- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: June 18, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 5855. Ms. ROSEN (for herself, Ms. Cortez Masto, and Mrs. Blackburn) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 358. CLASSIFICATION OF CERTAIN FACILITIES AS LOCATIONS
WHERE CONTAMINATION OCCURRED AND MEMBERS OF THE
ARMED FORCES WERE EXPOSED TO TOXIC SUBSTANCES.
(a) In General.—The Secretary of Defense shall classify
the following locations as a location where contamination
occurred:
(1) On and after January 27, 1951, the Nevada Test and
Training Range, including the
Nevada National Security Site (as such site is defined on May
19, 2026).
(2) Any facility on the most recent list of facilities
covered under the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.)
published in the Federal Register by the Secretary of Energy.
(b) Identification Process.—
(1) In general.—The Secretary of Defense shall establish a
process to identify members of the Armed Forces and former
members of the Armed Forces that were stationed at a facility
specified in subsection (a).
(2) Documentation.—The Secretary of Defense shall
establish a process to permit members of the Armed Forces and
former members of the Armed Forces to provide documentation
or evidence of their assignment at a facility specified in
subsection (a) to assist the Secretary in identifying those
members and former members under paragraph (1).
(3) Efforts.—The Secretary of Defense shall make all
efforts to identify individuals described in paragraph (1)
and shall not require members of the Armed Forces or former
members of the Armed Forces to submit evidence of their
stationing.
(c) Sharing of Information.—The Secretary of Defense shall
share with the Secretary of Veterans Affairs all information
and documentation gathered under subsection (b) in order to
provide the Secretary of Veterans Affairs with adequate
documentation of the service of members of the Armed Forces
and former members of the Armed Forces at facilities
specified in subsection (a) and any injuries, exposures, or
illnesses related to such service, for the purpose of
establishing any claim for benefits under the laws
administered by the Secretary of Veterans Affairs to which
such members and former members are legally entitled.
SA 5856. Ms. SMITH submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . REVOCATION OF CHARTER OF INCORPORATION OF THE
LOWER SIOUX INDIAN COMMUNITY.
The request of the Lower Sioux Indian Community in the
State of Minnesota to surrender the charter of incorporation
issued to that community and ratified on July 17, 1937,
pursuant to section 17 of the Act of June 18, 1934 (commonly
known as the “Indian Reorganization Act”) (48 Stat. 988,
chapter 576; 25 U.S.C. 5124), is hereby accepted and that
charter of incorporation is hereby revoked.
SA 5857. Ms. SMITH submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TRANSFER OF ADDITIONAL FEDERAL LAND TO THE LEECH
LAKE BAND OF OJIBWE.
(a) Findings.—Section 2(a)(5) of the Leech Lake Band of
Ojibwe Reservation Restoration Act (Public Law 116-255; 134
Stat. 1140) is amended by striking subparagraph (B) and
inserting the following:
“(B) does not intend immediately to modify the use of the
Federal land.”.
(b) Inclusion of Additional Federal Land.—Section 2 of the
Leech Lake Band of Ojibwe Reservation Restoration Act (Public
Law 116-255; 134 Stat. 1139) is amended—
(1) in subsection (b)(1)—
(A) in subparagraph (A)—
(i) by striking “means the approximately” and inserting
“means—
“(i) the approximately”;
(ii) in clause (i) (as so designated), by striking the
period at the end and inserting “; and”; and
(iii) by adding at the end the following:
“(ii) any other land managed by the Secretary, through the
Chief of the Forest Service, located in the Chippewa National
Forest in Cass County, Minnesota, which records maintained by
the Bureau of Indian Affairs show was sold without the
unanimous consent of the rightful landowners.”; and
(B) in subparagraph (B)—
(i) by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively; and
(ii) by inserting before clause (ii) (as so redesignated)
the following:
“(i) any land transferred pursuant to an agreement entered
into between the Secretary and the Tribe under subsection
(c)(2);”;
(2) in subsection (c)—
(A) in paragraph (1), by striking “paragraph (2)” and
inserting “paragraphs (2) and (3)”;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
“(2) Agreement.—
“(A) In general.—On agreement between the Secretary and
the Tribe, the Secretary shall substitute, for purposes of
the transfer under paragraph (1), alternative National Forest
System land located in Cass County, Minnesota, on an acre-
for-acre basis, for those parcels of Federal land to be
transferred under that paragraph in a manner that avoids in-
holdings and provides a preference for land adjacent to or
near existing Leech Lake trust lands and lands of cultural
importance to the Tribe, to the maximum extent practicable.
“(B) Frequency of transfers.—Pursuant to an agreement
entered into under subparagraph (A), the Secretary may
transfer land to the Secretary of the Interior on a rolling
basis as that land is identified and surveys are
completed.”; and
(3) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (A), by inserting “described in
subsection (b)(1)(A)(i)” after “Federal land”; and
(ii) in subparagraph (B), in the matter preceding clause
(i), by striking “submit a map and legal description of the
Federal land” and inserting “submit maps and legal
descriptions of the Federal land transferred pursuant to
paragraphs (1) and (2) of subsection (c), as applicable,”;
(B) in paragraph (2)—
(i) by striking “map and legal description” and inserting
“maps and legal descriptions”; and
(ii) by striking “map or legal description” and inserting
“maps or legal descriptions”; and
(C) in paragraph (3), by striking “map and legal
description” and inserting “maps and legal descriptions”.
(c) Reaffirmation.—Congress reaffirms the applicability of
section 97A.151 of the Minnesota Statutes, including the
settlement agreement ratified by that section, for purposes
of ensuring that the hunting, fishing, and recreation rights
of non-Tribal members remain unchanged by the Leech Lake Band
of Ojibwe Reservation Restoration Act (Public Law 116-255;
134 Stat. 1139) and the amendments made to that Act by this
section.
(d) Implementation.—In implementing the amendments made by
this section, the Secretary of Agriculture, acting through
the Chief of the Forest Service, shall provide for public
engagement and comment in accordance with applicable laws
(including regulations).
SA 5858. Mrs. BLACKBURN (for herself and Mr. Kelly) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12__. EXPEDITED CONSIDERATION OF PROPOSALS FOR ADDITIONS
TO, REMOVALS FROM, OR OTHER MODIFICATIONS WITH
RESPECT TO ENTITIES ON THE ENTITY LIST.
Section 1754 of the Export Control Reform Act of 2018 (50
U.S.C. 4813) is amended by adding at the end the following:
“(g) Expedited Consideration of Proposals for Additions
to, Removals From, or Other Modifications With Respect to
Entities on the Entity List.—
“(1) In general.—Any member of the End-User Review
Committee may submit a proposal directly to the Committee
requesting a vote of all members of the Committee for
additions to, removals from, or other modifications with
respect to the Entity List. A proposal to add an entity to
the Entity List shall be made in accordance with the
provisions of paragraph (4).
“(2) Consideration.—Subject to paragraph (4)(B), the End-
User Review Committee shall vote to approve or disapprove a
proposal submitted under paragraph (1) not later than 30 days
after the date on which the proposal is submitted to the
Committee.
“(3) Additional information.—The chairperson of the End-
User Review Committee, with the concurrence of the member of
the Committee that submitted a proposal under paragraph (1),
may suspend for an additional 15 days the time period
specified in paragraph (2) with respect to consideration of
the proposal if the chairperson and the member determine that
additional information is required in order to make a
determination with respect to the proposal, including the
impact and effect of the proposal.
“(4) Additions to the entity list.—
“(A) In general.—An entity may be added to the Entity
List if the End-User Review Committee by majority vote of its
members has determined that the entity has engaged, is
engaged, or is at risk of engaging in activities contrary to
the national security or foreign policy interests of the
United States.
“(B) Licensing policy.—
“(i) In general.—Subject to clause (ii), there shall be
in effect a policy of presumption of denial for all
applications for a license to export, reexport, or in-country
transfer any item subject to the Export Administration
Regulations if an entity added to the Entity List under this
subsection is or would be a party to a transaction with
respect to which the application applies.
“(ii) Exception.—The licensing policy required by clause
(i) shall not apply with respect to an entity described in
such clause if the members of the End-User Review Committee
agree by majority vote to apply a different policy with
respect to the entity for all or specific types of items
subject to the Export Administration Regulations that would
be in the national security and foreign policy interests of
the United States.
“(C) Rule of construction.—Nothing in this paragraph may
be construed to limit or otherwise affect the escalation
procedures unrelated to the End-User Review Committee.
“(5) Administrative provisions.—
“(A) In general.—Each member of the End-User Review
Committee shall have 1 vote with respect to matters described
in this subsection. The chairperson of the Committee shall
not have the authority to make determinations or override any
voting decision with respect to such matters.
“(B) Suspension of voting period.—The chairperson of the
End-User Review Committee may suspend the 30-day voting
period described in paragraph (2) if the members of the
Committee unanimously agree to postpone the vote.
“(C) Notice; implementing authority.—The chairperson of
the End-User Review Committee shall notify the Assistant
Secretary of Commerce for Export Administration of all final
decisions of the Committee with respect to additions to,
removals from, or other modifications with respect to the
Entity List under this subsection so that the Assistant
Secretary of Commerce for Export Administration may implement
all such modifications.
“(6) Definitions.—In this subsection:
“(A) End-user review committee; committee.—The terms
`End-User Review Committee' and `Committee' mean—
“(i) the End-User Review Committee established under
section 744.16(d) of the Export Administration Regulations;
or
“(ii) any successor committee.
“(B) Entity list.—The term `Entity List' means the list
maintained by the Bureau of Industry and Security of the
Department of Commerce pursuant to subsection (a)(2) and set
forth in Supplement No. 4 to part 744 of the Export
Administration Regulations (or successor regulations).”.
SA 5859. Mr. REED (for himself and Ms. Collins) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 850. 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 to Job Corps center operators
as provided in accordance with section 158(f) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3208(f)),
support the change of trades offered at a Job Corps center,
including at a Job Corps transition hub at an existing center
or at a new site in close proximity to a shipyard or other
defense industrial base suppliers, to align with the needs of
the defense industrial base, including through investments in
curricula development, equipment, and facilities.
(4) Definitions.—For purposes of this subsection:
(A) Enrollee; job corps; job corps center.—The terms
“enrollee”, “Job Corps”, and “Job Corps center” have
the meanings given such terms in section 142 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3192).
(B) Job corps center operator.—The term “Job Corps center
operator” has the meaning given the term “operator” in
such section of such Act.
(C) Job corps transition hub.—The term “Job Corps
transition hub” means an advanced career training program
under section 148 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3198) that facilitates the onboarding and
retention of enrollees into the defense industrial base.
(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(b)(2) of title 10, United States Code,
is amended 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).”.
(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.”.
SA 5860. Mr. YOUNG submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle __Helping Allies Respond to Piracy, Overfishing, and Oceanic
Negligence Act
SEC. 10_1. SHORT TITLE.
This subtitle may be cited as the “Helping Allies Respond
to Piracy, Overfishing, and Oceanic Negligence Act” or the
“HARPOON Act”.
SEC. 10_2. DEFINITIONS.
In this subtitle:
(1) Commandant.—The term “Commandant” means the
Commandant of the Coast Guard.
(2) Illegal, unreported, and unregulated fishing; iuu
fishing.—The terms “illegal, unreported, and unregulated
fishing” and “IUU fishing” mean activities described as
illegal fishing, unreported fishing, or 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.
(3) Secretary.—The term “Secretary” means the Secretary
of Defense.
SEC. 10_3. COUNTER-IUU FISHING PROGRAM ENHANCEMENT.
(a) In General.—The Secretary and the Commandant, in
coordination with the Secretary of State, may seek to engage
with foreign partners to establish joint patrols to enhance
counter-IUU fishing efforts, combat transnational crime, and
enhance regional security.
(b) Report.—
(1) In general.—Not later than 120 days after the date of
the enactment of this Act, the Secretary and the Commandant,
in coordination with the Secretary of State, shall jointly
submit to the appropriate committees of Congress a report on
engagements with foreign partners under subsection (a),
including—
(A) an identification of specific regions and countries
interested in increased cooperation to combat IUU fishing;
(B) a description of any limitations on enhanced counter-
IUU fishing partnerships due to insufficient resources or
authorities;
(C) recommendations for increased program effectiveness in
counter-IUU fishing operations;
(D) an assessment of the effectiveness of ongoing counter-
IUU fishing partner operations;
(E) an identification of authorities provided in sections
331 and 333(a) of title 10, United States Code, pursuant to
which such counter-IUU fishing operations are conducted; and
(F) any other information the Secretary, the Commandant,
and the Secretary of State consider appropriate.
(2) Appropriate committees of congress defined.—In this
subsection, the term “appropriate committees of Congress”
means—
(A) the Committee on Commerce, Science, and Transportation,
the Committee on Armed Services, and the Committee on Foreign
Relations of the Senate; and
(B) the Committee on Science, Space, and Technology, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives.
SA 5861. Mr. YOUNG submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
Subtitle —National Quantum Initiative Reauthorization Act of 2026
SECTION 1. SHORT TITLE.
This subtitle may be cited as the “National Quantum
Initiative Reauthorization Act of 2026”.
SEC. 2. 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) a country that is a covered nation (as such term is
defined in section 4872(f) of title 10, United States Code);
and
“(B) any country that the Secretary of Commerce, in
consultation with the Secretary of Defense, the Secretary of
State, and the Director of National Intelligence, determines
to be engaged in conduct that is detrimental to the national
security or foreign policy of the United States.
“(6) 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 Commerce, 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.”;
(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. 3. 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. 4. 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. 5. 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. 6. SUBCOMMITTEE ON QUANTUM INFORMATION SCIENCE.
Section 103 of the National Quantum Initiative Act (15
U.S.C. 8813) is amended—
(1) in subsection (d)—
(A) in paragraph (1), by striking “the quantum information
science and technology research,” and inserting “quantum
information science, engineering, and technology research,
quantum application development, and demonstration,”;
(B) in paragraph (4)—
(i) by inserting “, engineering, and technology” after
“science”; and
(ii) by inserting “skillset” before “diversity”;
(C) in paragraph (5)—
(i) by inserting “, engineering, and technology” after
“science”; and
(ii) by inserting “and conduct comparative benchmarking of
Federal investments and research strategies relative to those
of strategic allies and partners of the United States and
other countries” after “development efforts”;
(D) in paragraph (6)—
(i) by striking “science and technology” and inserting
“science, engineering, and technology”; and
(ii) by striking “and” after the semicolon;
(E) in paragraph (7)—
(i) by inserting “, engineering, and technology” after
“science”; and
(ii) by striking the period and inserting a semicolon; and
(F) by adding at the end the following:
“(8) facilitate interagency partnership opportunities to
advance quantum applications related to advanced
manufacturing, biotechnology, critical minerals, chemistry,
space, and other sectors; and
“(9) evaluate the competitiveness and capabilities of the
United States in quantum technologies with respect to quantum
computing, sensing, networking, and applications.”;
(2) in subsection (g)(2)—
(A) in paragraph (A), by inserting “numbers” after
“budget”;
(B) in paragraph (B), by inserting “numbers” after
“budget”; and
(C) by adding at the end the following new paragraphs:
“(D) Metrics for measuring the impact of the Program for
the current fiscal year, for each Federal department and
agency described in subsection (b).
“(E) Value proposition as a result of each interagency
partnership opportunity.”;
(3) in subsection (h)(2)(A), by inserting “, including a
description of agency roles and responsibilities” before the
period; and
(4) by adding at the end the following new subsection:
“(i) Quantum Use Cases.—
“(1) In general.—The Subcommittee shall identify
potential use cases for quantum technologies that could
advance the missions of Federal departments and agencies
participating in the Program.
