in the Strategy may--
(1) affect, apply to, or create obligations related to past, present, or future criminal or civil law enforcement or intelligence activities of the United States or the law enforcement activities of any State or subdivision of a State; or
(2) change existing authorities related to the sharing of personally identifiable information or the collection or sharing of information about individuals solely for constitutionally protected activities.
SEC. 8747. ESTABLISHING A TASK FORCE TO IMPLEMENT THE
STRATEGY.
(a) In General.--Not later than 90 days after submitting the Strategy pursuant to section 8746(a), the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies, shall establish or designate an interagency task force (referred to in this section as the "Task Force")--
(1) to coordinate the implementation of the Strategy;
(2) to conduct regular monitoring and analysis of scam compound operations internationally; and
(3) to track and evaluate progress toward the objectives, activities, and performance indicators of the Strategy.
(b) Information Sharing.--To ensure proper coordination and effective interagency action, each Federal department or agency represented on the Task Force shall fully share--
(1) all relevant data with the Task Force, consistent with existing Federal law; and
(2) all information regarding the department's or agency's plans, before and after final agency decisions are made, on all matters relating to actions regarding combating scam compounds to the extent that sharing of information does not violate protocols or regulations regarding sharing of law enforcement sensitive or classified information.
(c) Consultation.--The Task Force, or representatives of the Task Force, should--
(1) consult with Tribal, State, territorial, and local law enforcement entities and stakeholder organizations in the United States that have firsthand expertise in reporting and combating cyber-enabled fraud and recovering proceeds of crimes;
(2) consult regularly with nongovernmental organizations in the United States with expertise in countering trafficking in persons or anti-corruption, as appropriate;
(3) develop partnerships with relevant private sector actors for the purpose of better disrupting the enabling infrastructure of scam compounds, operations, and syndicates; and
(4) engage civil society organizations to better understand the complexity of the scam compound problem in each country and the broader economic, political, and governance challenges that are exacerbating the problem.
(d) Congressional Consultation.--The Task Force shall consult regularly with the appropriate congressional committees on its efforts to implement the Strategy, including potential updates to the Strategy.
(e) Annual Reviews and Reports.--Not later than 1 year after the establishment of the Task Force, and not less frequently than annually thereafter, the Task Force shall--
(1) conduct a status review of the Strategy and the overall state of scam compounds operated by transnational criminal organizations that includes--
(A) a list of enabling countries and impacted countries;
(B) an estimate of the amount of proceeds of crimes against United States nationals through scams emanating from scam compounds;
(C) an estimate of the amount of proceeds described in subparagraph (B) that was intercepted, seized, or returned as a result of United States Government action;
(D) an analysis of the role that human trafficking plays in scam compounds around the world;
(E) a list of known scam compounds operating across Southeast Asia; and
(F) a description of if, where, and how scam compounds and operations have proliferated outside of Southeast Asia across other regions of the world; and
(2) submit the results of such review in a public report to the appropriate congressional committees, which may contain a classified annex.
(f) Task Force Termination.--The Task Force shall terminate on the date that is 6 years after the date on which the Task Force is established.
SEC. 8748. STRENGTHENING TOOLS TO DISMANTLE SCAM COMPOUNDS
AND HOLD TRANSNATIONAL CRIMINAL ORGANIZATIONS
ACCOUNTABLE.
(a) Imposition of Sanctions With Respect to Actors in Scam Compound Operations.--Beginning on the date that is 180 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines--
(1) has knowingly provided significant financial or technological support to, or knowingly provided significant goods or services in support of, the activities of international scam compounds or enabling services, including, but not limited to, fraudulent recruitment, human trafficking (including forced criminality), cyber-enabled fraud, or money-laundering; or
(2) owned, controlled, directed, or acted for, or on behalf of, a significant scam compound operation or enabling service, including, but not limited to, fraudulent recruitment, human trafficking (including forced criminality), cyber-enabled fraud, or money-laundering.
(b) Sanctions Described.--
(1) Asset blocking.--The President may exercise all powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C.
Text printed in the Record (10,465 characters)
1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person described in subsection (a), including, to the extent appropriate, the vessel of which the person is the beneficial owner, if such property or interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(2) Visas, admission, or parole.--
(A) In general.--An alien described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible for a visa or other documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation was issued.
(ii) Immediate effect.--A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien's possession.
(c) Exceptions.--
(1) Exception to comply with international obligations and law enforcement activities.--Sanctions described in subsection (b)(2) shall not apply with respect to the admission of an alien if admitting or paroling such alien into the United States is necessary--
(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
(B) to carry out or assist with authorized law enforcement activities in the United States.
(2) Exception to comply with intelligence activities.--Sanctions authorized under this section shall not apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.
(3) Exception for human trafficking victims.--Sanctions described in subsection (b) shall not apply with respect to a person determined by the President to be a victim of trafficking in persons within a scam compound, consistent with section 102(b)(19) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101(b)(19)).
(4) Exception for unwitting participation.--Sanctions described in subsection (b) shall not apply with respect to a foreign person if the President determines--
(A) the foreign person's involvement in a scam compound or a scam compound operation was without knowledge of its criminal nature; or
(B) the foreign person did not knowingly or willingly participate in, or provide significant support for, such operation.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2) Penalties.--The penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act (50 U.S.C. 1705(a)).
(e) Semiannual Report.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 7 years, the President shall submit a report to the appropriate congressional committees that identifies--
(1) all foreign persons the President has sanctioned pursuant to this section; and
(2) the dates on which such sanctions were imposed.
(f) Form.--The report required under subsection (e) shall be submitted in an unclassified form, but may include a classified annex.
(g) Waiver.--
(1) In general.--The President may waive the application of sanctions under this section with respect to a foreign person or a foreign financial institution if the President determines that such waiver is in the national interest of the United States.
(2) Report.--Not later than 15 days before granting a waiver pursuant to paragraph (1), the President shall submit a report to the appropriate congressional committees that includes--
(A) the name of the individual or institution that is benefitting from such waiver; and
(B) if the beneficiary is an individual, a detailed justification explaining how the waiver serves the national security interests of the United States.
(3) Form.--The report required under paragraph (2) shall be submitted in an unclassified form, but may include a classified annex.
SEC. 8749. REDRESS TO VICTIMS OF INTERNATIONAL SCAM COMPOUND
OPERATIONS.
(a) Report.--Not later than 90 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary, the Secretary of the Treasury, and the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report containing an assessment of existing forfeiture law that--
(1) outlines challenges or limitations to providing financial redress to victims of international scam compound operations; and
(2) offers recommendations, if any, to amend existing forfeiture law to better enable the Department of Justice to recover assets that may be used to compensate United States victims of scam operations.
(b) Form.--The report required under subsection (a) shall be submitted in an unclassified form.
SEC. 8750. SATELLITE IMAGERY ACCESS TO MONITOR HUMAN RIGHTS
ABUSES RELATED TO SCAM COMPOUNDS TO DISCOVER
THE PRESENCE OF HUMAN TRAFFICKING.
(a) Access to Satellite Imagery.--The Director of the National Geospatial-Intelligence Agency, in coordination with, or at the request of, the Secretary, may provide nongovernmental organizations, nonprofit organizations, and intergovernmental entities access to current and archival high-resolution satellite imagery, subject to appropriate classification and information security requirements, to help advance efforts to combat scam compounds, forced criminality, and human trafficking, including monitoring and documenting observable activities at scam compounds in Southeast Asia, which may be associated with human trafficking, including forced labor or forced criminality.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes--
(1) any terms and conditions applicable with respect to the access authorized under subsection (a); and
(2) a list of each organization or entity that has been provided access pursuant to subsection (a).
(c) Form.--The report required under subsection (b) shall be submitted in an unclassified form, but may include a classified annex.
SEC. 8750A. SUNSET.
This subtitle shall cease to be effective beginning on the date that is 7 years after the date of the enactment of this Act.
SEC. 8751. SHORT TITLE.
This subtitle may be cited as the "Strategic Subsea Cables Act of 2026".
SEC. 8752. DEFINITIONS.
In this subtitle:
(1) Agency.--The term "agency" has the meaning given the term in section 3502 of title 44, United States Code.
(2) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
(3) Appropriate federal agencies.--The term "appropriate Federal agencies" means the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Office of the Director of National Intelligence.
(D) The Department.
(E) The Federal Communications Commission.
(F) The Department of the Treasury.
(G) The Department of Justice.
(H) Any additional Federal agencies, as determined by the President.
(4) Critical undersea infrastructure.--The term "critical undersea infrastructure" refers to both subsea communications infrastructure and subsea energy infrastructure.
(5) Interagency committee.--The term "interagency committee" means the entity established under section 8762(b).
(6) Non-federal entity.--The term "non-Federal entity" means any nongovernmental entity that is an individual, organization, or business involved in the operation, maintenance, repair, or construction of critical undersea infrastructure, including critical undersea infrastructure owners.
(7) Sabotage.--The term "sabotage" means any act, or attempt to commit such an act, undertaken with the intent to cause damage to, or substantial interruption or impairment of, the safe and reliable operation of, critical undersea infrastructure, including by materially degrading the confidentiality, availability, and integrity of data transmitted via subsea communications infrastructure.
(8) Subsea energy infrastructure.--The term "subsea energy infrastructure" means a subsea cable, pipeline, or other equipment installed on, beneath, or within the seabed, including--
(A) to transmit electricity, including via subsea electricity cables, subsea electricity transformers, or equipment related to the support of offshore energy production installations;
(B) to transport natural gas, oil, or hydrogen between land-based or off-shore infrastructure; and
(C) associated landing stations and facilities.
(9) Subsea communications infrastructure.--The term "subsea communications infrastructure" has the meaning given the term "submarine cable system" in section 1.70001(h) of title 47, Code of Federal Regulations, and any subsequent update to such meaning.
PART I--INTERNATIONAL COORDINATION AND ENGAGEMENT ON CRITICAL UNDERSEA INFRASTRUCTURE
SEC. 8753.
Text printed in the Record (11,916 characters)
FINDINGS.
Congress makes the following findings:
(1) Sabotage of critical undersea infrastructure poses a growing threat to United States and allied security and economic prosperity.
(2) In recent years, numerous critical undersea infrastructure sites were destroyed or damaged, including--
(A) in January 2022, the reported damage to subsea communications infrastructure connecting the Norwegian mainland with the Norwegian archipelago of Svalbard, home of SvalSAT, the largest commercial satellite ground station on Earth;
(B) in February 2023, the reported damage to subsea communications infrastructure connecting the main island of Taiwan to the Matsu Islands in the Taiwan Strait;
(C) in October 2023, the reported damage to the Finland-to-Estonia Balticconnector natural gas pipeline spanning the Gulf of Finland, in addition to the reported damage to subsea communications cables connecting Estonia and Sweden and Finland and Estonia;
(D) in November 2024, the reported damage to the Finland-to-Germany C-Lion1 subsea communications cables and the Lithuania-to-Sweden BCS subsea communications cable in the central Baltic Sea;
(E) in December 2024, the reported damage to the Finland-to-Estonia EstLink2 subsea electricity interconnection cable and nearby subsea communications cables in the Gulf of Finland;
(F) in January 2025, the reported damage to the Trans-Pacific Express subsea communications cable connecting Taiwan to the United States, the Republic of Korea, and Japan;
(G) in February 2025, the reported damage to a subsea communications cable connecting the main island of Taiwan with the Penghu Islands in the Taiwan Strait;
(H) in January 2026, the reported damage to subsea communications cables from Latvia in the Central Baltic Sea linking Liepaja and Sventoji; and
(I) in January 2026, the reported damage to the Elisa cable connecting Finland and Estonia involving a vessel named the Fitburg.
(3) In February 2024, NATO Defense Ministers established the Critical Undersea Infrastructure Network to coordinate information and threat intelligence sharing among private and public sector actors to protect critical undersea infrastructure.
(4) In January 2025, following critical undersea infrastructure sabotage in the Baltic Sea in December 2024, the North Atlantic Treaty Organization (NATO) launched Baltic Sentry to strengthen the protection of critical undersea infrastructure.
(5) On February 21, 2025, the European Union published an EU Action Plan on Cable Security to include the development and deployment of an Integrated Surveillance Mechanism for Submarine cables work to establish a dedicated regional hub in the Baltic Sea to serve as a test bed of the integrated surveillance approach.
(6) The Association of Southeast Asian States (ASEAN) published guidelines for Strengthening Resilience and Repair of Submarine Cables and most recently announced plans to "build a secure, diverse and resilient submarine cable network" and "to facilitate the expeditious deployment, repair, maintenance, removal, and protection of submarine cables, between ASEAN Member States".
(7) On July 1, 2025, the Quad, represented by the United States, India, Japan, and Australia, met to reaffirm its commitment to the Quad Partnership on Cable Connectivity and Resilience. In the meeting, the Quad underscored the need for digital infrastructure collaboration, organizing a subsea cables forum to be hosted by the United States and India and encouraging regulatory harmonization between Quad partners. Through this initiative, the Quad seeks to defend and promote resilient, secure, and transparent digital infrastructure across the Indo-Pacific region.
SEC. 8754. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) critical undersea infrastructure represents vital strategic and economic links between the United States and its partners and allies;
(2) according to NATO, "undersea cables carry an estimated $10 trillion in transfers every day; two-thirds of the world's oil and gas is either extracted at sea or transported by sea; and around 95 percent of global data flows are transmitted via undersea cables";
(3) since Russia's full-scale invasion of Ukraine in 2022, there has been a marked increase in high-profile suspected sabotage incidents resulting in damage to critical undersea infrastructure, especially across Northern Europe and East Asia;
(4) private sector owners and operators of critical undersea infrastructure are responsible for the installation, maintenance, security, and repair of critical undersea infrastructure, and the role of the United States Government is to support, not supplant, those responsibilities through domestic and international coordination, including with the private sector and allied foreign governments, to improve security, threat detection, and incident response to address sabotage and policies that undermine critical undersea infrastructure resilience;
(5) the United States Government has an important role to play in supporting international bodies concerned with the protection of critical undersea infrastructure, including promoting network resilience and redundancy, and encouraging the implementation of appropriate standards and best practices in support of these goals;
(6) the United States Government should deepen its contribution to multilateral efforts to protect critical undersea infrastructure, including appropriate participation in NATO initiatives such as the NATO Maritime Centre for the Security of Critical Undersea Infrastructure, the Critical Undersea Infrastructure Coordination Cell, the Critical Undersea Infrastructure Network, and the NATO-EU Task Force on the Resilience of Critical Infrastructure, allied maritime security efforts such as the Joint Expeditionary Force, Indo-Pacific initiatives, including the Quad Partnership for Cable Connectivity and Resilience, and international organizations such as the International Cable Protection Committee (ICPC), in order to advance United States national security and economic interests; and
(7) the United States should work with allies and partners to support the private sector deployment of resilient critical undersea infrastructure networks, enhance shared situational awareness, strengthen joint preparedness, and formalize coordinated responses among allies and partners through improved information sharing and cooperation with private sector owners and operators to prevent, deter, and mitigate sabotage.
SEC. 8755. ENHANCING UNITED STATES GOVERNMENT ENGAGEMENT WITH
RELEVANT INTERNATIONAL BODIES TO SAFEGUARD
UNITED STATES INTERESTS.
(a) In General.--The Secretary, in coordination with the interagency committee, as appropriate, shall seek to deepen United States Government engagement with relevant international bodies to advance United States national security and economic interests as it relates to critical undersea infrastructure.
(b) Report.--Not later than one year after the date of the enactment of this Act, and
annually thereafter for 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes the following:
(1) A description of how strengthened United States Government engagement with relevant international bodies, including in coordination with the United States domestic subsea cable industry, could support United States national security objectives as it relates to the protection of critical undersea infrastructure.
(2) A description of key objectives for promoting and protecting United States national security interests within relevant international bodies.
(3) A description of how the People's Republic of China entities leverage their engagement with relevant international bodies to further their strategic interests.
(4) A description of how encouraging other countries and regional bodies to engage with relevant international bodies can better ensure coordinated, consistent global critical undersea infrastructure policies.
(5) A description of international bodies relevant for critical undersea infrastructure where the United States should increase its diplomatic engagement.
SEC. 8756. IMPOSITION OF SANCTIONS WITH RESPECT TO CRITICAL
UNDERSEA INFRASTRUCTURE SABOTAGE.
(a) In General.--The President, in coordination with the Secretary and the Secretary of the Treasury, shall impose the sanctions described in subsection (c) with respect to any foreign person that the President determines, on or after the date of the enactment of this Act, is responsible for acts of sabotage or knowingly facilitates acts of sabotage against critical undersea infrastructure, including--
(1) any foreign vessel or entity the owner or operator of which knowingly--
(A) commits acts of sabotage; or
(B) conducts preparatory surveillance, logistical support, security, or other services that facilitate or enable an act of sabotage; and
(2) any foreign person that the President determines knowingly--
(A) owns, operates, or manages the vessel or entity described in paragraph (1);
(B) provides underwriting services or insurance or reinsurance necessary for such a vessel or entity;
(C) facilitates deceptive or structured transactions to support a vessel or entity described in paragraph (1);
(D) provides port or logistics services or facilities for technology upgrades or installation of equipment for, or retrofitting or tethering of, a vessel described in paragraph (1) for the purpose of evading sanctions;
(E) provides documentation, registration, or flagging services for a vessel described in paragraph (1) for the purpose of evading sanctions; or
(F) serves as a captain, principal officer, or senior leadership of such a vessel or entity.
(b) Sanctions Described.--The sanctions described in this subsection are the following:
(1) Blocking of property.--The President may exercise all of the powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person described in subsection (a), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in subsection (a) shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of an alien described in subsection (a) shall be revoked, regardless of when such visa or other entry documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry documentation that is in the possession of the alien.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person that violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act (50 U.S.C.
Text printed in the Record (10,580 characters)
1705(a)).
(d) Exceptions.--
(1) Exception to comply with united nations headquarters agreement and law enforcement activities.--Sanctions under this section shall not apply with respect to an alien if admitting or paroling the alien is necessary--
(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or
(B) to carry out or assist authorized law enforcement activity in the United States.
(2) Exception to comply with intelligence activities.--Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.
(3) Exception for humanitarian assistance.--Sanctions under this section shall not apply to--
(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or
(B) transactions that are necessary for or related to the activities described in subparagraph (A).
(4) Exception for safety of vessels and crew.--Sanctions under this section shall not apply with respect to a person providing provisions to a vessel otherwise subject to sanctions under this section if such provisions are intended for the safety and care of the crew aboard the vessel, the protection of human life aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.
(e) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms "admission", "admitted", and "alien" have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Agricultural commodity.--The term "agricultural commodity" has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(3) Foreign person.--The term "foreign person" means an individual or entity that is not a United States person.
(4) Medicine.--The term "medicine" has the meaning given the term "drug" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(5) Medical device.--The term "medical device" has the meaning given the term "device" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(6) United states person.--The term "United States person" means--
(A) any United States citizen or an alien lawfully admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including any foreign branch of such an entity; or
(C) any person in the United States.
(f) National Security Interests Waiver.--The President may waive the application of sanctions under this section if, before issuing the waiver, the President submits to the appropriate congressional committees--
(1) a certification in writing that the issuance of the waiver is in the national security interests of the United States; and
(2) a report, including an optional classified annex, explaining the basis for the certification.
SEC. 8757. REPORT ON ACTIVITIES BY THE PEOPLE'S REPUBLIC OF
CHINA AND THE RUSSIAN FEDERATION.
(a) Report.--To ensure appropriate deterrence, escalation management, and responses related to critical undersea infrastructure, not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Office of the Director of National Intelligence (ODNI), in coordination with the Secretary, the Secretary of Defense, and the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that includes the following:
(1) A description, with respect to the applicable reporting period, of the subsea cable manufacturing, installation, and maintenance capabilities of the People's Republic of China (PRC) and the Russian Federation.
(2) An analysis of the mission, capabilities, and activities of the Main Directorate of Deep-Sea Research (GUGI) of the Armed Forces of the Russian Federation, including--
(A) a description of GUGI's use of ostensibly civilian research vessels to conduct critical undersea infrastructure seabed warfare, and potential sabotage;
(B) an assessment of the impact of sanctions on the ability of GUGI to procure advanced technologies and equipment, as well as its efforts to circumvent those sanctions; and
(C) a list of suspected GUGI research or scientific vessels, including vessel names and International Maritime Organization and Maritime Mobile Service Identity numbers, and related equipment that are suspected of engaging in dual-use operations and probing of critical undersea infrastructure.
(3) An analysis of the missions, capabilities, and activities of the People's Liberation Army, the PRC Coast Guard, the China Ship Scientific Research Center, HMN Technologies, and other PRC-based entities, including unmarked or dual-use maritime militia or commercial vessels related to monitoring and sabotage of critical undersea infrastructure, including--
(A) a description of recent capability developments related to sabotaging critical undersea infrastructure, including for both deep-sea and littoral purposes; and
(B) a description of the PRC's use of ostensibly civilian fishing, merchant, and research vessels for sabotage of critical undersea infrastructure, including in the Indo-Pacific, Africa, Latin America, Europe, and the Western Hemisphere.
(4) An assessment of cooperation between the Russian Federation and the PRC on sabotage of critical undersea infrastructure, including--
(A) any current or planned operational coordination against United States or allied and partner nation targets;
(B) any joint research, development, testing, or evaluation of critical undersea infrastructure sabotage or seabed warfare capabilities;
(C) any technology transfers or joint training related to critical undersea infrastructure surveillance, sabotage, or seabed warfare; and
(D) any coordination in procurement of advanced technologies related to critical undersea infrastructure sabotage, seabed warfare, or circumvention of sanctions against the Russian Federation.
(5) A list of instances during the previous calendar year in which the United States, or allies and partners of the United States, documented anomalous behavior from vessels, either flagged, crewed, or operated by the PRC or Russia, around critical undersea infrastructure, including--
(A) any official United States Government response to counter the anomalous behavior; and
(B) any coordinated diplomatic action with allies and partners.
(6) An assessment of the extent to which PRC-based entities are involved in laying, maintaining, and repairing United States-invested cables.
(b) Initial and Subsequent Reports.--The initial report required under subsection (a) shall cover the period between January 1, 2022, through the date of the enactment of this Act. Subsequent reports required by subsection (a) shall cover the previous calendar year for the reporting period.