“(2) Quantum on-ramp.—For each potential use case
identified pursuant to paragraph (1) for a Federal department
or agency, the head of the Federal department or
agency may, in consultation with the Subcommittee, develop a
plan to enable such department or agency to address the
potential use case.
“(3) Comparison to artificial intelligence technologies.—
For any potential use case identified under paragraph (1) for
a Federal department or agency, the head of the department or
agency may, in consultation with the Subcommittee, consider
the quantum use case's interplay with artificial intelligence
and compare its anticipated costs, functionality, and
benefits.
“(4) Reporting.—The Subcommittee, as part of the annual
report on the budget for the Program under subsection (g),
shall report progress in carrying out the activities under
this subsection, including information relating to the
following:
“(A) The potential use cases identified pursuant to
paragraph (1).
“(B) The status of plans developed pursuant to paragraph
(2).
“(C) Any obstacles to addressing such potential use cases,
including lack of funding.”.
SEC. 7. 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. 8. 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. 9. INTERNATIONAL QUANTUM COOPERATION STRATEGY.
The National Quantum Initiative Act (15 U.S.C. 8801 et
seq.) is amended by inserting after section 105 the following
new section:
“SEC. 105A. INTERNATIONAL QUANTUM COOPERATION STRATEGY.
“(a) Strategy Required.—Not later than one year after the
date of the enactment of this section, the Director of the
Office of Science and Technology Policy shall, in
consultation with the Secretary of Commerce, the Secretary of
State, 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, 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) 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,
including plans for diplomatic engagement with allies and
partners, and other countries.
“(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. 10. 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
[9], 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. 11. 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
[10], 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. 12. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
ACTIVITIES AND QUANTUM CONSORTIUM.
Section 201 of the National Quantum Initiative Act (15
U.S.C. 8831) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking “science and
technology” and inserting “science, engineering, and
technology”;
(B) in paragraph (2)—
(i) by inserting “attract, educate, and” before
“train”; and
(ii) by striking “science and technology” and inserting
“science, engineering, and technology”;
(C) by amending paragraph (3) to read as follows:
“(3) shall carry out research to facilitate the
development and standardization, as appropriate, of quantum
cryptography, post-quantum cryptography (as such term is
defined in section 3 of the Quantum Computing Cybersecurity
Preparedness Act (6 U.S.C. 1526 note; Public Law 117-260)),
and practices to replace cryptographic keys or algorithms
with minimal disruption to current applications and
systems;”;
(D) by amending paragraph (4) to read as follows:
“(4) shall carry out research, development, and
demonstration projects, as appropriate, to facilitate the
development of quantum applications, including research on
quantum supply chain-enabling technologies, such as lasers,
cryogenics, and other supporting technologies;”;
(E) by redesignating paragraphs (5), (6), and (7) as
paragraphs (7), (8), and (9), respectively;
(F) by inserting after paragraph (4) the following:
“(5) shall 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. 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. 13. 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. 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. 14. 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. 15. 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.
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. 16. 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. 17. QUANTUM TESTBEDS; RESEARCH SECURITY.
Title III of the National Quantum Initiative Act (15 U.S.C.
8841 et seq.) is amended by adding at the end the following:
“SEC. 303. QUANTUM TESTBEDS.
“(a) In General.—Not later than 1 year after the date of
enactment of the National Quantum Initiative Reauthorization
Act of 2026, the Director of the National Science Foundation,
in coordination with the Director of the National Institute
of Standards and Technology, the Secretary of Energy, the
Administrator of the National Aeronautics and Space
Administration, and the heads of other Federal agencies, as
determined appropriate by the Director of the National
Science Foundation, shall make awards on a competitive,
merit-based review basis to institutions of higher education,
nonprofit organizations, federally funded research and
development centers, or consortia thereof, to establish
testbeds focused on quantum applications.
“(b) Purposes.—The quantum testbeds established under
subsection (a) shall focus on advancing early-stage quantum
research toward validated and deployable quantum
applications, as determined by the Director of the National
Science Foundation, through proof-of-concept testing,
demonstrations, pilot projects, benchmarking, and
prototyping, by—
“(1) supporting translational quantum research and
development activities for quantum application use cases,
including, for testbeds featuring quantum software and
quantum algorithms driving toward utility, leveraging
approaches such as algorithm innovation and tools such as
resource estimators;
“(2) providing accessible research resources for
developing, testing, and benchmarking the application of
quantum technologies to likely use cases, including enabling
quantum cloud access;
“(3) investing in quantum computing technologies that show
promise for viability, including directing funding to advance
each layer of the stack and related systems engineering and
integration;
“(4) demonstrating feasibility and establishing cost and
benefit to facilitate transition to real-world applications
or agency adoption; and
“(5) supporting the co-location of quantum
instrumentation, fabrication, and enabling technologies
within testbeds and affiliated user-access facilities to
enable rapid prototyping, iteration, and scale-up for
industry.
“(c) Applications.—An applicant for an award under this
section shall submit to the Director of the National Science
Foundation an application at such time, in such manner, and
containing such information as the Director determines to be
necessary to evaluate the application using the criteria
described in subsection (d). The application shall, at a
minimum, describe the following:
“(1) How the applicant will assemble a workforce with the
skills needed to operate a quantum testbed.
“(2) How the applicant will ensure broad access to a
quantum testbed, including for start-ups and research
institutions.
“(3) How a quantum testbed will operate after Federal
funding has ended.
“(4) How the applicant will contribute to the quantum
testbed, such as through funding or other resources required
to develop quantum applications.
“(5) How the applicant will protect any research or
advancements made as a result of using the quantum testbed.
“(6) How the applicant will facilitate transition of
testbed outcomes to subsequent development stages, including
real-world applications or agency use.
“(d) Competitive, Merit-based Review Process.—The
Director of the National Science Foundation shall select
applications submitted under subsection (c) for awards using
a formal merit-based review process that shall—
“(1) ensure that applications selected are the most
technically sound and strategically aligned;
“(2) prioritize applications that demonstrate strong
potential to enhance United States leadership in quantum
applications;
“(3) support initiatives that align with the strategic
goals of the National Science Foundation while avoiding
unnecessary duplication of efforts led by other Federal
agencies;
“(4) facilitate a competitive, transparent, and objective
selection process, utilizing qualified subject-matter
experts; and
“(5) include appropriate consideration of application
feasibility, cost-effectiveness, technological maturity, and
risk mitigation.
“(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. 18. 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. 19. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
QUANTUM ACTIVITIES.
(a) In General.—The National Quantum Initiative Act (15
U.S.C. 8801 et seq.) is amended by adding at the end the
following new title:
“TITLE V—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION QUANTUM
ACTIVITIES
“SEC. 501. DEFINITION OF ADMINISTRATOR.
“In this title, the term `Administrator' means the
Administrator of the National Aeronautics and Space
Administration.
“SEC. 502. QUANTUM INFORMATION SCIENCE, ENGINEERING, AND
TECHNOLOGY RESEARCH FOR SPACE AND AERONAUTICS.
“(a) In General.—The Administrator is authorized to carry
out research on quantum information science, engineering, and
technology.
“(b) Cooperation.—In carrying out subsection (a), the
Administrator—
“(1) shall consider cooperative arrangements with the
Department of Energy and other Federal Government agencies,
as practicable, on areas of shared benefit; and
“(2) may enter into memoranda of understanding or
memoranda of agreement to establish such cooperative
arrangements.
“(c) Strategy.—Not later than 180 days after the date of
the enactment of this title, the Administrator shall submit
to the appropriate committees of Congress a strategy for
National Aeronautics and Space Administration research on
quantum information science, engineering, and technology. The
strategy shall identify resources required to support
implementation of the strategy, including budgets, workforce,
and infrastructure, describe cooperative efforts with other
Federal Government agencies, and address areas of research
and applications, including the following:
“(1) Quantum sensing.
“(2) Quantum networking.
“(3) Quantum communications, including quantum satellite
communications.
“(4) Quantum computing.
“(5) Science, aeronautics, and exploration-related
applications.
“(6) Any other area of quantum information, science,
engineering, and technology that furthers the mission of the
National Aeronautics and Space Administration and is
consistent with the purposes of this Act, as the
Administrator considers appropriate.
“(d) Consultation.—In developing the strategy described
in subsection (c), the Administrator may seek input from
relevant external stakeholders, including institutions of
higher education, industry, and nonprofit research
organizations.
“SEC. 503. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
QUANTUM INITIATIVES.
“(a) In General.—Subject to the availability of
appropriations, the Administrator, in consultation with the
heads of other Federal departments and agencies, as
appropriate, may establish one or more initiatives focused on
space and aeronautics applications of quantum information
science, engineering, and technology.
“(b) Initiative Details.—
“(1) Merit-based review process.—
“(A) In general.—The Administrator shall develop and
implement a formal, merit-based review process for evaluating
proposals, applications, and initiatives submitted to the
National Aeronautics and Space Administration with respect to
the research, development, or deployment of quantum
technologies with potential relevance to the civil space and
aeronautics missions of the National Aeronautics and Space
Administration.
“(B) Criteria.—The process established under subparagraph
(A) shall be designed—
“(i) to ensure taxpayer dollars are directed to the most
technically sound and strategically aligned quantum
technology proposals;
“(ii) to prioritize applications that demonstrate strong
potential to enhance United States leadership in space-based
quantum applications, including sensing, navigation,
communications, simulation, and computing;
“(iii) to support initiatives that align with the
strategic goals of the National Aeronautics and Space
Administration and avoid unnecessary duplication of efforts
led by other Federal agencies;
“(iv) to facilitate a competitive, transparent, and
objective selection process using qualified subject-matter
experts; and
“(v) to include appropriate consideration of project
feasibility, cost-effectiveness, technological maturity, and
risk mitigation.
“(2) Application requirements.—An applicant under this
section shall submit to the Administrator an application at
such time, in such manner, and containing such technical,
programmatic, and budgetary information as the Administrator
determines necessary to evaluate the application through the
review process developed under paragraph (1).
“(3) Eligible applicants.—In carrying out the process
under paragraph (1), the Administrator shall consider
applications from institutions of higher education, research
centers, multi-institutional collaborations, and any other
entity the Administrator considers appropriate.
“(4) Collaborations.—A collaboration that receives an
award under this section may include multiple types of
research institutions, including institutions of higher
education, private sector entities, and nonprofit
organizations.
“(5) Coordination and accountability.—The Administrator
shall ensure that an awardee under this section—
“(A) coordinates with the National Aeronautics and Space
Administration, including by identifying personnel designated
to serve as program liaisons for technical and programmatic
oversight; and
“(B) avoids unnecessary duplication of existing activities
of the National Aeronautics and Space Administration, other
activities carried out under the National Quantum Initiative
Reauthorization Act of 2026 or the amendments made by that
Act, and other related programs.
“(6) Commercial technology.—An initiative established
under this section may leverage commercially available
hardware and software to carry out the activities described
in subsection (c).
“(c) Initiative Activities.—An initiative established
under this section may carry out activities that—
“(1) support research focused on developing and
demonstrating space, aeronautics, and exploration
applications for quantum information science, engineering,
and technology, including research relating to the strategy
developed under section 502(c); and
“(2) support quantum information science, engineering, and
technology education and public outreach.
“(d) Initiative Requirements.—To the maximum extent
practicable, an initiative established under this section
shall serve the needs of the National Aeronautics and Space
Administration for the benefit of the broader 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. 20. 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. 21. REVIEW OF REGULATORY BARRIERS TO QUANTUM
INFORMATION SCIENCE, ENGINEERING, AND
TECHNOLOGY DEVELOPMENT.
(a) Definitions.—In this section:
(1) Appropriate committees of congress.—The term
“appropriate committees of Congress” has the meaning given
such term in section 2 of the National Quantum Initiative Act
(15 U.S.C. 8801).
(2) Quantum information science, engineering, and
technology.—The term “quantum information science,
engineering, and technology” has the meaning given such term
in section 2 of the National Quantum Initiative Act (15
U.S.C. 8801), as amended by section [2] 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. 22. 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. 23. 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.”.
SA 5862. Mr. HAWLEY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PREVENTING ELECTED LEADERS FROM OWNING SECURITIES
AND INVESTMENTS (PELOSI) ACT.
(a) Short Title.—This section may be cited as the
“Preventing Elected Leaders from Owning Securities and
Investments (PELOSI) Act”.
(b) Banning Insider Trading in Congress.—
(1) In general.—Chapter 131 of title 5, United States
Code, is amended by adding at the end the following:
“Subchapter IV—Banning Insider Trading in Congress
“Sec. 13161. Definitions
“In this subchapter:
“(1) Covered financial instrument.—
“(A) In general.—The term `covered financial instrument'
means—
“(i) any investment in—
“(I) a security (as defined in section 3(a) of Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)));
“(II) a security future (as defined in that section); or
“(III) a commodity (as defined in section 1a of the
Commodity Exchange Act (7 U.S.C. 1a)); and
“(ii) any economic interest comparable to an interest
described in clause (i) that is acquired through synthetic
means, such as the use of a derivative, including an option,
a warrant, or other similar means.
“(B) Exclusions.—The term `covered financial instrument'
does not include—
“(i) a diversified mutual fund;
“(ii) a diversified exchange-traded fund;
“(iii) a United States Treasury bill, note, or bond; or
“(iv) compensation from the primary occupation of a spouse
or dependent child of a Member of Congress.
“(2) Dependent child; member of congress.—The terms
`dependent child' and `Member of Congress' have the meanings
given those terms in section 13101.
“(3) Supervising ethics committee.—The term `supervising
ethics committee' means, as applicable—
“(A) the Select Committee on Ethics of the Senate; and
“(B) the Committee on Ethics of the House of
Representatives.
“Sec. 13162. Prohibition on certain transactions and
holdings involving covered financial instruments
“(a) Prohibition.—Except as provided in subsection (b), a
Member of Congress, or any spouse of a Member of Congress,
may not, during the term of service of the Member of
Congress, hold, purchase, or sell any covered financial
instrument.
“(b) Exceptions.—The prohibition under subsection (a)
shall not apply to a sale by a Member of Congress, or a
spouse of a Member of Congress, that is completed by the date
that is—
“(1) for a Member of Congress serving on the date of
enactment of the Preventing Elected Leaders from Owning
Securities and Investments (PELOSI) Act, 180 days after that
date of enactment; and
“(2) for any Member of Congress who commences service as a
Member of Congress after the date of enactment of the
Preventing Elected Leaders from Owning Securities and
Investments (PELOSI) Act, 180 days after the first date of
the initial term of service.
“(c) Penalties.—
“(1) Disgorgement.—A Member of Congress shall disgorge to
the Treasury of the United States any profit from a
transaction or holding involving a covered financial
instrument that is conducted in violation of this section.
“(2) Fines.—A Member of Congress who holds or conducts a
transaction involving, or whose spouse holds or conducts a
transaction involving, a covered financial instrument in
violation of this section may be subject to a civil fine
assessed by the applicable supervising ethics committee under
section 13164.
“Sec. 13163. Certification of compliance
“(a) In General.—Not less frequently than annually, each
Member of Congress shall submit to the applicable supervising
ethics committee a written certification that the Member of
Congress has achieved compliance with the requirements of
this subchapter.
“(b) Publication.—The supervising ethics committees shall
publish each certification submitted under subsection (a) on
a publicly available website.
“Sec. 13164. Authority of supervising ethics committees
“(a) In General.—The supervising ethics committees may
implement and enforce the requirements of this subchapter,
including by—
“(1) issuing—
“(A) for Members of Congress—
“(i) rules governing that implementation; and
“(ii) 1 or more reasonable extensions to achieve
compliance with this subchapter, if the applicable
supervising ethics committee determines that a Member of
Congress is making a good faith effort to divest any covered
financial instruments; and
“(B) guidance relating to covered financial instruments;
“(2) publishing on the internet certifications submitted
by Members of Congress under section 13163(a); and
“(3) assessing civil fines against any Member of Congress
who is in violation of this subchapter, subject to subsection
(b).