(c) Classification.--The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
SEC. 8758. ENGAGING FOREIGN PARTNERS TO STRENGTHEN THE
SECURITY OF CRITICAL UNDERSEA INFRASTRUCTURE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) as international critical undersea infrastructure expands, the complexity of the deployment and protection of subsea cables is increasing, which can create operational and security vulnerabilities that, if exploited, may have national security implications for the United States and foreign partners;
(2) the United States, together with its allies and partners, is well positioned to offer technical, material, and other forms of support to international partners to enhance the resilience of international critical undersea infrastructure;
(3) the United States Government should enhance its diplomatic engagement with trusted allies to support foreign governments and private industry efforts to improve the timely and effective deployment and protection of critical undersea infrastructure; and
(4) given the importance of critical undersea infrastructure to United States and allied energy security and prosperity, adversaries are increasingly prioritizing capabilities designed to target United States and allied subsea energy infrastructure.
(b) Commitment of Personnel and Resources.--The Secretary shall devote sufficient personnel and resources towards--
(1) engaging with foreign countries, in coordination with other relevant Federal agencies and private industry, to promote international cooperation on the security and resilience of critical undersea infrastructure, including by helping address regulatory and diplomatic obstacles that may affect the timely deployment and protection by operators; and
(2) working with allies and partners to improve collective preparedness and response times in the event of sabotage affecting critical undersea infrastructure, including, as appropriate, by supporting international coordination mechanisms that facilitate the timely deployment of cable repair and support vessels.
(c) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the next 5 years, the Secretary, in coordination with other relevant Federal agencies, shall submit to the appropriate congressional committees a report that outlines efforts by the United States Government in the prior calendar year to work with international allies and partners to strengthen the security and resilience of critical undersea infrastructure, including--
(1) a list of current foreign policies, laws, or regulatory practices that may create barriers or constrain the ability of critical undersea infrastructure operators to install, maintain, repair, and protect critical undersea infrastructure and any steps taken through dialogue with allies and partners to address such challenges; and
(2) a description of the progress made in the previous calendar year as a result of United States diplomatic engagement with allies and partners on these issues.
PART II--DEPARTMENT OF STATE CRITICAL UNDERSEA INFRASTRUCTURE EXPERTISE
SEC. 8761.
Text printed in the Record (11,484 characters)
EXPANDING CRITICAL UNDERSEA INFRASTRUCTURE-RELATED
EXPERTISE AT THE DEPARTMENT OF STATE.
(a) In General.--The Secretary shall ensure that the Department has adequate expertise to support the Department's diplomatic and interagency engagement on matters related to critical undersea infrastructure, including--
(1) promoting the protection and resilience of critical undersea infrastructure through international cooperation;
(2) coordinating with United States allies and partners on foreign policy and security aspects of critical undersea infrastructure; and
(3) representing United States interests and engagement in international bodies that address critical undersea infrastructure.
(b) Assignment.--The Bureau for Cyberspace and Digital Policy shall ensure that personnel assigned to oversee critical undersea infrastructure are provided sufficient time, resources, and ability to carry out those responsibilities effectively, including, as appropriate, by prohibiting dual-hatting arrangement that could dilute the Department's expertise.
(c) Notification.--Not later than 15 days after fulfilling the expertise requirement in subsection (a), the Secretary shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(d) International Cooperation on Critical Undersea Infrastructure Sabotage.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on how the United States Government plans to prioritize diplomatic engagement within relevant international bodies to encourage and facilitate appropriate information sharing between allied and partner governments and relevant private sector companies regarding threats to, and the sabotage of, critical undersea infrastructure.
PART III--INTERNATIONAL COOPERATION ON SUBSEA COMMUNICATIONS
INFRASTRUCTURE PROTECTION FROM SABOTAGE
SEC. 8762. IMPROVING UNITED STATES GOVERNMENT COORDINATION ON
PROTECTING SUBSEA COMMUNICATIONS
INFRASTRUCTURE.
(a) Findings.--Congress makes the following findings:
(1) There is no single agency where subsea cable owners and operators can engage the United States Government on security and resilience, including to seek coordinated assistance in identifying and addressing shared risks to subsea communications infrastructure.
(2) United States Federal Government responsibilities for the protection of subsea communications infrastructure, damage reporting, information and intelligence sharing, and emergency response are spread across multiple departments and agencies.
(3) In order to ensure United States agencies and departments appropriately account for the risks to subsea communications infrastructure and provide timely and coordinated support when warranted, the United States Government should improve interagency coordination and share risk assessments and best practices with the subsea communications infrastructure industry, while respecting the industry's primary responsibility for security risk mitigation, investment, and operational decision-making.
(b) Establishment.--Not later than one year after the date of the enactment of this Act, the President shall establish an interagency committee (referred to in this subtitle as the "interagency committee") comprised of the heads, or their designees, of the appropriate Federal agencies and departments, to coordinate the United States Government efforts to--
(1) promote awareness of and support for the protection and resilience of subsea communications infrastructure;
(2) facilitate voluntary collaboration and information sharing with relevant non-Federal entities, including relevant members of the subsea communications infrastructure industry, to identify and address shared challenges to subsea communications infrastructure security and resilience;
(3) coordinate United States Government policies related to subsea communications infrastructure security and resilience; and
(4) address other matters related to subsea communications infrastructure deemed appropriate and necessary by the President.
(c) Coordination.--The President shall direct the interagency committee to conduct an overview of the United States Federal Government's operational authorities for subsea communications security and resilience. The overview shall include an interagency concept of operations describing how Federal departments and agencies will coordinate with one another and, on a voluntary basis, partner with non-Federal entities, including subsea communications owners and operators, to support the security and repair of subsea communications infrastructure in a variety of crisis scenarios.
(d) Analysis of Subsea Communications Infrastructure Sabotage.--
(1) In general.--The President shall direct the heads of the appropriate Federal agencies to develop strategies to coordinate closely within the interagency process and, on a voluntary basis, with subsea communications industry stakeholders to review sabotage and other threats to subsea communications infrastructure, including where appropriate and consistent with applicable law and voluntary information-sharing arrangements, by leveraging analysis from aggregated industry data, to--
(A) identify trends;
(B) refine attributions, particularly in cases of subsea communications infrastructure sabotage;
(C) identify geographic areas where subsea communications infrastructure may face elevated risk;
(D) identify Federal Government functions and private sector engagement methods that can support, rather than direct, the security of subsea communications infrastructure; and
(E) inform future risk mitigation efforts by Federal departments and agencies to support industry-led measures to reduce damage to subsea communications infrastructure.
(2) Strategy elements.--The strategies required under paragraph (1) shall include--
(A) resourcing requirements to carry out the activities described in paragraph (1);
(B) coordination with United States allies and partners and relevant subsea communications infrastructure industry stakeholders; and
(C) the necessary technical expertise within the Federal Government to contribute to the analysis of subsea communications infrastructure sabotage.
(e) Report.--Not later than 30 days after establishing the required interagency committee under subsection (b), the President shall submit to Congress a report that includes the following elements:
(1) Any resources required to sufficiently staff the interagency committee and United States Federal agencies overseeing the objectives outlined in subsection (b).
(2) A detailed plan for how the interagency committee will advance the objectives outlined in subsection (b).
SEC. 8763. STRENGTHENING INFORMATION SHARING BETWEEN UNITED
STATES GOVERNMENT AND PRIVATE SECTOR
STAKEHOLDERS ON SUBSEA COMMUNICATIONS
INFRASTRUCTURE.
(a) Public-private Sector Information Sharing.--Consistent with the necessary protections of classified information, the sourcing of relevant intelligence material, and privacy and civil liberties, all appropriate Federal agencies shall, in direct coordination with the Office of the Director of National Intelligence, and, as appropriate, with intelligence sharing partnerships with trusted allies, issue procedures--
(1) to enable the timely sharing of classified information regarding subsea communications infrastructure sabotage, any indications of potential sabotage, and other threats to subsea communications infrastructure with non-Federal entities that possess the necessary security clearances;
(2) to facilitate the timely sharing between members of the interagency committee and non-Federal entities of information related to subsea communications infrastructure sabotage, information relating to indications of potential sabotage, or other threats when such information can be declassified and shared at an unclassified level;
(3) to promote the timely sharing by members of the interagency committee to non-Federal entities, and the voluntary, cooperative sharing by non-Federal entities to members of the interagency committee, of unclassified, including controlled unclassified, information regarding subsea communications infrastructure sabotage, indications of potential sabotage, and other threats to subsea communications infrastructure; and
(4) to support the prevention or mitigation of adverse effects from sabotage or other threats to subsea communications infrastructure through the timely sharing by members of the interagency committee to non-Federal entities, and the voluntary cooperative sharing by non-Federal entities to members of the interagency committee, when and if appropriate, of information relating to indications of potential subsea communications infrastructure sabotage.
(b) Development of Procedures.--The procedures developed in accordance with this section shall--
(1) ensure the Federal departments and agencies that are members of the interagency committee have and maintain the capacity to identify and inform in near real time information regarding subsea communications infrastructure sabotage and indications of potential subsea communications infrastructure sabotage to other appropriate Federal agencies or non-Federal entities consistent with the protection of classified information;
(2) incorporate, whenever possible, existing processes, roles, and responsibilities of members of the interagency committee and non-Federal entities for information sharing, including subsea communications infrastructure-specific information sharing and analysis entities; and
(3) require members of the interagency committee and other appropriate Federal agencies which are sharing subsea communications infrastructure sabotage indicators or defensive measures to employ any applicable security controls to defend against unauthorized access to or acquisition of such information.
(c) Submittal to Congress.--The Director of National Intelligence, in consultation with the members of the interagency committee, shall--
(1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees the procedures required under subsection (b); and
(2) not later than one year after submitting such procedures, and annually thereafter for 5 years, submit to Congress a report on the implementation and execution of information sharing with non-Federal entities in the previous year pursuant to subsection (a).
SEC. 8764. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed--
(1) to confer any new regulatory authority on, or to modify any existing regulatory of, any Federal department or agency with respect to owners and operators of critical undersea infrastructure, to authorize the provision of subsidies to critical undersea infrastructure, or to alter the responsibility of the private sector for the deployment, operation, maintenance, security, and repair of critical undersea infrastructure;
(2) to involuntarily require non-Federal entities to share proprietary or confidential business information with the United States Government;
(3) to alter existing statutory authorities or criteria governing communications services, or the licensing permitting, or authorization of submarine cable landings, spectrum, or domestic communications regulation, including any requirements under the Act of May 27, 1921 (47 U.S.C.
Text printed in the Record (11,135 characters)
34 et seq.; commonly known as the "Cable Landing Licensing Act") or related statutes;
(4) to create any new requirement that non-Federal entities obtain additional Federal approvals, beyond those already required under existing law, before planning, constructing, operating, maintaining, or repairing critical undersea infrastructure; or
(5) to authorize any Federal department or agency to direct, approve, or veto the day-to-day operational decisions of owners or operators of critical undersea infrastructure, including route selection, maintenance scheduling, or other commercial decisions except as expressly provided by other applicable law.
Subtitle F--Countering China's Control of the Caucasus Act
SEC. 8771. SHORT TITLE.
This subtitle may be cited as the "Countering China's Control of the Caucasus Act of 2026".
SEC. 8772. REPORTS AND BRIEFINGS.
(a) Report on Russian and Chinese Intelligence Assets in Georgia.--
(1) Defined term.--In this section, the term "relevant congressional committees" means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Foreign Affairs of the House of Representatives;
(F) the Permanent Select Committee on Intelligence of the House of Representatives;
(G) the Committee on Armed Services of the House of Representatives; and
(H) the Committee on Appropriations of the House of Representatives.
(2) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Director of National Intelligence and the Secretary of Defense, shall submit a classified report, as appropriate, to the relevant congressional committees that meets the requirements set forth in paragraph (3).
(3) Contents.--The report required under paragraph (2) shall--
(A) be prepared consistent with the protection of sources and methods;
(B) examine the penetration of Russian and Chinese intelligence elements and their assets in Georgia; and
(C) examine the potential intersection of Russian and Chinese influence and cooperation in Georgia.
(b) 5-Year United States Strategy for Bilateral Relations With Georgia.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the relevant congressional committees a detailed strategy that--
(A) outlines specific objectives for enhancing bilateral ties which reflect the current domestic political environment in Georgia;
(B) includes a determination of the tools, resources, and funding that should be available to achieve the objectives outlined pursuant to subparagraph (A) and an assessment of whether Georgia should remain a top recipient of United States funding in the Europe and Eurasia region;
(C) includes a determination of the extent to which the United States should continue to invest in its partnership with Georgia; and
(D) includes a determination of whether the Government of Georgia remains committed to expanding trade ties with the United States and Europe and whether the United States Government should continue to invest in Georgian projects.
(2) Form.--The report required under paragraph (1) shall be submitted in unclassified form, with a classified annex.
SEC. 8776. ANNUAL REPORT.
(a) Short Title.--This section may be cited as the "Saving Lives and Taxpayer Dollars Act".
(b) In General.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter through December 31, 2030, the Secretary, in coordination with the head of the relevant Federal department or agency responsible for administering assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or under the Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq) shall submit a report to the appropriate congressional committees that describes any foreign assistance product or commodity that, despite all reasonable efforts to prevent contamination, spoilage, or expiration or, having reached the end of a product's useful life under the laws of the United States or of the recipient country, was destroyed during the reporting period.
(c) Contents.--The report required under subsection (b) shall include, for each product or commodity that was contaminated, spoiled, expired, or reached the end of its useful life and was destroyed--
(1) a description of the reasonable efforts made to prevent waste and ensure the product or commodity reached the intended beneficiaries;
(2) the reason the product or commodity could not be made available to the intended beneficiaries, including a description of any relevant domestic laws or regulations of the intended beneficiary country that impeded or prohibited the delivery, donation or sale of such product or commodity prior to its spoilage, expiration date, or the date on which the product reached the end of its useful life;
(3) the purpose of the product or commodity and the geographic locations of the intended beneficiaries of such product or commodity;
(4) the procured and market value of the products or commodity; and
(5) the cost incurred to destroy the product or commodity, as applicable.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term "appropriate congressional committees" means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives.
(2) Foreign assistance product or commodity.--The term "foreign assistance product or commodity" means any product or commodity provided by the United States Government under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or under the Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), including food, specialized nutrition products, medicines, vaccines, and medical supplies and devices that are procured, acquired, managed, controlled, or held in warehouse, ships, shipping containers, or any other storage facility, by the United States Government or an implementing partner of the United States Government.
(3) Reporting period.--The term "reporting period" means--
(A) with respect to the initial report required under subsection (b), the period beginning on the date of the enactment of this Act and ending on the date on which such report is submitted to the appropriate congressional committees; and
(B) with respect to all subsequent reports required under subsection (b), the period beginning on the day after the date on which the prior report was submitted pursuant to subsection (b) and ending on the date on which the next report is submitted.
SEC. 8781. REPORT ON THE IMPACT OF UNITED STATES ASSISTANCE.
(a) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that--
(1) describes the foreign assistance strategy of the United States in support of United States-Syria policy; and
(2) provides comprehensive details on foreign assistance programs (including humanitarian and nonhumanitarian efforts) inside Syria that have been paused or canceled since January 2025.
(b) Elements.--The report required under subsection (a) shall include, at a minimum, the following elements:
(1) A listing of any United States foreign assistance program currently operating in Syria, including a description of the scope of each program and how each program serves United States objectives in Syria.
(2) A description of efforts to leverage international donors, multilateral organizations, charities, or other external funders to fill gaps, where they exist.
(3) An accounting of all sustained and ongoing humanitarian and foreign assistance programs inside Syria, including a comprehensive description of each project, any supporting organizations, relevant details related to funding, performance metrics, progress towards meeting United States objectives, and other relevant details, as needed.
SEC. 8782. STRATEGY ON ISIS-RELATED DETAINEE AND DISPLACEMENT
CAMPS IN SYRIA.
Section 1262 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) is amended--
(1) in subsection (e)(1), by inserting ", and annually thereafter through January 2029," after "Not later than 180 days after the date of the enactment of this Act"; and
(2) in subsection (f)(1)--
(A) in the matter preceding subparagraph (A), by striking "January 31, 2025" and inserting "January 31, 2029"; and
(B) in subparagraph (A), by striking clause (ii) and inserting the following:
"(ii) an assessment of the status of all United States efforts, including via foreign assistance, to encourage and facilitate repatriation and reintegration of all individuals from such camps, consistent with all relevant domestic and applicable international laws;".
SEC. 8783. STRATEGY FOR ENGAGEMENT WITH SYRIAN AUTHORITIES
AND FOR EVALUATING SECURITY AT THE UNITED
STATES MISSION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should take measures to expand its engagement with Syrian authorities in support of mutual national security interests, such as combating terrorism, eliminating chemical weapons, and mitigating Captagon smuggling; and
(2) the Department should take measures to evaluate and mitigate known security vulnerabilities at the United States mission in Damascus in support of eventually reopening the embassy compound for official usage.
(b) Report Required.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until January 1, 2029, the Secretary shall submit to the appropriate committees of Congress a report describing the strategy of the United States to establish and sustain deepened engagement with Syrian authorities and assesses in detail the security conditions at the United States mission in Damascus and any known security preparations to re-establish operations on the compound.
(2) Elements.--The report required under paragraph (1) shall include, at a minimum, the following elements:
(A) A strategy to strengthen and sustain broader United States engagement with Syrian authorities, which includes policy objectives, staffing plans domestically and overseas, regional engagement efforts, and efforts to engage Syrians, including activists, political groups, and civil society organizations.
(B) A detailed accounting of progress made on the engagement strategy, including meetings, travel, staffing patterns and changes, and notable gaps or areas where additional engagement is needed.
(C) A comprehensive assessment of security conditions at the United States mission in Damascus, any notable changes or progress made towards hardening security, and any progress towards re-establishing a permanent presence or re-opening the embassy.
SEC. 8784.
Text printed in the Record (9,697 characters)
STRATEGY TO ENSURE THE ENDURING DEFEAT OF ISIS IN
SYRIA.
(a) Strategy Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, shall jointly develop and submit to the appropriate committees of Congress a strategy to combat and prevent the further resurgence of ISIS and its affiliates in Syria.
(b) Elements of the Strategy.--The strategy required under subsection (a) shall include the following elements:
(1) A summary of the United States national security interests in Syria and the impact a resurgence of ISIS would have on those interests.
(2) A comprehensive assessment of current training and support programs by agency or department, specifically focused on countering ISIS and other terrorist organizations, including nonlethal assistance, training, and organizational capacity for the Syrian authorities and others to counter gains by ISIS and its affiliates.
(3) A detailed description of United States Government efforts to support, develop, and expand the capacity of Syrian authorities to combat ISIS and prevent its return.
(4) An estimate of the number of current, active ISIS members in Iraq and Syria, including an assessment of those being held in detainee camps or prisons.
(5) A comprehensive plan to repatriate or secure ISIS detainees currently being held in Syria and Iraq, including--
(A) repatriation, transfer, prosecution, and intelligence-gathering;
(B) coordinating a whole-of-government approach with other countries and international organizations, including INTERPOL, to ensure secure chains of custody and locations of ISIS foreign terrorist fighter detainees;
(C) coordinating technical and evidentiary assistance to foreign countries to aid in the successful prosecution of ISIS foreign terrorist fighter detainees;
(D) all multilateral and international engagements led by the Department and other agencies that are related to the current and
future handling, detention, and prosecution of ISIS foreign terrorist fighter detainees;
(E) engagement with international partners on legal, tenable mechanisms for repatriating foreign fighters; and
(F) a plan for how funds in appropriations Acts will support disarmament, demobilization, disengagement, deradicalization, and reintegration of current and former members and affiliates of ISIS and their family members.
(6) A description, which may be in classified form, of ISIS senior leadership and infrastructure and efforts to target leadership figures.
(7) A comprehensive description of the activities of the United States Government, utilizing social media and other communication technologies, to counter ISIS's propaganda and influence and its ability to use such technologies to recruit fighters domestically and internationally, including through private technology companies, and a description of how such activities are being coordinated across the United States Government.
(8) A description of the steps taken by the United States Government, including through the use of economic sanctions to deny financial resources to ISIS and its affiliates, in conjunction with international partners and financial institutions.
(9) A description of United States Government efforts to support credible war crimes prosecutions against ISIS fighters.
(10) A plan to ensure the delivery of humanitarian and reintegration assistance.
SEC. 8785. DEFINED TERM.
In this subtitle, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Foreign Affairs of the House of Representatives;
(5) the Committee on Appropriations of the House of Representatives; and
(6) the Committee on Armed Services of the House of Representatives.
SEC. 8791. REPEALS OF SYRIA SANCTIONS STATUTES.
(a) Syria Accountability and Lebanese Sovereignty Restoration Act of 2003.--The Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (Public Law 108-175; 22 U.S.C. 2151 note) is repealed.
(b) Syria Human Rights Accountability Act of 2012.--The Syria Human Rights Accountability Act of 2012 (title VII of Public Law 112-158; 22 U.S.C. 8701 et seq.) is repealed.
SEC. 8792. ESTABLISHMENT OF UKRAINE LESSONS LEARNED TASK
FORCE.
(a) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, shall establish a joint interagency task force, to be known as the "Ukraine Lessons Learned Task Force" (referred to in this section as the "Task Force").
(b) Purposes.--The purposes of the Task Force are--
(1) identifying, evaluating, and synthesizing key battlefield innovations, operational practices, and defense strategies employed by Ukraine in its resistance to Russian aggression;
(2) assessing the relevance of such lessons to United States military doctrine, training, logistics, acquisition, and strategic planning;
(3) recommending specific changes or pilot programs to integrate such lessons into United States defense systems;
(4) identifying vulnerabilities in United States systems highlighted by Ukraine's experience, including through joint operations such as Operation Spider Web; and
(5) coordinating with NATO allies and Ukrainian defense counterparts, as appropriate.
(c) Reporting Requirements.--
(1) Annual report to congress.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of Defense, in coordination with the Secretary, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, shall submit to the appropriate committees of Congress a report that includes--
(A) a summary of the findings and assessments conducted by the Task Force;
(B) recommendations for changes to doctrine, training, acquisition, or organizational structure;
(C) an overview of any pilot programs or implementation actions taken in response to such recommendations; and
(D) a classified annex with detailed assessments, to the extent necessary.
(2) Public version.--An unclassified version of the report required under paragraph (1) that excludes sensitive and classified information shall be made available to the public through a public website.
(d) Integration Into Military Training and Strategy.--The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall ensure that relevant findings from the Task Force are--
(1) incorporated into professional military education curricula, including at the National Defense University, service academies, and war colleges;
(2) reflected in joint and service-specific training exercises and war games; and
(3) considered in the development of future operational concepts and planning scenarios.
(e) NATO and Allied Coordination.--The Secretary, in coordination with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall coordinate with NATO allies--
(1) to share and compare assessments of lessons learned from Ukraine's defense;
(2) to promote interoperability in defense innovation; and
(3) to explore the establishment of a multilateral "Defense Innovation Lessons Hub" or similar mechanism.