“(b) Requirements for Civil Fines.—
“(1) In general.—Before imposing a fine pursuant to this
section, the applicable supervising ethics committee shall
provide to the applicable Member of Congress—
“(A) a written notice describing each covered financial
instrument transaction for which a fine will be assessed; and
“(B) an opportunity, with respect to each such covered
financial instrument transaction—
“(i) for a hearing; and
“(ii) to achieve compliance with the requirements of this
subchapter.
“(2) Enforcement.—
“(A) In general.—In the event of continuing noncompliance
after issuance of the notice described in paragraph (1), the
applicable supervising ethics committee shall impose a civil
penalty, in the amount described in subparagraph (B), on the
Member of Congress to whom a notice was provided—
“(i) on the date that is 30 days after the date of
provision of the notice; and
“(ii) during the period in which such noncompliance
continues, not less frequently than once every 30 days
thereafter.
“(B) Amount.—The amount of each civil penalty imposed on
a Member of Congress pursuant to subparagraph (A) shall be an
amount equal to 10 percent of the value of each covered
financial instrument that was not divested in violation of
this subchapter during the period covered by the penalty.
“(3) Publication.—Each supervising ethics committee shall
publish on a publicly available website a description of—
“(A) each fine assessed by the supervising ethics
committee pursuant to this section;
“(B) the reasons why each such fine was assessed; and
“(C) the result of each assessment, including any hearing
under paragraph (1)(B)(i) relating to the assessment.
“(4) Appeal.—A Member of Congress may appeal the
assessment of a fine under this section to a vote on the
floor of the Senate
or the House of Representatives, as applicable, as a
privileged motion.
“Sec. 13165. Audit by Government Accountability Office
“Not later than 2 years after the date of enactment of the
Preventing Elected Leaders from Owning Securities and
Investments (PELOSI) Act, the Comptroller General of the
United States shall—
“(1) conduct an audit of the compliance by Members of
Congress with the requirements of this subchapter; and
“(2) submit to the supervising ethics committees a report
describing the results of the audit conducted under paragraph
(1).”.
(2) Conforming amendments.—
(A) Table of sections.—The table of sections for chapter
131 of title 5, United States Code, is amended by adding at
the end the following:
“subchapter iv—banning insider trading in congress
“13161. Definitions. “13162. Prohibition on certain transactions and holdings involving
- covered financial instruments.
- “13163. Certification of compliance.
- “13164. Authority of supervising ethics committees.
- “13165. Audit by Government Accountability Office.”.
(B) Persons required to file.—Section 13103(f) of title 5,
United States Code, is amended—
(i) in paragraph (9), by striking “as defined in section
13101 of this title”;
(ii) in paragraph (10), by striking “as defined in section
13101 of this title”;
(iii) in paragraph (11), by striking “as defined in
section 13101 of this title”; and
(iv) in paragraph (12), by striking “as defined in section
13101 of this title”.
(C) Lobbying disclosure act of 1995.—Section 3(4)(D) of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is
amended by striking “legislative branch employee serving in
a position described under section 13101(13) of title 5,
United States Code” and inserting “officer or employee of
Congress (as defined in section 13101 of title 5, United
States Code)”.
SA 5863. Mr. HAWLEY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2829. AUTHORIZATION OF AMOUNTS FOR PRIVATIZED MILITARY
HOUSING AT FORT LEONARD WOOD, MISSOURI.
There is authorized to be appropriated to the Secretary of
Defense $100,000,000 to be used for an equity investment in
military family housing under subchapter IV of chapter 169 of
title 10, United States Code, at Fort Leonard Wood, Missouri.
SA 5864. Mr. HAWLEY (for himself and Mr. Durbin) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—STOP CSAM Act of 2026
SEC. 1094. 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. 1095. 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 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. 1096. 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 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. 1097. 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 (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 STOP CSAM
Act of 2026, and of each year thereafter, a provider that had
more than 1,000,000 unique monthly visitors or users during
each month of the preceding year and accrued revenue of more
than $50,000,000 during the preceding year shall submit to
the Attorney General and the Chair of the Federal Trade
Commission a report, disaggregated by subsidiary, that
provides the following information for the preceding year to
the extent such information is applicable and reasonably
available:
“(A) Cybertipline data.—
“(i) The total number of reports that the provider
submitted under subsection (a)(1).
“(ii) Which items of information described in subsection
(b)(2) are routinely included in the reports submitted by the
provider under subsection (a)(1).
“(B) Other reporting to the provider.—
“(i) The measures the provider has in place to receive
other reports concerning child sexual exploitation and abuse
using the provider's product or on the provider's service.
“(ii) The average time for responding to reports described
in clause (i).
“(iii) The number of reports described in clause (i) that
the provider received.
“(iv) A summary description of the actions taken upon
receipt of the reports described in clause (i).
“(C) Policies.—
“(i) A description of the policies of the provider with
respect to the commission of child sexual exploitation and
abuse using the provider's product or on the provider's
service, including how child sexual exploitation and abuse is
defined.
“(ii) A description of possible user consequences for
violations of the policies described in clause (i).
“(iii) The methods of informing users of the policies
described in clause (i).
“(iv) The process for adjudicating potential violations of
the policies described in clause (i).
“(D) Culture of safety.—
“(i) The measures, tools, and technologies that the
provider deploys to—
“(I) protect children from sexual exploitation and abuse
using the provider's product or service;
“(II) prevent or interdict activity by children related to
sexual exploitation and abuse, including the posting or
sharing of intimate visual depictions; and
“(III) accurately identify adult and minor users.
“(ii) The measures, tools, and technologies that the
provider deploys to empower parents and guardians to protect
their children from sexual exploitation and abuse using the
provider's product or service.
“(iii) The measures, tools, and technologies that the
provider deploys to prevent the use of the provider's product
or service by individuals seeking to commit child sexual
exploitation and abuse.
“(iv) With respect to the measures, tools, and
technologies described in clauses (i), (ii), and (iii)—
“(I) an assessment of their efficacy, including any
relevant quantitative information indicating when and how
often they are used; and
“(II) information on any factors that limit their efficacy
or create gaps in their protection and efforts by the
provider to address those loopholes or gaps.
“(v) A description of factors that interfere with the
provider's ability to detect or evaluate instances of child
sexual exploitation and abuse and an analysis of the impact
of those factors.
“(vi) Information shared by the provider with users about
the risks to children on the provider's product or service
concerning sexual exploitation and abuse and an assessment of
the impact of the information on users, including any
relevant quantitative information indicating how often the
information is reviewed.
“(vii) A description of efforts undertaken by the
provider, to the extent appropriate, to allow for independent
verification of the information provided pursuant to this
subparagraph and of the efficacy of the measures, tools, and
technologies described in clauses (i), (ii), and (iii),
including through the facilitation of independent research.
“(E) Safety by design.—The measures that the provider
takes before launching a new product or service—
“(i) to assess—
“(I) the safety risks for children with respect to sexual
exploitation and abuse; and
“(II) whether and how individuals could use the new
product or service to commit child sexual exploitation and
abuse; and
“(ii) to determine—
“(I) the appropriate age for users of the new product or
service; and
“(II) whether the new product or service will be adopted
to commit child sexual exploitation and abuse.
“(F) Prevalence, trends, and patterns.—Any information
concerning—
“(i) the prevalence of child sexual exploitation and abuse
on the provider's product or service, including the volume of
child pornography that is available and that is being
accessed, distributed, or received; and
“(ii) emerging trends, risks, and changing patterns with
respect to the commission of online child sexual exploitation
and abuse.
“(G) Other information.—Any other information relevant to
child sexual exploitation and abuse on the provider's product
or service.
“(2) Avoiding duplication.—Notwithstanding the
requirement under the matter preceding paragraph (1) that
information be submitted annually, in the case of any report
submitted under that paragraph after the
initial report, a provider shall submit information described
in subparagraphs (C) through (F) of that paragraph not less
frequently than once every 3 years or when new information is
available, whichever is more frequent.
“(3) Limitation.—Nothing in paragraph (1) shall require
the disclosure of trade secrets or other proprietary
information.
“(4) Publication.—
“(A) In general.—Subject to subparagraph (B), the
Attorney General and the Chair of the Federal Trade
Commission shall publish the reports received under this
subsection.
“(B) Redaction.—
“(i) In general.—Whether or not such redaction is
requested by the provider, the Attorney General and Chair of
the Federal Trade Commission shall redact from a report
published under subparagraph (A) any information as necessary
to avoid—
“(I) undermining the efficacy of a safety measure
described in the report; or
“(II) revealing how a product or service of a provider may
be used to commit online child sexual exploitation and abuse.
“(ii) Additional redaction.—
“(I) Request.—In addition to information redacted under
clause (i), a provider may request the redaction, from a
report published under subparagraph (A), of any information
that is law enforcement sensitive or otherwise not suitable
for public distribution.
“(II) Agency discretion.—The Attorney General and Chair
of the Federal Trade Commission—
“(aa) shall consider a request made under subclause (I);
and
“(bb) may, in their discretion, redact from a report
published under subparagraph (A) any information pursuant to
the request.”;
(2) in section 2258B—
(A) by striking subsection (a) and inserting the following:
“(a) In General.—
“(1) Limited liability.—Except as provided in subsection
(b), a civil claim or criminal charge described in paragraph
(2) may not be brought in any Federal or State court.
“(2) Covered claims and charges.—A civil claim or
criminal charge referred to in paragraph (1) is a civil claim
or criminal charge against a provider or domain name
registrar, including any director, officer, employee, or
agent of such provider or domain name registrar, that is
directly attributable to—
“(A) the performance of the reporting or preservation
responsibilities of such provider or domain name registrar
under this section, section 2258A, or section 2258C;
“(B) transmitting, distributing, or mailing child
pornography to any Federal, State, or local law enforcement
agency, or giving such agency access to child pornography, in
response to a search warrant, court order, or other legal
process issued or obtained by such agency; or
“(C) the use by the provider or domain name registrar of
any material being preserved under section 2258A(h) by such
provider or registrar for research and the development and
training of tools, undertaken voluntarily and in good faith
for the sole and exclusive purpose of—
“(i) improving or facilitating reporting under this
section, section 2258A, or section 2258C; or
“(ii) stopping the online sexual exploitation of
children.”; and
(B) in subsection (b)—
(i) in paragraph (1), by striking “; or” and inserting
“or knowingly failed to comply with a requirement under
section 2258A;”;
(ii) in paragraph (2)(C)—
(I) by striking “sections” and inserting “this section
or section”; and
(II) by striking the period and inserting “; or”; and
(iii) by adding at the end the following:
“(3) for purposes of subsection (a)(2)(C), knowingly
distributed or transmitted the material, or made the material
available, except as required by law, to—
“(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. 1098. 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. 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. 1099. 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. 1100. 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.
SA 5865. Mr. MERKLEY (for himself and Mr. Cruz) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, insert the following:
Subtitle F—Blue Skies for Taiwan Act of 2026
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Blue Skies for Taiwan
Act of 2026”.
SEC. 1282. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on the Budget, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on the Budget, and the
Committee on Appropriations of the House of Representatives.
(2) Blue uas.—The term “Blue UAS” refers to UAS
components and systems that comply with Defense Contract
Management Agency's Blue UAS program and its associated list.
SEC. 1283. FINDINGS.
Congress makes the following findings:
(1) Taiwan is a longstanding and vital democratic partner
whose security is central to United States strategic
interests and regional stability in the Indo-Pacific region.
(2) The People's Republic of China (PRC) is increasingly
employing gray-zone tactics, including routine use of
unmanned aerial systems and other low-cost platforms, to
pressure Taiwan and undermine its security.
(3) As set forth in the Taiwan Relations Act of 1979
(Public Law 96-8), it is United States policy to maintain its
capacity to resist any resort to force or other forms of
coercion against Taiwan and provide Taiwan with arms of a
defensive nature.
(4) As set forth in the Taiwan Enhanced Resilience Act
(subtitle A of title XII of Public Law 117-263), it is the
sense of Congress that the United States should support
Taiwan's acquisition and employment of capabilities that
advance asymmetric strategies.
(5) The vast majority of commercially available UAS contain
PRC-sourced components, creating significant cybersecurity,
supply chain, and operational risks for both Taiwan and the
United States.
(6) Taiwan is well-positioned to develop and produce UAS
components and systems but faces challenges in competing with
PRC commercial companies, accessing capital, and meeting
United States certification and cybersecurity requirements.
(7) The United States should support UAS supply chain
development in Taiwan to strengthen Taiwan's asymmetric
defense posture and expand United States access to secure,
PRC-independent UAS components and systems.
(8) The Army Organic Industrial Base, including its
arsenals, depots, and ammunition plants, is undergoing
modernization to support emerging technologies and may
provide opportunities to support the testing and sustainment
of unmanned aerial systems and related components in
coordination with allies and partners.
SEC. 1284. BLUE UAS WORKING GROUP.
(a) Establishment.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall establish a
Blue UAS working group, leveraging existing workstreams and
expanding scope as needed, inclusive of government, industry,
and academic experts, to—
(1) assess Taiwan's domestic drone production capacity,
including research and development, legal and regulatory
frameworks, testing, certification, and production capacities
for dual-use drones;
(2) evaluate opportunities for public-private partnerships
between the United States and Taiwan for co-development and
co-production of UAS systems and components, including pilot
programs;
(3) identify barriers to the inclusion of Taiwan-
manufactured components and systems manufactured in Blue UAS
programs;
(4) identify regulatory, export-control, and certification
barriers that impede Taiwan's participation in Blue UAS
programs;
(5) provide recommendations to expand and improve
incorporation of Taiwanese suppliers into Blue UAS programs;
(6) identify specific UAS components or systems that could
be integrated into Blue UAS programs within 12 to 24 months;
(7) analyze opportunities and impediments to include Taiwan
in the Defense Autonomous Warfare Group and similar
initiatives;
(8) assess opportunities for collaboration with the Army
Organic Industrial Base, including its arsenals, depots, and
ammunition plants, to support the testing, evaluation,
production, maintenance, and sustainment of Blue UAS
components and systems, including those co-developed or co-
produced with Taiwan; and
(9) institute lessons learned from the war in Ukraine, in
consultation with the United States European Command (EUCOM)
and Ukrainian officials.
(b) Reporting.—Not later than one year after the date of
the enactment of this Act, and annually thereafter for three
years, the Working Group shall submit to the appropriate
congressional committees an unclassified report on its
activities, including findings, recommendations, timelines,
resource needs, and potential funding mechanisms, with a
classified appendix as necessary.
SEC. 1285. COOPERATIVE FRAMEWORK WITH ALLIES.
(a) In General.—The Secretary of State, in coordination
with the Secretary of Defense, shall establish a cooperative
framework, drawing on the Partnership for Indo-Pacific
Industrial Resilience (PIPIR), among the United States,
Taiwan, and regional allies and global partners to promote
secure, PRC-independent UAS supply chains and enhance
interoperability.
(b) Elements.—The cooperative framework shall include—
(1) support regional allies in the acquisition of Blue UAS
components or systems from Taiwan in lieu of PRC-sourced
components; and
(2) fast-track Blue UAS certification for components co-
developed or co-produced by Taiwan and regional allies.
SEC. 1286. FAST-TRACK CERTIFICATION.
(a) In General.—The Secretary of State, in coordination
with the Secretary of Defense, shall develop a fast-track
process for Blue UAS companies in Taiwan to obtain Blue UAS
certification.