(f) Defined Term.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Appropriations of the Senate;
(5) the Committee on Foreign Affairs of the House of Representatives;
(6) the Committee on Armed Services of the House of Representatives;
(7) the Permanent Select Committee on Intelligence of the House of Representatives; and
(8) the Committee on Appropriations of the House of Representatives.
(g) Sunset.--This section shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act.
SEC. 8795. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(1) In general.--The authorities and requirements to impose sanctions under this title shall not include the authority or requirement to impose sanctions on the importation of goods.
(2) Defined term.--In this section, the term "good" means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the "James T. Woods Community Safety Act".
(b) Table of Contents.--The table of contents for this division is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Short title.
Sec. 111. Short title. Sec. 112. Findings. Sec. 113. Amendment of Federal sentencing guideline relating to child sexual abuse material.
Subtitle B--Ending Coercion of Children and Harm Online
Sec. 121. Short title. Sec. 122. Coercion of children to commit harm. Sec. 123. Clerical and conforming amendments. Sec. 124. Severability.
Sec. 131. Short title. Sec. 132. Criminalizing threats to distribute child sexual abuse material. Sec. 133. Penalties for threats to distribute child sexual abuse material. Sec. 134. Severability.
Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Amendments to title 18, United States Code. Sec. 204. Establishment of a Center to Combat Organized Retail and Supply Chain Crime.
TITLE III--LIEUTENANT OSVALDO ALBARATI STOPPING PRISON CONTRABAND ACT Sec. 301. Short title. Sec. 302. Prohibited provision of a phone. Sec. 303. Review of policies. Sec. 401. Short title. Sec. 402. Definitions. Sec. 403. Adding xylazine to schedule III. Sec. 404. Amendments. Sec. 405. Arcos tracking. Sec. 406. Sentencing Commission. Sec. 407. Report to Congress on xylazine.
Text printed in the Record (11,378 characters)
SEC. 101. SHORT TITLE.
This tile may be cited as the "James T. Woods Act".
SEC. 111. SHORT TITLE.
This subtitle may be cited as the "Sentencing Accountability For Exploitation Act" or the "SAFE Act".
SEC. 112. FINDINGS.
Congress finds the following:
(1) Over many years, the complexity and scale of online child sex offenses have worsened, as offenders have taken advantage of technological developments to target and victimize ever-increasing numbers of children.
(2) In addition, offenders have pursued increasingly dangerous ways of victimizing children, including by resorting to organized efforts at extorting and manipulating children into engaging in sexually explicit conduct and other types of degrading and dangerous acts.
(3) Offenders have also been increasingly adept at globalizing their offenses, including by, for example, paying adults overseas to provide customized child sexual abuse material, which may be video recorded or live-streamed, to offenders in the United States.
(4) Meanwhile, as the complexity, scale, and dangerousness of online child sex crimes has worsened, long-existing sex crimes against children continue to flourish on the dark web, through social media and related applications, and otherwise.
(5) Effective investigation and prosecution are a critical component of the efforts of the United States to keep children safe, punish those who victimize them, and deter would-be offenders. It is imperative that the Federal sentencing guidelines account for these interests and ensure that offenders face advisory sentencing ranges that appropriately account for the scale, complexity, and dangerousness of these offenses.
SEC. 113. AMENDMENT OF FEDERAL SENTENCING GUIDELINE RELATING
TO CHILD SEXUAL ABUSE MATERIAL.
(a) Definitions.--In this section:
(1) Child.--The term "child" means an individual who has not attained 18 years of age.
(2) Child sexual abuse material.--The term "child sexual abuse material" has the meaning given the term "child pornography" in section 2256(8) of title 18, United States Code.
(3) Prohibited conduct against a child.--The term "prohibited conduct against a child"--
(A) means--
(i) conduct committed against a child relating to--
(I) kidnapping;
(II) illegal sexual abuse, contact, or activity;
(III) live streaming of child sexual abuse;
(IV) using a child to produce child sexual abuse material; or
(V) sexual exploitation, including child sex trafficking; or
(ii) an attempt or conspiracy to engage in any conduct described in subclauses (I) through (V) of clause (i);
(B) does not include--
(i) conduct involving or similar to advertising, transporting, mailing, distributing, receiving, possession, accessing, or viewing child sexual abuse material; or
(ii) acquitted conduct, to the extent that such conduct is excluded from the scope of relevant conduct under section 1B1.3(c) of the United States Sentencing Guidelines Manual; and
(C) does not require a conviction.
(b) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements applicable to persons convicted of an offense under section 1466A, 2251(d)(1)(A), 2252, 2252A, or 2260(b) of title 18, United States Code, in order to reflect the intent of Congress that penalties for the offense under the guidelines and policy statements--
(1) appropriately account for--
(A) the actual and potential harm to victims and to the public from the offense; and
(B) changes that have occurred since the relevant guidelines and policy statements were last amended with respect to--
(i) typical offense behavior; and
(ii) the use of modern computer and internet technologies; and
(2) to better reflect the current spectrum of offender culpability.
(c) Requirements.--In carrying out subsection (b), the United States Sentencing Commission shall--
(1) ensure that the Federal sentencing guidelines and policy statements reflect--
(A) the seriousness of the offenses described in that subsection;
(B) the need to afford adequate deterrence to commission of the offenses;
(C) the need for just punishment for the offenses;
(D) the need to protect the public from further crimes of a defendant convicted of any such offense; and
(E) the need to differentiate among offenders based on their culpability and potential dangerousness;
(2) avoid duplicative punishment within the applicable guidelines and under the Federal sentencing guidelines for substantially the same conduct;
(3) develop a guideline that accounts for--
(A) whether, prior to, during, or after the offense at issue, the defendant engaged in, conspired to engage in, or attempted to engage in--
(i) an act of prohibited conduct against a child; or
(ii) a pattern of activity involving prohibited conduct against a child, whether involving a single victim or multiple victims;
(B) whether, prior to, during, or after the offense at issue, the defendant--
(i) participated in a group dedicated to child sexual abuse material or prohibited conduct against a child; or
(ii) encouraged, instructed, required, or similarly caused another individual to commit an offense involving child sexual abuse material or prohibited conduct against a child;
(C) whether the defendant engaged in multiple acts, not accounted for in the defendant's criminal history or counts of conviction, involving child sexual abuse material over an extended period of time or with a high degree of frequency;
(D) whether the defendant intentionally used, or promoted the use of, software, technology, procedures, or any other means to conceal the offense or the identity or location of the defendant or any victim, or to destroy evidence for an improper purpose, unless accounted for in the conduct of conviction;
(E) whether 3 or more online channels, technologies, platforms, or methods were used to commit the offense;
(F) gradations in--
(i) the severity of the depicted sexually explicit conduct, including especially severe physical or emotional trauma; and
(ii) the age or physical development of the minor;
(G) the number of items of child sexual abuse material or the number of victims involved in the offense;
(H) whether the offense involved distribution of child sexual abuse material, accounting for the nature of the distribution, including--
(i) distribution in order to receive any valuable consideration; and
(ii) distribution through any method that does not limit who can obtain the material or how many individuals can obtain the material;
(I) whether the offense involved the production, creation, or manufacture of child sexual abuse material that is not subject to the cross reference in section 2G2.2(c)(1) of the United States Sentencing Guidelines Manual to section 2G2.1 of the Manual;
(J) whether the offense was the direct and proximate cause of the victim's death by suicide; and
(K) any other conduct or factors that the United States Sentencing Commission determines appropriate to reflect the seriousness of the offense and differentiate among offenders;
(4) make any necessary conforming changes to the guidelines; and
(5) ensure that the guidelines adequately meet the purposes of sentencing, as set forth in section 3553(a)(2) of title 18, United States Code.
(d) Authority for United States Sentencing Commission.--In carrying out this section, the United States Sentencing Commission--
(1) may amend provisions of the Federal sentencing guidelines that were promulgated pursuant to any other specific congressional directives or legislation directly amending the guidelines and promulgate amendments that would result in sentencing ranges different than those that would have applied under such directives or legislation; and
(2) in developing a guideline that comports with the requirements of this section, particularly accounting for the factors set forth in subsection (c)(3)--
(A) may--
(i) design the specific offense characteristics, including the increase in offense level that each offense characteristic would provide; and
(ii) define any terms; and
(B) may not lower the applicable base offense level provided in section 2G2.2(a) of the United States Sentencing Guidelines Manual as in effect on the date of enactment of this Act.
(e) Repeals.--
(1) Laws.--The following provisions of law are repealed:
(A) Section 632 of the Treasury, Postal Service and General Government Appropriations Act, 1992 (28 U.S.C. 994 note; Public Law 102-141).
(B) Sections 2 and 3 of the Sex Crimes Against Children Prevention Act of 1995 (28 U.S.C. 994 note; Public Law 104-71).
(C) Section 401(i)(1) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (28 U.S.C. 994 note; Public Law 108-21).
(2) Guidelines.--Section 2G2.2(b) of the United States Sentencing Commission Guidelines Manual is amended by striking paragraph (7).
(3) Effective date.--The amendments made by this subsection shall take effect on the date on which the amendments to the Federal sentencing guidelines and policy statements required under subsection (b) take effect.
Subtitle B--Ending Coercion of Children and Harm Online
SEC. 121. SHORT TITLE.
This title may be cited as the "Ending Coercion of Children and Harm Online Act" or the "ECCHO Act".
SEC. 122. COERCION OF CHILDREN TO COMMIT HARM.
Chapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following:
"Sec. 2261C. Coercion of children to commit harm
"(a) Definitions.--For purposes of this section:
"(1) Coerce.--The term `coerce' includes the use of extortion, threats, fraud, deceit, duress, intimidation, harassment, humiliation, degradation, or manipulation.
"(2) Minor.--The term `minor' means any individual who has not attained the age of 18 years.
"(3) Substantial bodily injury.--The term `substantial bodily injury' has the meaning given that term in section 113.
"(b) Offense.--It shall be unlawful for any person, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, to intentionally coerce a minor, directly or through an intermediary, to--
"(1)(A) die by suicide or attempt to die by suicide; or
"(B) kill or attempt to kill any individual;
"(2) kill or attempt to kill any pet, emotional support animal, service animal, or horse;
"(3) strangle, suffocate, poison, burn, lacerate, or inflict serious bodily injury or substantial bodily injury on any individual (including the minor), pet, emotional support animal, service animal, or horse; or
"(4) commit or attempt to commit arson.
"(c) Penalty.--Any person who violates, or attempts or conspires to violate--
"(1) subparagraph (A) or (B) of subsection (b)(1) shall be fined under this title, imprisoned for any term of years or life, or both; or
"(2) paragraph (2), (3), or (4) of subsection (b) shall be fined under this title, imprisoned for not more than 30 years, or both.".
SEC. 123. CLERICAL AND CONFORMING AMENDMENTS.
(a) Clerical Amendment.--The table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261B the following:
"2261C. Coercion of children to commit harm.".
Text printed in the Record (8,785 characters)
(b) Conforming Amendments.--(1) Title 18.--(A) Chapter 110.--Chapter 110 of title 18, United States Code, is amended--(i) in section 2252A(g), by inserting "section 2261C," after "section 1591,"; and (ii) in section 2258A--
(I) in subsection (a)--
(aa) in paragraph (1)(A), by striking "online child sexual exploitation and to prevent the online sexual exploitation of children" and inserting ", and to prevent, online child sexual exploitation and online coercion of children"; and
(bb) in paragraph (2)(A)--
(AA) by striking "or 2260 that involves child pornography," and inserting "2260, 2261C, or 2422(b), or"; and
(BB) by striking ", or of 2422(b)";
(II) in subsection (b), in the matter preceding paragraph (1), by striking "sexual" and inserting "online";
(III) in subsection (c)--
(aa) in paragraph (1), by striking ", kidnapping, or enticement crimes" and inserting "or kidnapping, online coercion, or enticement crimes involving children";
(bb) in paragraph (2), by inserting "or kidnapping, online coercion, or enticement crimes involving children" after "sexual exploitation"; and
(cc) in paragraph (3), by striking ", kidnapping, or enticement crimes" and inserting "or kidnapping, online coercion, or enticement crimes involving children";
(IV) in subsection (d)(5)(A)(ii)(II), by striking ", kidnapping, or enticement crimes" and inserting "or kidnapping, online coercion, or enticement crimes involving children";
(V) in subsection (g)(3)--
(aa) in subparagraph (A), by striking ", kidnapping, or enticement crimes" and inserting "or kidnapping, online coercion, or enticement crimes involving children";
(bb) in subparagraph (B), by striking ", kidnapping, or enticement crimes" and inserting "or kidnapping, online coercion, or enticement crimes involving children"; and
(cc) in subparagraph (C), by striking ", kidnapping, or enticement crimes" and inserting "or kidnapping, online coercion, or enticement crimes involving children"; and
(VI) in subsection (h)(5), by striking "the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children" and inserting "or preventing the proliferation of online child sexual exploitation or online coercion of children".
(B) Section 3509.--Section 3509(a)(2)(A) of title 18, United States Code, is amended by striking "physical abuse, sexual abuse, or exploitation" and inserting "child abuse".
(C) Section 5032.--Section 5032 of title 18, United States Code, is amended--
(i) in the first undesignated paragraph--
(I) by striking "or section 1002(a)" and inserting "section 1002(a)"; and
(II) by striking "section 922(x) or section 924(b), (g), or (h) of this title" and inserting "or section 922(x), section 924(b), (g), or (h), or section 2261C(b)(1) or (2) of this title"; and
(ii) in the fourth undesignated paragraph, by striking "section 922(x) of this title, or in section 924(b), (g), or (h) of this title" and inserting "section 922(x), section 924(b), (g), or (h), or section 2261C(b)(1) or (2) of this title".
(2) PROTECT our children act of 2008.--Section 2 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21101) is amended by striking paragraph (1) and inserting the following:
"(1) Child exploitation.--The term `child exploitation' means--
"(A) any conduct, attempted conduct, or conspiracy to engage in conduct that--
"(i) violates chapter 110 or section 2261C, 2422(b), or 2423 of title 18, United States Code; or
"(ii) involves a minor and violates section 1591 or chapter 109A of title 18, United States Code; or
"(B) any sexual activity involving a minor for which any person can be charged with a criminal offense.".
(3) Delayed applicability of provider duty to report.--The amendment made to section 2258A(a)(1)(A) of title 18, United States Code, by paragraph (1)(A)(ii)(I)(aa) of this subsection, shall apply on and after the date that is 1 year after the date of enactment of this Act.
SEC. 124. SEVERABILITY.
If any provision of this subtitle, an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
SEC. 131. SHORT TITLE.
This subtitle may be cited as the "Stop Sextortion Act".
SEC. 132. CRIMINALIZING THREATS TO DISTRIBUTE CHILD SEXUAL
ABUSE MATERIAL.
Title 18, United States Code, is amended--(1) in section 2252--(A) in subsection (a)(2)--(i) in the matter preceding subparagraph (A)--
(I) by inserting ", or threatens to distribute any visual depiction with intent to intimidate, coerce, extort, or cause substantial emotional distress to any person," after "distributes, any visual depiction";
(II) by striking "foreign commerce or that" and inserting "foreign commerce, or involving a visual depiction that"; and
(III) by striking ", or which contains materials which have been mailed or so shipped or transported,"; and
(B) in subsection (b)--
(i) in paragraph (1), by striking "Whoever" and inserting "Except as provided in paragraph (3), whoever"; and
(ii) by adding at the end the following:
"(3) Whoever violates, or attempts or conspires to violate, subsection (a)(2) for threatening to distribute any visual depiction, as described in that subsection, shall be punished as provided in paragraph (2) of this subsection if no such visual depiction existed."; and
(2) in section 2252A--
(A) in subsection (a)(2)(A)--
(i) by inserting ", or threatens to distribute any child pornography with intent to intimidate, coerce, extort, or cause substantial emotional distress to any person," after "any child pornography"; and
(ii) by striking "foreign commerce or that" and inserting "foreign commerce, or involving any child pornography that"; and
(B) in subsection (b)--
(i) in paragraph (1), by striking "Whoever" and inserting "Except as provided in paragraph (4), whoever"; and
(ii) by adding at the end the following:
"(4) Whoever violates, or attempts or conspires to violate, subsection (a)(2)(A) for threatening to distribute any child pornography, as described in that subsection, shall be punished as provided in paragraph (2) of this subsection if no such child pornography existed.".
SEC. 133. PENALTIES FOR THREATS TO DISTRIBUTE CHILD SEXUAL
ABUSE MATERIAL.
(a) In General.--Title 18, United States Code, is amended--
(1) in section 1466A--
(A) in subsection (a), in the matter preceding subsection (b), by inserting ", but if the offense involves the knowing use of a visual depiction of a minor engaged in sexually explicit conduct, with the intent to intimidate, coerce, extort, or cause substantial emotional distress to any person, the maximum term of imprisonment provided in section 2252A(b)(1) shall be increased by 10 years" before the period at the end; and
(B) in subsection (b), in the matter preceding subsection (c), by inserting ", but if the offense involves the knowing use of a visual depiction of a minor engaged in sexually explicit conduct, with the intent to intimidate, coerce, extort, or cause substantial emotional distress to any person, the maximum term of imprisonment provided in section 2252A(b)(2) shall be increased by 10 years" before the period at the end; and
(2) in section 2260A--
(A) in the section heading, by striking "Penalties for registered sex offenders" and inserting "Other offenses and penalties";
(B) by striking "Whoever" and inserting the following:
"(1) Offenses by registered sex offenders.--Whoever"; and
(C) by adding at the end the following:
"(2) Additional penalties.--If any offense under section 875(d), 2251, 2252, 2252A, or 2260 involves the knowing use of child pornography with the intent to intimidate, coerce, extort, or cause substantial emotional distress to any person, the maximum term of imprisonment provided in section 875(d), 2251(e), 2252(b), 2252A(b), or 2260(c) shall be increased by 10 years.".
(b) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code, is amended by striking the item
relating to section 2260A and inserting the following:
"2260A. Other offenses and penalties.".
SEC. 134. SEVERABILITY.
If any provision of this subtitle, an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
SEC. 201. SHORT TITLE.
This title may be cited as the "Combating Organized Retail Crime Act of 2026".
SEC. 202.
Text printed in the Record (7,387 characters)
FINDINGS.
It is the sense of Congress that--
(1) organized theft groups, involving sophisticated and structured groups of individuals, continue to increase criminal activities carried out by the groups against the retail industry and the supply chain of the Nation, and these activities, at unprecedented levels, involve theft and fraud of both physical and digital goods, leading to escalating financial losses and violence in the workplace--all impacting the national economy and security of the United States;
(2) retailers face mounting thefts and fraud because of organized retail crime in and around stores, online, and throughout the retail ecosystem, and, according to the National Retail Federation, larceny incidents increased by 93 percent in 2023 compared to 2019, with a 90 percent rise in average dollar loss;
(3) these thefts are often orchestrated by organized theft groups reselling and redistributing the stolen goods back into the economy of the United States or overseas to gain illicit profit and to finance other criminal activity, and more than 84 percent of retailers report that violence and aggression from these criminal activities has become more of a concern since 2022, resulting in injuries and deaths among employees, customers, security officers, and law enforcement personnel;
(4) product manufacturers and the supply chain of the Nation are victims of alarming increases in cargo theft across rails, roads, and the various distribution points across the Nation;
(5) CargoNet, a database of reported incidents in the United States, reported a 27 percent increase in cargo theft incidents in 2024 compared to the previous year, while during the same period, the average value per theft rose to over $202,000;
(6) these thefts range from large-scale physical theft of goods from containers and storage to sophisticated cybercriminal methods that divert shipments to illicit receivers, causing significant financial losses and operational supply chain disruptions;
(7) since 2022, more than 30 State laws have been enacted to address organized theft, allow for aggregation of thefts, and adjust penalties and enhancements, including in 2024, California voters overwhelmingly approving a constitutional reform to allow aggregation of multiple or repeated thefts;
(8) although larceny and organized retail crime are sometimes prosecuted at State and local levels, States face resource and investigative challenges from groups operating beyond local, State, and regional law enforcement capabilities, and more needs to be done to address the cross-jurisdictional, interstate, and international aspects of these crimes;
(9) organized theft groups vary in scope and scale, operating across State jurisdictions to avoid or disrupt local, State, and Tribal law enforcement response, and these organized theft groups build hierarchies to easily redistribute stolen goods and illicit profits back into the economy of the United States or overseas with disregard for product and consumer safety;
(10) the groups exist and operate at the local, regional, and transnational level, targeting goods that include raw and finished materials, various branded retail products across all consumer categories, operational assets in retail commerce such as reusable transport packaging products, and consumable goods including agriculture, food products, and medicines;
(11) these groups are often polycriminal organizations, using profit from the reselling of stolen goods to support crimes involving drugs and weapons trafficking;
(12) the organized theft groups engage in human smuggling and have been known to use migrants to commit crimes to support the organizations;
(13) the groups move products and illicit proceeds beyond the borders of the United States, funding nefarious groups and activities and threatening the integrity of the international economy;
(14) organized theft groups--
(A) threaten the safety and liberty of individuals in the United States when those individuals engage in commerce;
(B) impact the ability of the Nation to distribute goods to consumers, undermine consumer confidence in the supply chain, and threaten the integrity of agricultural and consumable goods;
(C) erode the national economy by increasing the cost of goods, resulting in higher prices for consumers, reducing tax revenues, and impacting employees, customers, and businesses alike; and
(D) impact the national security of the United States through financing transnational criminal activity and providing profit and proceeds supporting larger criminal goals of the criminal organizations; and
(15) it has become necessary for Congress to--
(A) amend title 18, United States Code, to ensure that law enforcement has the legal tools necessary to combat organized retail crime in the same capacity that law enforcement is able to combat theft and diversion from other portions of the supply chain; and
(B) direct the executive branch to create a central coordination center to align Federal, State, local, territorial, and Tribal efforts to combat organized retail crime and organized supply chain crime.
SEC. 203. AMENDMENTS TO TITLE 18, UNITED STATES CODE.