(b) Elements.—The fast-track certification process shall
include the following procedures:
(1) Expedited export control reviews and licensing for
Taiwan drone and drone component manufacturers, including
streamlined technical reviews for components with no PRC-
connected subcomponents.
(2) A fast-track certification procedure for Taiwanese
manufacturers, including reciprocal testing arrangements or
recognition of equivalent Taiwan cybersecurity standards
where appropriate.
SEC. 1287. RULES OF CONSTRUCTION.
Nothing in this subtitle shall be construed—
(1) to alter United States policy towards Taiwan as
codified in the Taiwan Relations Act of 1979 (Public Law 96-
8);
(2) to alter the United States commitment to the One China
Policy, including commitments made in the Three United
States-China Communiques and the Six Assurances to Taiwan; or
(3) to alter the United States Government's position with
respect to the international status of Taiwan.
SA 5866. Mr. CORNYN (for himself and Mr. Peters) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. AGENCY USE OF IT PRODUCTS.
(a) Definitions.—In this section:
(1) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
(A) the congressional defense committees; and
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight of the
House of Representatives.
(2) Authorized reseller.—The term “authorized reseller”
means a reseller, after market manufacturer, supplier, or
distributor of a covered product that—
(A) has a direct or prime contractual arrangement with, or
the express written authority of, the eligible original
equipment manufacturer of the covered product to manufacture,
buy, stock, repackage, sell, resell, repair, service,
otherwise support, or distribute the covered product; and
(B) has not been found to be subject to criminal liability
pursuant to sections 2318, 2319, or 2320 of title 18, United
States Code, or civil liability pursuant to sections 42 or 43
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 referred to
as the “Trademark Act of 1946”; 15 U.S.C. 1124, 1125).
(3) Covered product.—The term “covered product”—
(A) means an information and communications technology end-
use hardware product or component, including software and
firmware that comprise the end-use hardware product or
component; and
(B) does not include—
(i) other software; or
(ii) an end-use hardware product—
(I) in which there is embedded information and
communications technology; and
(II) the principal function of which is not the creation,
manipulation, storage, display, receipt, or transmission of
electronic data and information.
(4) Eligible original equipment manufacturer.—The term
“eligible original equipment manufacturer” means a company
that—
(A) manufactures a covered product that the company—
(i) designed from self-sourced or purchased components; and
(ii) sells under the name of the company; and
(B) has not been found to be subject to criminal liability
pursuant to sections 2318, 2319, or 2320 of title 18, United
States Code, or civil liability pursuant to sections 42 or 43
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 referred to
as the “Trademark Act of 1946”; 15 U.S.C. 1124, 1125).
(5) End-use product.—The term “end-use product” means a
product ready for use by the maintainer, integrator, or end
user of the product.
(6) Information and communications technology.—The term
“information and communications technology”—
(A) has the meaning given the term in section 4713 of title
41, United States Code; and
(B) includes information and communications technologies
covered by definitions contained in the Federal Acquisition
Regulation, including definitions added after the date of the
enactment of this Act by the Federal Acquisition Regulatory
Council pursuant to notice and comment.
(b) Prohibition on Procurement and Use.—Subject to
subsection (c) and notwithstanding sections 1905 through 1907
of title 41, United States Code, the Secretary of Defense may
not procure or obtain, renew a contract to procure or obtain,
or use a covered product that is procured from an entity
other than an eligible original equipment manufacturer or an
authorized reseller.
(c) Waiver.—
(1) In general.—Upon notice to appropriate congressional
committees, the Secretary of Defense may waive the
prohibition under subsection (b) with respect to a covered
product if the Secretary determines that procuring,
obtaining, or using the covered product is necessary—
(A) for the purpose of scientifically valid research (as
defined in section 102 the Education Sciences Reform Act of
2002 (20 U.S.C. 9501)); or
(B) to avoid jeopardizing the performance of mission
critical functions.
(2) Notice.—The notice described in paragraph (1)—
(A) shall—
(i) specify, with respect to the waiver under paragraph
(1)—
(I) the justification for the waiver;
(II) any security mitigations that have been implemented;
and
(III) with respect to a waiver that necessitates a security
mitigation, the plan of action and milestones to avoid future
waivers for subsequent similar purchases; and
(ii) provide a declaration that covered product is not
being purchased from an entity that is under the influence or
control of a foreign adversary; and
(iii) be submitted in an unclassified form; and
(B) may include a classified annex.
(3) Duration.—With respect to a waiver for the purpose of
research, as described in paragraph (1)(A), the waiver shall
be effective for the duration of the research identified in
the waiver.
(d) Vendor Technical Assistance.—The Secretary of Defense
shall establish procurement guidance to provide assistance to
entities that are not eligible for procurements of covered
products due to the prohibition under subsection (b) on the
process of becoming an authorized reseller for covered
products.
(e) Reports to Congress.—
(1) In general.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the date
that is 6 years after the date of enactment of this Act, the
Secretary of Defense shall submit to the appropriate
congressional committees a report that provides—
(A) the number and types of covered products for which a
waiver under subsection (c)(1) was granted during the 1-year
period preceding the date of the submission of the report;
(B) the legal authority under which each waiver described
in subparagraph (A) was granted, such as whether the waiver
was granted pursuant to subparagraph (A) or (B) of subsection
(c)(1); and
(C) any actions taken by the Secretary to reduce the number
of waivers issued by the Department of Defense under
subsection (c)(1) with the goal of achieving full compliance
with the prohibition under subsection (b).
(2) Classification of report.—Each report submitted under
this subsection—
(A) shall be submitted in unclassified form; and
(B) may include a classified annex that contains the
information described in paragraph (1)(B).
(f) Redress Process.—
(1) Notice.—Not later than 30 days after the date on which
the Director of the Office of Management and Budget
determines that an entity is not an eligible original
equipment manufacturer or an authorized reseller, the
Director of the Office of Management and Budget shall issue
to the entity a notice of the determination—
(A) advising the entity of the determination;
(B) identifying the criteria relied upon and the
information that formed the basis for the determination;
(C) advising that, not later 90 days after the date of
receipt of the notice, the entity may submit to the Director
of the Office of Management and Budget a request to rescind
the determination with information and argument in opposition
to the determination;
(D) describing the procedures governing the review and
possible issuance of a determination; and
(E) where practicable, identifying mitigation steps that
could be taken by the entity that may result in the
rescission of the determination.
(2) Congressional notification requirements.—
(A) Notice of designation.—Not later than 30 days after
the date on which the Director of the Office of Management
and Budget issues a notice to an entity under paragraph (1),
the Director of the Office of Management and Budget shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Accountability of the House of Representatives the notice.
(B) Information and argument in opposition to
determinations.—Not later than 30
days after the date on which the Director of the Office of
Management and Budget receives any information and argument
in opposition to a determination pursuant to paragraph
(1)(C), the Director of the Office of Management and Budget
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives
such information.
(g) No New Funds.—No additional amounts are authorized to
be appropriated for the purpose of carrying out this section.
(h) Effective Date.—This section shall take effect on the
date that is 1 year after the date of enactment of this Act.
SA 5867. Mr. CORNYN (for himself and Ms. Hirono) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. APPLICABILITY OF AUTHORITY TO RECONSIDER DECISIONS
TO INTER THE REMAINS OR HONOR THE MEMORY OF A
PERSON IN A NATIONAL CEMETERY.
(a) In General.—Section 2411 of title 38, United States
Code, is amended—
(1) in subsection (d)(1), by inserting “made on or after
June 18, 1973,” after “reconsider a decision”;
(2) in subsections (b)(4)(A), (b)(5)(A), (d)(2)(A)(ii), and
(e)(1)(B), by striking “to be a tier III sex offender for
purposes of the Sex Offender Registration and Notification
Act (34 U.S.C. 20901 et seq.)” each place it appears and
inserting “to meet the definition of a tier III sex offender
under section 111 of the Sex Offender Registration and
Notification Act (34 U.S.C. 20911)”; and
(3) by adding at the end the following new subsection:
“(g) This section shall apply with respect to applications
for interment or memorialization made on or after June 18,
1973.”.
(b) Conforming Repeals.—
(1) Section 2 of the Alicia Dawn Koehl Respect for National
Cemeteries Act (Public Law 113-65) is amended by striking
subsection (c).
(2) Section 1 of the Act entitled “An Act to amend title
38, United States Code, to prohibit interment or
memorialization in certain cemeteries of persons committing
Federal or State capital crimes”, approved November 21, 1997
(Public Law 105-116), is amended by striking subsection (c).
SA 5868. Mr. CORNYN (for himself and Mr. Coons) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, insert the
following:
SEC. 1230. EXPANSION OF PERMISSIBLE USES OF UKRAINE SUPPORT
FUND.
Section 104(f)(2) of the Rebuilding Economic Prosperity and
Opportunity for Ukrainians Act (division F of Public Law 118-
50; 22 U.S.C. 9521 note) is amended by adding at the end the
following:
“(D) Purchases by the Government of Ukraine of defense
articles and services to respond to and recover from the
consequences of the aggression of the Russian Federation.”.
SA 5869. Mr. DAINES submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . ACCESS TO BENEFICIAL OWNERSHIP INFORMATION.
(a) Short Title.—This section may be cited as the
“Ownership Clarity Act”.
(b) Access to Beneficial Ownership Information.—Section
5336 of title 31, United States Code, is amended—
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
“(j) Access to Beneficial Ownership Information by Private
Parties.—
“(1) Definitions.—In this subsection:
“(A) Access license.—The term `access license' means a
license to access beneficial ownership information in
accordance with this subsection.
“(B) Covered entity.—The term `covered entity' means a
financial institution that provides, or an entity that
assists a financial institution in providing, screening
services.
“(C) Permitted personnel.—The term `permitted personnel'
means personnel of a covered entity who are permitted to
access beneficial ownership information in accordance with
this subsection.
“(D) Permitted purpose.—The term `permitted purpose'
means the use of beneficial ownership information for
screening services.
“(E) Screening services.—The term `screening services'
means the risk management procedures and activities
undertaken by permitted personnel for the protection of the
United States national security from international illicit
actors and corrupt foreign officials who seek to exploit the
financial systems of the United States by engaging in illicit
activity such as serious tax fraud, human and drug
trafficking, money laundering, financing terrorism.
“(2) Access licenses.—
“(A) In general.—Notwithstanding any other provision of
this section, the Director shall establish a process by which
covered entities may apply to the Director for an access
license.
“(B) Determination.—The Director may not issue an access
license to a covered entity unless the Director determines
that—
“(i) access to beneficial ownership information under this
subsection is predicated upon a reasonable concern for United
States national security and United States economic
stability, by identifying international illicit actors and
corrupt foreign officials and preventing international
illicit activity such as—
“(I) international terrorist financing;
“(II) any activity engaged in by an agent of the
Government of Iran, North Korea, Syria, or any other
government the Secretary of State has determined has
repeatedly provided support for acts of international
terrorism for purposes of—
“(aa) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
“(bb) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
“(cc) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)); or
“(dd) any other provision of law;
“(III) any activity engaged in by any individual or entity
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; or
“(IV) any other illicit financial conduct directly or
indirectly supporting a transnational criminal organization,
transnational drug trafficking organization, or transnational
money laundering organization;
“(ii) the covered entity limits access to and use of the
beneficial ownership information to permitted personnel of
the covered entity in connection with, or to support,
screening services; and
“(iii) the use, disclosure, and retention of the
beneficial ownership information is strictly limited to a
permitted purpose.
“(C) Duration.—
“(i) In general.—An access license issued under this
subsection shall expire on the date that is 2 years after the
date on which the license is issued.
“(ii) Renewal.—An expired access license may be renewed
for 2-year periods in accordance with the process established
under this paragraph.
“(3) Regulations.—The Director shall promulgate
regulations governing the use, disclosure, and retention of
the beneficial ownership information accessed pursuant to an
access license issued under this subsection.”.
SA 5870. Mr. DAINES submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III add the following:
SEC. 358. ADVANCED NOTIFICATION TO CONGRESS ON USE OF
PROPRIETARY LABELS.
(a) In General.—The Director of the Defense Logistics
Agency shall submit to the congressional defense committees a
notification—
(1) before procuring a new item with a national stock
number having an original listing as proprietary, which shall
include—
(A) a justification as to why the labeling of the item as
proprietary is warranted; and
(B) the price point for the item and a comparison to a
similar item that is not proprietary; and
(2) before a national stock number has its characteristics
data updated to proprietary, which shall include—
(A) a justification as to why such update is warranted;
(B) the price point for the item and a comparison to a
similar item that is not proprietary; and
(C) the change in cost per unit for procurement of the
proprietary item.
(b) Annual Report.—Not less frequently than annually, the
Director shall submit to Congress a report on the year over
year use of proprietary labels by the Department of Defense
and the associated price increases for use of such labels.
SA 5871. Mr. DAINES submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 320C. TREATMENT OF AIR FORCE MILITARY CONSTRUCTION AND
LAND ACQUISITION FUNCTIONS UNDER SENTINEL
PROGRAM.
(a) Authority Relating to Environmental Review.—
Notwithstanding any other provision of law, military
construction and land acquisition functions of the Department
of the Air Force for projects related to the Sentinel
intercontinental ballistic missile program (previously
referred to as the “ground-based strategic weapon program”)
shall not be considered to be a major Federal action under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) or an undertaking for the purposes of division A of
subtitle III of title 54, United States Code, if the
activity—
(1) occurs on previously developed land; and
(2) does not substantially alter land use.
(b) Rule of Construction.—Nothing in this section may be
construed as altering whether an activity described in
subsection (a) is considered to be a major Federal action
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or an undertaking under division A of
subtitle III of title 54, United States Code, for a reason
other than military construction or land acquisition by the
Department of the Air Force.
SA 5872. Mr. DAINES submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the
following:
SEC. . 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.
SA 5873. Mr. DAINES submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. TERMINATION OF APPLICATION OF TITLE IV OF THE
TRADE ACT OF 1974 TO PRODUCTS OF CERTAIN
COUNTRIES.
(a) Presidential Determinations and Extension of
Nondiscriminatory Treatment.—Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et
seq.), the President may—
(1) determine that such title should no longer apply to a
covered country; and
(2) after making a determination under paragraph (1) with
respect to a covered country, proclaim the extension of
nondiscriminatory treatment (normal trade relations
treatment) to the products of the covered country.
(b) Termination of Applicability of Title IV.—On and after
the effective date under subsection (a)(2) of the extension
of nondiscriminatory treatment to the products of a covered
country, title IV of the Trade Act of 1974 (19 U.S.C. 2431 et
seq.) shall cease to apply to the covered country.
(c) Covered Country Defined.—In this section, the term
“covered country” means any country excluding Belarus,
Cuba, and North Korea.
SA 5874. Mr. McCORMICK (for himself and Ms. Rosen) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. DEPARTMENT OF VETERANS AFFAIRS GRANT PROGRAM FOR
SUPPLEMENTAL NEUROREHABILITATION APPROACHES TO
CHRONIC MILD TRAUMATIC BRAIN INJURY TREATMENT.
(a) In General.—The Secretary of Veterans Affairs (in this
section referred to as the “Secretary”) shall establish a
grant program (to be known as the “TBI Innovation Grant
Program”) to award grants to eligible entities for the
development, implementation, and evaluation of approaches and
methodologies for prospective randomized control trials for
neurorehabilitation treatments for chronic mild traumatic
brain injury (in this section referred to as “mTBI”) in
veterans.
(b) Duration.—The authority of the Secretary to carry out
the grant program under this section shall terminate at the
end of the three-year period beginning on the date of the
enactment of this Act.