Part I of title 18, United States Code, is amended--
(1) in section 982(a)(5)--
(A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively;
(B) by inserting after subparagraph (B) the following:
"(C) section 659 (interstate or foreign shipments by carrier; State prosecutions);";
(C) in subparagraph (E), as so redesignated, by striking "; or" and inserting a semicolon; and
(D) by inserting after subparagraph (F), as so redesignated, the following:
"(G) section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting); or
"(H) section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps);";
(2) in section 1956(c)--
(A) in paragraph (5), by striking "and money orders" and inserting "money orders, general-use prepaid cards, gift certificates, and store gift cards"; and
(B) in paragraph (7)(D)--
(i) by inserting "section 659 (interstate or foreign shipments by carrier; State prosecutions)," after "section 658 (relating to property mortgaged or pledged to farm credit agencies),"; and
(ii) by inserting "section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting), section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps)," after "section 2281 (relating to violence against maritime fixed platforms),";
(3) in section 2314, in the first paragraph--
(A) by inserting "or of an aggregate value of $5,000 or more during any 12-month period," after "more,";
(B) by inserting "embezzled," after "stolen,"; and
(C) by inserting ", false pretense, or other illegal means" after "fraud"; and
(4) in section 2315, in the first paragraph, by inserting "or of an aggregate value of $5,000 or more during any 12-month period," after "$5,000 or more,".
SEC. 204. ESTABLISHMENT OF A CENTER TO COMBAT ORGANIZED
RETAIL AND SUPPLY CHAIN CRIME.
(a) In General.--Title III of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4341 et seq.) is amended by inserting after section 305 the following:
"SEC. 305A.
Text printed in the Record (8,629 characters)
ORGANIZED RETAIL AND SUPPLY CHAIN CRIME
COORDINATION CENTER.
"(a) Definitions.--In this section:
"(1) Center.--The term `Center' means the Organized Retail and Supply Chain Crime Coordination Center established pursuant to subsection (b)(1).
"(2) Executive associate director.--The term `Executive Associate Director' means the Executive Associate Director of Homeland Security Investigations.
"(3) Organized retail and supply chain crime.--The term `organized retail and supply chain crime' means--
"(A) any crime described in section 659, 2117, 2314, or 2315 of title 18, United States Code, that is committed by, in coordination with, or at the instruction of an organization for the purpose of the systematic, large-scale theft of retail goods or goods in the supply chain from manufacturers, logistics and transportation providers, distributors, or retailers, which may include the subsequent resale of those stolen goods in interstate or foreign commerce for financial gain;
"(B) aiding or abetting the commission of, or conspiring to commit, any act that is in furtherance of a violation of a crime referred to in subparagraph (A) in the context of an organized retail and supply chain crime group; or
"(C) other crimes which materially further organized retail and supply chain crime.
"(4) Organized retail and supply chain crime group.--The term `organized retail and supply chain crime group' means 3 or more individuals who are jointly engaged in the conduct described in paragraph (3), with a centralized coordination of operations across the steps of the organized retail and supply chain crime cycle.
"(5) Secretary.--The term `Secretary' means the Secretary of Homeland Security.
"(b) Organized Retail and Supply Chain Crime Coordination Center.--
"(1) Establishment.--Not later than 90 days after the date of enactment of the Combating Organized Retail Crime Act of 2026, the Secretary shall direct the Executive Associate Director to establish the Organized
Retail and Supply Chain Crime Coordination Center.
"(2) Duties.--The duties of the Center shall include--
"(A) coordinating Federal law enforcement activities related to organized retail and supply chain crime and organized retail and supply chain crime groups, including investigations of national and transnational criminal organizations that are engaged in organized retail and supply chain crime;
"(B) establishing relationships with State, local, Tribal, and territorial law enforcement agencies and organizations, including organized retail crime associations, cargo theft associations, and other companies determined by the Executive Associate Director to have significant interests relating to organized retail and supply chain crime threats;
"(C) assisting State, local, Tribal and territorial law enforcement agencies with State and local investigations of organized retail and supply chain crime groups pursuant to existing law;
"(D) establishing a mechanism to--
"(i) receive investigative information on organized retail and supply chain crime from Federal, State, local, Tribal, and territorial law enforcement agencies and retail, transportation, and other organizations, including organized retail crime associations, cargo theft associations, and other companies determined by the Executive Associate Director to have significant interests relating to organized retail and supply chain crime threats; and
"(ii) disseminate analysis of the tactics, techniques, and procedures of organized retail and supply chain crime groups, including through analysis of information received through the mechanism, to Federal, State, local, Tribal, and territorial law enforcement agencies and organized retail crime associations and cargo theft associations, including organized retail crime associations, cargo theft associations, and other companies determined by the Executive Associate Director to have significant interests relating to organized retail and supply chain crime threats;
"(E) not later than 60 days after the date of enactment of the Combating Organized Retail Crime Act of 2026, reporting to Congress regarding whether the Homeland Security Information Network is sufficient to implement the information sharing requirements under the duties under this paragraph;
"(F) in coordination with the Privacy Officer and Civil Rights and Civil Liberties Officers of the Department of Homeland Security--
"(i) developing, implementing, and regularly reviewing for needed updates training and instructions about what information is authorized for submission under subparagraph (D), consistent with the definitions in subsection (a) and appropriate privacy and civil liberties guardrails, and ensuring regular training for all individuals submitting such information;
"(ii) requiring that for each submission of such information, the submitting entity certify that the investigative information meets the definitions under subsection (a) and is consistent with the training;
"(iii) conducting regular quality assurance to ensure that all information submitted, retained, and shared is consistent with the definitions under subsection (a);
"(iv) establishing thresholds for the collection, retention, and dissemination of any personally identifiable information about a citizen of the United States, an alien lawfully admitted for permanent residence to the United States, or an individual residing inside the United States, including limits on the retention of such information;
"(v) memorializing any determination to collect, retain, or disseminate personally identifiable information about a citizen of the United States, an alien lawfully admitted for permanent residence to the United States, or an individual residing inside the United States consistent with the thresholds established under clause (iv) along with a justification for that decision;
"(vi) ensuring that personally identifiable information about a citizen of the United States, an alien lawfully admitted for permanent residence to the United States, or an individual residing inside the United States may not be disseminated or used within the Department of Homeland Security for any purpose other than efforts to counter transnational organized retail and supply chain crime groups, unless the Center determines (and documents) that there is probable cause to believe the individual described in the personally identifiable information is committing, attempting to commit, or aiding or abetting a crime; and
"(vii) not later than 60 days after the date of enactment of the Combating Organized Retail Crime Act of 2026, carrying out 1 or more privacy compliance review processes and publishing new or updated privacy impact assessments and system of records notices in accordance with the document of the Office of Management and Budget entitled `Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002' (OMB M-03-22) and the document of the Office of Management and Budget entitled `Managing Information as a Strategic Resource' (OMB Circular A-130) for each new or updated information technology system and project that collects, maintains, or disseminates information in identifiable information from or about members of the public including any databases or systems used or developed in this section;
"(G) tracking trends with respect to organized retail and supply chain crime and organized retail and supply chain crime groups and releasing annual public reports on such trends; and
"(H) supporting the provision of training and technical assistance in accordance with subsection (c).
"(3) Leadership; staffing.--
"(A) Director.--The Center shall be headed by a Director, who shall be--
"(i) an experienced law enforcement officer;
"(ii) appointed by the Director of U.S. Immigration and Customs Enforcement; and
"(iii) in a Senior Executive Service position as defined in section 3132 of title 5, United States Code.
"(B) Deputy director.--The Director of the Center shall be assisted by a Deputy Director, who shall be appointed, on a 2-year rotational basis, upon request from the Executive Associate Director, by--
"(i) the Director of the Federal Bureau of Investigation; or
"(ii) the Director of the United States Secret Service.
"(C) Federal staff.--The staff of the Center--
"(i) shall include special agents and analysts from Homeland Security Investigations; and
"(ii) may also include detailed criminal investigators, analysts, and liaisons from other Federal agencies who have responsibilities related to organized retail and supply chain crime, including detailees from--
"(I) U.S.
Text printed in the Record (7,800 characters)
Customs and Border Protection;
"(II) the United States Secret Service;
"(III) the United States Postal Inspection Service;
"(IV) the Bureau of Alcohol, Tobacco, Firearms and Explosives;
"(V) the Drug Enforcement Administration;
"(VI) the Federal Bureau of Investigation; and
"(VII) the Federal Motor Carrier Safety Administration.
"(D) State and local staff.--The staff of the Center may include detailees from State, local, Tribal, and territorial law enforcement agencies, who shall serve at the Center on a nonreimbursable basis.
"(4) Coordination.--
"(A) In general.--The Center shall coordinate its activities related to organized retail and supply chain crime, as appropriate, with other Federal agencies and centers responsible for countering transnational organized crime threats.
"(B) Shared resources.--In establishing the Center, the Executive Associate Director may co-locate or otherwise share resources and personnel, including detailees and agency liaisons, with the National Intellectual Property Rights Coordination Center established pursuant to section 305(a)(1).
"(C) Information sharing.--
"(i) In general.--Subject to the approval of the Director of the Center, information that would otherwise be subject to the limitation on the disclosure of confidential information set forth in section 1905 of title 18, United States Code, may be shared if such disclosure is operationally necessary.
"(ii) Non-delegable authority.--The Director may not delegate his or her authority under this subparagraph.
"(5) Reporting requirements.--
"(A) Initial report.--
"(i) In general.--Not later than 1 year after the date of enactment of the Combating Organized Retail Crime Act of 2026, the Secretary shall make publicly available a report regarding the establishment of the Center and submit such report to--
"(I) the Committee on the Judiciary of the Senate;
"(II) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(III) the Committee on the Judiciary of the House of Representatives; and
"(IV) the Committee on Homeland Security of the House of Representatives.
"(ii) Contents.--The report required under clause (i) shall include--
"(I) a description of the organizational structure of the Center;
"(II) a list of the Federal, State, local, Tribal, and territorial agencies and private sector entities that participate in the Center or have access to the data of the Center;
"(III) the number of open and closed assessments, open and closed preliminary investigations, open and closed full investigations, and prosecutions involving activities of the Center and a description of the nature of each crime;
"(IV) a list of the data systems accessible through the Center, including data originating from outside the Center, the names of data providers, and the names of any private sector contractors that provide data or intelligence reports;
"(V) the number and purpose of searches of individuals involving personally identifiable information of data under mechanisms established and used under paragraph (2)(D);
"(VI) the use of biometrics by the Center, including--
"(aa) the types of biometrics that are captured, acquired, shared, stored, or maintained;
"(bb) the processes and tools the Center and partners use for these purposes;
"(cc) the sources of the biometrics, including any contracts;
"(dd) the access controls to the biometrics; and
"(ee) any oversight processes implemented by the Center;
"(VII) if the Center plays a role in watchlisting processes, information about the role of the Center in these processes, including a description of the nominations process, who may nominate, to which watch lists, what information is used for these purposes, the number of nominations to watch lists conducted by nominators, the number of nominations that involve information originating from a private sector entity, audits of the nominations for continued relevance, and the controls put in place to oversee the processes;
"(VIII) any challenges required to be addressed while establishing the Center;
"(IX) any lessons learned from establishing the Center, including successful prosecutions resulting from the activities of the Center;
"(X) recommendations for ways to strengthen the enforcement of laws involving organized retail and supply chain crime;
"(XI) the intersections and commonalities between organized retail crime organizations and other organized theft groups, including supply chain diversion and theft; and
"(XII) the impact of organized theft groups on the scarcity of vital products, including medicines, personal protective equipment, and infant formula.
"(B) Annual report.--Beginning on the date that is 1 year after the submission of the report required under subparagraph (A), and each year thereafter, the Secretary shall submit to the congressional committees listed in subparagraph (A)(i) and make publicly available an annual report that describes the activities of the Center during the previous year, which shall address the information described in subclauses (I) through (XII) of subparagraph (A).
"(C) Privacy and civil liberties audits.--The Privacy Office and the Civil Rights and Civil Liberties Office of the Department of Homeland Security shall annually--
"(i) conduct an audit of the implementation of the procedures described in paragraph (2)(F); and
"(ii) submit to Congress a report discussing the findings of the audit.
"(D) Comptroller general report.--Not later than 3 years after the date of the enactment of the Combating Organized Retail Crime Act of 2026, the Comptroller General shall publish a report on the activities of the Center, which shall include an assessment of the implementation of the duties of the Center described in paragraph (2).
"(6) Sunset.--
"(A) In general.--The authority of the Center shall terminate on the date that is 3 years after the date on which the Center is established under paragraph (1).
"(B) Wind down.--The Secretary shall take such actions as may be necessary to wind down the Center in accordance with subparagraph (A).
"(c) Training and Technical Assistance.--
"(1) Evaluation.--Not later than 180 days after the date of enactment of the Combating Organized Retail Crime Act of 2026, the Secretary and the Attorney General shall conduct an evaluation of existing Federal programs that provide training and technical support to State, local, Tribal, and territorial law enforcement to assist in countering organized retail and supply chain crime and organized retail and supply chain crime groups.
"(2) Report.--Not later than 45 days after the completion of the evaluation required under paragraph (1), the Secretary and the Attorney General shall jointly submit a report to the congressional committees listed in subsection (b)(5)(A)(i) that--
"(A) describes the results of such evaluation; and
"(B) includes recommendations on ways to improve programs, training, and technical assistance for combating organized retail and supply chain crime.
"(3) Enhancing or modifying training and technical assistance.--Not later than 45 days after submitting the report required under paragraph (2), the Secretary and the Attorney General shall jointly issue formal guidance to relevant agencies and offices within the Department of Homeland Security and the Department of Justice for modifying or expanding, as appropriate, the training and technical assistance designed to counter organized retail and supply chain crime.".
(b) Clerical Amendment.--The table of contents for the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114-125; 130 Stat. 122) is amended by inserting after the item relating to section 305 the following:
"Sec. 305A. Organized Retail and Supply Chain Crime Coordination Center.".
TITLE III--LIEUTENANT OSVALDO ALBARATI STOPPING PRISON CONTRABAND ACT
Text printed in the Record (9,054 characters)
SEC. 301. SHORT TITLE.
This title may be cited as the "Lieutenant Osvaldo Albarati Stopping Prison Contraband Act".
SEC. 302. PROHIBITED PROVISION OF A PHONE.
Section 1791(b) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(2) by inserting after paragraph (3) the following:
"(4) in the case of a violation of subsection (a)(1), imprisonment for not more than 2 years, or both, if the object is specified in subsection (d)(1)(F) of this section;"; and
(3) in paragraph (5), as so redesignated, by inserting ", in the case of a violation of subsection (a)(2)," before "(d)(1)(F)".
SEC. 303. REVIEW OF POLICIES.
Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall--
(1) conduct a review of the policies of the Bureau of Prisons pertaining to inmates who make, possess, obtain, or attempt to make or obtain a prohibited object, as defined in section 1791(d)(1) of title 18, United States Code; and
(2) update those policies as needed to improve protections for incarcerated individuals and staff.
SEC. 401. SHORT TITLE.
This title may be cited as the "Combating Illicit Xylazine Act".
SEC. 402. DEFINITIONS.
(a) In General.--In this title--
(1) the term "practitioner" has the meaning given the term under section 102 of the Controlled Substances Act (21 U.S.C. 802); and
(2) the term "xylazine" has the meaning given the term in paragraph (61) of section 102 of the Controlled Substances Act, as added by subsection (b) of this section.
(b) Controlled Substances Act.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end the following:
"(61) The term `xylazine' means the substance xylazine, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible.".
SEC. 403. ADDING XYLAZINE TO SCHEDULE III.
Schedule III of section 202(c) of the Controlled Substances Act (21 U.S.C. 812) is amended by adding at the end the following:
"(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of xylazine.".
SEC. 404. AMENDMENTS.
(a) Amendment.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by striking paragraph (27) and inserting the following:
"(27)(A) Except as provided in subparagraph (B), the term `ultimate user' means a person who has lawfully obtained, and who possesses, a controlled substance for the use by the person or for the use of a member of the household of the person or for an animal owned by the person or by a member of the household of the person.
"(B)(i) In the case of xylazine, other than for a drug product approved under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), the term `ultimate user' means a person--
"(I) to whom xylazine was dispensed by--
"(aa) a veterinarian registered under this Act; or
"(bb) a pharmacy registered under this Act pursuant to a prescription of a veterinarian registered under this Act; and
"(II) who possesses xylazine for--
"(aa) an animal owned by the person or by a member of the household of the person;
"(bb) an animal under the care of the person;
"(cc) use in government animal-control programs authorized under applicable Federal, State, Tribal, or local law; or
"(dd) use in wildlife programs authorized under applicable Federal, State, Tribal, or local law.
"(ii) In this subparagraph, the term `person' includes--
"(I) a government agency or business where animals are located; and
"(II) an employee or agent of an agency or business acting within the scope of their employment or agency.".
(b) Facilities.--An entity that manufactures xylazine, as of the date of enactment of this Act, shall not be required to make capital expenditures necessary to install the security standard required of schedule III of the Controlled Substances Act (21 U.S.C. 801 et seq.) for the purposes of manufacturing xylazine.
(c) Labeling.--The requirements related to labeling, packaging, and distribution logistics of a controlled substance in schedule III of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) shall not take effect for xylazine until the date that is 1 year after the date of enactment of this Act.
(d) Practitioner Registration.--The requirements related to practitioner registration, inventory, and recordkeeping of a controlled substance in schedule III of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) shall not take effect for xylazine until the date that is 60 days after the date of enactment of this Act. A practitioner that has applied for registration during the 60-day period beginning on the date of enactment of this Act may continue their lawful activities until such application is approved or denied.
(e) Manufacturer Transition.--The Food and Drug Administration and the Drug Enforcement Administration shall facilitate and expedite the relevant manufacturer submissions or applications required by the placement of xylazine on schedule III of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
(f) Clarification.--Nothing in this section, or the amendments made by this section,
shall be construed to require the registration of an ultimate user of xylazine under the Controlled Substances Act (21 U.S.C. 801 et seq.) in order to possess xylazine in accordance with subparagraph (B) of section 102(27) of that Act (21 U.S.C. 802(27)), as added by subsection (a) of this section.
SEC. 405. ARCOS TRACKING.
Section 307(i) of the Controlled Substances Act (21 U.S.C. 827(i)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting "or xylazine" after "gamma hydroxybutyric acid";
(B) by inserting "or 512" after "section 505"; and
(C) by inserting "respectively," after "the Federal Food, Drug, and Cosmetic Act,"; and
(2) in paragraph (6), by inserting "and xylazine" after "gamma hydroxybutyric acid".
SEC. 406. SENTENCING COMMISSION.
Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend its sentencing guidelines, policy statements, and official commentary applicable to persons convicted of an offense under section 401 of the Controlled Substances Act (21 U.S.C. 841) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) to provide appropriate penalties for offenses involving xylazine that are consistent with the amendments made by this title. In carrying out this section, the Commission should consider the common forms of xylazine as well as its use alongside other scheduled substances.
SEC. 407. REPORT TO CONGRESS ON XYLAZINE.
(a) Control Report.--
(1) In general.--Not later than 30 days after the date of enactment of this Act, the Attorney General, acting through the Administrator of the Drug Enforcement Administration and in coordination with the Secretary of Health and Human Services, shall submit to Congress a report with an assessment of the factors listed in section 201(c) of the Controlled Substances Act (21 U.S.C. 811(c)) for xylazine, which includes a scientific and medical evaluation and recommendations from the Secretary of Health and Human Services and a law enforcement and abuse evaluation by the Drug Enforcement Administration.
(2) Requirements.--The report required under paragraph (1) shall--
(A) include the full text of the scientific and medical evaluation and recommendations regarding whether xylazine should be controlled as a controlled substance, submitted by the Secretary of Health and Human Services to the Attorney General pursuant to section 201(b) of the Controlled Substances Act (21 U.S.C. 811(b)) on or before December 31, 2025; and
(B) be published on the websites of the Department of Health and Human Services and the Department of Justice.
(b) Initial Report.--Not later than 18 months after the date of the enactment of this Act, the Attorney General, acting through the Administrator of the Drug Enforcement Administration and in coordination with the Commissioner of Food and Drugs, shall submit to Congress a report on the prevalence of illicit use of xylazine in the United States and the impacts of such use, including--
(1) where the drug is being diverted;
(2) where the drug is originating; and
(3) whether any analogues to xylazine, or related or derivative substances, exist and present a substantial risk of abuse.
(c) Additional Report.--Not later than 4 years after the date of the enactment of this Act, the Attorney General, acting through the Administrator of the Drug Enforcement Administration and in coordination with the Commissioner of Food and Drugs, shall submit to Congress a report updating Congress on the prevalence and proliferation of xylazine trafficking and misuse in the United States.
______
SA 6692. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (684 characters)
At the end of subtitle C of title XII, add the following:
SEC. 1229A. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL
INTERNATIONAL SECURITY COOPERATION PROGRAMS IN
THE AREA OF RESPONSIBILITY OF THE UNITED STATES
EUROPEAN COMMAND.
Of the amounts authorized to be appropriated for fiscal year 2027 for Operation and Maintenance and available for the Defense Security Cooperation Agency, as specified in the funding table in section 4301, $350,000,000 shall be available for additional international security cooperation programs in the area of responsibility of the United States European Command, of which $250,000,000 shall be available for the Baltic Security Initiative
______
SA 6693. Mrs. BLACKBURN (for herself and Mr. Warnock) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Text printed in the Record (7,090 characters)
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)--
(A) by striking "Funds available" through "for that year" and inserting "The Secretary concerned may use funds from any Department of Defense source to pay for installation-support services"; and
(B) by striking "such an agreement" and inserting "an agreement under this section"; and
(3) in subsection (f)--
(A) in paragraph (1), by inserting "including the repair, construction, maintenance, and operation of a facility on or near an installation," after "and support";
(B) in paragraph (2), by inserting "public agency, public joint powers agency, government corporation," after "public authority,"; and
(C) by adding at the end the following:
"(5) The term `Department of Defense source' includes any appropriations made available by Congress to the Department of Defense and excludes permanent appropriations, revolving funds, previously unavailable balances, or third-party financing arrangements.
"(6) The term `Secretary concerned' means--
"(A) the Secretary of the Army, with respect to matters concerning the Army, National Guard Bureau, and units of the Army National Guard without regard to whether such units are operating under the authority of this title or title 32, provided such intergovernmental support agreements serve a military purpose of the Department of Defense;
"(B) the Secretary of the Navy, with respect to matters concerning the Navy and Marine Corps;
"(C) the Secretary of the Air Force, with respect to matters concerning the Air Force, and the Space Force, and units of the Air National Guard without regard to whether such units are operating under the authority of this title or title 32, provided such intergovernmental support agreements serve a military purpose of the Department of Defense;
"(D) the Secretary of Defense, with respect to matters concerning the Defense Agencies not otherwise covered by the Army, Navy, Marine Corp, Air Force, or Space Force; and
"(E) the head of any other Federal agency without regard to whether such agency is operating under the authority of this title, provided such intergovernmental support agreements will serve the best interests of the Department of Defense.".