(c) Use of Funds.—An eligible entity in receipt of a grant
under this section shall use amounts awarded under such grant
to support activities that include—
(1) designing and testing novel or integrative treatments
for mTBI that prioritize patient-centered care, including
non-pharmacological therapies;
(2) conducting clinical studies and assessments to measure
the effectiveness of approaches—
(A) to improve mental health outcomes among veterans;
(B) to reduce suicidality and common risk factors for
completing suicide among veterans, including depression and
substance use disorders; and
(C) to mitigate long-term effects of mTBI;
(3) providing training for clinicians and outreach to
veterans and their families to improve awareness and
accessibility of innovative mTBI treatments; and
(4) establishing partnerships with community organizations,
academic institutions, and health care facilities of the
Department of Veterans Affairs (in this section referred to
as the “Department”) to implement and evaluate best
practices.
(d) Limitation on Grant Amount.—The Secretary may not
award an eligible entity a grant under this section in an
amount that exceeds $5,000,000 per fiscal year.
(e) Priority.—In awarding grants under this section, the
Secretary shall give priority to eligible entities that the
Secretary determines have demonstrated experience in
delivering or researching effective treatments for mTBI.
(f) Program Administration.—
(1) Applications.—An eligible entity desiring a grant
under this section shall submit to the Secretary an
application therefor in such form, at such time, and
containing such information and assurances as the Secretary
determines appropriate, including a detailed description of—
(A) proposed activities;
(B) expected outcomes; and
(C) plans for evaluating effectiveness.
(2) Periodic reports.—An eligible entity in receipt of a
grant under this section shall, not less frequently than
annually, submit to the Secretary a report that includes,
with respect to the period covered by the report—
(A) a description of how the eligible entity used amounts
provided under such grant;
(B) a summary of the progress of activities funded with
such amounts; and
(C) measured outcomes relating to such activities.
(3) Oversight; annual evaluations.—The Secretary shall—
(A) ensure rigorous oversight with respect to the grant
program under this section; and
(B) on an annual basis during the period in which the
authority to carry out the grant program is effective,
evaluate the efficacy of activities funded with amounts
provided under a grant awarded under such grant program.
(g) Coordination With Mental Health Services of Department
of Veterans Affairs.—The Secretary shall ensure that the
grant program under this section aligns with the Staff
Sergeant Parker Gordon Fox Suicide Prevention Grant Program
of the Department under section 201 of the Commander John
Scott Hannon Veterans Mental Health Care Improvement Act of
2019 (Public Law 116-171; 38 U.S.C. 1720F note)—
(1) to provide for cohesive and comprehensive support for
veterans with mTBI and associated mental health conditions;
and
(2) to increase research and development on integrated mTBI
and mental health interventions outside of the scope of
traditional pathways, interventions, programs, procedures,
and pharmaceuticals of the Department.
(h) Annual Review.—Not less frequently than annually
during the duration of the grant program under this section,
the Secretary shall review the effectiveness of such program
to determine the potential of such program for continuation
or expansion.
(i) Reports to Congress.—Not later than two years after
the date of the enactment of this Act, and not less
frequently than annually thereafter, the Secretary shall
submit to Congress a report that includes—
(1) the findings of the activities reported under
subsection (f)(2); and
(2) the recommendations of the Secretary with respect to
policy and programmatic improvements to services of the
Department to treat traumatic brain injuries among veterans.
(j) Regulations.—Not later than 180 days after the date of
the enactment of this Act,
the Secretary shall prescribe regulations to carry out this
section.
(k) Funding.—
(1) Available amounts.—The Secretary may carry out the
grant program under this section using amounts available to
the Secretary for general mental health care programs.
(2) Authorization of appropriations.—There are authorized
to be appropriated to the Secretary $30,000,000 for fiscal
years 2027 through 2029 to carry out the grant program under
this section, which shall remain available until expended.
(l) Definitions.—In this section:
(1) Eligible entity.—The term “eligible entity” means
any of the following:
(A) A nonprofit organization.
(B) An academic institution engaged in research with
respect to traumatic brain injury.
(C) A non-Department health care provider with expertise in
neurorehabilitative therapies.
(D) An entity the Secretary determines appropriate for an
award of a grant under this section.
(2) Treatment.—The term “treatment”, with respect to
traumatic brain injury, means clinical interventions,
therapeutic devices, or rehabilitation care provided directly
to a veteran with traumatic brain injury.
(3) Veteran.—The term “veteran” has the meaning given
that term in section 101 of title 38, United States Code.
SA 5875. Mr. McCORMICK (for himself and Mr. Hickenlooper) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. NATIONAL COMMISSION ON ROBOTICS.
(a) Establishment.—
(1) In general.—Not later than 30 days after the date of
the enactment of this Act, the Secretary shall establish an
independent commission to be known as the “Commission on
American Leadership in Robotics” (in this section referred
to as the “Commission”).
(2) Purpose.—The Commission shall—
(A) examine robotics as it pertains to interstate and
foreign commerce, economic competitiveness, and national
security; and
(B) make recommendations relating thereto to the
appropriate congressional committees.
(b) Membership.—
(1) Number and appointment.—The Commission shall be
composed of 18 members appointed as follows:
(A) Three members appointed by the Speaker of the House of
Representatives.
(B) Three members appointed by the Minority Leader of the
House of Representatives.
(C) Three members appointed by the Majority Leader of the
Senate.
(D) Three members appointed by the Minority Leader of the
Senate.
(E) Six members appointed by the President of the United
States.
(2) Deadline for appointment.—Members shall be appointed
to the Commission by not later than 45 days after the date on
which the Commission is established under subsection (a).
(3) Effect of lack of appointment by appointment date.—If
one or more appointments under paragraph (1) are not made by
the appointment date specified in paragraph (2), the
authority to make such appointment or appointments shall
expire, and the number of members of the Commission shall be
reduced to the number of appointments made to the Commission
as of that date.
(4) Qualifications.—Members of the Commission shall be
individuals who are recognized experts and have appropriate
professional experience in matters relating to any of the
following:
(A) Robotics.
(B) Applications, or potential applications, of robotics by
the private sector or public sector.
(C) Impacts of robotics on economic competitiveness,
including economics, international trade, or supply chain
analysis.
(c) Chair and Vice Chair.—
(1) Chair.—The Majority Leader of the Senate and the
Speaker of the House of Representatives shall jointly
designate one member of the Commission to serve as Chair of
the Commission.
(2) Vice chair.—The Minority Leader of the Senate and the
Minority Leader of the House of Representatives shall jointly
designate one member of the Commission to serve as Vice Chair
of the Commission.
(d) Period of Appointment and Vacancies.—
(1) Period of appointment.—Members shall be appointed for
the life of the Commission.
(2) Vacancies.—A vacancy in the Commission shall not
affect its powers and shall be filled in the same manner as
the original appointment was made.
(e) Scope and Duties.—
(1) In general.—The Commission shall carry out a review of
advances in robotics.
(2) Considerations.—In carrying out the review under
paragraph (1), the Commission shall consider the methods,
means, and policies necessary to advance the development of
robotics by the United States to comprehensively address the
economic competitiveness and national security needs of the
United States.
(3) Scope of the review.—In conducting the review under
paragraph (1), the Commission shall consider the following:
(A) The competitiveness of the United States in robotics,
including matters related to the domestic marketplace for
robotics and private sector and public sector applications of
robotics in the United States.
(B) Means and methods for the United States to assert and
maintain a technological advantage in robotics, specifically
in the deployment of robotics in industrial, retail, and
commercial sectors in the United States.
(C) International developments and trends, including
foreign actions and policies to advance robotics.
(D) Means by which to foster greater emphasis and
investments in robotics to stimulate strategic partnerships
in robotics with industry, the public, and academic
institutions, to the extent that such efforts have material
application related to economic competitiveness and
manufacturing.
(E) Workforce incentives and programs to attract and
recruit leading talent in robotics, including in associated
science, technology, engineering, and mathematics fields, to
the extent that such efforts relate to economic
competitiveness in robotics.
(F) The global and domestic supply chain for robotics,
including any supply chain risks or dependencies, and
policies to increase the manufacturing of robotics in the
United States.
(G) Any other matters the Commission determines appropriate
related to robotics.
(f) Commission Report and Recommendations.—
(1) Interim report.—Not later than one year after the date
on which the Commission is established under subsection (a),
the Commission shall submit to the appropriate congressional
committees and the President an interim report on the status
of the review by the Commission under subsection (e),
including a discussion of any interim recommendations.
(2) Final report.—Not later than two years after the date
on which the Commission is established under subsection (a),
the Commission shall submit to the appropriate congressional
committees and the President a final report on the findings
of the Commission and such recommendations as the Commission
may have for action by Congress and the Federal Government.
(g) Government Cooperation.—
(1) Cooperation.—In carrying out its duties under this
section, the Commission shall receive the full and timely
cooperation of the Secretary and the heads of other relevant
Federal departments and agencies in providing the Commission
with analysis, briefings, and other information necessary for
the fulfillment of such duties.
(2) Liaison.—The Secretary shall designate at least one
officer or employee of the Department to serve as a liaison
officer between the Secretary and the Commission.
(3) Detailees authorized.—The Secretary and the heads of
other relevant Federal departments and agencies may provide,
and the Commission may accept and employ, personnel detailed
from the Department and such other Federal departments and
agencies, as the case may be, without reimbursement.
(4) Facilitation of certain services.—
(A) Independent, nongovernmental institute.—Not later than
45 days after the date on which the Commission is established
under subsection (a), the Secretary may make available to the
Commission the services of an independent, nongovernmental
institute described in section 501(c)(3) of the Internal
Revenue Code of 1986, and exempt from tax under section
501(a) of such Code, that has recognized credentials and
expertise in economic competitiveness and technology in order
to facilitate the discharge of the duties of the Commission
under this section.
(B) Federally funded research and development center.—On
request of the Commission, the Secretary shall make available
to the Commission the services of a federally funded research
and development center that is covered by a sponsoring
agreement of the Department in order to enhance the efforts
of the Commission to discharge its duties under this section.
(5) Other services.—
(A) In general.—The Secretary may provide to the
Commission, on a nonreimbursable basis, such administrative
services, funds, staff, facilities, and other support
services as are necessary for the discharge of the duties of
the Commission under this section.
(B) Other agencies.—In addition to any support provided
under subparagraph (A), the heads of other relevant Federal
departments and agencies may provide to the Commission such
services, funds, facilities, staff, and other support as such
heads determine advisable and as may be authorized by law.
(h) Staff.—
(1) Status as federal employees.—Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection
(a)(3) of such section, a member of the Commission shall be
considered to be a Federal employee.
(2) Executive director.—The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(3) Pay.—The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance
with section 3161(d) of title 5, United States Code.
(i) Personal Services.—
(1) Authority to procure.—The Commission may—
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.—The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not
exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(j) Authority To Accept Gifts.—
(1) In general.—The Commission may accept, use, and
dispose of gifts or donations of services, goods, and
property from non-Federal entities for the purposes of aiding
and facilitating the work of the Commission.
(2) Exclusion of money.—The authority under paragraph (1)
does not extend to gifts of money.
(3) Documentation and conflicts.—Gifts accepted under the
authority under paragraph (1) shall be documented, and
conflicts of interest or the appearance of conflicts of
interest shall be avoided.
(4) Application of rules.—Subject to the authority in this
section, members of the Commission shall otherwise comply
with rules set forth by the Select Committee on Ethics of the
Senate and the Committee on Ethics of the House of
Representatives governing employees of the Senate and the
House of Representatives, respectively.
(k) Legislative Advisory Committee.—The Commission shall
operate as a legislative advisory committee.
(l) Contracting Authority.—The Commission may acquire such
administrative supplies and equipment as necessary for
Commission use to the extent funds are available.
(m) Use of Federal Government Information.—The Commission
may secure directly from any Federal department or agency
such information as the Commission considers necessary to
discharge its duties. Upon such request of the Chair of the
Commission, the head of such Federal department or agency
shall furnish such information to the Commission.
(n) Postal Services.—The Commission may use the United
States mail in the same manner and under the same conditions
as Federal departments and agencies.
(o) Space for Use of Commission.—
(1) In general.—Not later than 30 days after the date on
which the Commission is established under subsection (a), the
Administrator of General Services, in consultation with the
Commission, shall identify and make available suitable excess
space within the Federal space inventory to house the
operations of the Commission.
(2) Lease.—If the Administrator is not able to make
suitable excess space available within the 30-day period
under paragraph (1), the Commission may lease space to the
extent funds are available.
(p) Removal of Members.—
(1) In general.—A member may be removed from the
Commission for cause by the individual serving in the
position responsible for the original appointment of such
member under subsection (b)(1), if notice has first been
provided to such member of the cause for such removal and
such removal is voted and agreed upon by \3/4\ of the members
serving.
(2) Vacancy.—A vacancy created by removal under paragraph
(1) shall not affect the powers of the Commission, and shall
be filled in the same manner as the original appointment was
made.
(q) Termination.—The Commission shall terminate 18 months
after the date on which the Commission submits the final
report required under subsection (f)(2).
(r) Definitions.—In this section:
(1) Appropriate congressional committees.—The term
“appropriate congressional committees” means the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives.
(2) Department.—The term “Department” means the
Department of Commerce.
(3) Robotics.—The term “robotics” includes each of the
following:
(A) Programmable multifunctional mechanical devices
designed to move material, parts, tools, or specialized
devices through variable programmed motions to perform a
variety of tasks.
(B) Programmed actuated mechanisms with a degree of
autonomy to perform locomotion, manipulation, or positioning.
(C) Automatically controlled, reprogrammable, multipurpose
manipulators, programmable in three or more axes, which can
be either fixed in place or fixed to a mobile platform for
use in automation applications in an industrial environment.
(D) Machines that—
(i) can sense their environment;
(ii) have the capacity to process the information they
sense; and
(iii) are organized to act directly upon their environment.
(E) Mechanical devices that are capable of locomotion,
navigation, or movement on the ground, and operate 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 that may also be referred to as
“unmanned ground vehicle systems”.
(4) Secretary.—The term “Secretary” means the Secretary
of Commerce.
SA 5876. Mr. McCORMICK (for himself and Ms. Rosen) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __—Unmanned System Command and Control Integration Assessment
SEC. __1. SHORT TITLE.
This subtitle may be cited as the “Unmanned System Command
and Control Integration Assessment Act of 2026”.
SEC. __2. ASSESSMENT OF UNMANNED SYSTEM COMMAND AND CONTROL
FRAMEWORKS.
(a) Assessment Required.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall, in
coordination with the Chairman of the Joint Chiefs of Staff,
the Under Secretary of Defense for Acquisition and
Sustainment, the Secretary of Defense for Research and
Engineering, the Chief Information Officer, Joint Interagency
Task Force 401, the Director of the Defense Information
Systems Agency, the Commander of Joint Interoperability Test
Command, and the Secretaries of the military departments,
commence a comprehensive assessment of open-architecture,
unmanned system command and control frameworks with
demonstrated operational effectiveness.
(b) Scope of Allied and Partner System Review.—The
assessment commenced under subsection (a) shall review each
of the following allied and partner country unmanned systems
command and control frameworks and may include such
additional frameworks as the Secretary determines
appropriate:
(1) Ukraine's Delta battlefield management and unmanned
aircraft systems coordination system, including an analysis
of its technical architecture, its operational effectiveness
in contested environments, the interoperability and
integration lessons learned from its deployment that are
applicable to United States Armed Forces unmanned aircraft
systems command and control operations, and its cybersecurity
resilience under active electronic warfare and cyber attack.
(2) Israel's Multiple Drone Operating System, including an
analysis of its technical architecture, its demonstrated
operational effectiveness in managing simultaneous civilian,
commercial, and military unmanned aircraft systems
operations, the interoperability and integration lessons
learned from its deployment that are applicable to United
States Armed Forces unmanned aircraft systems command and
control operations, and its cybersecurity and emergency
prioritization mechanisms.
(c) Elements of Assessment.—The assessment commenced under
subsection (a) shall address, at a minimum, each of the
following elements:
(1) Architectural analysis, including—
(A) a comparative analysis of the technical architectures
of the unmanned systems command and control frameworks
reviewed, including data formats, communication protocols,
interface standards, and software design approaches;
(B) an evaluation of the degree to which each framework
employs open-architecture and modular open-systems
architecture principles; and
(C) an identification of the architectural characteristics
most associated with operational effectiveness, adaptability,
and resilience in contested environments.
(2) Unmanned systems tier compatibility, including—
(A) an evaluation of each framework's capacity to manage
all unmanned systems within a single integrated command and
control environment;
(B) an identification of the technical and doctrinal
barriers to command and control interoperability across
unmanned systems s within a single framework; and
(C) a recommendation for the minimum capability
requirements a Department unmanned systems command and
control framework must meet to support effective employment
of unmanned systems across all in a joint operational
environment.
(3) Interoperability with existing Department systems,
including—
(A) a detailed assessment of the compatibility and
interoperability requirements for
integrating an open-architecture unmanned system command and
control framework with current and future Department command
and control modernization, as designated by the Secretary at
the time of the assessment;
(B) an identification of the interface standards, data
translation requirements, and technical integration pathways
that would be necessary to achieve such interoperability; and
(C) an assessment of the risks associated with integration,
including cybersecurity risks arising from connecting an
open-architecture system to existing classified networks.
(4) Cybersecurity and future-proofing, including—
(A) an assessment of the cybersecurity posture of each
framework reviewed, including its resilience to electronic
warfare, Global Positioning System denial, communications
jamming, and software-based cyber attack in active contested
environments;
(B) a recommendation for a cybersecurity standards
framework or updates to the Risk Management Framework of the
National Institute of Standards and Technology applicable to
a Department unmanned system command and control system
that—
(i) is based on the Cybersecurity Framework 2.0, published
by the National Institute of Standards and Technology, and
applicable special publications of the Institute, and is
designed to incorporate updated guidance from the Institute
without requiring legislative action;
(ii) incorporates a comprehensive supply chain risk
management strategy;
(iii) implements robust data-centric security controls,
including end-to-end data encryption, data tagging for
automated policy enforcement, and accredited cross-domain
solutions to prevent compromise between classification levels
and to enable secure data interoperability with mission
partners;
(iv) establishes vulnerability disclosure and patch
management standards enabling timely response to newly
identified threats without requiring system-wide redesign;
and
(v) specifies a recurring review cycle of not less than
once every 18 months to update cybersecurity standards as the
National Institute of Standards and Technology and other
relevant standards bodies publish new guidance, without
requiring legislative action; and
(vi) mandates alignment with Zero Trust Architecture (ZTA),
ensuring all data, applications, assets, and services are
managed with the assumption that the network is already
compromised;
(C) an assessment of how the architecture of the framework
can accommodate future unmanned systems technologies,
including autonomous systems, artificial intelligence-enabled
targeting and deconfliction, swarming capabilities, and
beyond-visual-line-of-sight operations, without requiring
full system replacement; and
(D) a recommended technology refresh cycle and associated
governance process for keeping a Department unmanned system
command and control framework current with advancing
technology and evolving threats.
(5) Tactical adaptability and field-level flexibility,
including—
(A) an assessment of the mechanisms within each framework
reviewed that enable tactical-level operators and commanders
to modify, adapt, or extend command and control functionality
without depending on centralized software updates or
acquisition processes, drawing on documented examples from
the conflict in Ukraine where unmanned aircraft systems
tactics evolved within weeks in response to adversary
countermeasures;
(B) a recommended design approach for a Department
framework that preserves appropriate security and safety
controls while enabling tactical-level customization,
including through the use of application programming
interfaces, modular software components, and operator-
accessible configuration tools; and
(C) an assessment of the doctrinal, training, and
organizational changes required to enable and sustain field-
level innovation within a structured command and control
architecture.
(6) Classification and technology transfer, including—
(A) an assessment of the classification implications of a
Department unmanned system command and control framework,
including recommendations for which components may operate at
unclassified levels to maximize interoperability with allied
and commercial systems, and which must be classified;
(B) an assessment of the technology transfer and foreign
military sales implications of the frameworks reviewed,
including intellectual property and national security
considerations associated with adopting or adapting systems
developed by or with foreign partners; and
(C) recommendations for information-sharing arrangements
with other United States Government organizations, allies,
and partner nations that would facilitate ongoing exchange of
unmanned systems command and control lessons learned and
technical standards.
(7) Implementation roadmap, including—
(A) a recommended phased implementation approach for
developing and fielding a Department unmanned system command
and control framework, including recommended near-term pilot
programs or exercises that could demonstrate technical
feasibility and operational utility;
(B) an estimate of the resources, including funding,
personnel, and acquisition authorities, required to develop
and field the recommended framework; and
(C) an identification of existing Department programs,
platforms, and acquisition vehicles that could serve as the
basis for or be accelerated by an unmanned system command and
control capability.
SEC. __3. INDEPENDENT ADVISORY PANEL.
(a) Establishment.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall establish
an independent advisory panel (in this section referred to as
the “Panel”) to provide independent review and technical
guidance to the assessment required under section __2.
(b) Composition.—The Panel shall consist of not fewer than
10 and not more than 15 members appointed by the Secretary,
including—
(1) not fewer than two individuals who have direct
operational experience in unmanned aircraft systems
employment in a joint or combined military environment;
(2) not fewer than two individuals who have technical
expertise in open-architecture software systems, modular
systems design, or command and control software architecture;
(3) not fewer than two individuals who have expertise in
cybersecurity, including experience with operational
technology cybersecurity in contested environments;
(4) at least three individuals who have expertise in
unmanned aircraft systems command and control operations,
doctrine, or command and control from an allied or partner
country with significant unmanned aircraft systems
operational experience, appointed in coordination with
relevant allied or partner country authorities;
(5) at least one individual with experience in unmanned
aircraft system (UAS) traffic management in the National
Airspace System; and
(6) such additional members as the Secretary determines
appropriate, which may include representatives from the
defense industrial base, federally funded research and
development centers, academic institutions with relevant
expertise, and the Department of Defense test and evaluation
community to ensure early consideration to interoperability,
testability, and certification requirements.
(c) Limit on Active Government Employees.—Not more than
two-thirds of the members of the Panel may be a full-time
officer or employee of the United States Government.
(d) Duties.—The Panel shall provide written assessments
and recommendations on each element of the assessment
described in section __2(c) and shall have the opportunity to
review and comment on draft findings before finalization.
(e) Termination.—The Panel shall terminate on the date
that is 90 days after the date of the submittal of the final
report required under section __4(b).
(f) Compensation.—Members of the Panel who are not full-
time officers or employees of the United States Government
shall be compensated at a daily rate equal to the daily
equivalent of the annual rate of basic pay for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day they are engaged in the performance
of Panel duties and shall be allowed travel expenses as
authorized under section 5703 of title 5, United States Code.
SEC. __ __4. REPORTS TO CONGRESS.—
(a) Interim Report.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees an interim report on the
status of the assessment required under section __2, which
shall include—
(1) an identification of any additional allied and partner
country frameworks selected for review and analysis beyond
those specified in section __2(b);
(2) a summary of findings from the architectural analysis
required under section __2(c)(1);
(3) a preliminary assessment of interoperability
requirements under section __2(c)(3); and
(4) any significant findings or challenges identified to
date.
(b) Final 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 final report
containing the complete findings and recommendations of the
Secretary with respect to the assessment required under
section __2. The final report shall include—
(1) a determination as to whether the development of a
Department unmanned system command and control framework
based on open-architecture principles is feasible,
operationally necessary, and cost-effective;
(2) if the determination under paragraph (1) is
affirmative, a recommended framework architecture, phased
implementation roadmap, and legislative or regulatory actions
required to proceed;
(3) if the determination under paragraph (1) is negative or
qualified, a description of the specific barriers identified
and recommendations for addressing them; and
(4) a classified annex, as appropriate, containing any
elements that the Secretary determines must be protected from
public disclosure for national security reasons.
(c) Form.—Reports required under this section shall be
submitted in unclassified form, but may include a classified
annex. Unclassified portions shall be made publicly available
on the Department public website not later than 30 days after
submission.
(d) Annual Update.—For a period of five years following
submission of the final report under subsection (b), the
Secretary shall submit to the congressional defense
committees, as part of the annual budget justification
materials submitted to Congress in support of the budget of
the Department (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code), an
update describing—
(1) actions taken by the Department in response to the
recommendations of the Secretary contained in the final
report;
(2) material changes in allied or partner country unmanned
systems command and control frameworks or practices relevant
to the assessment's conclusions;
(3) emerging unmanned systems technologies or cybersecurity
threats that would materially affect the recommended
framework architecture; and
(4) the status of any pilot programs, exercises, or
acquisition activities initiated pursuant to the
recommendations of the Secretary contained in the final
report.
SEC. __5. CYBERSECURITY STANDARDS FOR ANY RECOMMENDED
FRAMEWORK.
(a) Requirements.—Any unmanned system command and control
framework recommended in the final report required under
section __4(b), and any system developed or procured pursuant
to such a recommendation, shall—
(1) employ a modular open systems architecture that permits
individual software and hardware components to be updated,
replaced, or patched in response to identified cybersecurity
vulnerabilities without requiring redesign of the system as a
whole;
(2) apply a supply chain risk management framework
throughout the asset's and component's lifecycles;
(3) comply with the most current version of the
Cybersecurity Framework 2.0 published by the National
Institute of Standards and Technology and applicable special
publications of the Institute, as updated from time to time,
without requiring amendment of this Act to conform to new
guidance;
(4) include a documented vulnerability disclosure policy
and a process for receiving, triaging, and patching reported
vulnerabilities within defined response time standards
established by the Secretary; and
(5) undergo penetration testing by a National Security
Agency-certified red team not less frequently than once every
two years following initial fielding, with findings reported
to the Principal Cyber Advisor and, in summary form, to the
congressional defense committees.
(b) Exclusion of Covered Foreign Entities.—No software,
hardware, or service produced, provided, or operated by an
entity on the Federal Communications Commission Covered List
established under section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601), or on
the Department of Defense Covered Foreign Entity list
maintained pursuant to section 4872 of title 10, United
States Code, may be incorporated into any unmanned system
command and control framework developed, procured, or fielded
pursuant to this Act.
(c) Living Standards Process.—The Secretary shall, in
coordination with the Director of the National Security
Agency, the Director of the Cybersecurity and Infrastructure
Security Agency, and the Chief Information Officer of the
Department, establish a process for reviewing and updating
the cybersecurity standards applicable to a framework
developed pursuant to this Act on a recurring basis of not
less than once every 18 months, to ensure such standards
remain current with the evolving threat environment and
applicable Federal standards without requiring legislative
action.
SEC. __6. COORDINATION WITH EXISTING DEPARTMENT OF DEFENSE
PROGRAMS.
(a) Required Coordination.—In conducting the assessment
required under section __2, the Secretary shall ensure that
the unmanned system command and control framework under
consideration is assessed for compatibility with all current
Department command and control modernization programs of
record, as designated by the Secretary at the time of the
assessment. The Secretary shall update this assessment as the
portfolio of such programs evolves, ensuring that
recommendations remain current with the Department's command
and control modernization activities regardless of changes in
program names, structures, or priorities.
(b) Avoidance of Duplication.—In developing
recommendations under section __2, the Secretary shall assess
whether existing programs of record identified under
subsection (a) can be extended or adapted to provide the
unmanned system command and control capability described in
this Act without developing a wholly new system and shall
include in the final report a determination as to whether
such extension or adaptation is technically feasible and
operationally preferable.
(c) Domestic Unmanned Aircraft Systems Industrial Base
Compatibility.—The Secretary shall ensure that the
assessment and any recommended framework account for the
domestic small unmanned aircraft systems industrial base
remediation efforts undertaken pursuant to section 914 of the
National Defense Authorization Act for Fiscal Year 2026 (10
U.S.C. 4811 note), including ensuring that unmanned aircraft
systems platforms produced through those programs are
compatible with any recommended command and control
framework.
SEC. __7. SHARING OF FINDINGS WITH THE FEDERAL AVIATION
ADMINISTRATION.
(a) Transmission of Findings.—Not later than the date that
is 30 days after the date of the submittal of the final
report under section __4(b), the Secretary shall transmit to
the Administrator of the Federal Aviation Administration an
unclassified summary of the findings and recommendations
included in the report, with particular attention to findings
regarding—
(1) open architecture and modular design principles
applicable to unmanned system command and control systems;
(2) cybersecurity standards and frameworks evaluated or
recommended for Department unmanned aircraft systems command
and control systems that may have applicability to civil
unmanned aircraft systems traffic management infrastructure;
(3) technical standards and interface specifications that
could support interoperability between military and civil
unmanned aircraft systems operations in shared airspace; and
(4) lessons learned from systems of allied and partner
countries of the United States, regarding the integration of
military, commercial, and civil unmanned aircraft systems
operations within a unified airspace management framework.
(b) Purpose.—The purpose of subsection (a) is to inform
any Federal Aviation Administration planning, rulemaking, or
feasibility assessment related to civil unmanned aircraft
system traffic management, beyond visual line of sight
operations, or national airspace integration, including any
activities undertaken pursuant to a feasibility assessment
directed by Congress regarding a national unmanned aircraft
systems traffic management system. Nothing in this section
shall be construed to require the Secretary to disclose any
classified information to the Administrator.
(c) Federal Aviation Administration Response.—Not later
than the date that is 180 days after the date on which the
Administrator receives the summary transmitted under
subsection (a), the Administrator shall submit to the
congressional defense committees, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives a written assessment of the relevance of such
findings to Federal Aviation Administration civil unmanned
aircraft systems airspace integration activities and any
actions the Federal Aviation Administration intends to take
in response.
SEC. __8. FUNDING.
Amounts obligated or expended by the Secretary to carry out
this subtitle shall be derived from amounts appropriated to
the Department for research, development, test, and
evaluation.
SEC. __9. DEFINITIONS.
In this subtitle:
(1) Command and control framework.—The term “command and
control framework” means the software architecture,
communications protocols, data standards, interface
specifications, and associated hardware that together enable
an operator or commander to task, direct, monitor, and
receive data from one or more unmanned aircraft systems.
(2) Congressional defense committees.—The term
“congressional defense committees” has the meaning given
that term in section 101(a) of title 10, United States Code.
(3) Department.—The term “Department” means the
Department of Defense.
(4) Modular open systems architecture.—The term “modular
open systems architecture” has the meaning given to that
term in section 4401(c) of title 10, United States Code, and
means a design approach in which key interfaces are defined
by widely supported and consensus-based standards, enabling
components to be added, modified, replaced, or removed with
minimal impact to the remainder of the system.
(5) Open architecture.—The term “open architecture”
means a system design based on published, consensus-developed
interface standards that permit systems from multiple vendors
to interoperate, and that permits components to be updated,
replaced, or added without redesign of the system as a whole.
(6) Secretary.—The term “Secretary” means the Secretary
of Defense, unless otherwise specified.
SA 5877. Mr. McCORMICK (for himself and Mr. Kelly) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title X, insert
the following:
SEC. __. 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.
SA 5878. Mr. McCORMICK (for himself, Ms. Warren, and Mr. Coons) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1230. IMPOSITION OF SANCTIONS WITH RESPECT TO TRADE IN
RUSSIAN ORIGIN PETROLEUM PRODUCTS.
(a) In General.—Beginning on the date that is 90 days
after the date of the enactment of this Act, the President
shall impose the sanctions described in subsection (b) with
respect to any foreign person that the Secretary of the
Treasury, in consultation with the Secretary of State,
determines—
(1) is responsible for or complicit in, or has directly or
indirectly engaged or attempted to engage in, the purchase or
importation into any country of crude oil or petroleum
products of Russian Federation origin;
(2) has knowingly facilitated financial transactions
related to an activity described in paragraph (1);
(3) has materially assisted, sponsored, or provided
material support for any activity described in paragraph (1)
or (2) by any person with respect to which sanctions have
been imposed under paragraph (1) or (2); or
(4) is or has been a chief executive officer or member of
the board of directors of any entity described in any of
paragraphs (1) through (3).
(b) Sanctions Described.—The sanctions described in this
subsection are the exercise all of the 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 property and interests in
property of a 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.
(c) Permissible Exception Frameworks.—
(1) In general.—The President may apply not more than 2 of
the types of exceptions described in paragraph (2) with
respect to the application of sanctions under subsection (a).
(2) Exceptions described.—
(A) Exception for countries that isolate russian funds and
reduce purchases.—
(i) In general.—The President may apply an exception to
the application of sanctions under subsection (a) with
respect to the purchase or importation into a country of
crude oil or petroleum products of Russian Federation origin
if the President determines that—
(I) any funds owed by the government of that country or
persons of that country to the Russian Federation or to the
sellers of crude oil or petroleum products of Russian
Federation origin as a result of the purchase or importation
will be—
(aa) credited to an account located in that country; and
(bb) used only to facilitate transactions in agricultural
commodities, food, medicine, or medical devices between the
Russian Federation and the country; and
(II) the government of the country has committed to
significantly reduce its purchases of crude oil and petroleum
products of Russian Federation origin.
(ii) Renewal required.—The authority to apply the
exception under clause (i) shall expire if the President does
not certify, not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, that—
(I) the country has significantly reduced its volume of
purchases of crude oil and petroleum products of Russian
Federation origin during the preceding 180-day period; or
(II) the price and supply of crude oil and petroleum
products produced in countries other than the Russian
Federation is not sufficient to permit purchasers of crude
oil and petroleum products of Russian Federation origin to
reduce significantly in volume their purchases from the
Russian Federation.
(iii) Sanctions for misuse of account.—Any foreign person
responsible for or complicit in, or that has directly or
indirectly engaged or attempted to engage in, transactions
reliant on the funds in an account described in clause (i)(I)
for any purpose other than to facilitate transactions in
agricultural commodities, food, medicine, or medical devices
between the Russian Federation and the country in which the
account is located shall be subject to the sanctions
described in subsection (b).
(B) Exception for deposits into account to support
ukraine.—
(i) In general.—The President may apply an exception to
the application of sanctions under subsection (a) with
respect to the purchase or importation into a country of
crude oil or petroleum products of Russian Federation origin
if a payment per barrel of such crude oil or petroleum
products has been deposited into an account that the
President has established for the benefit of Ukraine (which
may include an account established under section 104 of the
Rebuilding Economic Prosperity and Opportunity for Ukrainians
Act (division F of Public Law 118-50; 22 U.S.C. 9521 note)).
(ii) Guidance.—The President may issue guidance and
develop implementation tools that assist private sector
entities in verifying that the payments described in clause
(i) corresponding to specific purchases have been deposited
in the account described in that clause.
(iii) Use of funds.—
(I) In general.—The funds in an account established as
described in clause (i) shall be available only for—
(aa) the purposes specified in section 104(f) of the
Rebuilding Economic Prosperity and Opportunity for Ukrainians
Act (division F of Public Law 118-50; 22 U.S.C. 9521 note);
and
(bb) funding the purchase by the Government of Ukraine of
defense articles for Ukraine to employ in response to Russian
Federation aggression.
(II) Timely disbursement.—A significant proportion of
funds in an account established as described in clause (i)
shall be disbursed not less frequently than every 90 days for
the purposes described in subclause (I).
(iv) Limitations on transfers and expenditures of funds.—
(I) Notification of transfers.—
(aa) In general.—The Secretary of State shall notify the
appropriate congressional committees not fewer than 15 days
before transferring any funds from an account established as
described in clause (i) to any other account for the purposes
described in clause (iii) or otherwise expending any of such
funds for such purposes.
(bb) Elements.—A notification under item (aa) shall
specify—
(AA) the amount of funds to be transferred or expended;
(BB) the specific purpose for which the funds are
transferred or expended; and
(CC) the recipient of those funds.
(II) Certification of transparency and accountability.—No
funds may be transferred or otherwise expended from an
account established as described in clause (i) unless the
President submits to the appropriate congressional committees
in writing a certification that a plan exists to ensure
transparency and accountability for all funds transferred
into and expended from any account receiving the funds.
(III) Joint resolution of disapproval.—No funds may be
transferred or expended pursuant to this clause if, within 15
days of receipt of the notification under subclause (I), a
joint resolution is enacted into law prohibiting such
transfer.
(C) Exception for countries supporting ukraine.—
(i) In general.—The President may apply an exception to
the application of sanctions under subsection (a) with
respect to the purchase or importation into any country of
crude oil or petroleum products of Russian Federation origin
if the President determines and certifies in writing to the
appropriate congressional committees that the government of
that country is providing significant economic, humanitarian,
or military support to the Government of Ukraine.
(ii) Renewal required.—The authority to apply the
exception under clause (i) with respect to a country shall
expire if the President does not certify, not later than 180
days after the date of the enactment of this Act, and every
180 days thereafter, that the government of the country is
providing significant economic, humanitarian, or military
support to the Government of Ukraine.
(D) Temporary port-specific exceptions.—
(i) In general.—During the period beginning on the date of
the enactment of this Act
and ending on the date that is 270 days after such date of
enactment, the President may apply an exception to the
application of sanctions under subsection (a) for the
purchase or the importation into any country of crude oil or
petroleum products of Russian Federation exported from
specific Russian Federation ports if the President submits to
the appropriate congressional committees a report providing a
justification for the exception.
(ii) Limitation.—An exception applied under clause (i) may
not cover, at any time, ports that are estimated to have
cumulatively accounted for more than half of the oil export
capacity of the Russian Federation in 2025.
(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 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 under this
section, or any 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) Rulemaking.—
(1) In general.—The President may prescribe such
regulations as may be necessary to carry out this section
(which may include regulatory exceptions), including under
section 205 of the International Emergency Economic Powers
Act (50 U.S.C. 1704).
(2) Rule of construction.—Nothing in this section may be
construed to limit the authority of the President pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.).
(f) Exception Relating to Importation of Goods.—
(1) In general.—A requirement to block and prohibit all
transactions in all property and interests in property under
this section shall not include the authority or a requirement
to impose sanctions on the importation of goods.
(2) Good.—In this subsection, the term “good” means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test
equipment, and excluding technical data.
(g) Sunset.—The provisions of this section, and any
sanctions imposed under this section, shall terminate on the
date that is 5 years after the date of the enactment of this
Act.
(h) Definitions.—In this section:
(1) 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).
(2) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Defense article.—The term “defense article” has the
meaning given that term in section 47 of the Arms Export
Control Act (22 U.S.C. 2794).
(4) Foreign person.—The term “foreign person” means an
individual or entity that is not a United States person.
(5) Knowingly.—The term “knowingly”, with respect to
conduct, a circumstance, or a result, means that a person had
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) 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).
(7) 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).
(8) 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.
SA 5879. Mr. McCORMICK (for himself, Ms. Smith, Mr. Tillis, and Mr. Gallego) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . 7-YEAR EXTENSION OF TERRORISM RISK INSURANCE
PROGRAM.
(a) Termination Date.—Section 108(a) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by
striking “2027” and inserting “2034”.
(b) Timing of Mandatory Recoupment.—Section
103(e)(7)(E)(i) of the Terrorism Risk Insurance Act of 2002
(15 U.S.C. 6701 note) is amended—
(1) in subclause (I)—
(A) by striking “2022” and inserting “2029”; and
(B) by striking “2024” and inserting “2031”;
(2) in subclause (II)—
(A) by striking “2023” and inserting “2030”;
(B) by striking “2029” and inserting “2036”; and
(C) by striking “2024” and inserting “2031”; and
(3) in subclause (III)—
(A) by striking “2029” and inserting “2036”; and
(B) by striking “2024” and inserting “2031”.
SA 5880. Mr. McCORMICK (for himself and Mr. Hagerty) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII—COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES
SEC. 1701. SHORT TITLE.
This subtitle may be cited as the “CFIUS Modernization Act
of 2026”.
SEC. 1702. STRENGTHENING AUTHORITIES AND PROCESSES OF
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
STATES.
(a) Revision of Term “Urbanized Areas”.—Section
721(a)(4)(C)(i)(II) of the Defense Production Act of 1950 (50
U.S.C. 4565(a)(4)(C)(i)(II)) is amended by striking “real
estate in `urbanized areas' ” and inserting “real estate in
an `urban area' or any equivalent term or terms”.
(b) Amendment to the Definition of “Critical
Technologies”.—Section 721(a)(6)(A) of the Defense
Production Act of 1950 (50 U.S.C. 4565(a)(6)(A) is amended by
adding at the end the following:
“(vii) Other technologies designated by the chairperson,
in consultation with the Director of the Office of Science
and Technology Policy and other members of the Committee,
from the areas identified on the Critical and Emerging
Technologies List published by the National Science and
Technology Council.”.
(c) Removal of 5-page Limitation for Declarations.—Section
721(b)(1)(C)(v)(II) of the Defense Production Act of 1950 (50
U.S.C. 4565(b)(1)(C)(v)(II)) is amended by striking “that
would not generally exceed 5 pages in length”.
(d) Alignment of Timing of Committee Action With Respect to
Declarations and Notices.—Section 721(b)(1)(C)(v)(III)(bb)
of the Defense Production Act of 1950 (50 U.S.C.
4565(b)(1)(C)(v)(III)(bb)) is amended by striking
“receiving” and inserting “accepting”.
(e) Authorization to Require Mandatory Declarations for
Critical Infrastructure Transactions.—Section
721(b)(1)(C)(v)(IV)(cc) of the Defense Production Act of 1950
(50 U.S.C. 4565(b)(1)(C)(v)(IV)(cc)) is amended by striking
“subsection (a)(4)(B)(iii)(II)” and inserting “subclause
(I) or (II) of subsection (a)(4)(B)(iii)”.
(f) Stipulations Regarding Non-notified or Non-declared
Transactions.—Section 721(b)(1)(C)(vi)(I) of the Defense
Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(vi)(I)) is
amended, in the matter preceding item (aa), by inserting “,
or in connection with a non-notified or non-declared
transaction identified under subparagraph (H)” after “with
respect to a transaction”.
(g) Determination Regarding Investigations for Foreign
Government-controlled Transactions.—Section 721(b)(2)(D)(ii)
of the Defense Production Act of 1950 (50 U.S.C.
4565(b)(2)(D)(ii)) is amended by striking “to any person”
and all that follows and inserting “below the level of the
Assistant Secretary of the Treasury or an equivalent official
of the lead agency, respectively.”.
(h) Modification of Tolling of Deadlines During a Lapse in
Appropriations.—Section 721(b) of the Defense Production Act
of 1950 (50 U.S.C. 4565(b)) is amended by striking paragraph
(8) and inserting the following:
“(8) Tolling of deadlines during lapse in
appropriations.—Any deadline or time limitation imposed on
the Committee or to which the Committee is subject under this
section, regulations implementing this section, or any
agreement or condition entered into or imposed under this
section, shall be tolled during a lapse in appropriations.”.
(i) Revision of Confidentiality Requirements to Enhance
Cooperation on National Security With Allies and Partners of
the United States and Authorize Disclosure of Enforcement
Information.—Section 721(c) of the Defense Production Act of
1950 (50 U.S.C. 4565(c)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by inserting “domestic or
foreign” before “administrative”;
(B) in subparagraph (C), by striking “, or to any foreign
governmental entity of a United States ally or partner,” ;
(C) by redesignating subparagraph (D) as subparagraph (E);
and
(D) by inserting after subparagraph (C), the following:
“(D) Information important to the national security
analysis or actions of the Committee or any foreign
governmental entity of a United States ally or partner, to
such ally or partner, under the exclusive direction and
authorization of the chairperson, only to the extent
necessary for national security purposes, and subject to
appropriate confidentiality and classification
requirements.”; and
(E) by inserting after subparagraph (E) the following:
“(F) Information describing the outcome of a concluded
enforcement action (including any final or settled penalty)
under this section, including the identity of any party to,
and a description of the circumstances that resulted in, such
action, when disclosed by the chairperson.”; and
(2) in paragraph (3)(A), by striking “paragraph (2)(C)”
and inserting “paragraph (2)(D)”.
(j) Clarification of Authority to Prohibit Real Estate
Transactions.—Section 721(d)(4)(A) of the Defense Production
Act of 1950 (50 U.S.C. 4565(d)(4)(A)) is amended by inserting
“or obtain an interest in real estate in the United States”
after “a United States business or its assets”.
(k) Technical Corrections.—Section 721 of the Defense
Production Act of 1950 (50 U.S.C. 4565) is amended—
(1) in subsection (b)(1)(C)(v)(IV)(gg), by striking
“subsection (h)(3)” and inserting “subsection (h)(2)”;
and
(2) in subsection (l)(6)(D), by striking “subsection
(h)(3)” and inserting “subsection (h)(2)”.
(l) Interim Measures for Proposed, Pending, or Completed
Covered Transactions.—Section 721(l)(3)(A)(iii) of the
Defense Production Act of 1950 (50 U.S.C. 4565(l)(3)(A)(iii))
is amended—
(1) in the clause heading, by striking “Agreements and
conditions relating to completed transactions” and inserting
“Interim measures”; and
(2) by striking “completed covered transaction” and
inserting “proposed, pending, or completed covered
transaction”.
(m) Appropriations for Committee.—Section 721(p)(2) of the
Defense Production Act of 1950 (50 U.S.C. 4565(p)(2)) is
amended by striking “through 2023” and inserting “through
2030”.
SEC. 1703. KNOWN INVESTOR PROGRAM.
(a) In General.—Section 721 of the Defense Production Act
of 1950 ( 50 U.S.C. 4565) is amended by adding at the end the
following:
“(r) Known Investor Program.—
“(1) In general.—The chairperson may establish a program,
to be known as the `Known Investor Program', under which—
“(A) a foreign person may voluntarily provide information
to the Committee in advance of filing a notice under clause
(i) of subsection (b)(1)(C) or a declaration under clause (v)
of that subsection with respect to a transaction; and
“(B) the Committee may, for foreign persons that have
provided information under subparagraph (A)—
“(i) limit the applicability of the requirement to submit
a mandatory declaration under subsection (b)(1)(C)(v)(IV);
and
“(ii) increase efficiencies in the process of submitting
notices and declarations.
“(2) Implementation authorities.—In carrying out the
Known Investor Program, the chairperson may—
“(A) identify the information required for the Committee
to consider a foreign person under the Known Investor
Program;
“(B) require certification and assurance for the
information provided in advance of filing a notice or
declaration, consistent with subsection (n);
“(C) allocate personnel and resources to support the Known
Investor Program; and
“(D) make such adjustments to the requirements or process
for filing notices and declarations as the chairperson
considers appropriate.
“(3) Fees.—
“(A) In general.—The Committee may assess and collect,
from each foreign person considered under the Known Investor
Program, a fee to be deposited into the Committee on Foreign
Investment in the United States Fund established under
subsection (p).
“(B) Terms and conditions.—A fee assessed and collected
under subparagraph (A) shall be subject to the same terms and
conditions as a fee assessed and collected under subsection
(p)(3).
“(4) Cooperation of other agencies.—Upon request from the
chairperson, the head of a Federal agency shall provide
support and cooperation to the chairperson to carry out the
Known Investor Program.”.
(b) Regulations.—The Committee on Foreign Investment in
the United States shall prescribe such regulations as are
necessary to implement the Known Investor Program under
subsection (r) of section 721 of the Defense Production Act
of 1950, as added by subsection (a), including regulations—
(1) providing for the application of the requirements of
subsection (c) of such section 721 with respect to
information provided to the Committee under the Program; and
(2) expressly providing for the application of section 1001
of title 18, United States Code, to all information provided
to the Committee under the Program, in accordance with
subsection (n)(3) of such section 721.
SEC. 1704. PILOT PROGRAM TO COLLECT INFORMATION ON GREENFIELD
INVESTMENTS BY FOREIGN PERSONS IN STRATEGIC
SECTORS.
(a) In General.—The Secretary shall establish a pilot
program to require the submission to the Committee on Foreign
Investment in the United States of a short-form written
notification of any greenfield investment in the United
States by a foreign person in a strategic sector for the
purpose of collecting information on such investment.
(b) Duration of Pilot Program.—The pilot program required
by subsection (a) shall terminate on the date that is 2 years
after the date of the enactment of this Act.
(c) Treatment of Investments That Are Not Covered
Transactions.—In the case of a greenfield investment that is
not a covered transaction and with respect to which a
notification is submitted under the pilot program required by
subsection (a), the Committee—
(1) shall not review the investment under section 721(b) of
the Defense Production Act of 1950 (50 U.S.C. 4565(b)) as if
it were a covered transaction; and
(2) shall use the notification only to collect information
on greenfield investment in the United States.
(d) Exemption From Disclosure.—Except as provided in
regulations prescribed under subsection (e), any information
or documentary material filed with the Secretary or a
designee of the Secretary under the pilot program required by
subsection (a) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code, and no such
information or documentary material may be made public.
(e) Regulations.—In establishing the pilot program
required by subsection (a), the Secretary, in consultation
with the Committee, shall prescribe regulations in accordance
with section 553 of title 5, United States Code, that—
(1) establish the scope of the pilot program;
(2) define relevant terms, including “greenfield
investment”, and add sectors to the definition of
“strategic sector”, as the Secretary considers appropriate;
(3) identify the information required to be included in a
notification submitted under the pilot program;
(4) include a process by which the Committee may identify a
greenfield investment in the United States by a foreign
person in a strategic sector for which a notification is not
submitted; and
(5) provide for the imposition of civil penalties for any
violation of the requirement to submit notifications under
the pilot program.
(f) Report to Congress.—
(1) In general.—After the termination under subsection (b)
of the pilot program required by subsection (a), the
Secretary, in consultation with the Committee, shall submit
to the members of Congress specified in section
721(b)(3)(C)(iii) of the Defense Production Act of 1950 (50
U.S.C. 4565(b)(3)(C)(iii)) a report that includes—
(A) an assessment of the information on greenfield
investment in the United States by foreign persons in
strategic sectors collected under the pilot program; and
(B) an analysis of—
(i) the extent to which existing authorities address the
national security risks, if any, that could arise from
greenfield investment described in subparagraph (A); and
(ii) whether the establishment or expansion of other
Federal programs should be undertaken to address any such
risks.
(2) Form.—The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(g) Rule of Construction.—Nothing in this section may be
construed to impair or otherwise affect the authority of the
President to pursue any authorization, process, regulation,
investigation, prohibition, enforcement measure, or review
provided by or established under any other provision of
Federal law, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), section 721 of the
Defense Production Act of 1950 (50 U.S.C. 4565), or any other
authority of the President or Congress under the Constitution
of the United States, to protect the national security of the
United States.
(h) Definitions.—In this section:
(1) Covered transaction.—The term “covered transaction”
has the meaning given that term in section 721(a) of the
Defense Production Act of 1950 (50 U.S.C. 4565(a)).
(2) Greenfield investment.—The term “greenfield
investment” has the meaning given that term in regulations
prescribed under subsection (f).
(3) Secretary.—The term “Secretary” means the Secretary
of the Treasury, as the chairperson of the Committee on
Foreign Investment in the United States.
(4) Strategic sector.—The term “strategic sector”
means—
(A) the technology, critical infrastructure, healthcare,
agriculture, energy, and raw materials sectors; and
(B) such other sectors as are determined to be strategic in
regulations prescribed under subsection (e).
SA 5881. Mr. McCORMICK submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction,
military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1. SECRETARY OF DEFENSE CONSULTATION REGARDING
PREDICTION MARKETS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall consult with the
Commodity Futures Trading Commission regarding the proposed
rule submitted of the Commission entitled “Prediction
Markets; Public Interest Determinations” (91 Fed. Reg. 35806
(June 12, 2026)), or a subsequent final rulemaking, in
relation to the following factors:
(1) The factors to define war, terrorism, and
assassination.
(2) The factors in determining whether event contracts
involve war, terrorism, or assassination.
(3) The factors that raise public interest concerns.
SA 5882. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. AGENT MEMBERSHIP.
Section 304(b)(2) of the Federal Credit Union Act (12
U.S.C. 1795c(b)(2)) is amended by striking “all those credit
unions” and inserting “any such credit unions”.
SA 5883. Mrs. FISCHER submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROHIBITION ON GRANT OF CERTAIN SATELLITE LICENSES,
UNITED STATES MARKET ACCESS, OR EARTH STATION
AUTHORIZATIONS.
(a) In General.—The Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1601 et seq.) is amended—
(1) by redesignating sections 10 and 11 as sections 11 and
12, respectively; and
(2) by inserting after section 9 the following:
“SEC. 10. PROHIBITION ON GRANT OF CERTAIN SATELLITE
LICENSES, UNITED STATES MARKET ACCESS, OR EARTH
STATION AUTHORIZATIONS.
“(a) Definitions.—In this section:
“(1) Affiliate.—
“(A) In general.—The term `affiliate' means an entity
that (directly or indirectly) owns or controls, is owned or
controlled by, or is under common ownership or control with,
another entity.
“(B) Own.—For purposes of this paragraph, the term `own'
means to have, possess, or otherwise control an equity
interest (or the equivalent thereof) of not less than 10
percent.
“(2) Blanket-licensed earth station.—The term `blanket-
licensed earth station' means an earth station that is
licensed with a geostationary orbit satellite system or a
nongeostationary orbit satellite system.
“(3) Gateway station.—The term `gateway station' means an
earth station or a group of earth stations that—
“(A) supports the routing and switching functions of a
geostationary orbit satellite system or a nongeostationary
orbit satellite system;
“(B) may also be used for telemetry, tracking, and command
transmissions;
“(C) does not originate or terminate communication
traffic; and
“(D) is not for the exclusive use of any customer.
“(4) Individually licensed earth station.—The term
`individually licensed earth station' means—
“(A) an earth station (other than a blanket-licensed earth
station) that sends a signal to, and receives a signal from,
a geostationary orbit satellite system or a nongeostationary
orbit satellite system; or
“(B) a gateway station.
“(b) Prohibition.—The Commission may not grant a license
for, or a petition for a declaratory ruling to access the
United States market using, a geostationary orbit satellite
system or a nongeostationary orbit satellite system, or an
authorization to use an individually licensed earth station
or a blanket-licensed earth station, if the license, grant of
market access, or authorization would be held or controlled
by—
“(1) an entity identified on the list published by the
Commission under section 2(a); or
“(2) an affiliate of an entity described in paragraph (1).
“(c) Further Consideration for Secured Networks.—
“(1) In general.—The Commission may issue a report
assessing supply chain security risks associated with any
earth station licensee, geostationary orbit satellite system
licensee, nongeostationary orbit satellite system licensee,
or entity granted a declaratory ruling to access the United
States market using a geostationary orbit satellite system or
nongeostationary orbit satellite system, or an affiliate of
such a licensee or entity, that provides communications
equipment designed, developed, manufactured, or assembled by
an entity identified on the list published by the Commission
under section 2(a).
“(2) Rule of construction.—Nothing in paragraph (1) shall
be construed to expand or contract the authority of the
Commission.”.
(b) Applicability.—Section 10 of the Secure and Trusted
Communications Networks Act of 2019, as added by subsection
(a), shall apply with respect to the grant of a license,
petition, or authorization on or after the date of enactment
of this Act.
(c) Rules.—Not later than 1 year after the date of
enactment of this Act, the Federal Communications Commission
shall issue rules to implement section 10 of the Secure and
Trusted Communications Networks Act of 2019, as added by
subsection (a).
SA 5884. Mrs. FISCHER submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . 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) Paperwork Reduction Act Exemption.—A collection of
information conducted or sponsored by the Commission to
implement this section does not constitute a collection of
information for the purposes of subchapter I of chapter 35 of
title 44, United States Code (commonly referred to as the
“Paperwork Reduction Act”).
(e) 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).
SA 5885. Mr. YOUNG submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. . PILOT PROGRAM ON USE OF SUBSCRIPTION-BASED FUNDING
MODEL AT MAJOR RANGE AND TEST FACILITY BASE.
(a) In General.—Not later than 270 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall, acting through the Director
of the Test Resource Management Center, commence carrying out
a pilot program to determine the feasibility, effectiveness,
and operational impacts of implementing a subscription-based
funding model for test and evaluation facilities.
(b) Requirements.—The pilot program required by subsection
(a) shall—
(1) be conducted during the two-year period beginning on
the date of the commencement of the pilot program;
(2) include not fewer than two cyber-physical test and
training ranges designated by the Director of the Test
Resource Management Center;
(3) include at least one cyber-physical test and training
range operated by, or under the authority of, the National
Guard of a State;
(4) provide for participation by military departments,
defense agencies, combat support agencies, federally funded
research and development centers, and such other Department
of Defense entities as the Director considers appropriate;
and
(5) evaluate the applicability of subscription-based
funding to cyber, cyber-physical, electronic warfare,
modeling and simulation, and integrated test environments
associated with the participating ranges.
(c) Subscription-based Funding Model.—For purposes of the
pilot program required by subsection (a), the Under Secretary
shall establish a funding structure under which participating
organizations pay recurring subscription fees in exchange for
access to specified range capabilities, infrastructure,
services, test environments, cybersecurity resources, data
management capabilities, and related support functions, in
lieu of or in combination with traditional reimbursable or
direct-user funding mechanisms.
(d) Elements.—In carrying out the pilot program required
by subsection (a), the Under Secretary shall—
(1) establish subscription tiers or other recurring funding
arrangements designed to support baseline operational,
sustainment, modernization, and cybersecurity costs of
participating ranges;
(2) assess the extent to which a subscription-based model
improves funding predictability, resource utilization,
infrastructure availability, and mission readiness;
(3) evaluate impacts on range scheduling, access,
interoperability, and support for developmental testing,
operational testing, training, experimentation, and rapid
prototyping activities;
(4) identify authority constraints or other challenges
associated with broader implementation of such a model;
(5) measure effects on cost recovery, user demand, and
long-term sustainment of cyber-physical range capabilities;
and
(6) develop recommendations regarding whether and how a
subscription-based funding model could be expanded to
additional test and evaluation facilities.
(e) Selection of Participating Ranges.—In selecting ranges
for participation in the pilot program required by subsection
(a), the Under Secretary shall prioritize cyber-physical
ranges that—
(1) support joint testing, training, or experimentation
activities;
(2) integrate operational technology, cyber,
communications, electronic warfare, or weapon-system testing
capabilities; and
(3) can provide representative data regarding the
scalability of subscription-based funding approaches across
test and evaluation facilities.
(f) Report.—Not later than 270 days after the date of the
enactment of this Act, the Under Secretary shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report describing the following:
(1) The actions taken under subsection (a).
(2) The status of implementation of integration required by
such subsection.
(3) Any exceptions to full integration under subsection
(b)(2).
(4) The reasons for the exceptions described in paragraph
(3).
(g) Briefing.—Not later than 30 days after the date on
which the Under Secretary submits the report required by
subsection (f), the Under Secretary shall provide the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a briefing
on the matters covered by the report.
SA 5886. Mr. McCORMICK (for himself, Mr. Ricketts, and Mrs. Shaheen) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . NITAZINE CONTROL ACT.
(a) Short Title.—This section may be cited as the
“Nitazene Control Act”.
(b) Findings.—Congress finds the following:
(1) 2-Benzylbenzimidazole opioids are a class of synthetic
opioids first synthesized in the 1950s that exhibit
significant potency at the mu-opioid receptor, with some
substances exceeding the potency of fentanyl.
(2) The Drug Enforcement Administration has temporarily or
permanently scheduled multiple 2-benzylbenzimidazole opioids
compounds under schedule I of section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)) due to their
high abuse potential and lack of accepted medical use.
(3) Nitazenes and related compounds have emerged in the
illicit drug supply as designer drugs and contribute to
overdose and fatal poisonings in the United States.
(4) A class-wide permanent scheduling of 2-
benzylbenzimidazole opioids is necessary to preemptively
address the proliferation of new analogs, streamline
enforcement, and protect public health.
(5) The HALT Fentanyl Act (28 U.S.C. 801 note; Public Law
119-26) created pathways for research using schedule I
controlled substances that apply to scheduled nitazenes.
(c) Schedule I Classification of Nitazenes.—
(1) Amendment.—Schedule I of section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)) is amended by
adding at the end the following:
“(f)(1) Unless specifically exempted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of a 2-
benzylbenzimidazole opioid, or which contains the salts,
isomers, and salts of isomers of a 2-benzylbenzimidazole
opioid.
“(2) For purposes of paragraph (1), the term `2-
benzylbenzimidazole opioid' includes the following:
“(A) A substance that is structurally related to 2-
benzylbenzimidazole with the following modifications:
“(i) At the 1-position, substitution with an alkyl linker
connected to a substituted amine group containing hydrogen,
alkyl, alkenyl, or heteroaryl group, such as a morphilino,
pyrrolidino, or piperidinyl groups, whether or not further
substituted.
“(ii) At the 2-position—
“(I) replacement of the alkyl portion of the benzyl group
with a substituted or unsubstituted alkyl, alkoxy, carbamates
group, nitrogen, sulfur, or oxygen atom; or
“(II) replacement of the phenyl portion of the benzyl
group with an aryl or heteroaryl group.
“(iii) Substitution on the phenyl portion of the
benzimidazole ring with a hydrogen atom, halogen, nitro,
cyano, substituted or unsubstituted amide, amine, alkyl,
alkoxy, aryl, or heteroaryl group.
“(iv) At the 6-position, substitution with hydrogen,
nitro, trifluoromethyl, methoxy, trifluoromethoxy, cyano, and
halogen groups.
“(B) A substance that exhibits agonist activity at the mu-
opioid receptor.
“(C) Etonitazene, clonitazene, metonitazene,
isotonitazene, protonitazene, butonitazene, etodesnitazene,
flunitazene, N-pyrrolidino etonitazene, N-desethyl
isotonitazene, and N-piperidinyl etonitazene.”.
(2) Removal of temporary status.—Any substance included in
the amendment made by paragraph (1) that was temporarily
scheduled under section 201(h) of the Controlled Substances
Act (21 U.S.C. 811(h)) shall be deemed permanently scheduled
and subject to the requirements of schedule I of section
202(c) of that Act (21 U.S.C. 812(c)) as of the date of
enactment of this Act.
(3) Rule of construction.—Nothing in this subsection shall
be construed to authorize the initiation of new research
using 2-benzylbenzimidazole opioids, as defined in subsection
(f) of schedule I of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)), as added by paragraph (1)
of this section, without proper registration and scheduling
compliance.